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Please read this document carefully. It contains important information about your relationship to KineticDomains Ltd., Inc., including your legal rights and remedies.
This Agreement ("Agreement") is by and between KineticDomains Ltd., Inc. and / or any Licensor or successor of KineticDomains Ltd., Inc. that may at a future date enter into a business relationship with KineticDomains Ltd., Inc. ("Licensor"), who are known collectively as "KineticDomains in this document, and you, your heirs, agents, successors, and assigns, or anyone or any entity who accepts this Agreement on your behalf, who are referred to in the remainder of this document collectively as "You" or "Your". This Agreement is made effective as of the date of electronic execution. This Agreement shall both bind and also benefit the Parties and the respective heirs, successors, and assigns. In addition to the above instructions, it should be noted that within this Agreement, the terms "We", "Us", and "Our" refer to KineticDomains Ltd., Inc. This Agreement sets forth the general terms and conditions of Your use of KineticDomains Ltd., Inc. services ("Services") and explains KineticDomains Ltd., Inc.'s obligations to You and Your obligations to KineticDomains Ltd., Inc. in relation to the Services You purchase.
In the remainder of this Agreement, these Services are known collectively as "Services". This Agreement is in addition to, and not in lieu of, any other Agreements that may apply to particular Services. Your electronic acceptance of this Agreement, by any sequence of actions by you, including, but not limited to, any form of electronic acceptance, signifies that you have read it, understand it, acknowledge it, and agree to be bound by it.
This Agreement, as well as any additional KineticDomains Ltd., Inc. policies and Agreements, including but not limited to those shown below this paragraph, together with any and all modifications to them, constitute the complete and exclusive agreement between You and KineticDomains Ltd., Inc., pertaining to Your use of KineticDomains Ltd., Inc.'s Services. It also supersedes and governs all prior proposals, agreements, and other communications.
All KineticDomains Ltd., Inc. policies and agreements specific to particular Services are incorporated into this Agreement and are made part of it by reference. By purchasing KineticDomains Ltd., Inc.'s Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement. You also agree to any other policies or agreements that are made part of this Agreement via reference, as well as any new, different, or additional items that may be added. This also includes any conditions or policies which KineticDomains Ltd., Inc. may establish from time to time, as well as any agreements that KineticDomains Ltd., Inc. is currently bound by or will be bound by in the future.
You may view the latest versions of these Agreements on the KineticDomains Ltd., Inc. website. If you do not agree to be bound by these Agreements in their most recent revised form, it is important that you do not use, or continue to use, either the KineticDomains Ltd., Inc. website or KineticDomains Ltd., Inc.'s Services. As discussed above, you also agree to abide by the following policies and Agreements, which are incorporated by reference into this Agreement, and which are subject to revision, as well:
- KineticDomains Ltd., Inc.'s Privacy Policy
- KineticDomains Ltd., Inc.'s Anti-Spam Policy
- KineticDomains Ltd., Inc.'s Refund Policy
- KineticDomains Ltd., Inc.'s Trademark and Service Mark Policy
- ICANN's Registrar Transfer Dispute Resolution Policy
KineticDomains Ltd., Inc. may communicate some important changes via email. You agree that it is your responsibility to maintain an email address accessible by KineticDomains Ltd., Inc., and to monitor it regularly for changes to this or related KineticDomains Ltd., Inc. policies and / or Agreements. You further agree that KineticDomains Ltd., Inc. cannot be held liable for your failure to receive email notifications for any reason. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent. All transactions entered into by anyone who has access to, and/or uses your account with KineticDomains Ltd., Inc., whether or not the transactions were made on Your behalf are binding. You acknowledge that KineticDomains Ltd., Inc.'s acceptance of any application made by You for Services provided by KineticDomains Ltd., Inc. will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Falcon, Colorado, USA. The General Terms in Section A apply to all customers of KineticDomains Ltd., Inc. The Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services.
