PLEASE READ THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) BEFORE CHECKING THE "I ACCEPT". BY CHECKING "I ACCEPT", YOU ARE ACCEPTING AND AGREEING THAT ANY AND ALL SERVICES PROVIDED TO YOU BY DOMAIN THE NET TECHNOLOGIES LTD (“DOMAIN THE NET”) SHALL BE PROVIDED SUBJECT TO AND UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PROVIDED HEREUNDER. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE REFRAIN FROM CHECKING THE “I ACCEPT”.
1. The Services. Subject to the terms and conditions of this Agreement, and subject to the payment in full of the applicable periodic service fees as designated in the Purchase Order (as defined below), Domain The Net shall activate and provide you with the Services until such time as this Agreement is terminated (in accordance with the provisions of Section 5 below).
For the purpose of this Agreement: (i) “
Services” shall mean the services procured by you from Domain The Net as designated in the Purchase Order, which may include one or more of the following types of solutions offered to you by Domain The Net: (a) NameLock™; (b) NameWatch™; (c) NameSecure™; and/or (d) The Domain Name SWAT Team
TM; (e) NameMonitor™; (f) WebContentMonitorTM; (g) WebPageMonitor
TM; (h) TM-monitor
TM; (i) WhoIs Monitor
TM and/or (j) Risk Analysis (k) Negotiation services (m) Escrow Services (the description of each such solution is provided at the following webpage:
http://www.domainthenet.com/en/dpm_terms_of_service.aspx; and (ii) “
Purchase Order” shall mean the purchase order submitted by you to Domain The Net, within which you designated the type of Services you have decided to procure from Domain The Net and which also includes the commercial terms and conditions applicable thereto, including without limitation, the applicable periodic service fees to be paid by you to Domain The Net.
2. Limited Warranty; Disclaimer. The sole and exclusive warranty provided by Domain The Net in relation to the provision of the Services is that Domain The Net shall provide the Services in accordance with the description of each type of Services (as described at
http://www.domainthenet.com/en/dpm_terms_of_service.aspx). Furthermore, Domain The Net’s sole and exclusive responsibility and warranty with regard to any defect or fault regarding the Services shall be that, upon Domain The Net becoming aware of such defect or fault, Domain The Net will use reasonable commercial efforts in order to remedy such defect or fault as soon as it is able to considering the circumstances.
EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS”, AND DOMAIN THE NET HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND/OR NON-INFRINGEMENT. FURTHERMORE, DOMAIN THE NET DOES NOT WARRANT THAT THE SERVICES SHALL BE ERROR-FREE and does not warrant that SERVICES WILL FULLY PREVENT ALL UNAUTHORIZED AND/OR UNLAWFUL (I) ATTEMPTS TO ALTER or modify ANY DOMAIN AND/OR ITS SETTINGS, whether via domain the net, any other registrar and/or ANY REGISTRY and/or any other domain registration PROVIDER; or (II) Pharming or phishing activities.
3. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE, SHALL DOMAIN THE NET OR ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGE OR DESTRUCTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE, MALFUNCTION, FIRE, ELECTRICAL FAILURE OR SHORT CIRCUIT). ADDITIONALLY, THE ENTIRE LIABILITY OF DOMAIN THE NET (INCLUDING ITS REPRESENTATIVES) SHALL BE LIMITED IN ANY EVENT TO ACTUAL DIRECT DAMAGES CAUSED SOLELY BY THE ACTS OR OMISSIONS OF DOMAIN THE NET. FURTHERMORE, THE ENTIRE LIABILITY OF DOMAIN THE NET (INCLUDING ITS REPRESENTATIVES) FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES SHALL BE LIMITED TO THE AGGREGATE CONSIDERATION RECEIVED BY DOMAIN THE NET FROM YOU HEREUNDER DURING THE 3 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF DOMAIN THE NET SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
4. Warranty Made by a Third Party Representative. If you request to order the services on behalf of a third party, you hereby declare and affirm to Domain The Net as follows:
(A) You are legally authorized to represent the said third party and to enter into binding obligations on its behalf. (B) The actions you perform in relation to the Services will entitle and bind the third party, in whose name you act. (C) You have informed the third party of the conditions stated herein, and have received its explicit consent to these conditions. (D) You will indemnify Domain The Net, its employees, its managers and its representatives, should it become evident that your warranties and undertakings herein are incorrect, or should the third party, in whose name you are acting, deny its commitment to the provisions of this Agreement and/or if Domain The Net will be found liable to that third party with any liability due to any contentions and/or claims made against Domain The Net regarding the Services in any jurisdiction.
5. Term and Termination. Both you and Domain The Net are entitled to terminate this Agreement at any time by providing the other party with at least thirty (30) days prior written notice. Additionally, Domain The Net may terminate or suspend this Agreement immediately without prior notice in the event that you are in breach of any of your obligations herein. In the event that Domain The Net terminates this Agreement other than due to your breach, then a pro rata portion of the services fees paid to Domain The Net by you and for which you shall not receive Services shall be refunded to you.
6. Miscellaneous. This Agreement represents the complete agreement concerning the Services between you and Domain The Net and supersedes all prior agreements and representations between you and Domain The Net. This Agreement may not be amended unless such amendment has been executed in writing by Domain The Net, however Domain The Net shall be entitled to modify the terms and conditions of this Agreement from time to time by providing you with at least thirty (30) days prior written notice. If any provision of the Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Domain The Net to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the rights of Domain The Net with respect to such breach or any subsequent breaches. This Agreement is specific to you and may not be assigned or transferred for any reason whatsoever without the consent of Domain The Net and any action or conduct in violation of the foregoing shall be void and without effect. Domain The Net expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement is governed by and construed under the laws of the State of Israel. Unless otherwise elected by Domain The Net in writing for a particular instance (which Domain The Net may do at its option), the sole jurisdiction and venue for actions related to the subject matter hereof shall be the courts of Tel Aviv–Jaffa, Israel. You hereby agree to service of process in accordance with the rules of such courts. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees.