This page explains the terms of use governing domainIQ and all related products and services. Please read this page carefully and ensure that you understand our terms before using the service.
By accessing, browsing, and/or using the website at www.domainIQ.com or any other website owned or controlled by domainIQ Inc. ("domainIQ"), including any service provided on or via the website (the "Services"), you agree to be bound by these Terms of Service (the "TOS").
The website, including all information, data, content, materials, graphics, logos, and software (the "Content") is made available to you subject to the terms and conditions set forth in this agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN DO NOT USE OR ACCESS THE SITE OR SERVICES.
domainIQ reserves the right to change the TOS from time to time at its sole discretion. Your use of domainIQ will be subject to the most current version of the TOS posted on the Site, and any changes to this agreement shall be effective as of the date published. By using domainIQ or Services, you acknowledge and agree to discontinue using the website and Services if you do not agree to the TOS or changes to the TOS.
You may not use domainIQ if you lack legal capacity to enter into legally binding contracts or if the use of domainIQ is prohibited by law in the jurisdiction where you are located. You must be at least 18 years of age or older to use domainIQ.
Access to some Services is made available to users who pay membership fees ("Members"). The rates for membership and Service fees are published on the website. All fees are non-refundable and due in advance.
Access to some Services may be without charge and/or without requiring prior registration. That does not alter the binding effect of this agreement.
For the purposes of this agreement, "Users" shall refer to both registered and unregistered, paying and non-paying users.
Users who wish to become Members or purchase our Services may pay the applicable fees via a credit card or PayPal. By purchasing a paid membership or any account upgrade via credit card, the User agrees to allow domainIQ to immediately charge the credit card for the full amount of the new membership or upgrade, and to bill the card for the total monthly or yearly cost of the membership on the User's renewal date which will be no later than 30 days from the original charge for monthly renewals, and 365 days from the original charge for annual renewals.
All transactions are subject to anti-fraud screening. We reserve the right to cancel any account at any time and for any reason. Memberships and Services are offered at our sole discretion and may be temporarily or permanently disabled at our discretion.
Users may not republish or incorporate the Content into their own products without the prior written consent of domainIQ.
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to domainIQ for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify domainIQ immediately at the contact page.
5.4 Furthermore, you agree to not share your login or password credentials with anyone. Only the user named in the registration form can access and use the service.
5.5 You agree not to access the service from multiple locations simultaneously unless you have been authorized to do so in writing from domainIQ.
For information about domainIQ’s data protection practices, please read our privacy policy available here.
You agree to the use of your data in accordance with domainIQ’s privacy policy.
Except content provided by you and accepted by us ("your data"), you may not distribute, modify, copy, republish, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from domainIQ, except as expressly provided herein. Except as to your data, all content, database information, data and services available on, and collected as a whole through domainIQ, are property of domainIQ and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally. Certain names, products, or services that may be mentioned on the website may be the trademarks of their respective owners. All rights are reserved.
All information provided on domainIQ or Services is generated using automated means and is subject to errors, inaccuracies, inconsistencies, and incompleteness which may or may not be corrected by domainIQ, at domainIQ's discretion.
Information provided on domainIQ is gathered using automated means from public sources such as registrar records, websites, and search engines. Although domainIQ takes steps to ensure all information provided is accurate and recent, domainIQ cannot guarantee the accuracy, condition, or availability of any information provided on domainIQ or Services. All information is provided on an "as is" basis.
domainIQ may provide images of third-party websites, either as thumbnails or full-size images. The images are provided for informational purposes only and are the property of the third-party website. domainIQ will remove upon request any image which violates the intellectual property rights of its owner.
domainIQ may also provide website information, such as title, description, backlink count, and other information related to a particular website or domain. This information was obtained using automated means by crawling the website and may be inaccurate, out of date, and subject to errors.
Any trademark analysis and risk assessment information shown on domainIQ is provided for informational purposes only and should not be taken into consideration when making legal decisions. You agree not to hold domainIQ responsible or liable for any damages which may result from the use of trademark analysis services.
Domain name and portfolio appraisal information published on domainIQ is provided by EstiBot® and is generated using automated methods. Appraisal information is provided for informational purposes only and should never be used to make a buying or selling decision. Appraisals are subject to errors, inaccuracies, inconsistencies, and incompleteness which may or may not be corrected by domainIQ, at domainIQ's discretion.
Domain name valuation is a highly subjective matter, and any appraisal information provided is strictly for informational purposes only and should not be used to determine the value of a particular domain name or a portfolio.
domainIQ provides access to summary reports that provide a graphical and textual representation of data linked to a specific query. The data provided in summary and portfolio reports is generated using automated means and is subject to errors, inaccuracies, inconsistencies, and incompleteness.
The purpose of the information is to provide a general summary of all domains, contact names, emails, IPs, and other information related to a specific query. Since the data is generated using automated means from third-party sources such as WHOIS, it may be inaccurate, out of date, or incomplete. Data provided in summary and portfolio reports should never be used to make any buying, selling, offer, or legal decision.
domainIQ reserves the right to limit or refuse Users access to its website or Services at any time. domainIQ reserves the right to change the requirements for accessing domainIQ and the Services at any time and for any reason at its sole discretion, including changes to membership fees or other fees for Services.
domainIQ reserves the right to alter, suspend, or discontinue its website or any of the Services at any time and for any reason, without prior notice to you. domainIQ may become unavailable due to maintenance or malfunction of computer equipment or other reasons. domainIQ shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.
domainIQ may at any time terminate your Membership or block your access to its website or Services if:
domainIQ allows Users to contact a domain name owner either anonymously or not anonymously for the purpose of getting more information about a domain.
domainIQ cannot guarantee that the contact email will be delivered, or that it will be delivered to the owner of the domain name. In some cases, the contact information provided on WHOIS records may be inaccurate or it may not be available.