You agree that KineticDomains Ltd., Inc. may modify this Agreement and its Services from time to time. You agree to be bound by any changes KineticDomains Ltd., Inc. may make to this Agreement whenever such changes are made. You agree to review the current state of this Agreement, as posted on the KineticDomains Ltd., Inc. website, from time to time. This should be done in 30 day intervals to check if changes have been applied and, if so, how they affect You. If You have purchased Services from KineticDomains Ltd., Inc., the terms of this Agreement shall continue and be fully enforceable as long as You use the Services you have purchased. You agree that KineticDomains Ltd., Inc. shall not be bound by any representations made by third parties that You might use to purchase Services from KineticDomains Ltd., Inc. You agree that any statement of a general nature, which may be posted on the KineticDomains Ltd., Inc. website or contained in any of the KineticDomains Ltd., Inc.'s promotional materials, which may be found to be in conflict with the terms or provisions of this Agreement, in whatever form it exists at the time, will be superseded by the terms of such agreement, and in such cases, will not bind KineticDomains Ltd., Inc.
KineticDomains Ltd., Inc. may, at times, offer certain promotions that will come with different charges and features; however, none of these promotions will modify this Agreement. You agree that You will be responsible for notifying KineticDomains Ltd., Inc. should You wish to terminate Your use of KineticDomains Ltd., Inc.'s Services. Notification of Your intent to terminate must be received by KineticDomains Ltd., Inc. no latest than three days prior to Your billing date. Notification requests cannot be received earlier than 10 days prior to Your billing date either. You agree not to rely on any assumptions of any future availability of any Offering You have not yet actually purchased from KineticDomains Ltd., Inc. for any purpose whatsoever, and this includes business or personal use.
You agree to maintain accurate information by providing updates to KineticDomains Ltd., Inc., as and when needed, for the duration in which You are using KineticDomains Ltd., Inc.'s Services. You agree that You will notify KineticDomains Ltd., Inc. within five (5) business days of any change of personal or business information that You may have provided as part of your application and/or registration process. Failure by You, for any reason whatsoever, to respond within five (5) business days to any inquiries made by KineticDomains Ltd., Inc. to determine the validity of any information provided by You will constitute a material breach of this Agreement.
You agree that KineticDomains Ltd., Inc. may use and rely on any such information provided by You for all purposes in connection with Your Services, and subject to KineticDomains Ltd., Inc.'s Privacy Policy, which is published and available to read on the KineticDomains Ltd., Inc. website. If You provide any information that is inaccurate, not current, false, misleading, or incomplete, or if KineticDomains Ltd., Inc. has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, or incomplete, KineticDomains Ltd., Inc. has the absolute right, at its sole discretion, to terminate, suspend, or lock its Services and close Your account. You further agree to notify KineticDomains Ltd., Inc. immediately of any breach of security or unauthorized access or use of your KineticDomains Ltd., Inc. Services. You also agree to notify them of any information supporting such use immediately. KineticDomains Ltd., Inc. will not be held responsible for any losses You may incur, for whatever reason, as a result of any such breach, unauthorized use, or information. You may be liable for any loss KineticDomains Ltd., Inc. or others incur because of a breach to Your Services, whether such loss be caused by You, someone acting with Your permission, or by an unauthorized person or persons.
You can view KineticDomains Ltd., Inc.'s Privacy Policy online on their website. This Privacy Policy is incorporated into this Agreement by reference, as it is applicable to all KineticDomains Ltd., Inc. Services. The Privacy Policy provides Your rights and KineticDomains Ltd., Inc.'s responsibilities in regards to Your personal information. KineticDomains Ltd., Inc. will not use Your information in any way that is inconsistent with the purposes and limitations provided in the Privacy Policy. For some KineticDomains Ltd., Inc. operations, including, but not limited to, accessing the KineticDomains Ltd., Inc. websites and Services, Your communications may result in the transfer of information. This includes Your account information, and transfers across international borders. By using KineticDomains Ltd., Inc.'s Services you agree to such transfers.
