Terms of Service

This Agreement ("Agreement") is by and between Domainer Inc. an Ontario registered corporation located in Toronto, Ontario, Canada and You, Your heirs, agents, successors and assigns ("You" or "User") and is effective upon the earlier of: (i) Your first use of the Domainer.com web site ("the Site") for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.

The following sets forth the terms and conditions of Your use of the Site and services ("Services") and explains Domainer Inc.'s obligations to You and Your obligations to Domainer Inc. in relation to the Site and Services You utilize. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before You may use the Site or the Services or become a registered user of the Site.

  1. Modification

    We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 am on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site. The posting date and effective date for this Agreement are noted at the bottom of this document. In the absence of an Effective Date, the Effective Date is assumed to be the date the amended terms are posted on the site.

  2. Eligible Users

    Use of the Site and Services is restricted to persons: at least 18 years old or a legitimate business entity officially registered in your respective region. If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. If You are not yet 18, do not have the capacity to enter into contracts, if You are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, You do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email Domainer Inc. at info@Domainer.com to make arrangements, although no such access can be guaranteed.

    Accessing Domainer Inc.'s services, products or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this Site, from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.

  3. Acceptable use

    1. User Accounts

      If You violate the Acceptable Use terms described herein, Domainer Inc. may, in its sole discretion, with or without notice, terminate Your access to the Site and Services. You are allowed to create one (1) user account with Domainer Inc. Your right to use the Site is personal to You. It is not permitted to provide value-added service numbers as telephone numbers for a Customer Account. Furthermore, Domainer Inc. reserves the right to forbid the use of freely available email addresses as the email address for a user account.

      As a condition of Your use of the Site, You warrant to Domainer Inc. that You will not use the Site for any purpose that is unlawful, or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including but not limited to copying and/or providing screen shots, which are copyrighted material owned by Domainer Inc.); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.

      In addition, You hereby represent and warrant that:

      1. You are an eligible user;
      2. You have provided accurate and complete information in connection with Your registration and use of the Site (all such information collectively referred to as "Your Information"), and
      3. You will update Domainer Inc. to ensure that Your Information remains accurate and complete.
    2. Use of the Site and Services

      You may not use the Site or the Services provided through or in connection with the Site to:

      1. defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      2. conduct or forward illegal contests, pyramid schemes, or chain letters;
      3. publish, post, distribute, disseminate or link to any:
        1. inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information;
        2. software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, control such rights or have received all necessary consents for Your use of such software and other materials;
        3. software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or programs);
      4. sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that:
        1. You cannot legally sell,
        2. are misrepresented, and/or
        3. if sold, would cause You and/or Domainer Inc. to violate any law, statute or regulation;
      5. harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties;
      6. restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site;
      7. use a Domain in connection with Your use of the Site that is confusing or misleading to other Users or to the public;
      8. email or otherwise transmit, distribute, publish or disseminate any "junk email," "Spam," "chain letters," "pyramid schemes," or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise);
      9. violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or
      10. violate any applicable government laws or regulations. Domainer Inc. does not condone or allow Spam. Domainer Inc. will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy.

      You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, You remain solely responsible for Your Information.

    3. Privacy

      Protecting Your privacy and the personal information You provide us is a top priority at Domainer Inc.. For this reason, Domainer Inc. does not sell or rent Your personal information to third parties for marketing purposes without Your explicit consent. At Domainer Inc., we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect Your personal information. Please read the Domainer Inc. Privacy Policy, located at http://www.domainer.com, to learn more about the policies and procedures Domainer Inc. has put in place to achieve this goal.

      You agree not to share any information provided to You by or on behalf of Domainer Inc. with any third party except as expressly permitted herein. If You sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by Domainer Inc. via the Site or offered by the Site, You may not:

      1. use or acquire, or have any other person use or acquire on Your behalf, the products or services of the Services or the Site for which You offer competing or substitute products or services; or
      2. advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with Your use of the Services or the Site.

      Domainer Inc. is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, Domainer Inc. reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Domainer Inc.'s sole discretion, without notice at any time.

    4. Violations

      Domainer Inc. may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice.

      You are responsible for safeguarding the confidentiality of Your password(s) and login name(s) issued to You by Domainer Inc., and for any use or misuse of Your account or the Services or the Site resulting from any third party using a password or login name issued to You.

      You agree that You will notify Domainer Inc. immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.

