1. INTRODUCTION. This Customer Agreement (this "Agreement") is made between Dot TK, Taloha, Inc., a Delaware Corporation ("Dot TK", "Taloha", "we" or "us") and you, the registered member of the Dot TK Service (as such term is defined below). Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in San Francisco, California, USA, the location of our principal place of business. You have registered with us to receive from one (1) to a maximum of three (3) FREE internet domain names together with one of our proprietary service offerings for individuals or small businesses (including, but not limited to, the content, search facilities, directory services, e-mail forwarding, and other internet services provided by us to our members from time to time), all of which are referred to collectively in this Agreement as "FREEDOMAIN.TK" or the "Service." In consideration of, and in reliance upon, (i) your truthful responses to the questions and information requests presented in the FREEDOMAIN.TK registration process and the FREEDOMAIN.TK Service confirmation email, and (ii) your agreement to and ongoing compliance with each of the terms of this Agreement, we agree to provide you with the service subject to the terms and conditions of this Agreement.
2. ACCEPTANCE OF THIS AGREEMENT. You have indicated your acceptance of this agreement by clicking on the "I ACCEPT" button as part of the FREEDOMAIN.TK registration process and/or by sending us your confirmation code. By accepting this agreement, (i) you have authorized Dot TK to register the domain name that you requested and confirmed and (ii) you attest that you are at least 18 years of age. Each member must be at least 18 years of age to receive the service.
3. CHANGES TO THIS AGREEMENT. We reserve the right to change the terms and conditions of this agreement at any time without prior notice. Such changes and their effective date will be posted on our web site at www.dot.tk/vc001100.html. You agree to review any changes to this agreement and, if such changes are not acceptable to you, immediately terminate your use of FREEDOMAIN.TK and terminate this agreement as provided herein. Your continued use of FREEDOMAIN.TK after the effective date of such changes, will constitute your acceptance of the changes.
4. VOLUNTARY TERMINATION OF THIS AGREEMENT. If you no longer wish to be bound by this agreement, you must (i) have remained in compliance with each of the terms of this agreement at all times prior to termination, (ii) provide us with written notice of your intention to no longer be bound by this agreement and (iii) immediately terminate your use of the service. If you want to continue using the domain name provided to you by us under this agreement after such termination, you must transfer out of FREEDOMAIN.TK in accordance with the provisions set forth in section 11.3.
5. FAILURE TO TRANSFER OUT OF FREEDOMAIN.TK. If you terminate your use of FREEDOMAIN.TK and this agreement pursuant to section 11.3 and do not transfer out of FREEDOMAIN.TK in accordance with the provisions set forth in section 11.3 or upgrade to one of our paid services, you agree that any and all of your right, title and interest in and to the domain name provided to you pursuant to this agreement will be forfeited to Dot TK, and that we may hold, cancel, sell, transfer or otherwise assign or dispose of the domain name at our discretion.
6. REGISTRATION OF FREEDOMAIN.TK
6.1 Registration Process; Registration Information; Password. To become a member of FREEDOMAIN.TK, you must complete the registration process by providing us with current, complete and accurate information to the questions and information requests presented in the FREEDOMAIN.TK registration form and the FREEDOMAIN.TK confirmation email. You hereby agree to maintain and promptly update such registration information to keep it current, complete and accurate. If we have reasonable grounds to believe that you have failed to provide complete and accurate registration information or that you have failed to update such information, we, in our sole discretion, may deem such failure to be a violation of this Agreement, which may subject you to the penalties set forth in Section 11.4. Dot TK requests that you choose a password to be used in operating FREEDOMAIN.TK. You are entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur under your domain name. You agree to notify Dot TK immediately upon discovery of any unauthorized use of your account or any other breach of security relating to FREEDOMAIN.TK.