You agree that You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). You agree to check Your account or accounts with KineticDomains Ltd., Inc. from time to time, to insure that no unauthorized usage is being carried out, or has happened, and if You discover that it has, you will notify KineticDomains Ltd., Inc. as soon as possible. You agree that You are entirely responsible for any and all activities that occur under Your account. You agree to notify KineticDomains Ltd., Inc. immediately of any unauthorized use of Your account or any other breach of security. You agree that KineticDomains Ltd., Inc. will not be held liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree that You could be held liable for losses incurred by KineticDomains Ltd., Inc. or any other party due to someone else's use of Your Account Access Information. For security purposes, it is advised that You keep Account Access Information in a secure location and take all necessary precautions to prevent others from gaining access to Your Account Access Information. You agree that KineticDomains Ltd., Inc. is under no obligation and has no responsibility whatsoever to preserve any data, passwords, account information, or other assets for you, and that you are held solely responsible for providing adequate backup, recovery, and archival activities with regard to any information or data originated by You or over which You have discretionary oversight. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. KineticDomains Ltd., Inc. cannot be held responsible nor can they be held liable for any activity in Your account, whether authorized by You or not.
As a condition of Your use of KineticDomains Ltd., Inc.'s Services, You agree not to use them for any unlawful purposes or for anything that is prohibited by the terms and conditions set forth herein. You agree to comply with any and all applicable local, state, federal and international laws, government rules, or requirements. You agree to our refund policy and understand that you will not be entitled to a refund of any fees paid to KineticDomains Ltd., Inc. if, for any reason, KineticDomains Ltd., Inc. takes corrective action with respect to Your suspected or proven improper or illegal use of its Services. KineticDomains Ltd., Inc. reserves the right at all times to disclose any information as KineticDomains Ltd., Inc. deems necessary to satisfy any applicable law, regulation, legal process, or governmental request. KineticDomains Ltd., Inc. also reserves the right to edit, refuse to post, or remove any information or materials, in whole or in part, at KineticDomains Ltd., Inc.'s sole discretion. If You have purchased Services, KineticDomains Ltd., Inc. is under no obligation to monitor Your use of the Services. KineticDomains Ltd., Inc. does however reserves the right to review Your use of the Services and to cancel the Services at its sole discretion. KineticDomains Ltd., Inc. reserves the right to terminate, suspend, or lock Your access to the Services at any time, without notice, for any reason whatsoever. KineticDomains Ltd., Inc. reserves the right to terminate, suspend, or lock Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against KineticDomains Ltd., Inc. or any of its affiliates, partners, customers, or employees, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit or justification. KineticDomains Ltd., Inc. has the right to review every account for excessive space and bandwidth usage and may terminate, suspend, lock or apply additional fees to those accounts that exceed allowed limits. Except as set out below, KineticDomains Ltd., Inc. also has the right to cancel Your use of the Services after a period of thirty (30) days at their sole discretion should they discover that You are using the Services in association with spam or for other morally objectionable activities. Morally objectionable activities as determined by KineticDomains Ltd., Inc. include but are not limited to:
Activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
Activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, including but not limited to the following:
- The International Traffic in Arms Regulations (ITARs),
- Laws and Administrative Acts regarding the export or re-export of data or software promulgated by the United States Department of Commerce, the United States State Department, the United States Department of Commerce, the United States Department of the Treasury, including the Office of Foreign Assets Control (OFAC);
- Laws prohibiting the download or export of software or data to nationals or residents of any country with which the United States has trade embargoes or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Department of Commerce's Denied Persons List, or to any other denied parties lists under U.S. Export Laws, including anti-Boycott laws;
- Laws or activities regulating money laundering, drug trafficking, contraband, or trafficking in stolen property;
Activities designed to encourage unlawful behavior by others, such as hate speech or hate crimes, terrorism, acts of war, rebellion, or insurrection, violence against people, animals, or property, intolerance against protected classes, or child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
Activities designed to impersonate the identity of a third party, to illegally access other computers or networks (i.e., cracking or hacking), or to distribute Internet viruses, bugs, phishing operations, Trojan horses, rootkits, worms, robots, zombies, botnets, screenscrapes, or similar destructive activities intended to damage, destroy, disrupt, or limit the functionality of any software, hardware, or connected devices;
Activities that interfere with, alter, or modify in any way the operation of KineticDomains Ltd., Inc.'s business. This includes but is not limited to, its website, computers, networks, or other business assets. This includes false, defamatory, or unsubstantiated language, or comparative claims regarding KineticDomains Ltd., Inc. or its Services.
Activities which access KineticDomains Ltd., Inc.'s assets by any means other than those provided by KineticDomains Ltd., Inc.
