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Last updated: July 31, 2017
These Terms of Service (collectively, these "Terms") constitute a legal agreement between VeriSign, Inc. (referred to as "Verisign," "us", "we" or "our") and you ("you", "your" or "end user") that governs your access to, and use of, Verisign’s domain name search service offered through the verisign.com website or any other Verisign website that references these Terms (the "Service"). The Service enables you to submit search queries to Verisign (the "Domain Name Search Data") to (a) check the availability of domain names within one or more of the .com, .net, .tv and/or .cc top-level domains and/or other top-level domains as may be made available by Verisign from time to time and (b) receive a list of domain name suggestions based on the Domain Name Search Data (collectively, the "Domain Name Search Results Data").
THIS IS A LEGAL CONTRACT. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, AS WELL AS ANY AND ALL OTHER AGREEMENTS EXPRESSLY INCORPORATED BY REFERENCE (INCLUDING OUR PRIVACY POLICY), AND ANY ALL POLICIES OR LEGAL NOTICES WE PUBLISH OR PROVIDE REGARDING THE SERVICE.
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
TABLE OF CONTENTS
Eligibility
The Service is intended solely for users who are 18 years of age or older. By accessing or using the Service, you represent and warrant that: (i) you are 18 years of age or older and otherwise have capacity to contract; and (ii) if you are accessing or using the Service on behalf of an entity, you have the authority to bind that entity to these Terms. The Service is controlled and offered by Verisign from the United States. Verisign makes no representations that the Service is appropriate or available for use in other locations.
License Grants
Access to and Use of the Service. Subject to these Terms, Verisign grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, restricted license to access and use the Service solely to: (i) submit Domain Name Search Data to the Service; and (ii) use the Domain Name Search Results Data solely in connection with registering one or more domain names.
Use of Domain Name Search Data. You grant to Verisign an irrevocable, perpetual, non-exclusive, non-transferable, non-sublicensable license to use, reproduce, and transmit the Domain Name Search Data (including any personal information contained therein): (i) in connection with the provision of the Service, including, but not limited to, generation of the Domain Name Search Results Data; and (ii) in connection with the Data Uses (as defined in Section 4 below).
License Grant Restrictions
You hereby represent, warrant, and agree that you will: (i) use the Service solely for personal, non-commercial use in accordance with Section 2.1 above; and (ii) NOT use the Service to (a) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Service, or any part thereof; (b) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Service; (c) access the Service in order to build a similar or competitive service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the Service; (e) upload, transmit, or distribute any computer viruses, worms, or any software or attempt to gain unauthorized access to interfere with, disable, damage or alter, or disrupt a computer or communication network, handheld device, mobile device, data, any part of the Service, the server(s) on which the Service is stored, any server, computer, or database connected to the Service, or any other system, device or property; (f) access (or attempt to access) the Service by means other than through the interface that is provided by Verisign; (g) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices); (h) circumvent, disable, or otherwise interfere with the security or functionality of the Service or of features that enforce limitations on use of the Service; (i) infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (j) violate any law, statute, ordinance, or regulation, including, but not limited to, applicable export and re-export control laws and regulations; or (k) run any processes that interferes with the proper working of the Service (including by placing an unreasonable load on the Service’s infrastructure). Use of the Service is void where prohibited.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal information collected from you in connection with your use of the Service, including any information you provide to the Service contained in any Domain Name Search Data (including any personal information contained therein). Please carefully review our Privacy Policy to learn about how we collect and use your personal information before accessing the Service. The Domain Name Search Data is aggregated information and is not linked to any personal information (other than personal information you may have submitted as part of your domain name search, such as your first and last name).
The Domain Name Search Data collected via the Service is used as generally described in our Privacy Policy and more specifically to (collectively, the "Data Uses"):
We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to use the Service. If you believe that we might have any personal information from or about a child under 13, please contact us at privacystatement@verisign.com.
User Responsibilities
You are solely responsible for: (i) making all arrangements necessary to access and use the Service, including, as applicable, ensuring your computer and/or supported mobile device includes adequate software or internet connectivity; (ii) any and all costs, including but not limited to, internet or mobile data costs, you may incur while accessing and using the Service; (iii) any costs or liabilities arising from, associated with, or relating to, the registration of a domain name suggested or listed in the Domain Name Search Results Data or your use of the Service; and (iv) ensuring that any domain name you register as a result of the Domain Name Search Results Data or your use of the Services does not violate any third party trademarks or other intellectual property.
The Service may contain links to other third-party sites and services that Verisign does not control or maintain. We are not responsible for the privacy practices or any other activities of any third-party site or service.
Intellectual Property
You acknowledge and agree that Verisign and its licensors own all rights, title and interest, including all intellectual property rights and other proprietary rights, including, but not limited to, registered and unregistered, United States and foreign copyrights, trademarks, service marks, trade dress, trade names, corporate names, logos, inventions, patents, patent applications, software, know-how and all other intellectual property and proprietary rights (of every kind and nature throughout the universe and however designated) in and to the Service, the Domain Name Search Data, the Domain Name Search Results Data, and their entire contents, materials, features, functionality (including but not limited to all information, software, technology, methodology, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and other services included on or otherwise made available to you through the Service or Verisign ("Verisign Works") and the Feedback (as defined in Section 8 below), and no rights in the foregoing are transferred to you hereunder.
