Terms of Use
User Agreement
FOLLOWING ARE THE TERMS ON WHICH WTI OFFERS YOU ACCESS TO
OUR WEB SITE AND SERVICES.
1. Introduction
This is the User Agreement (the "Agreement" or
"User Agreement") for your use of web sites owned or operated by, and
services offered by, WTI LLC ("WTI"). If you reside outside the
United States or Canada, the party you are contracting with is WTI LLC and you
are subject to the WTI LLC User Agreement. This Agreement contains the terms
and conditions ("T&C") applicable to your use of our online and
employee-assisted services ("Service" or "Services") as
described and available under or through the domain, sub-domains, and
affiliated domains of www.wti-domains.com (collectively, the "Site")
and is in conjunction with any specific terms and conditions that apply to the
particular Services.
WHETHER YOU ARE BROWSING OR USING THE SITE OR PURCHASING
SERVICES, IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR
SERVICES.
You must read, agree with and accept all of the terms and
conditions contained in this User Agreement, along with the following policies
and the applicable service agreements, which are hereby incorporated by reference:
Agreements
Domain Transfer Service Agreement
Domain Parking Terms and Condition
Domain Appraisal Terms and Conditions
Featured Listing & Category Showcase Terms and Conditions
Domain Brokerage Service Terms and Condition
Policies
This Agreement is effective upon the earlier of: (i) your
first use of the Site or Services for any reason; (ii) acceptance of this
Agreement by new registering users; or (iii) the Effective Date noted on the
posted version of the Agreement. WTI may elect to discontinue offering the Site
or the Services, or any portion thereof, at any time for any reason, with or
without advance notice. Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits.
2. Eligible Users
Use of the Site and Services is
restricted to persons who: (a) are at least 18 years old, and (b) reside, or have
a business address within the United States or Canada. If you are registering
as a business entity, you represent that you have the authority to bind the
entity to this Agreement. If you are not yet 18, do not have the capacity to
enter into contracts, are easily offended, or are accessing this Site from any
country where material on this Site is prohibited or illegal, you do not have
permission to access the Site or the Services. If a parent or guardian wishes
to permit a person under 18, and under his or her supervision, to use this
Site, the parent or guardian should email WTI at
info@wti-domains.com to make
arrangements, although no such access can be guaranteed.
Users outside the United States and Canada are required to
use WTI's affiliated web site located at www.wti-domains.com. Accessing WTI's
Services, products, or contents available on our Site, except as expressly
allowed through instructions and truthful statements by the User, in regard to
use of this Site from places where their contents are illegal, is prohibited.
Those who choose to access our Site from other locations does so knowingly on
their own initiative and voluntarily at their own risk and is responsible for
compliance with local laws.
3. Modification of This Agreement
WTI may, in its sole discretion, change or modify this
Agreement at any time after a reasonable notification period, usually no less
than two weeks, and, unless WTI receives your written objection to the modified
terms of the Agreement within the notification period, such changes shall be
effective upon posting to the Site. You acknowledge and agree that (i) WTI may
notify you of such changes or modifications by posting them to the Site and
(ii) your use of the Site or the Services found at the Site after the Effective
Date date at the top of this page, shall constitute your acceptance of this
Agreement as last revised. If you do not agree to be bound by this Agreement as
last revised, do not use (or continue to use) the Site or the Services found at
the Site.
In the event that you refuse to accept such changes, WTI
will have the right to terminate the Agreement. The posting date and effective
date for this Agreement are noted at the top of this document. Except as provided
in this Section 3, this Agreement may not be amended or modified except in
writing signed by you and WTI. WTI may occasionally notify you of changes or
modifications to this Agreement by email. It is therefore very important that
you keep your User account (“Account”) information current. WTI assumes no
liability or responsibility for your failure to receive an email notification
if such failure results from an inaccurate email address.
4. Acceptable Use
4.1. User Accounts
At all times your use of the Site and Services must be in
compliance with this Agreement and the acceptable use policies posted on the
WTI website under Policies. If you violate the Acceptable Use terms described
herein, WTI may, in its sole discretion, with or without notice, terminate your
access to the Site and Services.