6.2 Registration for one to three domain names. You as an individual are eligible to receive from one (1) to a maximum of three (3) domain names from us in connection with FREEDOMAIN.TK, regardless of how many aliases you may have. By accepting this Agreement, you hereby represent and warrant to us that you have only registered for and received from one (1) and no more than three (3) domain names through FREEDOMAIN.TK and you further agree that you will not seek to register for or receive additional domain names through FREEDOMAIN.TK. Your registration of more than three (3) domain name through the service constitutes a violation of this Agreement, and may subject you to the penalties set forth in Section 11.4. You hereby further acknowledge and agree that we, in our sole discretion, may make any determination as to whether you have registered for and received multiple domain names through FREEDOMAIN.TK.
6.3 Timing of Registration of Domain Name. You acknowledge and agree that, upon completion of the registration process, we may for any or no reason indefinitely delay the registration of your requested domain name or elect to not register such domain name at all. Accordingly, there is no guarantee that we will actually register your requested domain name in a timely manner, if at all. In the event that we delay registration of or elect to not register your requested domain name and a third party registers for the identical domain name, you agree that we will have no liability to you or any third party for the delay in registration of or failure to register your requested domain name. In the event another person registers for the same domain name that you have requested, our current policy is to provide the domain name to the person who replies first to our confirmation e-mail message. If it is crucial to you that you have your requested domain name registered immediately, we suggest that you purchase the domain name directly from a domain name registrar, or elect to purchase a domain with PAIDDOMAIN.TK or SPECIALDOMAIN.TK. To purchase your Dot TK Paid domain, please visit the Dot TK website at http://www.dot.tk.
6.4 License to Use Domain Name. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, personal, non-transferable license to use FREEDOMAIN.TK and the domain name provided to you in connection therewith. You shall retain such right to use the service for so long as you comply with each of the terms of this Agreement, and for so long as we make the service available to you. Upon termination of this Agreement, and/or the service, your right to use FREEDOMAIN.TK shall terminate and, unless you have transferred out of the service in accordance with the provisions of Section 11.3, or upgraded to one of our paid services, all rights in and to the domain name provided to you in connection therewith shall inure to the benefit of Dot TK as provided in Section 11 herein. In addition to the foregoing, you understand and agree that, so long as you are a member of FREEDOMAIN.TK, all visitors/visits to the domain name provided to you in connection with FREEDOMAIN.TK shall be counted solely as traffic to Dot TK for all purposes relating to tracking and reporting audience measurement.
6.5 Access to FREEDOMAIN.TK. In order to use FREEDOMAIN.TK, you must obtain access to the World Wide Web, either directly or through devices that access web-based content. You understand and agree that you are responsible for the costs of all software, telecommunications charges and other costs you may incur to access the service. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
7. DISPUTES REGARDING DOMAIN NAMES PROVIDED THROUGH FREEDOMAIN.TK
7.1 Infringement on Intellectual Property or Other Rights of Third Parties. All domain names registered through FREEDOMAIN.TK are registered in our name. As the record owner of these domain names, we may be named in a lawsuit if a selected domain name infringes on the trademark or service mark of a third party, or otherwise causes harm to a third party. If a third party alleges trademark or service mark infringement or other harm in connection with the domain name which we have provided to you, we may, in our sole discretion, elect to (i) transfer the domain name to you and/or cease providing the Dot TK Service to you in connection with the domain name, (ii) transfer the domain name to the third party, (iii) disable the use of the domain name by removing it from our DNS servers, (iv) delete or cancel the registration of the domain name, (v) proceed to arbitration in accordance with the rules established by the Internet Corporation for Assigned Names and Numbers (ICANN), which rules you hereby consent to, (vi) proceed to litigation in federal, state or foreign court, or (vii) elect to pursue any other course of action reasonably designed to protect our interests.