Term; Termination; Modifications; Suspension; Discontinuation
These Terms will be effective on the first day that you access and/or use the Service and will remain in full force and effect so long as you continue to access and/or use the Service, unless terminated as set forth in this Section. Verisign may terminate your license under Section 2.1 above at any time, without notice, in its sole discretion, for any reason, including, but not limited to, your failure to abide by these Terms, any and all other agreements expressly incorporated by reference (including our Privacy Policy), and any and all other policies or legal notices we publish by regarding the Service. The terms in Sections 4, 6, 7, 8, 10 through 13 of these Terms will survive termination your license under Section 2.1. Verisign reserves the right, at any time, to modify, suspend, or discontinue the Service, or any part thereof, in its sole discretion with or without notice to you.
You agree that Verisign will not be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Service, or any part thereof.
Feedback
You may choose to, or we may invite you to, submit comments, suggestions, or ideas about the Service, including how to improve the Service ("Feedback"). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place Verisign under any fiduciary or other obligation.
Changes to the Terms of Service
Verisign may update these Terms from time to time. When we do, we will revise the “last updated” date at the top of these Terms. Verisign is not responsible for notifying you of changes to these Terms. You are responsible for checking these Terms, including our Privacy Policy and all other documents incorporated by reference, for updates periodically. For changes to these Terms that we deem to be material, we will endeavor to place a prominent notice on the home page of the Service regarding such changes. If at any time you do not agree to these Terms, please do not access or use the Service.
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE VERISIGN WORKS (INCLUDING THE SERVICE) ARE PROVIDED BY VERISIGN ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS AND WARRANTIES WHATSOEVER. VeriSign disclaims any and all warranties, express, implied, or statutory, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy or completeness of responses, PERFORMANCE results (INCLUDING AVAILABILITY OF DOMAIN NAMES), workmanlike effort, OR THAT THE vERISIGN WORKS (INCLUDING THE SERVICE) WILL BE: (A) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) UNINTERRUPTED OR ERROR FREE; OR (C) FREE OF OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE CONTENT, OR THAT YOUR REGISTRATION OF A DOMAIN NAME BASED ON THE DOMAIN NAME SEARCH DATA WILL NOT VIOLATE ANY THIRD-PARTY TRADEMARKS OR OTHER INTELLECTUAL PROPERTY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Verisign or its affiliates, or its or their respective officers, members, directors, employees, service providers, agents, licensors, suppliers, successors and assigns (collectively, the "Verisign Parties") BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE VERISIGN WORKS (INCLUDING THE SERVICE) OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), IN EACH CASE WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VERISIGN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERISIGN OR THE VERISIGN PARTIES BE LIABLE FOR ANY DIRECT DAMAGES ARISING UNDER OR RELATING TO THE VERISIGN WORKS (INCLUDING THE SERVICE) OR THESE TERMS EXCEEDING ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
Indemnification
You agree to indemnify, defend and hold harmless the Verisign Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your (i) violation of these Terms;(ii) use of the Service ( including, but not limited to your submission of Domain Name Search Data), (iii) use of the Verisign Works (including the Service), other than as expressly authorized in these Terms; or (iv) use of any information obtained from the Service, including Domain Name Search Results Data.
Miscellaneous
Force Majeure
Without limiting Sections 10, 11 and 12 above, Verisign will not be liable or responsible to you to the extent any failure or delay is caused by or results from acts or circumstances beyond Verisign’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law; Disputes
These Terms will be governed by the laws of the Commonwealth of Virginia, excluding its conflicts of laws rules.
YOU AND VERISIGN AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Either Verisign or you may demand that any dispute between Verisign and you about or involving your use of the Service, the Verisign Works and/or these Terms must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Verisign from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
No Assignment
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Verisign without restriction. Any attempted assignment by you will be null and void.
No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
Notices
To You. We may provide any notice to you under these Terms by posting to the website(s) hosting the Service. Notices we post will be effective on the day we post.
To Us. To give us notice under these Terms, you must contact us as follows: Any such notice may be served personally or by certified mail (postage prepaid), internationally commercially recognized overnight delivery service (such as Federal Express or DHL), or courier. Notice shall be deemed served upon personal delivery or delivery by courier, upon the second business day after the date sent for notices sent via overnight delivery, or upon the fifth business day after the date sent for notices sent via certified mail. Either Party may change the address to which notices are to be delivered by written notice (excluding email) to the other Party.
Notice to VeriSign, Inc.Entire Agreement; Severability; No Waiver
These Terms, as well as any and all other agreements expressly incorporated by reference (including our Privacy Policy), and any and all other policies or legal notices we publish regarding the Service constitute the entire agreement between you and Verisign concerning your use of the Service. If any provision of these Terms is deemed invalid, unenforceable or void by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Verisign’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Verisign.
© Copyright 2017 Verisign, Inc. All rights reserved.