PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

 

By using the WebSite.ws site you signify your assent to the following terms (“Terms of Use”).  Please do not use this site if you do not agree to these Terms of Use.

 

Please note that these Terms of Use are subject to change and that we may modify them from time to time without notice.  We ask that you bookmark and periodically review this page to ensure continuing familiarity with the most current version of these Terms of Use.  Please e-mail us at termsofuse@WorldSite.ws to contact us about these Terms of Use.

 

WITHOUT LIMITATION, WEBSITE.WS’ SERVICES ARE NOT AVAILABLE TO MINORS.  PLEASE DO NOT USE THIS SITE IF YOU ARE A MINOR.

 

1.      You agree that you may not use, quote, copy, distribute, broadcast or publish on any medium now known or hereinafter devised any text, content, graphics, video clips or still photographs contained in this site without the prior express written authorization of Global Domains International, Inc., a California corporation ("WebSite.ws" or "we" or "us"), which grants authorization in WebSite.ws’ sole discretion on a case-by-case basis.  To contact WebSite.ws regarding obtaining such authorization, please email us at support@WebSite.ws.

 

2.      You agree to indemnify and hold WebSite.ws and WebSite.ws’ subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless from and against any claim, expenses and costs, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services provided on the WebSite.ws site, your violation of any term or condition of these Terms of Use, the Domain Name Registration Agreement, the Independent Marketing Affiliate Agreement, other published guidelines, or your violation of any rights of another party.

 

3.      You agree that WebSite.ws makes no guarantee of the availability of any services provided on the WebSite.ws site and may, at any time, or from time to time, modify or discontinue, temporarily or permanently, any services provided on this site without notice to you.  You understand that WebSite.ws shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services provided on this site.  

4.      You agree that WebSite.ws’ reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not imply endorsement, sponsorship, or recommendation by WebSite.ws.  You understand and acknowledge that WebSite.ws makes no representations or warranties whatsoever about other sites which you may access through this site or the content, products, services or materials made available through any such third-party sites and you acknowledge and agree that WebSite.ws will not be liable to you or any third party for claims arising from or in connection with such third-party products and services.  You hereby disclaim and waive any rights and claims you may have against WebSite.ws with respect to third-party products and services, to the maximum extent permitted by law. 

 

5.      You agree that WebSite.ws shall have no liability to you for any and all loss you may incur resulting from or in connection with, but not limited to:  (a) Access delays or access interruptions; (b) data non-delivery; (c) acts of nature; (d) errors, omissions or misstatements in any and all information or services provided under these Terms of Use; (e) deletion or failure to store e-mail messages, programs, or other data; (f) the development or interruption of your Web site; or (g) any action or omission of a third party with whom you enter into an agreement as a result of any promotion, advertisement or sponsorship related to, or in connection with, any service(s) of WebSite.ws.  You agree that your sole and exclusive remedy for any damages incurred by your use, or inability to use, this Web site shall be limited to Five Hundred United States Dollars (US$500).  Furthermore, WebSite.ws and WebSite.ws’ contractors and affiliates shall not be liable for any direct, indirect, incidental, special or consequential damages, or for any loss of revenue, profits or data, arising in connection with your use, or inability to use, this Web site.  Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, WebSite.ws’ liability is limited to the extent permitted by applicable law.

 

6.      WebSite.ws expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  WebSite.ws makes no warranty that WebSite.ws’ service(s) will meet your requirements, or that such service(s) will be uninterrupted, timely, secure, or error free; nor does WebSite.ws make any warranty as to the results that may be obtained from the use of WebSite.ws’ service(s).  No advice or information, whether oral or written, obtained by you from WebSite shall create any warranty not expressly made herein.  To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.

 

7.      Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and use of this site.  The WebSite.ws site is solely directed to individuals residing in the United States.  We make no representation that materials in the WebSite.ws site are appropriate or available for use in other locations.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.  Those who choose to access the WebSite.ws site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any software downloaded from the WebSite.ws site is further subject to United States export controls. No such software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.  By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

            We reserve the right to limit the availability of the WebSite.ws site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.

 

8.      You understand that WebSite.ws is based in the city of Carlsbad, California, and that the formation, construction and interpretation of these Terms of Use and the relationship between WebSite.ws and you shall be controlled by the laws of California without reference to California’s conflict of law principles.  You and WebSite.ws agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within the county of San Diego, California.  WebSite.ws’ failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use or the application of such provision to any person or circumstance shall be held invalid, the remainder of these Terms of Use or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby. 

9.      Ownership and Restrictions on Use.  ©2000 Global Domains International, Inc.  All Rights Reserved.  The WebSite.ws site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the WebSite.ws site in any way, without our prior written permission.  Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.  You acknowledge that you do not acquire any ownership rights by using the WebSite.ws site.

 

10.  You should be aware that filtering software is available to prevent minors from obtaining access to indecent or offensive material.  WebSite.ws does not endorse any specific filtering software, and many different products are available on the market.  Two of these products are CyberSitter which can be found at http://www.solidoak.com and NetNanny which can be located at http://www.netnanny.com. 

 

11.  WebSite.ws is a service provider under the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/hr2281.pdf) and complies with its provisions. WebSite.ws’ designated agent is:

Nancy Glines

      Global Domains International #30019

      701 Palomar Airport Rd, Suite 300

      Carlsbad, CA 92009

      760-602-3000

       Email copyright@WebSite.ws

 

12.  WebSite.ws disclaims any intention to censor, edit or engage in ongoing review of communications on the WebSite.ws Web site.  WebSite.ws will block access to, or remove, any material on WebSite.ws’ servers that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any WebSite.ws customer.  The customer accounts and privileges of repeat infringers of copyright, or of customers about whom repeat claims of copyright infringement are received, will be terminated.

13.  Procedure for Reporting Copyright Infringements 

            (a) Effective Notice:  To be effective, a notification of claimed infringement must be a written communication provided to WebSite.ws’ designated agent and must include substantially the following:  (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.


            (b)  What We Will Do.  Once the required information is received we will:  (i) remove or block access to the infringing material; (ii) notify WebSite.ws’ customer of WebSite.ws’ action; and (iii) if WebSite.ws’ customer sends us a counter-notification as provided for in the DMCA: (A) send a copy of the counter-notification to the person making the claim; and (B) inform the person making the claim that we will replace the blocked or removed material in ten business days, unless the person making the claim notifies us that such person has filed an action seeking a court order to restrain the customer from engaging in the infringing activity relating to the material on WebSite.ws’ system or network.

 

13.       Legal Notices.  Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

 

            (a) Pricing Information.  Current rates for our Services may be obtained by calling our Customer Support Team at 760-602-3000. We reserve the right to change fees, surcharges, monthly or other periodic fees or to institute new fees at any time as provided in this Agreement.

 

        (b) Complaints.  The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

[Revised October 10, 2000]

 

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