7.2 No Obligation to Defend; Cooperation in Event of Transfer. By accepting this Agreement, you hereby acknowledge and agree that we are under no obligation to defend your rights to use or own the domain name provided to you in connection with FREEDOMAIN.TK in any actual or threatened lawsuit or arbitration brought by a third party against us. Furthermore, you agree to cooperate with us in whichever course of action we elect, in our discretion, to take. In the event that we elect to transfer the domain name to the third party, disable the use of the domain name or otherwise agree that such name will not be used for any purpose during the registration period, you agree to relinquish all right, title and/or interest in and to the domain name with or without prior notice from us. In this event, we agree to provide you with a new domain name so long as you have complied with each of the terms of this Agreement prior to such transfer.
7.3 Disclosure of Contact Information. By accepting this Agreement, you hereby acknowledge and agree that, in any dispute relating the domain name provided to you in connection with FREEDOMAIN.TK or your use thereof (whether relating to alleged infringement of intellectual property or other rights, violations of our use policy or otherwise), we may disclose to third parties the contact information you provided to us when registering for FREEDOMAIN.TK, as such information may be updated by you from time to time. For more information, please see our Privacy Statement at http://www.dot.tk/vc001100c.html.
8. TAMPERING WITH FREEDOMAIN.TK; MODIFICATIONS TO FREEDOMAIN.TK.
8.1 Tampering with FREEDOMAIN.TK and Dot TK Traffic-Check. You understand that a viewer is engaged in Dot TK server infrastructure to record the number of visitors to your Dot TK domain name (Dot TK Traffic-Check). By accepting this Agreement, you hereby agree that you will not tamper with, disable or limit the functionality of the Dot TK Service or the Dot TK Traffic-Check in any way, including, but not limited to, disabling or otherwise tampering with the viewer displayed when your domain name is accessed by you or a third party.
8.2 Modifications to FREEDOMAIN.TK. By accepting this Agreement, you hereby acknowledge and agree that we, in our sole discretion, may modify or discontinue, temporarily or permanently, the service at any part thereof, at any time with or without prior notice, including, without limitation, modification or discontinuance of advertising, content and applications appearing as part of FREEDOMAIN.TK. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of FREEDOMAIN.TK or any part thereof.
9. MONITORING, USE AND COLLECTION OF PERSONAL INFORMATION.
9.1 Privacy Statement. As part of the process of registering for FREEDOMAIN.TK, you provided us with certain personally identifying information. In addition, we may collect and use additional information in connection with your use of the service. Our Privacy Statement, which is incorporated into this Agreement by reference, and made a part hereof, has been designed to reasonably protect your personally identifying information. However, pursuant to our Privacy Statement, under certain circumstances (including those specified in Section 7.3 hereof) we may disclose to third parties the information you provided to us when registering for FREEDOMAIN.TK or other data related to your use of the service. For more information, please see the full text of our Privacy Statement available at http://www.dot.tk/vc001100c.html. Our Privacy Statement may be changed from time to time with or without notice as provided therein.
9.2 No Breach of Privacy. By accepting this Agreement, you hereby acknowledge and agree that our collection and use of your personal information, and our operation of FREEDOMAIN.TK, in each case as contemplated by this Agreement, in no way constitute an actionable breach of any privacy or other right, and you hereby waive any and all such claims or rights of action whether foreseen or unforeseen.
10. MEMBER USE OBLIGATIONS AND RESTRICTIONS ON USE OF FREEDOMAIN.TK
10.1 Minimum Use Requirements. In order to continue providing FREEDOMAIN.TK to you, we may establish minimum use requirements for our members. As of December 10th, 2001, these minimum use requirements are as follows: Each member is required to generate an aggregate of at least thirty (30) page views during 90 days. Access of your domain name by a third party will be credited toward satisfaction of these requirements. By accepting this Agreement, you agree that you will comply with the foregoing minimum use requirements (although you understand and agree that we may discontinue FREEDOMAIN.TK at any time pursuant to section 8.2 regardless of your compliance with these requirements). We reserve the right to contact you from time to time regarding your compliance with the foregoing minimum use requirements.