Activities that are intended to, or, have the effect of violating the Ryan Haight Pharmacy Consumer Protection Act of 2008 or other similar laws, or activities that promotes, encourages, or engages in the sale or distribution of medications that require a prescription, without a valid prescription.
Activities that infringe or violate intellectual property rights of third parties;
Activities that infringe or violate the privacy or publicity rights of third parties or violates such prior agreements for non-disclosure as You may have with third parties;
Activities that intend to, or have the effect of collecting or harvesting content on any KineticDomains Ltd., Inc. asset posted by any third party or by KineticDomains Ltd., Inc. itself, or any non-public or personally identifiable information about another User or any other person or entity, or other legally protected information or data, without the express prior written consent of the legal owner.
Activities designed to harm or use unethically minors in any way.
KineticDomains Ltd., Inc. does not and cannot state with absolutely certainty that the use of its website or Services is or are legal and/or appropriate or advisable for every country, local jurisdiction, or other area. Access to the KineticDomains Ltd., Inc. website and the purchase or use of its Services in jurisdictions where prevailing law makes such actions illegal is expressly prohibited.
Notwithstanding anything to the contrary herein, in the event KineticDomains Ltd., Inc. cancels Your Services during the first thirty (30) days after Your purchase, You will receive a full refund of any fees paid to KineticDomains Ltd., Inc. in connection with the Services that are being canceled. In the event KineticDomains Ltd., Inc. deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. By purchasing our Services You agree You will not be entitled to a refund of any fees paid to KineticDomains Ltd., Inc. if, for any reason, KineticDomains Ltd., Inc. takes corrective action with respect to Your improper or illegal use of its Services.
You agree that KineticDomains Ltd., Inc. may immediately terminate, suspend, or lock any account where it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, then You agree to pay KineticDomains Ltd., Inc. liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account; otherwise, You agree to pay KineticDomains Ltd., Inc.'s actual damages. You acknowledge that you have read, understand, and agree to the terms of KineticDomains Ltd., Inc.'s Anti-Spam Policy referenced earlier in this Agreement, and incorporated by reference into this Agreement.
You agree that KineticDomains Ltd., Inc. or its Licensor holds all rights, title, and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You, and You agree to make no claim of interest in any such Services or other intellectual property. You understand and agree that all content and materials contained in this Agreement, other policies, the KineticDomains Ltd., Inc. website, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark, and trade secret laws of the United States and other nations as established by treaty, as well as any other applicable proprietary rights and laws, and that KineticDomains Ltd., Inc. or its Licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of KineticDomains Ltd., Inc. or its Licensor. No license or right under any copyright, patent, trademark, service mark, trade secret, or other proprietary right or license is granted to You or given to You by this Agreement or otherwise.
KineticDomains Ltd., Inc.'s website may, from time to time, contain links to third party websites. KineticDomains Ltd., Inc. may or may not have control over any aspect of those websites. You agree that KineticDomains Ltd., Inc. shall not be held liable for any harm, loss, or damages incurred by any party as a result of Your visiting such websites, irrespective of the manner by which You came to do so. You agree that, if You have any reservations about visiting such third party sites, You will not access them. You agree that Your access to any of KineticDomains Ltd., Inc.'s assets constitutes express release of liability by You of KineticDomains Ltd., Inc. for any loss you or any third party may incur as a result of your access of third party sites. You are cautioned and advised to carefully review all materials at your disposal prior to accessing such sites, since You do so entirely at Your own risk.