You are allowed to create one (1) user account with WTI.
Your right to use the Site and Services is personal to you. Post office boxes
or addresses of office service providers may not be used as an address for a User
Account. It is likewise not permitted to provide value-added service numbers as
telephone numbers for a User Account. Furthermore, WTI reserves the right to
forbid the use of freely available email addresses as the email address for a
User Account.
As a condition of your use of the Site and Services, you
warrant to WTI that you will not use the Site for any purpose that is unlawful
or prohibited by this Agreement. Prohibited uses include, but are not limited
to: competitive analysis (including copying and/or providing screen shots,
which are copyrighted material owned by WTI); data mining or scraping through
the use of robots, spiders, or otherwise; and/or any use with the potential to
infringe the rights of any third party.
In addition, you hereby represent and warrant that: (a) you
are an eligible user (see Section 2, Eligible Users); (b) you have provided
accurate and complete information in connection with your registration and use
of the Site and Services (all such information collectively referred to as
"Your Information"), and (c) you will update your Account to ensure
that Your Information remains accurate and complete.
4.2. Use of the Site and Services
You acknowledge and agree that you may not use the Site or
the Services to:
(a) defame, abuse, harass, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others;
(b) conduct or forward illegal contests, pyramid schemes, or
chain letters;
(c) publish, post, distribute, disseminate or link to any:
(i) inappropriate, profane, defamatory, infringing, obscene,
adult content, nude, indecent or unlawful topic, name, material or information;
(ii) software or other material protected by intellectual
property laws, copyright licenses, rights of privacy or publicity, or other
proprietary rights, unless you own, control such rights or have received all
necessary consents for your use of such software and other materials;
(iii) software or other material that contains viruses,
corrupted files, or that may or are intended to damage the operation of
another's computer (e.g., "cracks," "hacks," or other
programs written to defeat the security measures of any computer, system or
program(s));
(d) sell, distribute, disseminate or link to any sites for
marketing, sales or distribution of: firearms, explosives, ammunition, liquor,
tobacco products, food that is not packaged or does not comply with all
applicable laws for sale to consumers by commercial merchants, pharmaceuticals
and controlled substances, counterfeit, pirated or stolen goods, fraudulent
goods, any goods or services that infringe or otherwise violate a third party's
rights, registered or unregistered securities, goods or services that:
(i) you cannot legally sell,
(ii) are misrepresented, and/or
(iii) if sold, would cause WTI to violate any law, statute
or regulation;
(e) harvest or otherwise collect information about third
parties, including email addresses, without the express consent of such third
parties;
(f) restrict or inhibit any other user from the use and
enjoyment in the Services or the Site, interfering with or disrupting the
Services or the Site service or servers or network connected to the Site;
(g) use a domain in connection with your use of the Site
that is confusing or misleading to other Users or to the public;
(h) email or otherwise transmit, distribute, publish or
disseminate any junk email, spam, chain letters, pyramid schemes, or any other
form of duplicative or inappropriate solicitations or messages (commercial or
otherwise);
(i) violate the rights of any third parties, including, but
not limited to, trademark, copyright, naming or publicity rights, or
(j) violate any applicable government laws or regulations.
WTI does not condone or allow spam. WTI will cooperate with
legal authorities and Internet service providers in releasing information about
users who violate the terms of this Agreement or posted policies.
You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products, services or benefits obtained from
the Site, except as expressly provided herein. At all times, you remain solely
responsible for Your Information.
4.3. Privacy and Confidentiality
Protecting your privacy and the personal information you
provide us is a top priority at WTI. For this reason, WTI does not sell or rent
your personal information to third parties for their marketing purposes without
your explicit consent. At WTI, we want our users to fully understand what
information we collect, how we use this information, and the steps we take to
protect your personal information. Please read the Privacy Policy, which is
hereby incorporated by reference, to learn more about the policies and
procedures WTI has put in place to achieve this goal.