10.2 Failure to Comply with Minimum Use Requirements. In the event that you fail to comply with the minimum use requirements for FREEDOMAIN.TK, we may elect to terminate this agreement and cease providing you with the service or any part thereof. In the event that you fail to comply with the minimum use requirements for the e-mail account provided to you as part of FREEDOMAIN.TK for two consecutive calendar months, we reserve the right to deactivate the email account without prior notice. You acknowledge and agree, that upon deactivation of your e-mail forwarding service any existing messages cannot be directed towards your mailbox. If your e-mail account has been deactivated, you may request that the account be re-activated at any time provided that you are otherwise in compliance with the terms of this Agreement.
10.3 Restrictions on Use of FREEDOMAIN.TK. We encourage the free flow of ideas and respect rights of free speech. However, as the record owner of the domain names registered through FREEDOMAIN.TK, we may become subject to liability, governmental or regulatory scrutiny or suffer other adverse consequences to our business as a result of the content linked to, accessed through or transmitted through these domain names or FREEDOMAIN.TK, including without limitation the content of any web site, e-mail message or newsgroup or the name of the domain name. Accordingly, you acknowledge and agree that we have the right to terminate this Agreement, and cease providing FREEDOMAIN.TK to you, if you engage in any conduct that we, in our sole discretion, believe is or may become harmful to us or to third parties, or any conduct that we, in our sole discretion believe, violates any law or regulation. Although we may determine, in our sole discretion, that your conduct violates our use policy (even if such conduct is not specifically listed in this Section 10.3), the following uses are specific violations of our use policy:
(i) Any use that harms minors in any way;
(ii) Forging headers or manipulating other identifiers in order to disguise the origin of any content linked to, accessed through or transmitted through FREEDOMAIN.TK;
(iii) Uploading, posting, linking to or otherwise transmitting any content that you do not have a right to upload, post, link to or otherwise transmit under any law or which you are prohibited from uploading, posting or linking under contractual or fiduciary obligations (including, without limitation, inside information, proprietary or confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreement);
(iv) Uploading, posting, linking to or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized or illegal solicitation;
(v) Uploading, posting, linking to or otherwise transmitting any content that infringes on any patent, trademark, service mark, trade secret, trade dress, copyright or other intellectual or proprietary rights of any party;
(vi) Uploading, posting, linking to or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(vii) Disrupting the normal flow of dialogue (that is, cause a screen to "scroll" faster than other members or users of FREEDOMAIN.TK are able to type) or otherwise acting in a manner that negatively affects the ability of other members or users to engage in real time exchanges;
(viii) Impersonating any person or entity (including, without limitation, a Dot TK employee or official) or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
(ix) Uploading, posting, linking to or otherwise transmitting any content that is unlawful, harmful, abusive, harassing, threatening, tortuous, vulgar, obscene, libelous, defamatory, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
(x) "Stalking" or otherwise harassing another;
(xi) Providing or promoting any instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals (including, without limitation, providing instructions on how to assemble bombs, grenades or other weapons, and creating "crush" sites);
(xii) Interfering with or disrupting FREEDOMAIN.TK, the servers or networks used to access or deliver FREEDOMAIN.TK, or disobeying any requirements, procedures, policies or regulations of networks used to access or deliver FREEDOMAIN.TK; and
(xiii) Intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ), and any regulations having the force of law.
10.4 Failure to Comply with Use Policy. In the event that we determine, in our sole discretion, that your use of FREEDOMAIN.TK is or may be harmful to us or to third parties or violates any law or regulation, including without limitation that you have engaged in any of the conduct described in Section 10.3, we reserve the right to disable the domain name provided to you through the service (by removing it from our DNS servers) and cease providing FREEDOMAIN.TK to you with or without prior notice. In addition, your failure to adhere to our use policy constitutes a violation of this Agreement, and may also subject you to the penalties set forth in Section 11.4. Notwithstanding the foregoing, you will remain fully responsible for any content linked to, accessed through or transmitted through the domain name provided to you through FREEDOMAIN.TK.