a. General
When you purchase any of the Services from KineticDomains Ltd., Inc., you agree to pay KineticDomains Ltd., Inc. immediately when you place your order. All fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, locked, or transferred prior to the end of the Services term. KineticDomains Ltd., Inc. expressly reserves the right to modify pricing and this can be done via email notification and/or via notice on their website. You can make payment by providing either a valid credit or debit card, through the use of PayPal, issuing an online check, or a personal check. KineticDomains Ltd., Inc. transactions are governed by the KineticDomains Ltd., Inc. Refund Policy, which is published on the KineticDomains Ltd., Inc. website. If You signed up for a monthly payment plan, Your monthly billing date will be determined based solely on the day of the month in which You purchase the Services, unless that date falls after the 28th of the month, in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, KineticDomains Ltd., Inc. will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with KineticDomains Ltd., Inc., at KineticDomains Ltd., Inc.'s then-current rates. If for any reason KineticDomains Ltd., Inc. is unable to charge Your Payment Method for the full amount owed KineticDomains Ltd., Inc. for the Services provided, or if KineticDomains Ltd., Inc. is charged a penalty for any fee it previously charged to Your Payment Method, You agree that KineticDomains Ltd., Inc. may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason KineticDomains Ltd., Inc. is unable to charge Your credit card with the full amount of the Services provided, or if KineticDomains Ltd., Inc. is charged back for any fee it previously charged to the credit card You provided, You agree that KineticDomains Ltd., Inc. may pursue all available remedies in order to obtain payment. You agree that, among the remedies KineticDomains Ltd., Inc. may pursue in order to effect payment, can include but will not be limited to immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. KineticDomains Ltd., Inc. reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services, and pass fees along to You. These fees include, but are not limited to, customer service issues that cannot be handled via email and require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager. For KineticDomains Ltd., Inc. orders where payment has not been received or KineticDomains Ltd., Inc. has received a chargeback for any portion of the transaction, You agree that in addition to any administrative fees KineticDomains Ltd., Inc. may charge for the handling of the chargeback, KineticDomains Ltd., Inc. may also pursue all available lawful remedies to collect payment plus applicable fees, or obtain property for which it was not legally paid. You agree that You are solely responsible for ensuring that Your Services are renewed, and that KineticDomains Ltd., Inc. shall not be liable to You or to any third party if it is unable to charge Your Payment Method in order to renew Your Services. Further, KineticDomains Ltd., Inc. shall not be held responsible for giving notice of the expiration of any Services, or for the expiration of any registrations or for the timing of any important dates, and shall in no way be held liable for any such expirations or their consequences. While all transactions are processed in US dollars, KineticDomains Ltd., Inc. may provide an estimated conversion price from currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is only an estimate. Due to potential slight time delays between the actual purchase and the payment settlement, the actual price charged may fluctuate. KineticDomains Ltd., Inc. makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price You will pay, and You waive any and all claims based upon any discrepancy between the estimated price, the actual price paid, and the amount, if any, paid as a result of any subsequent refund. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process. We accept customers from all countries.
b. Payment By Check
By using KineticDomains Ltd., Inc.'s Pay By Check option ("Pay By Check"), You can purchase KineticDomains Ltd., Inc. Services using a personal check. In response to Your purchase of the Services provided to You by KineticDomains Ltd., Inc., You agree to allow Certegy Check Services, Inc. ("Certegy") to debit the full amount of this transaction from Your checking account, which is non-refundable. Certegy will create an electronic funds transfer (EFT) or bank draft which will be presented to Your bank or financial institution for payment from Your checking account. The checking account must be at a financial institution in the United States, and the check must be payable in U.S. dollars. It is Your responsibility to keep Your checking account current, and to have the available funds in it. You agree that Certegy and KineticDomains Ltd., Inc. will not be held responsible for payments that fail to go through as a result of Your checking account being inaccessible, no longer in existence, or holding insufficient funds. If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, You agree that Certegy and KineticDomains Ltd., Inc. may pursue all available remedies in order to obtain payment. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law. This will be debited from Your account using an EFT or bank draft. The check may not be for less than the full amount required at the time the check is written. Personal checks under $1,000 are subject to the same processing fees as wire transfers. Your usage of the Services will be delayed until Your check clears the bank. In rare cases, this may take up to fourteen (14) days. By clicking the box labeled "I agree", referring to the Pay by Check terms, You agree to the terms of this Section of this Agreement, and You further authorize that the information You provided be used for the creation of an electronic funds transfer (EFT) or bank draft, and You authorize a debit of THE FULL AMOUNT of Your order from Your checking account.