    5. Fees

      Except as otherwise noted, creating a user account with Domainer Inc. is free. We may charge fees for certain development and creative Services and You will be given an opportunity to review and accept the fees that will be charged in connection with such Services. You are responsible for all applicable taxes (except for Domainer Inc.'s income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or Your activity conducted through the Site. Domainer Inc. may, in its sole discretion, add, delete or change any of the Services provided or fees charged by Domainer Inc.. No advance notice is required for any prospectively-effective change in Services offered or fees charged therefore.

      Unless otherwise stated, all fees and currency amounts are quoted in US Dollars.

    6. Services and Term

      1. Description of Service

        Domainer Inc. Service hosts applications meant to be configured and displayed on User web sites. Applications are meant to be run on domain names or subdomains owned and controlled by the User. The applications are intended to display data and information from a variety of third party services. The User is responsible for adhering to any additional terms that may be dictated by said third parties. The User must follow instructions provided on the Site to point any configured domain name or subdomain to the Domainer Inc. service. Properly configured applications will also run on a subdomain of the Domainer.com domain name. Domainer Inc. reserves the right to stop resolving and serving sites and applications hosted on subdomains of the Domainer.com domain name at any time.

      2. Costs

        See article 4 above.

      3. User Obligations

        Users who utilize the Service are obligated and solely responsible for verifying that their use of the Service with his/her domain names does not and will not violate the rights of any third parties, including, but not limited to, trademark rights, naming rights, and rights protected by unfair competition laws. Users are also solely responsible for verifying that their use of the Service does not violate any existing agreement into which they have entered with a third party. In addition, should User receive notice from a third party regarding their use of Domainer Inc.'s Service the User is obligated to immediately contact Domainer Inc. and provide any material related to such notice.

        USER HEREBY INDEMNIFIES Domainer Inc. IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST Domainer Inc. IN RELATION TO USER’S VIOLATION OF THESE OBLIGATIONS.

      4. Notice of Potential Violation of Third Party Rights

        In the event that Domainer Inc. has been notified by a third party that User's use of the Domainer Inc. Service may infringe the rights of a third party, Domainer Inc. reserves the right to immediately suspend the Domainer Inc. Service without prior notice and to prohibit the User from using the affected domain name with the Domainer Inc. Service.

      5. Revenue Sharing and Traffic Sharing

        Certain applications on the Site provide for Users to enter their partnership codes from third party revenue generating programs. It is the solely the responsibility of the User to provide these codes accurately.

        While use of these applications is free to the User, Domainer Inc. may participate in the revenue generation of individual applications by inserting its codes in rotation with those that the User provides. In such cases, Domainer Inc. will communicate this intention on the configuration screen of the individual application. The User agrees that this is an acceptable practice and has no claims whatsoever on any revenue and or/damages which may result from the insertion of codes into applications configured by the User.

        Payment of any revenues that result from the use of any application configured on the Site is the responsibility of the third party offering such payment and is subject to any agreement into which the User may have entered with the third party.

        Domainer does not maintain or track any data with respect to payments and revenues generated by use of the Site.

      6. Suspicion of "Fake Traffic" and Consequences

        Domainer Inc. actively monitors sites and applications created on its platform for “fake traffic”. Fake traffic is hereby defined as statistically measured visits to a site utilizing the Domainer Inc. Service and/or clicks on an advertising banner or advertising link being displayed on said site, which are produced by anyone besides a living individual with good-faith intent to inquire about the subject matter being displayed on the configured application and displayed on the web address configured by the User.

        Upon reasonable suspicion that a User is sending Fake Traffic to any application configured on the Site, Domainer Inc. reserves the right, without prior notice and at Domainer Inc.'s sole discretion to remove any or all of the User's sites and applications from the Domainer Inc. Service, and/or suspend or delete the User's account.

      7. Right to Terminate Service

        Domainer Inc. and User reserve the right to terminate provision of the Domainer Inc. Service at any time, without notice or reason.

      8. Limitation of Liability and Warranty Disclaimer

        Domainer Inc. does not guarantee the success of any content and advertising links displayed on Users’ configured applications. Furthermore, Domainer Inc. does not guarantee any specific engagement rates, cost-per-click prices, cost-per-action prices, or cost-per-impression prices on its applications, which User hereby recognizes fluctuate dependent upon market forces.

        Domainer Inc. IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY PARTNERS OR ADVERTISERS THROUGH THE Domainer Inc. SERVICE. Domainer Inc. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.