11. TERM AND TERMINATION
11.1 Initial Term and Termination. The term of this Agreement will commence upon your agreement to be bound by this Agreement pursuant to Section 1 and will continue in full force and effect until terminated in accordance with this Section 11.1. This Agreement shall terminate on the earlier to occur of the following events: (i) voluntary termination by you for any or no reason pursuant to Section 1, (ii) termination by Dot TK for any or no reason (iii) voluntary termination by you in connection with a sale or transfer, pursuant to Section 11.3, of the domain name provided to you through FREEDOMAIN.TK, or (iv) involuntary termination pursuant to Section 11.4 upon our determination that you have violated the terms of this Agreement. Dot TK reserves the unlimited right to amend this section as it, in its sole discretion, sees fit.
11.2 Renewal. As long as you have remained in compliance with each of the terms of this Agreement from the date you agreed to be bound by this Agreement, including without limitation the minimum use requirements set forth in Section 10.1, we may elect in our sole discretion to (i) allow you to upgrade to the Plus Service at the prevailing applicable rate, (ii) automatically renew this Agreement for a term, determined by Dot TK, from such date (the "Renewal Period") and (ii) continue providing you with FREEDOMAIN.TK subject to the terms and conditions of this Agreement (including a renewal of the registration of the domain name provided to you in connection with FREEDOMAIN.TK).
11.3 Transferring Out of FREEDOMAIN.TK. You may transfer out of FREEDOMAIN.TK at any time and for any reason, provided that you have complied with the terms of this Agreement through and including the date of your request to transfer out of the service. If we, in our sole discretion determine, that you have not complied with the terms of this Agreement, the transfer may be delayed or denied, and you may be subject to the penalties set forth in Section 11.4. To transfer out of the FREEDOMAIN.TK you must complete the following steps: (i) upgrade your domain service to a Paid Domain Account (PAIDDOMAIN.TK or SPECIALDOMAIN.TK), and (ii) update your Contact information and (iii) provide the required Domain Name Server information. After the successful completion of the update of your Paid Domain Account information, if you wish to change registrars, you may contact an alternate registrar to transfer your domain name to which may or may charge a transfer fee. This Agreement will terminate on the effective date of a transfer.
11.4 Violation of this Agreement. By accepting this Agreement, you understand, acknowledge and agree that if we determine in our sole discretion that you have violated any of the terms of this Agreement, including but not limited to violations involving multiple domain name registrations, improper use of FREEDOMAIN.TK, or providing false or incomplete registration information, we shall have the right, which may be exercised in our sole discretion, to terminate this Agreement and cease providing you with FREEDOMAIN.TK. You further agree that in such event you will forfeit to us all of your right, title and interest in and to the domain name provided to you through FREEDOMAIN.TK, and that we may hold, cancel, sell, transfer or otherwise assign or dispose of such domain name at our sole discretion. In addition to your indemnification obligations set forth in Section 14.2 herein, in the event we determine that you have violated any of the terms of this Agreement, you will be responsible to us for any and all costs incurred by us in enforcing the terms of this Section 11.4.
11.5 Effect of Termination. Unless we, in our sole discretion, elect otherwise, upon termination or expiration of this Agreement, (i) we will immediately cease to provide you with FREEDOMAIN.TK (which will include deactivation of your e-mail account and deletion of any existing messages in your mailbox), and you may not access or attempt to access your FREEDOMAIN.TK after such date, and (ii) we will not be liable to you or any third party for any termination of this Agreement. If we, in our sole discretion, elect to cease providing you with FREEDOMAIN.TK for any or no reason pursuant to section 8.2, we may provide you with the opportunity to upgrade to one of our paid services or to transfer out of FREEDOMAIN.TK. If you do not elect to upgrade or transfer, you will transfer to us all of your right, title and interest in and to the domain provided to you through FREEDOMAIN.TK, and we may hold, cancel, sell, transfer or otherwise assign or dispose of such domain name at our sole discretion. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination of this Agreement, including without limitation Sections 6.5, 7.2, 14.2 and 14.3. You agree that we will not be responsible or liable to you or any third party for any loss or damage of any sort incurred as the result of any termination of this Agreement.