This feature may not be used to solicit buy or sell interest from the domain owner, or any other activity which is considered to be spam.
You may not use domainIQ or Services to contact users directly or anonymously with profane language, threats, or any behavior which may be considered illegal or threatening.
domainIQ may provide links to third-party websites, which are not under its control. domainIQ makes no representations about third-party websites, the data they may collect from you, or whether they are free of malware or any other malicious code. domainIQ provides these links merely as a convenience. The inclusion of such links does not imply that domainIQ endorses, recommends, or accepts any responsibility for the content of such sites. You understand and agree that domainIQ shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of a third-party website or any information or materials received from a third-party website. Furthermore, you understand and agree that domainIQ is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites.
You remain bound by these terms and conditions until this agreement is properly terminated. You may terminate the TOS provided that you have no outstanding payment or other obligations due to domainIQ. domainIQ may terminate the TOS and your access to domainIQ or Services at any time, with or without cause or notice, and without liability. Upon termination, you will no longer have access to Content, domainIQ's website, or Services. Notwithstanding termination of the TOS by you or by domainIQ, the provisions in this TOS shall remain in full force and effect.
YOUR USE OF DOMAINIQ AND/OR SERVICES, INCLUDING ANY DATA PROVIDED, IS AT YOUR SOLE RISK. The accuracy, condition, and availability of domainIQ and Services are provided on an "as is" basis. domainIQ expressly disclaims all warranties of any kind, express or implied, including, without limitation, any implied warranty of merchantability and fitness for a particular purpose. domainIQ makes no warranty that: (i) the information on domainIQ is correct, accurate, or reliable; (ii) the functions contained on domainIQ will be uninterrupted or error-free; or (iii) defects will be corrected, or that domainIQ’s website or the server that makes it available are free from viruses or other harmful components.
IN NO EVENT SHALL DOMAINIQ, ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH DOMAINIQ, THE SERVICES, OR THESE TOS (HOWEVER ARISING, INCLUDING GROSS NEGLIGENCE). Without affecting the limitations of liability in this section, the liability of domainIQ, and/or its affiliates, parents, subsidiaries, officers, directors, employees, and suppliers, to you or any third parties is limited in all circumstances to the lower of $1,000.00, or 6 months of subscription fees paid by you to domainIQ in the preceding 12-month period. You agree to indemnify, defend, and hold domainIQ and any parent, subsidiary, affiliate, officer, director, agent, and employee (each an "Indemnitee") harmless from any loss, liability, expense, claim or demand (including reasonable attorneys' fees) (collectively "Claim"), arising directly or indirectly out of or in connection with (i) any act or omission by you, including your use of domainIQ or any Services or your breach of these TOS or any other agreement with any third party or with domainIQ, including one incorporated by reference, (ii) your violation of any law or the rights of domainIQ or any third party, including any alleged or actual violation of any intellectual property or privacy rights, and/or (iii) any act or omission on the part of any Indemnitee (provided that you shall not be obligated to indemnify as to acts or omissions by Indemnitees to the extent such Claim arose as a direct consequence of an intentional act by such Indemnitee).
SUBJECT TO RIGHTS OF THE PARTIES TO SEEK INJUNCTIVE RELIEF OR SPECIFIC PERFORMANCE, ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH DOMAINIQ OR ANY SERVICE, INCLUDING WITHOUT LIMITATION, THIS OR ANY INCORPORATED AGREEMENT OR INTELLECTUAL PROPERTY RIGHTS SHALL BE RESOLVED ONLY BY BINDING ARBITRATION, CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION IN THE CITY OF TUCSON LOCATED IN THE STATE OF ARIZONA, USA, ACCORDING TO THE PROVIDER'S RULES. If either you or domainIQ elects, then notwithstanding any provider rules, where the total amount of award sought is less than $10,000, arbitrations shall be conducted without discovery and only by telephone, online, and/or based solely upon written submissions without in-person appearances of parties or witnesses.
Demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen (and in no event after one (1) year following date upon which the claim first arose). Notice shall be served upon all parties and the arbitration service. Any arbitrator shall be experienced in the subject matter concerned.
17.1 If any part of the TOS is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TOS shall continue in effect. Unless otherwise specified herein, these TOS constitute the entire agreement between you and domainIQ with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and domainIQ with respect to using the Services.
18.1 These TOS shall be governed by and construed in accordance with the laws of the State of Delaware, without application of principles of conflicts of laws.
18.2 All disputes arising out of or relating to the TOS shall be resolved exclusively in the United States District Court of Arizona located in Tucson, Arizona or, if such court lacks jurisdiction, in the appropriate state court located in Pima County, Arizona. The parties irrevocably submit to the personal jurisdiction of these courts and waive any objections based on venue or forum non conveniens.