c. Pay by PayPal
By using KineticDomains Ltd., Inc.'s pay by PayPal, Inc. ("PayPal") option ("Pay by PayPal"), You can purchase KineticDomains Ltd., Inc. Services using PayPal. In response to Your purchase for the Services provided to You by KineticDomains Ltd., Inc., You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal. This is non-refundable. It is Your responsibility to ensure that Your PayPal Account is kept current and to have available funds in it or to have funding sources with available funds enabled. You agree that PayPal and KineticDomains Ltd., Inc. will not be held responsible for any payments that fail to go through as a result of Your Funding Source's being inaccessible, no longer in existence, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and KineticDomains Ltd., Inc. may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source. By clicking the box labeled "I agree", referring to the Pay by PayPal terms, You agree to the terms of this Section of this Agreement, and You further authorize that the information You provided be used for the creation of PayPal funds transfer, and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.
d. Pay by Credit Card
By using KineticDomains Ltd., Inc.'s pay by Credit Card ("Credit Card") option ("Pay by Credit Card"), You can purchase KineticDomains Ltd., Inc. Services using a credit card. In purchasing the Services provided to You by KineticDomains Ltd., Inc., You agree to allow the financial institution issuing your credit card to debit the full amount of this transaction and add it to Your credit card account balance. This is non-refundable. It is Your responsibility to keep Your credit card Account current and to have available credit in it. You agree that your financial institution and KineticDomains Ltd., Inc. will not be held responsible for payments that fail to go through as a result of Your credit card account being inaccessible, no longer in existence, or having insufficient credit reserves. If for any reason your financial institution is unable to debit the full amount owed for the Services provided, You agree that your financial institution and KineticDomains Ltd., Inc. may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited to Your account by your financial institution. By clicking the box labeled "I agree", referring to the Pay by Credit Card terms, You agree to the terms of this Section of this Agreement, and You further authorize that the information You provided be used for the creation of the credit card funds transfer, and You authorize a debit of THE FULL AMOUNT of Your order to Your credit card account.
All registrar data, including registrant WHOIS data, is provided for public, non-commercial use only. Any information made available by KineticDomains Ltd., Inc. and its affiliate registrars shall not be collected, distributed or used for any commercial activity. Third parties also agree not to use the data to allow, enable, or otherwise support any marketing activities, regardless of the medium used. Such media includes, but is not limited to, e-mail, telephone, facsimile, postal mail, SMS, and wireless alerts.
You, or the individuals who electronically execute this Agreement on behalf of You, represent and declare that they have the right, power, legal capacity, and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and declare that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You declare that each action You make is being done in good faith and that You have no knowledge of such action's infringing upon or conflicting with the legal rights of any third party or any third party's trademark, service mark, or trade name. You declare that You are not a national or resident of, located in, or under the control of, any restricted country; that You are not on any denied parties list; and that You agree to comply with all United States Export Laws, including but not limited to "anti-boycott", "deemed export" and "deemed re-export" regulations. If You access this website or the Services found at this website from countries or jurisdictions outside the United States, You are responsible for the compliance with local laws of that jurisdiction, to the extent those local laws do not conflict with United States Export Laws. If such laws do conflict with United States Export Laws, then You agree not to access KineticDomains Ltd., Inc.'s website or purchase any of its Services. The obligations under this section shall survive expiration or termination of this agreement or cessation of Your use of the KineticDomains Ltd., Inc. website or KineticDomains Ltd., Inc.'s Services, and extend into the maximum time limit permitted under governing law. KineticDomains Ltd., Inc. expressly reserves the right to deny, cancel, or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, or requests of law enforcement, to comply with any dispute resolution process, to correct mistakes caused by human or system errors, or to avoid any liability, civil or criminal, on the part of KineticDomains Ltd., Inc., as well as its affiliates, subsidiaries, officers, directors and employees. KineticDomains Ltd., Inc. also reserves the right to freeze a domain name during the resolution of a dispute. On rare occasions, Our system may misidentify domains as being in inventory when they are not. Also, We may offer for sale domains which we are in an auction to acquire, in the expectation that we will successfully acquire them. In the rare case that You buy a domain that is later determined not to be in Our inventory, We reserve the right to either refund Your money or to acquire the domain on Your behalf, at Our sole discretion. In cases where we are unable to supply a domain you have intended to purchase, You agree that Your sole and complete remedy shall be a refund of fees paid. You agree that You shall not rely on the potential availability of any Offering, including, but not limited to, the purchase of a domain name, for any purpose, unless and until such name is actually registered to You. KineticDomains Ltd., Inc. makes every attempt to carry out its work flawlessly, including both human and machine processes. Such attempts notwithstanding, it cannot be ruled out that errors may occur on occasion, despite all efforts to avoid them. In the case of errors by Us, You agree that Your sole remedy shall be a full refund of fees actually paid by you to KineticDomains Ltd., Inc. for the specific transaction during which the error occurred. You agree to forever forebear from any and all attempts to recover any money, property, or intangible rights or value from Us as a result of any errors we may make, other than the full refund of fees actually paid by you to KineticDomains Ltd., Inc. for the specific, individual transaction during which such an error occurred.