      9. Intellectual Property

        Domainer Inc., its content partners, and its advertising providers maintain all right, title and interest, including without limitation all Intellectual Property Rights relating to the Domainer Inc. Service. Any rights not expressly granted herein are reserved. User shall not, and shall not allow any third party to:

        1. modify, adapt, translate, prepare derivative works from, decompile (accept to the extent allowed by law), reverse engineer, disassemble, or otherwise attempt to derive source code from the Domainer Inc. Service, or any other technology or documentation obtained from the Domainer Inc. Service;
        2. crawl, index or in any non-transitory manner store or cache information obtained from the Domainer Inc. Service; or
        3. engage in any action or practice that reflects poorly on Domainer Inc. or its partners.

        User owns all proprietary rights to their domain names and any content placed on websites that originated from the User. The User shall be obliged to ensure and guarantee that any and all contents used or provided by the User may be used for such purpose. User represents and warrants that all required licenses have been acquired and no rights of third parties, including, but not limited to, trademarks, copyrights, proprietary rights, or other applicable laws are violated.

        THE USER HEREBY INDEMNIFIES Domainer Inc. IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST Domainer Inc. IN RELATION TO THE USER’S VIOLATION OF THESE OBLIGATIONS.

    7. Liability Disclaimer and Indemnification

      Domainer Inc. is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by Domainer Inc. or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the Domainer Inc. Site. By providing access to other web Sites, neither Domainer Inc. nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.

      YOU AGREE THAT USE OF Domainer Inc.'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. Domainer Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Domainer Inc. MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES Domainer Inc. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY Domainer Inc. IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM Domainer Inc. OR THROUGH THE SERVICES PROVIDED BY Domainer Inc. SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.

      You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or Domainer Inc.'s products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

      IN NO EVENT SHALL Domainer Inc., ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Domainer Inc.'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:

      1. THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND
      2. $100.

      YOU AGREE TO INDEMNIFY AND HOLD Domainer Inc. AND (AS APPLICABLE) Domainer Inc.'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

    8. Intellectual Property

      All content, database information, data and services available on, and collected as a whole through this Site are property of Domainer Inc., its affiliates, advertisers and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in Canada and in any other jurisdiction. All rights not expressly granted herein are fully reserved by Domainer Inc., its affiliates, advertisers, and licensors. Domainer Inc.'s licensors' or other third party materials, services or products referenced on this Site are common law or registered trade marks or service marks of such parties.

      Solely to enable Domainer Inc. to use Your Information, so that we are not violating any rights You might have in such information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information. Domainer Inc. will only use Your Information in accordance with our Privacy Policy.

      If You believe that Your work has been copied and is accessible on the Site or on a User’s website in a way that constitutes copyright infringement, notify Domainer Inc. (info at Domainer dot com) in writing and provide the following information; Your name; Your email address; Your mailing address; Your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and Your relationship to the owner of the allegedly infringed work.

      All contents of the Site are: Copyright © 2009 Domainer Inc. and/or its suppliers. All rights reserved.

      Any rights not expressly granted herein are reserved by Domainer Inc..

    9. Term and Termination

      Until and unless terminated by You or Domainer Inc., Your status as an eligible or registered user will continue indefinitely, and fees for services will be charged as described herein (see Section 4, Fees). Domainer Inc. may terminate this Agreement and Your access to the Site and related Services at any time, with or without cause, and with or without notice.

      Upon termination of Your right to use the Site, You will no longer have access to any data or information You had previously created, maintained, managed, or stored in the Site or Domainer Inc.'s systems. Domainer Inc. is under no obligation to maintain any such data or information.

      Your obligations pursuant to Section 3 (Acceptable Use), Section 4 (Fees), Section 6 (Liability Disclaimer and Indemnification), Section 7 (Intellectual Property), Section 8 (Term and Termination), and Section 9 (General) shall survive the termination of this Agreement and Your right to use the Site.

    10. General

      Domainer Inc. manages the Site from its offices in Toronto, Ontario, Canada. This Agreement is governed by the laws of the Province of Ontario, Canada, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in Toronto, Ontario in all disputes arising out of or relating to the Site. In addition, You hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by You against Domainer Inc. or its affiliates in any dispute arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Domainer Inc. as a result of this Agreement or use of the Site. Domainer Inc.'s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Domainer Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Domainer Inc. with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Domainer Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Domainer Inc. with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Domainer Inc. to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense Your rights hereunder to any third party. At any time, Domainer Inc. may, in its sole discretion and without providing notice or obtaining Your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

    1. Domainer Inc. Contact Information

      Domainer Inc.
      192 Spadina Avenue, #402
      Toronto, ON M5T 2C2
      Tel: 416-203-9095
      Fax: 866-737-0866
      Email: info (at) domainer.com
      Effective Date: April 1, 2009