12. NO WARRANTIES. ALL CONTENT, SERVICES AND PRODUCTS OF FREEDOMAIN.TK AND EACH PORTION THEREOF IS PROVIDED "AS-IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO, ANY WARRANTY THAT FREEDOMAIN.TK WILL MEET YOUR REQUIREMENTS, FREEDOMAIN.TK WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. YOUR USE OF FREEDOMAIN.TK IS ENTIRELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, ASPECTS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ANY WARRANTIES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. DISCLAIMERS. WE PROVIDE LINKS TO WEB SITES SPONSORED BY PARTNERS AND OTHER THIRD PARTIES THROUGH FREEDOMAIN.TK. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING SUCH WEB SITES NOR WILL WE BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY PRODUCTS, SERVICES OR OTHER MATERIAL THAT MAY BE SOLD, LICENSED, DISTRIBUTED OR PROMOTED ON SUCH WEB SITES OR IN ANY MANNER FOR ANY CONTENT ON SUCH WEB SITES.
WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS, INJURY, DAMAGE, OR OTHER CLAIMS ARISING OUT OF OR RELATED TO: (I) YOUR PURCHASE, LICENSE OR USE OF ANY PRODUCTS, SERVICES OR OTHER MATERIAL THAT MAY BE SOLD, LICENSED, DISTRIBUTED OR PROMOTED BY OR THROUGH ANY OF OUR PARTNERS OR OTHER COMPANIES; (II) THE BUSINESS AND/OR OTHER ACTIVITIES OF ANY OF OUR PARTNERS OR OTHER COMPANIES; (III) YOUR INABILITY, FOR WHATEVER REASON, TO TRANSACT BUSINESS WITH AND/OR ACCESS ANY OF OUR PARTNERS OR OTHER COMPANIES; AND (IV) THE NEGLIGENCE, MISREPRESENTATION AND/OR OTHER CONTRACT, STATUTORY, TORT AND/OR OTHER LIABILITY OF ANY KIND OF ANY OF OUR PARTNERS OR OTHER COMPANIES TO YOU OR ANY THIRD PARTY.
WE WILL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCES OR IN ANY EVENT FOR ANY DIRECT, INDIRECT, ECONOMIC, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF FREEDOMAIN.TK OR YOUR INABILITY TO USE FREEDOMAIN.TK, OR ARISING OUT OF THE PURCHASE, LICENSE OR USE OF ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY OF OUR PARTNERS OR OTHER COMPANIES, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY, CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE HELD LIABLE OR OBLIGATED IN ANY MANNER TO YOU OR ANY THIRD PARTY FOR ANY AMOUNT IN EXCESS OF THE SUM OF ONE DOLLAR ($1.00 U.S.).
WE DO NOT REPRESENT OR WARRANT THAT FREEDOMAIN.TK WILL OPERATE WITHOUT DEFECTS, INTERUPTION, OR ERROR-FREE, THAT FREEDOMAIN.TK AND THE SERVERS THAT IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY COMPUTER HARDWARE, SERVERS, SOFTWARE, TRANSMISSION SERVICES AND/OR OTHER THIRD PARTY PRODUCTS OR SERVICES OF ANY KIND AND YOU ASSUME ALL RISKS IN CONNECTION THEREWITH. THIS SECTION ALLOCATES THE RISKS BETWEEN THE PARTIES INVOLVED AND IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT WHICH IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND WILL BE EFFECTIVE NOTWITHSTANDING THE FAILURE OF PURPOSE OF ANY ESSENTIAL AND/OR OTHER REMEDY HEREIN. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14.1 General Internet Monitoring and Blocking. We do not accept advertising on FREEDOMAIN.TK for sexually explicit products or services nor those promoting racial, ethnic or social hatred. However, we have no control over the Internet as a whole. Should you wish to block certain material from appearing in your Internet browser when you or other members of your family are online, we encourage you to investigate blocking software that you may purchase and install on your own computer or device for such purpose so long as such software does not otherwise interfere with the viewer displayed when your domain name is accessed by you or a third party or any functionality provided to you as part of FREEDOMAIN.TK.