IN NO EVENT SHALL KineticDomains Ltd., Inc. BE LIABLE FOR AN AGGREGATE AMOUNT IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY BE ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF KineticDomains Ltd., Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KineticDomains Ltd., Inc. BE LIABLE FOR COMPENSATORY DAMAGES IN EXCESS OF FUNDS ACTUALLY AND CONSTRUCTIVELY RECEIVED AS A RESULT OF THE TRANSACTIONS UNDER DISPUTE. Some states may not allow such a broad exclusion or limitation on liability for damages as stated above. In such states, KineticDomains Ltd., Inc.'s liability is limited to the full extent permitted by law. You agree that in no event shall KineticDomains Ltd., Inc.'s maximum aggregate liability exceed the total amount paid by You for the particular Offering in dispute purchased from KineticDomains Ltd., Inc..
In litigation, arbitration, or litigation to enforce judgment of an arbiter's award, the prevailing party in such proceedings shall be entitled to recover its reasonable attorney's fees and costs of litigation or arbitration from the non-prevailing party, and in addition, ten percent (10%) simple interest on all sums due, from the date they become due until the date they are paid.
KineticDomains Ltd., Inc. AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, SUPPLIERS, AGENTS, CALL CENTERS, CUSTOMER SERVICE REPRESENTATIVES, AND AFFILIATES, ACTING INDIVIDUALY OR COLLECTIVELY, KNOWN IN THIS SECTION AS THE "KineticDomains Ltd., Inc. TEAM", 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. SUCH SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. THE KineticDomains Ltd., Inc. TEAM MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR EXPECTATIONS, HOPES, DESIRES, ASPIRATIONS, OR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE KineticDomains Ltd., Inc. TEAM DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS, REGARDING THE USE OR RESULTS OF ANY OF THE SERVICES IT PROVIDES, INCLUDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHER ATTRIBUTES. YOU AGREE THAT YOUR USE OF THE KineticDomains Ltd., Inc. WEBSITE, INCLUDING ALL SERVICES AND ALL EXTERNAL LINKS, IS AT YOUR OWN RISK. YOU AGREE THAT NO ORAL, WRITTEN, OR ELECTRONIC ADVICE, INFORMATION, OR DATA PROVIDED TO YOU BY THE KineticDomains Ltd., Inc. TEAM MODIFIES THIS AGREEMENT IN ANY WAY OR CONSTITUTES ANY WARRANTY OF ANY KIND. YOU AGREE THAT YOU CANNOT AND WILL NOT RELY ON ANY ORAL, WRITTEN, OR ELECTRONIC ADVICE, INFORMATION, OR DATA PROVIDED TO YOU BY THE KineticDomains Ltd., Inc. TEAM CONSTITUES FOR ANY LEGAL, FINANCIAL, ENGINEERING, STRATEGIC, OR OTHER ACTIONS, FOREBEARANCE, DECISIONS, OR OTHER PURPOSES. THIS DISCLAIMER OF WARRANTIES AND REPRESENTATIONS SHALL BE CONSTRUED TO APPLY IN THE WIDEST SENSE PERMITTED UNDER GOVERNING LAW. THIS DISCLAIMER SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT OR CESSATION OF YOUR USE OF THE KineticDomains Ltd., Inc. WEBSITE OR KineticDomains Ltd., Inc.'S SERVICES, AND EXTEND INTO THE MAXIMUM TIME LIMIT PERMITTED UNDER GOVERNING LAW. IN THE CASE OF JURISDICTIONS THAT DO NOT ALLOW THE DISCLAIMER OF EXPRESSED AND IMPLIED WARRANTIES, YOU AGREE THAT SUCH WARRANTIES BE INTERPRETED IN THE MOST EXPANSIVE MANNER PERMITTED IN THOSE JURISDICTIONS
You agree to defend, indemnify, and hold harmless KineticDomains Ltd., Inc. and its officers, directors, shareholders, employees, contractors, consultants, suppliers, agents, call centers, customer service representatives, and affiliates from any and all claims, demands, losses, liabilities, costs, damages, or expenses, including, without limitation, reasonable attorneys' fees, resulting from any third party claim, action, proceeding, or demand related to Your use of the Services You purchased from KineticDomains Ltd., Inc. or Your breach or violation of any portion of this Agreement or incorporated agreements and policies, including the use of Your account, Services with KineticDomains Ltd., Inc. by Your agents or affiliates, whether or not on Your behalf, and whether or not with Your permission. In addition, You agree to indemnify and hold the KineticDomains Ltd., Inc. Team harmless from any loss, liability, damages, or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided in this Agreement, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark, service mark, or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should KineticDomains Ltd., Inc. be notified of a pending law suit, or receive notice of the filing of a law suit, KineticDomains Ltd., Inc. may seek a written confirmation from You concerning Your obligation to indemnify KineticDomains Ltd., Inc.. