DomainClub.com Terms of Service
This document discloses the Terms of Service for DomainClub.com (the “Site”)
Effective Date:
May 25th, 2018
This Terms of Service document may change over time, as we are constantly striving to provide you the best possible experience on our site. Please be sure to check back over time to see any changes we make.
1. Terms
By accessing DomainClub.com, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing the Site. The materials contained in the Site are protected by applicable copyright and trade mark law.
This includes all rules and regulations set forth by ICANN
2. Use License
ermission is granted to temporarily download one copy of the materials (information or software) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Site at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on the Site are provided "as is". The Site makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Site does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall the Site or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Site, even if the Site or an authorized representative of the Site has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the Site could include technical, typographical, or photographic errors. The Site does not warrant that any of the materials on its website are accurate, complete, or current. The Site may make changes to the materials contained on its web site at any time without notice. The Site does not, however, make any commitment to update the materials.
6. Links
DomainClub.com has not reviewed all of the sites linked to it and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DomainClub.com. Use of any such linked website is at the user's own risk.
7. Site Terms of Use Modifications
The Site may revise these terms of use at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms of Service.
8. Governing Law
Any claim relating to the Site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
9. User Content
Domainclub.com generally does not pre-screen User Content (whether posted to a website hosted by Domainclub.com or posted to this Site). The Site does reserve the right (but has no obligation) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. The Site may remove any item of User Content (whether posted to a website hosted by Domainclub.com or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Domainclub.com in its sole and absolute discretion), at any time and without prior notice. If Domainclub.com has reason to believe the User is a repeat offender, Domainclub.com may also terminate a User’s access to this Site or the Services found at this Site. If Domainclub.com terminates your access to this Site or the Services found at this Site, Domainclub.com may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. Domainclub.com does not support any content that is deemed illegal by US law and reserves the right to terminate an account if the User Content violates US Law.
10. Hosting Terms of Use
Reseller, or its contractors, employees, directors, officers, representatives, agents and affiliates and Domainclub.com Customers, shall not use or permit use, either directly or indirectly, or through its customers, of any Hosting Order, in violation of this Agreement, and for any of the activities described below:
- As a backup/storage device.
- For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
- Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
- Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
- Run any type of web spiders or indexers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
- Participate in any P2P or file-sharing networks.
- Run any gaming servers.
- Run cron entries with intervals of less than 15 minutes.
- Store over 100,000 files.
- Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
- Use excessive resources which in the Parent's sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent's services.
- Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion.
- Send over 100 messages per hour per user and/or 500 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
- Use the email service for sending or receiving unsolicited emails.
- Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
- Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
- Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
- Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
11. CCTLD Terms
By registration of any ccTLD, the registrant agrees to all terms specified by that extension's registry. Please see below to the terms for each extension:
United Kingdom - .co.uk
Nominet
South Africa - .co.za
ZA Central Registry
Spain - .es
Red.es
British Indian Ocean Territory - .io
Internet Computer Bureau Ltd
Poland - .pl
NASK
12. UK Complaints and Escalation process
Not quite sure what constitutes an abusive registration? Take a look at these examples included in our DRS Policy:
- The domain name was registered with the primary purpose of selling or renting it specifically to the Complainant (or a competitor) for more than the Respondent paid for it
- The domain name was registered with the primary purpose of stopping the Complainant using it
- The domain name was registered with the primary purpose of disrupting the Complainant’s business
- The domain name has been used to confuse internet users
The list above isn’t exhaustive, and you may have another reason to make a complaint.
If you would like to send us any complaints like the above please email us at abuse@domainclub.com.
For more information just go here: http://www.nominet.uk/resources/complaints/
To report any abusive registrations, phishing scams, spam emails or any other types of email abuse, please send us an email to abuse@domainclub.com
If you would like to make a complaint about any service you have received from DomainClub.com, please contact us at support@domainclub.com.
If you would like to escalate a complaint about DomainClub.com, please contact Nominet at support@nominet.org.uk.
13. Indemnification Required of Registered Name Holders
All DomainClub.com Registered Name holders agree to indemnify, defend and hold harmless VNDS, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
14. Uniform Domain Name Dispute Resolution Policy
Notes:
- This policy is now in effect.
- This policy has been adopted by all ICANN-accredited registrars.
- The policy is between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant). Thus, the policy uses "we" and "our" to refer to the registrar and it uses "you" and "your" to refer to the domain-name holder.