You agree not to share any information provided to you by or
on behalf of WTI with any third party except as expressly permitted herein. If
you sell or otherwise distribute goods or services that compete with or may
otherwise serve as a substitute for products or services sold or otherwise
distributed by WTI via the Site or offered by the Site, you may not: (a) use or
acquire, or have any other person use or acquire on your behalf, the products
or services of the Services or the Site for which you offer competing or
substitute products or services; or (b) advertise, promote, market or solicit
offers to acquire such competing or substitute products in connection with your
use of the Services or the Site.
WTI is not obligated to monitor user-generated content on
the Site. However, with respect to the use of the Services or the Site, WTI
reserves the right to disclose any information, communication, or materials as
necessary to satisfy any applicable law, regulation, legal process or
government request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, from the Site, in WTI's sole discretion,
without notice at any time.
4.4. User Account Certification/Limited Use of Site and/or
Services
In order to preserve a safe and secure Site and Services for
our users, WTI may elect to require you to perform a user account certification
process that may include, but is not limited to, confirming your billing
information, verifying the accuracy of your account details, requesting a copy
of government-issued identification, requiring a security deposit for high
value transactions, and other account certification methods as WTI may develop
in its sole discretion at any time. Failure to perform the requested user
account certification methods will result in limited access to the Site and
Services.
4.5. Violations of Acceptable Use
Upon suspicion of violation of the acceptable use terms of
the Site or Services, WTI may elect to suspend or terminate your WTI user
account and/or access and use of the Site or Services, or any portion thereof,
at any time with or without advance notice.
You are responsible for safeguarding the confidentiality of
your password(s) and login name(s) issued to you by WTI, and for any use or
misuse of your account or the Services or the Site resulting from any third
party accessing your WTI user account or otherwise using a password or login
name issued to you. You agree that you will notify WTI immediately of any known
or suspected unauthorized use, breach of security, or violation of this
Agreement, on or relating to the Site.
5. WTI Fees
Except as otherwise noted, creating a user account with WTI
is free. We do, however, charge fees for our online and offline services and
you are given an opportunity to review and accept the fees that will be charged
in connection with certain Services. You are responsible for all applicable
taxes, costs, hardware, software, services and all other costs and expenses
related to your ability to access or use the Site and Services or your activity
conducted through the Site. WTI reserves the right to deduct any amounts owed
by User to WTI from amounts owed by WTI to User. WTI may, in its sole
discretion, add, delete or change any of the Services provided, fees charged by
WTI or payment terms. WTI's standard fees and any changes will be posted to our
Price List, and the applicable Services and fees will be binding on the
effective date noted on the Price List. No advance notice is required for any
prospectively effective change in Services offered or fees charged therefore.
Unless otherwise stated, all fees and currency amounts are quoted in U.S.
Dollars.
6. Liability Disclaimers and Indemnification
WTI is in no way responsible for the content of any web site
owned or operated by a third party that may be linked to or from the Site or
Services via hyperlink, whether such hyperlink is provided by WTI or by a third
party. No judgment or warranty is made with respect to the accuracy, timeliness
or suitability of the content of any web site to which the Site may link,
including information on the web site regarding the WTI Site or Services. By
providing access to other web sites, neither WTI nor its affiliates are
recommending the purchase or sale of the stock issued by any company, nor are
they endorsing products or services offered by any web site's sponsoring
organization.
YOU AGREE THAT USE OF WTI'S SERVICES AND THE SITE IS AT YOUR
SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN
"AS AVAILABLE" BASIS. WTI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WTI
MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS
ON THE WTI DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE
LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORISED TO ASSIGN/LICENSE SUCH
DOMAINS. WTI MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE
SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY.
WTI MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT
THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES WTI MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM
THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA
DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY WTI IS
AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER
RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM WTI OR
THROUGH THE SERVICES PROVIDED BY WTI SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED THEREIN.
You agree that, regardless of any statute or law to the
contrary, except as prohibited by law, any claim or cause of action arising out
of or related to this Agreement, the Site, or WTI's products or Services, must
be commenced within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred.
