User Agreement

This User Agreement (the “Agreement”) shall serve as the terms of use for the blog (“Blog”) provided by Dotster, Inc. (“Dotster”). Your use of the Blog signifies your consent to the Agreement. If you do not agree with the terms stated here, then you may not use the Blog.
1. Access to and use of the Blog are subject to the terms and conditions of this Agreement and all applicable laws and regulations, including those governing copyright and other intellectual property rights. Dotster and its affiliates may change this Agreement at any time without notice, and your continued use of the Blog signifies your consent to such changed terms.
2. For all content you post, you hereby grant to Dotster a royalty-free, irrevocable, perpetual, exclusive and fully sublicensable, worldwide license to use, reproduce, distribute, publicly perform, display, publish, adapt, modify and create derivative works of such content.
3. You agree not to post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, invasive of another’s privacy, infringing, hateful, or racially, ethnically or otherwise objectionable, encourages or promotes any illegal or criminal activity, violates the rights of others, contains or transmits any worm, virus or other code, program or routine that damages, interferes with, intercepts or expropriates any system, data or information, or violates any local, state, national, or international law. In posting or transmitting content you agree not to impersonate any person or entity or misrepresent an affiliation with any person or entity.
4. You agree that you are fully responsible for all content that you post. You will be responsible for and agree to defend, indemnify and hold harmless Dotster and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you post and/or your use of the Blog, your violation of this Agreement, or your violation of any rights of another.
5. Although Dotster and its affiliates may monitor or review postings, neither Dotster nor its affiliates are under any obligation to do so. You acknowledge that Dotster and its affiliates do not control the user-generated content and that any opinions, advice, statements, services, offers, or other information or content presented or disseminated by any user are those of the respective authors who are solely liable for their content. Dotster and its affiliates reserve the right, in their sole discretion, to edit, refuse to post, or remove any user-generated content.
6. The Blog is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. Dotster disclaims all express and implied warranties as to the Blog, including but not limited to all implied warranties of title, merchantability, fitness for a particular purpose, accuracy, and non-infringement. Neither Dotster nor its affiliates endorse or are responsible for the accuracy or reliability of any information, opinion, advice, or statement displayed on the Blog. The information, facts, opinions, and statements provided are no substitute for professional advice. The Blog is for informational purposes only.
7. Your use of the Blog is at your own risk. Neither Dotster nor any of its subsidiaries, affiliates, officers, agents, co-branders, or other partners, or employees shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive, or similar damages arising out of your use of, or your inability to access of use, the Blog and the information on the Blog or arising out of any action taken in response to or as a result of any information available on the Blog, regardless of whether Dotster has been advised of such damages. You hereby waive any and all claims against Dotster and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees arising out of your use of the Blog and the information available thereon. Some jurisdictions do not allow exclusions of incidental or consequential damages, so some of the above exclusions may not apply to you.
8. You should be aware that if you voluntarily disclose personal information (e.g., name, email address) in a posting, the information may be collected and used by others and may result in unsolicited messages from other parties.
9. If you believe that your intellectual property is being used without your permission in a way that constitutes copyright infringement, please notify us by submitting the following information pursuant to Section 512 of the Digital Millennium Copyright Act:
i) The name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”);
ii) Identification of the copyrighted work(s) claimed to be infringed;
iii) Identification of the infringing material the Claimant is asking us to remove or disable, and the Internet location of the infringing material;
iv) A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner, his agent or the law; and
v) The following statement: “I swear, under penalty of perjury, that the information in this notification of copyright infringement is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner concerning the exclusive right under copyright that is claimed to be infringed.”

Please submit your copyright violation claim in writing to:

Dotster
Attn: Contracts Administrator
8100 NE Parkway Drive, Suite 300
Vancouver, WA 98662
Fax: +1.360.397.2699

10. Any notice, approval, request, authorization, direction or other communication in connection with this Agreement (each, a “Notice”) by you must be made to Dotster by mail to: 8100 NE Parkway Drive, Suite 300, Vancouver, WA 98662 (USA). Any Notice to you by Dotster shall be deemed to have been delivered and given for all purposes if sent to the email address provided by you.
11. This Agreement shall be governed by the laws of the State of Washington without giving effect to principles of conflict of laws thereunder, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Any action to enforce this Agreement or any matter relating to your use of the Blog shall be brought exclusively in the Superior Court in Clark County, Washington, or if there is no jurisdiction in such court, then in the United States District Court for the Western District of Washington in Tacoma.
12. Dotster’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties not any trade practice shall act to modify any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall continue in full force and effect to the greatest extent permitted by law.
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