|Terms of Service|
These terms of service (this “Agreement”) are by and between DOPA and You, each side a "Party" and together, "the Parties," and are made effective as of the date of execution (the "Effective Date"). This Agreement contains the terms and conditions applicable to Your use of online Domain Parking Service (“Service” or “Services”) as described and available under or through the domain, sub-domains, and affiliated domains of www.dopa.com (collectively, the "Site").
DOPA, in its sole and absolute discretion, may change or modify this Agreement and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Site. BY CONTINUING TO PARK DOMAIN NAMES FOLLOWING A CHANGE TO THIS AGREEMENT, YOU ARE ACCEPTING AND AGREEING TO THE CHANGE.IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.
1. Prohibited Domain Names. You will not enroll a domain name under this Agreement if You do not have the right to do so or if such enrollment would violate any laws or intellectual property rights of another, including without limitation trademark or service mark rights. DOPA retains the right to unilaterally and without notice cancel the enrollment of any such domain name and, in DOPA's sole discretion, seek legal recourse against You and any other parties for such enrollment. You will indemnify DOPA against any claims or suits arising from a breach of this section.
2. License. Under this Agreement, You hereby grant DOPA a revocable license to display, at DOPA's option, content on Your Parked Domains for the duration of this Agreement. Under this license, DOPA may, in its sole discretion for any reason or for no reason at all, temporarily or permanently stop or modify the content displayed on any Parked Domain, and You agree that DOPA and its directors, officers, employees, contractors, representatives, agents and affiliates are not liable for loss or damages resulting from such stoppage or modification.
3. Enrollment. Upon your consent to this Agreement, You agree to change the domain name servers for each of Your Parked Domain to the domain name servers and IP addresses specified by DOPA and/or redirect each Parked Domain to the Internet URL specified by DOPA.
4. Payments. You will be paid a commission originated from recognized unique clicks or impressions sponsored by advertiser, the commission will be paid to the domain owners at 12th working days of each calendar month if it is no less than $20. In the event of that if the commission is less than $20, You will be paid at 12th working days of a month in which the total amount of revenue collected and unpaid to You exceeds $20. DOPA shall use commercially reasonable efforts to provide you with accurate daily estimates of the revenue your website generates. You acknowledge and agree that any daily estimates do not represent an exact determination of your commission and the exact amount of your commission payment, as determined at the end of the applicable revenue generating period, may be different. In the event that DOPA discovers a mistake in a month's Click Balance already paid to You, You agree to cooperate with DOPA to correct the accounting discrepancies, including returning any unearned commission mistakenly paid, so long as DOPA attempts to contact You within 30 days of discovering the mistake.
5. Taxes. You understand that DOPA will not withhold taxes and that it is the responsibility of You to pay all local, state, federal, and/or foreign taxes on earnings and payments received from DOPA. You agree to indemnify from and reimburse to DOPA any claim or assessment of Taxes by any foreign, China, and/or local taxing authority, and any other costs and damages, arising from or in connection with the use and operation of the Site and Services.
You shall not:
6.1 Edit, modify, filter, truncate, obscure, prevent or append terms to the information contained in any search results page or on the landing page.
6.2 Display graphical or text units in any form (including but not limited to pop-ups, exit windows, expanding buttons, animation) that block or otherwise inhibit the full and complete display to visitors of any search results pages, landing pages, and/or web pages accessed by clicking on any part of a search result.
6.3 Intersperse any content between the search results page and the landing page, including, without limitation, framing the content of search results pages or landing pages.
6.4 Cache, capture, “crawl”,” spider” or store any search results.
6.5 Mislead visitors into believing that they will receive anything other than an internet search by viewing a domain or clicking on a text link or search box.
6.6 Offer incentives to visitors to view domain or click on search results.
6.7 Host the search results pages or otherwise access the search results pages except through DOPA’s servers.
6.8 Redirect traffic to other parked domain name. This prohibition includes, but is not limited to, traffic redirected from other domain names, traffic originating from advertising and purchased traffic such as pop-under or exit traffic. Each domain name must be parked separately.
6.9 Share any of commission with another party or enter into any type of arrangement with another party where that party receives a financial benefit regarding commission.