14.2 Indemnity. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any liability, cost, claim, demand or expense (including reasonable attorney's fees and costs incurred by us in responding to a claim asserted by a third party) due to or arising out of (i) your use of FREEDOMAIN.TK, (ii) your failure to fulfill your online contractual commitments with third parties, (iii) your participation in promotions with advertisers, (vi) your failure to comply with any laws and regulations or your violation of any person's rights, including intellectual property rights, through your use of FREEDOMAIN.TK or otherwise or (v) any breach by you of any of the terms of this Agreement.
14.3 Confidentiality. You acknowledge that FREEDOMAIN.TK and all non-public underlying ideas, algorithms, concepts, procedures, processes, principles, know-how, methods of operation, designs, programming techniques, source codes (including all underlying intellectual property) and input data formats and structures are trade secrets, confidential information and proprietary information of ours (collectively referred to as "Confidential Information"). You agree to keep the Confidential Information confidential and except as explicitly prescribed in this Agreement, you agree not to use, duplicate, disclose or distribute any Confidential Information, directly or indirectly, to any person.
14.4 Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of FREEDOMAIN.TK, use of FREEDOMAIN.TK or access to FREEDOMAIN.TK.
14.5 Notices. Except as otherwise specifically provided herein, all notices required to be delivered by you must be sent to Taloha, Inc., 584 Castro Street Box 260, San Francisco CA 94114, USA and we may send notices to you (i) by sending you an e-mail message to the e-mail address you provided to us upon registration for FREEDOMAIN.TK, (ii) by sending you an e-mail message to your Dot TK e-mail account or (iii) by mail to the address you provided to us upon registration. Notices will be deemed to be received upon proof of delivery (if by e-mail) or one week after we mail our notice to you.
14.6 Applicable Law; Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California and the federal laws of the United States applicable therein without reference to conflicts of law principles. The exclusive jurisdiction and venue of any legal action brought with respect to this Agreement and the interpretation or making of it, shall be the state courts of the State of California for the County of San Francisco or the United States District Court for the Northern District of California, and we both submit to the exclusive jurisdiction and venue of such courts for such purposes.
14.7 Assignment and Transfer. You may not assign, transfer or delegate any portion of this Agreement without our prior written consent, which consent may be withheld by us for any reason. Any assignment, transfer or delegation in violation of this paragraph 14.7 will be null and void ab initio. We may assign, transfer or delegate any portion of this Agreement provided that any such assignee, transferee or delegatee shall be bound by the information use restrictions contained in Section 9 herein.
14.8 Waiver. No waiver of any provision of this Agreement shall be binding on either of us unless it is in writing. A waiver by either of us of any provision of this Agreement shall not be deemed to waive the same provision thereafter or any other provision of this Agreement at any time. If any provision or part of any provision contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions or portions thereof, shall not be in any way affected or impaired thereby.
14.9 Other. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. All references to currency are to U.S. Dollars. Words or abbreviations, which have well known or trade meanings, are used herein in accordance with their recognized meanings. The words "include", "includes" or "including" shall mean "include without limitation", "includes without limitation" and "including without limitation" respectively.
14.10 Entire Agreement; Amendment. You acknowledge and agree that you have read and understand all the provisions contained in this Agreement. This Agreement constitutes the entire agreement between us pertaining to all the matters herein and supersedes all prior agreements, understandings, and discussions in respect thereof, whether oral or written, express or implied. You may not amend this Agreement without our prior written approval. We may amend this Agreement as provided in Section 1. You acknowledge and agree that to the extent that this Agreement conflicts with, or is inconsistent with any provision contained in any invoice, document, e-mail or agreement provided by you to us, the provisions of this Agreement shall prevail. We expressly reserve any rights not expressly granted by us herein.