Last updated: 10 July 2020
These Terms of Service (collectively, these ‘Terms’) constitute a legal agreement between VeriSign, Inc. (referred to as ‘
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 AND ANY AND 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. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
TABLE OF CONTENTS1. Eligibility 2. Licence Grants 3. Licence Grant Restrictions 4. Privacy 5. Social Media Applications 6. User Responsibilities 7. Intellectual Property 8. Term; Termination; Modifications; Suspension; Discontinuation 9. Feedback 10. Changes to the Terms of Service 11. Disclaimer 12. Limitation of Liability 13. Indemnification 14. Miscellaneous
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, and expressly disclaims, that the Service is appropriate or available for use in other jurisdictions or locations.
2. Licence Grants
2.1 Access to and Use of the Service.
Subject to these Terms, Verisign hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, restricted licence 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.
2.2 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 (as defined in our Privacy Statement) contained therein) and described in Section 4 (Privacy) below in connection with: (i) the provision of the Service, including, but not limited to, generation of the Domain Name Search Results Data; and (ii) the Data Uses (as defined in Section 4 (Privacy) below).
3. Licence Grant Restrictions
You hereby represent, warrant and agree that you will: (i) use the Service solely for personal, non-commercial use only where not legally prohibited and in accordance with Section 2.1 above; and (ii) NOT use the Service for any other purpose, including, but not limited 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 provided herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the Service, including, but not limited to, the Domain Name Search Results Data; (e) upload, transmit or distribute any computer viruses, worms or any software or attempt to gain unauthorised 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 website 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).
We respect your privacy and are committed to protecting it. Our Privacy Statement governs the processing of all Personal Information collected from you in connection with your use of the Service, which may include first name, surname, the date and time of the domain name search query, IP address, geolocation information, Social Media Application information (including user preferences, business category data, email, gender, skills and social media handle), together with any other Personal Information contained in any Domain Name Search Data and that may be obtained by Verisign through the Social Media Applications (if such login functionality is made available by Verisign). The Domain Name Search Data is aggregated information and is not linked to any Personal Information (other than information that you may have submitted as part of a domain name search (such as your first and surname) or information obtained through the Social Media Applications (if such login functionality is made available by Verisign).
Please carefully review our Privacy Statement to learn about how we collect and use your Personal Information before accessing the Service.
The Domain Name Search Data collected via the Service is used as generally described in our Privacy Statement and more specifically to (collectively, the "Data Uses"):
- Provide relevant, personalised Domain Name Search Results Data in response to Domain Name Search Data provided to the Service or accessed by the Service through the Social Media Applications (if such login functionality is made available by Verisign);
- Diagnose problems with and/or improve the Service;
- Gather broad, aggregated information to help Verisign understand end user interests;
- Market the Service to other potential end users;
- Improve the performance of the Service;
- Validate, modify, enhance and/or improve any of Verisign’s products, services and/or data, including the Service and the Domain Name Search Results Data; and
- Evaluate if new domain name registrations are completed as a result of your use of the Service.
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 firstname.lastname@example.org.
5. Social Media Applications
The Service may contain links to and/or use functionality from Social Media Applications (if such login functionality is made available by Verisign), including functionality that enables you to connect to the Service using your username and password credentials for the Social Media Applications to enable the Service to provide you with Domain Name Search Results Data obtained by Verisign through profile data contained in the Social Media Application(s). You understand and agree that: (i) Verisign does not control any Social Media Application functionality; (ii) any Social Media Application’s use of information it has collected from you is governed by the Social Media Application’s privacy policies, terms of service and your settings on the Social Media Application; (iii) you are solely responsible for reviewing the Social Media Application’s privacy policies, terms of service and your settings on the Social Media Application; and (iv) Verisign is not responsible for the privacy policies and practices, terms, conditions or any other activities of, or functionality provide by, any Social Media Applications.
6. User Responsibilities
You are solely responsible for: (i) making all arrangements necessary to access and use the Service, including, as applicable, ensuring that 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 that 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.
7. 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 9 below), and no rights in the foregoing are transferred to you hereunder.
8. 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 licence 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, and any and all other policies or legal notices we publish by regarding the Service. The terms in Sections 4, 7, 8, 9 and 11 through 14 of these Terms will survive termination of your licence 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 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.
10. 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, and all other documents incorporated by reference, for updates periodically. For changes to these Terms that we deem to be material, we will endeavour 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.
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.
12. Limitation of Liability
12.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERISIGN, ITS AFFILIATES, 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.
12.2 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).
12.3 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.
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 solicitors’ 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 authorised in these Terms; and (iv) use of any information obtained from the Service, including Domain Name Search Results Data.
14.1 Force Majeure
Without limiting Sections 11, 12 and 13 above, Verisign will not be liable or responsible to you to the extent that 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, cyberattack, 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 labour disputes (whether or not relating to our workforce) or restraints or delays affecting operators, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14.2 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, including the Verisign Works and/or these Terms, must be settled by arbitration utilising 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. Judgement 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.
14.3 No Assignment
These Terms, and all rights and licences granted hereunder, may not be transferred or assigned by you without Verisign’s prior written consent but may be assigned by Verisign without restriction. Any attempted assignment by you without Verisign’s prior written consent shall be null and void.
14.4 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.
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 pre-paid), internationally commercially recognised 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.
Attn: General Counsel
12061 Bluemont Way
Reston, VA 20190
United States of America
14.6 Entire Agreement; Severability; No Waiver
These Terms, as well as any and all other agreements expressly incorporated by reference, 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 authorised representative of Verisign.
© Copyright 2020 Verisign, Inc. All rights reserved.