IN NO EVENT SHALL WTI, ITS AFFILIATES, SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
NEGLIGENCE). WTI'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT
OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD WTI AND (AS
APPLICABLE) WTI'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS'
FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR
THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY
REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
7. Intellectual Property
All content, database information, data and services
available on, and collected as a whole through this Site, are property of WTI,
its affiliates, advertisers and licensors, and are protected by copyrights,
trademarks, service marks, patents, trade secrets, and other proprietary rights
and laws in the United States and internationally. All rights not expressly
granted herein are fully reserved by WTI, its affiliates, advertisers, and
licensors. WTI's licensors' or other third-party materials, services or
products referenced on this Site are common law or registered trademarks or
service marks of such parties.
Solely to enable WTI to use your information, so that we are
not violating any rights you might have in such information, you agree to grant
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable
right to exercise the copyright, publicity, and database rights (but no other
rights) you have in your information, in any media now known or not currently
known, with respect to Your Information. WTI will only use Your Information in
accordance with our Privacy Policy.
If you believe that your work has been copied and is
accessible on the Site in a way that constitutes copyright infringement, notify
WTI's designated agent in writing and provide the following information: your
name; your email address; your mailing address; your phone number; the URL,
path or other specific location where the allegedly infringing material is
located; description of the allegedly infringed work, including (if available)
the URL, path or other specific location where the copyrighted work may be
found for comparison; and your relationship to the owner of the allegedly
infringed work. Pursuant to European or US law, notifications of claimed
copyright infringement should be sent to WTI's Designated Agent. See Section 10
(How to Contact WTI).
All contents of the Site are: Copyright 2015 WTI LLC and/or
its suppliers. All rights reserved.
"WTI" is a registered trademark of WTI LLC. The
names of other companies and products mentioned herein may be the trademarks of
their respective owners. WTI reserves any rights not expressly granted herein.
8. Term and Termination
Until and unless terminated by you or WTI, your status as an
eligible or registered User will continue indefinitely, including any Domains
listed for sale on the Domain Marketplace associated with your User Account,
and fees for Services will be charged as described herein (see Section 5,
Fees). WTI may terminate this Agreement and your access to the Site and related
Services at any time, with or without cause, and with or without notice. Upon
termination of your right to use the Site, you will no longer have access to
any data or information you had previously created, maintained, managed, or
stored in the Site or WTI's systems. WTI is under no obligation to maintain any
such data or information.
9. General
WTI manages the Site from its offices in Cambridge,
Massachusetts. This Agreement is governed by the laws of the Commonwealth of
Massachusetts, without regard to its choice of law rules. You hereby consent to
the jurisdiction of, and venue in, courts located in Middlesex or Suffolk
County, Massachusetts, USA, in all disputes arising out of or relating to the
Site, or Services, including any action commenced by you against WTI or its
affiliates. Use of the Site or Services is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including, without limitation, this Section Nine. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
WTI as a result of this Agreement or use of the Site or Services. WTI's
performance of this Agreement is subject to existing laws and legal processes,
and nothing contained in this Agreement is in derogation of WTI's right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by WTI
with respect to such use.
If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law, including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the Agreement shall continue in effect. Unless
otherwise specified herein, this Agreement constitutes the entire agreement
between the user and WTI with respect to the Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or
written, between the user and WTI with respect to the Site or Services. A
printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form, and any such printed, true, and accurate copy shall
be deemed an original document for evidentiary purposes. Any failure of WTI to
exercise or enforce any right or provision of this Agreement will not
constitute a waiver of such right or provision. You may not rent, lease,
license, grant a security interest in, or otherwise transfer, assign, or
sublicense your rights hereunder to any third party. At any time, WTI may, in
its sole discretion and without providing notice or obtaining your consent,
assign this entire Agreement or delegate some or all of its responsibilities
hereunder.
10. How to Contact WTI
General Inquiries:
WTI LLC
2232 Dell Range Blvd Ste 245
Cheyenne, WY 82009
USA, State Wyoming
Customer Service and Support
(availability depending upon service selected):
www.wti-domains.com
E-mail: info@wti-domains.com
Skype: WTI-agency
Infringement Claims (Designated Agent):
To request removal of a Domain either listed for sale or
parked with WTI, please review our Rights Protection Program (RPP) for
information on filing a legal complaint.
Mail: WTI LLC
2232 Dell Range Blvd Ste 245 Cheyenne
United States of America
Email: info@wti-domains.com