7. Term and termination. The term of this Agreement will be effective upon Your acceptance of the terms and conditions. DOPA may terminate this Agreement at any time, with or without cause, and with or without notice. Upon termination, You will no longer have access to any data or information you had previously created, maintained, managed, or stored in DOPA's systems. DOPA is under no obligation to maintain any such data or information.
8. Confidentiality. DOPA may provide You with reports detailing information related to clicks, impressions or revenue Your website generates. In the event such data is provided, You agree not to disclose such data, except to employees or agents who need to know and who have agreed in writing to keep it confidential.
9. Limitation of Liability. IN NO EVENT WILL DOPA OR ANY THIRD PARTY BENEFICIARY TO THIS AGREEMENT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF DOPA OR SAID THIRD PARTY BENEFICIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOPA FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION; FORCE MAJEURE; SERVICE DELAYS OR INTERRUPTIONS; NON-DELIVERY OR MISDELIVERY OF DATA; ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION PROVIDED UNDER THIS AGREEMENT; AND INFRINGEMENT. ANY LIABILITY OF DOPA TO YOU RELATING TO THE PERFORMANCE OR ENFORCEMENT OF ANY PROVISION OF THIS AGREEMENT IS LIMITED TO THE GROSS REVENUE RECEIVED AND RECOGNIZED BY DOPA WITH RESPECT TO YOUR PARKED DOMAIN(S) IN THE ONE (1) MONTH PRECEDING YOUR CLAIM AGAINST DOPA. YOU AGREE THAT YOU AND DOPA HAVE RELIED ON THIS PROVISION IN ALLOCATING RISK AND THAT, IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THIS SECTION IS SEVERABLE AND SURVIVES ANY TERMINATION OR EXPIRATION OF THE AGREEMENT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR DAMAGES OF ANY SORT RESULTING FROM TERMINATING THIS AGREEMENT IN ACCORDANCE WITH ITS PROVISIONS, UNLESS SPECIFIED OTHERWISE.
10. Disclaimer of Warranties. ALL PRODUCTS, SERVICES, INFORMATION, AND DATA PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "WHERE IS" AND WITHOUT ANY WARRANTY OF ANY KIND. DOPA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE QUALITY AND AVAILABILITY OF TECHNICAL SUPPORT. DOPA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH ACCESS TO OR USE OF SERVICES UNDER THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, DOPA DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH THE PARKED DOMAIN(S) WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR SIMILAR SOFTWARE; THAT ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH THE PARKED DOMAINS WILL BE FREE OF ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; THAT THE FUNCTIONS OR SERVICES PROVIDED BY DOPA WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS THEREWITH WILL BE CORRECTED; THAT THE SERVICES PROVIDED BY DOPA WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES PROVIDED BY DOPA UNDER THIS AGREEMENT WILL OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA; OR THAT YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM DOPA. YOU ACKNOWLEDGE THAT DOPA CANNOT AND DOES NOT CHECK TO SEE WHETHER ANY SERVICES OR YOUR USE OF THE SERVICES UNDER THIS AGREEMENT INFRINGES THE LEGAL RIGHTS OF OTHERS.
11. Indemnification. You at Your own expense will indemnify, defend and hold harmless DOPA and any third-party beneficiaries to this Agreement and their employees, directors, officers, representatives, agents and affiliates against any claim, suit, action, or other proceeding brought against DOPA or any third-party beneficiary to this Agreement by You or another based on or arising from any claim or alleged claim arising out of the operation of the Parked Domains; any claim or alleged claim arising from this Agreement; a third party claim that Your Parked Domain(s) infringe any copyright, trade secret or trademark of a third party; or Your use of the services provided under this Agreement in any manner inconsistent with or in breach of this Agreement. You will not enter into a settlement or compromise of any such claim without DOPA's prior written consent, which shall not be unreasonably withheld. Your obligation under this section extends to any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by DOPA in connection with or arising from any claim, suit, action or proceeding.
12. Waiver. No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement through failure to act, delay in action, or otherwise, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.
13. Choice of Law. This Agreement shall be interpreted and enforced in accordance with the laws of China, without regard to its laws on the choice of law. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
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