Business Listing Agreement
Business Listing Service Agreement (“the Service Agreement”) is entered
into by and between
”) and you and your
heirs, agents, successors and assigns (collectively, “You” or “Your”) and sets forth
the terms and conditions of your use of
Business Listing and its related services
(“the Business Listing Services”). By using the Business Listing Services, You acknowledge
that you have read, understand, acknowledge and agree to be bound by all the terms
conditions of this Service Agreement as well as the
and any new, different, or additional terms or conditions that
from time to time at its sole discretion.
1. Description of the Service. Through the Business Listing Services,
is providing You with an opportunity to add information about Your business,
Your products or services, or about Your domain name or web site (referred to generally
in this Service Agreement as “Advertising Content") to Your WHOIS listing that appears
in the WHOIS database and WHOIS search results. You are also provided with an opportunity
to make Your WHOIS listing part of a searchable WHOIS listing directory.
2. Display of Your Advertising Content. You hereby grant to
a non-exclusive, royalty-free, worldwide right and license by all means and in any
media to use, reproduce, distribute, modify for technical purposes, publicly perform,
publicly display and digitally display the Advertising Content. You further grant
the right to distribute the Advertising Content to other third parties that
wish to publish the Advertising Content in accordance with terms established by
does not edit the Advertising Content written and submitted by You through
the Business Listing Services templates. You agree that You shall bear all responsibility
and liability for any and all claims related to the Advertising Content displayed
with the WHOIS listing as part of the Business Listing Services. You further agree
shall have no liability for any and all claims that relate to any Advertising
Content, copy, data or text that submitted.
3. Your Advertising Content Guidelines. You acknowledge and agree
that in order for
to maintain the integrity of the Business Listing Services,
You are subject to this Service Agreement and the other terms and conditions in
may, in its sole discretion, reject, cancel,
or remove, at any time, any Advertising Content from the Business Listing Services
for any reason without prior notice to You.
will not be liable in any way for
any rejection, cancellation or removal of any Advertising Content. You represent
and warrant that: (a) You have all necessary authority to enter into this Agreement;
(b) You will comply with all applicable laws; (c) that all text, data and information
submitted by You for display as the Advertising Content is true, accurate, and complete;
and that (d) any use and display of the Advertising Content shall not: (i) infringe
or violate any patent, copyright, trademark, service mark, trade secret, or other
intellectual property right of a third party, including any right of privacy or
publicity; (ii) violate any federal, state or local laws or regulations or foreign
laws; (iii) contain material that is pornographic, obscene, vulgar, defamatory,
libelous, fraudulent, misleading, threatening, hateful, or racially or ethnically
objectionable at the sole opinion of
; (iv) condone or participate in any activities
designed to harm minors in any way; or (v) condone or participate in activities
designed to impersonate the identity of a third party; or (vi) be likely to result
in any consumer fraud, product liability, tort, breach of contract, injury, damage
or harm of any kind to any person or entity.
4. Third Party Advertising. By agreeing to the terms of this Service
Agreement, You grant
the right to place, and generate revenue from, Third Party
Advertising (“Advertising”) placed throughout the Business Listing Services. You
further acknowledge and agree that any Advertising placed in the Business Listing
Services may contain advertisements, offers, or other links to other websites and
resources of third parties that
does not control. That information, as well
as advertisements, may or may not be or remain wholly accurate. You acknowledge
and agree that
is not responsible or liable for (i) the availability or accuracy
of such sites or resources; or (ii) the content, advertising, or products or services
on or available from such sites or resources.
5. Term and Billing. As consideration for the Business Listing
Services, renewal of the Business Listing Services, and, if you select it, automatic
renewal of the Business Listing Services, you agree to pay, prior to the effectiveness
of the Business Listing Services, the applicable fees. All fees are non-refundable,
in whole or in part, even if your domain name registration is suspended, cancelled
or transferred prior to the end of your current registration term. At
may require that you pay fees through a particular payment means (such as by
credit card or wire transfer) or that you change from one payment provider to another.
reserves the rights and sole discretion to modify its pricing at any time,
if desired by
6. Cancellation; Termination.
may, at any time, terminate
the Business Listing Services, terminate this Service Agreement or disable or take
down any Advertising Content displayed.
will notify You by email of any such
termination or cancellation which shall be effective immediately.
the right to immediately terminate this Service Agreement without prior notice if
Your use of the Business Listing Services results in, or is the subject of, legal
action or threatened or proposed legal action, against
or any of its affiliates,
without consideration of whether such legal action or threatened or proposed legal
action is eventually determined to be with or without merit.
7. Disabling the Business Listing Services. You may “turn off”
the Business Listing Services, thereby concealing your Advertising Content, by disabling
the “visibility” feature in Your account.