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that KineticDomains Ltd., Inc. shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify KineticDomains Ltd., Inc. of any such claim promptly in writing and to allow KineticDomains Ltd., Inc. to control the proceedings. You agree to cooperate fully with KineticDomains Ltd., Inc. during such proceedings. You agree You will not be entitled to a refund of any fees paid to KineticDomains Ltd., Inc. if, for any reason, KineticDomains Ltd., Inc. takes corrective action with respect to Your improper or illegal use of its Services. You also agree that if KineticDomains Ltd., Inc. is notified that a complaint has been filed with a governmental, administrative, or judicial body, that KineticDomains Ltd., Inc., in its sole discretion, may take whatever action KineticDomains Ltd., Inc. deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative, or judicial body until such time as the dispute is settled. The indemnifications described above, to which You agree, shall survive expiration or termination of this Agreement or cessation of Your use of the KineticDomains Ltd., Inc. website or KineticDomains Ltd., Inc.'s Services, and shall extend into the maximum time limit permitted under the governing law.
This agreement shall be deemed entered into in the State of Tennessee. Except for disputes concerning the user of a domain name registered with KineticDomains Ltd., Inc., You agree that the laws and judicial decisions of Williamson County, TN to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Williamson County, TN. For the adjudication of disputes concerning the use of any domain name registered with KineticDomains Ltd., Inc., You agree to submit to jurisdiction and venue in the U.S. District Court, 21st district Tennessee. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
You agree that all notices (except for notices concerning breach of this Agreement) from KineticDomains Ltd., Inc. to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with KineticDomains Ltd., Inc.. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to KineticDomains Ltd., Inc. shall be made either by email, sent by first class mail to the physical address provided on the KineticDomains Ltd., Inc. Website, or sent by first class mail to KineticDomains Ltd., Inc.'s address at:
KineticDomains Ltd., Inc.
106 PREMIER BUILDING,
ALBERT STREET,
VICTORIA, MAHE, SEYCHELLES
The headings in this Agreement are descriptive only, and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall prevail.
You agree that this Agreement, including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.), constitute the complete and only Agreement between You and KineticDomains Ltd., Inc. regarding the Services contemplated in this Agreement.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in accordance with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of KineticDomains Ltd., Inc. to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of KineticDomains Ltd., Inc. to enforce such provisions at any future time.
KineticDomains Ltd., Inc. will make every effort to keep its Website and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold KineticDomains Ltd., Inc. liable for any of the consequences of such interruptions.
Nothing in this Agreement, express or implied, is intended to, nor shall, confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
If You purchase Services from KineticDomains Ltd., Inc., You may be subject to additional Offering Agreements, specific to Your purchase or use. In such cases, these Agreements shall be incorporated into this Agreement in addition to the Sections above.
Revised: June 17, 2015
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