DomainDLX Terms of Service

Agreement Between User/Member and DomainDLX.com

A violation of any of the below Terms of Service will result in the termination of your account, with or without warning.

Thank you for using the services of DomainDLX.com. We are a private service that provides free web hosting.  We offer our members 100 Mb of web space, access to ASP (active server page), Database Connectivity, and many great features.  DomainDLX.com reserves the right to cancel any account for any reason or no reason at all.  Furthermore, DomainDLX.com provides web hosting to any site that abides to our terms and conditions.  Failure to abide to these rules will result in account termination.  Furthermore, any one who conducts illegal activities may be prosecuted and personal information disclosed to the appropriate authority.   DomainDLX.com reserves the right to change the terms and conditions at any time and it is the member’s responsibility to check for any updates of these terms.  You are entirely liable for all activities conducted through your account.

Your use of the DomainDLX.com Website and Services is conditional upon your acceptance without modification of the terms, conditions and notices contained herein. Your use of our Services constitutes your agreement to all such terms, conditions and notices.

The following rules apply while using DomainDLX.com services:

1. Sign Up - Basic Terms

1.1          Upon approval of your application you will become a member of DomainDLX.com.

1.2          You agree to provide and maintain accurate, complete and updated contact information with DomainDLX.com.

1.3          The DomainDLX.com Services are currently offered free of charge to members and we are able to offer you these services through the support of various advertising initiatives. We reserve the right to make such Services advertiser supported on your website, including but not limited to placement of advertising banners, textlinks, search boxes, pop-ups, pop-unders and exit windows.

1.4         In exchange for membership privileges you agree to receive our periodic newsletters and information on offers and promotions from our affiliates and partners at any time.

1.5       DomainDLX.com does not issue credits for outages incurred through service disablement resulting from Terms of Service violations.

2. Modification of Terms of Service

2.1          We reserve the right to change the terms and conditions of this agreement at any time without prior notice. Such changes will be posted on our web site at www.DomainDLX.com. You agree to review any changes to this agreement and, if such changes are not acceptable to you, immediately terminate your use of the DomainDLX.com service. If you continue to use the DomainDLX.com service after the effective date of such changes, such use will constitute acceptance of the changes.

3. Modifications to DomainDLX.com Service

3.1          By accepting this Agreement, you hereby acknowledge and agree that, in our sole discretion, we may modify or discontinue, temporarily or permanently, any aspect of the DomainDLX.com Service at any time with or without prior notice, including, without limitation, modification or discontinuance of advertising, content and applications appearing as part of the DomainDLX.com Service. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the DomainDLX.com Service.

4. Domain Registration

4.1          You understand and acknowledge that DomainDLX.com is not itself a registrar of domain names, but may offer such registration services on its Website as a service to its members by providing registration pages and links to official sellers and registrars of domain names. Members are under no obligation to use any of the domain registration services available at DomainDLX.com. If you use any of the domain registration services on the DomainDLX.com Website you will also be subject to the terms and conditions of the registrar for such domains.

4.2          You understand and acknowledge that you will also have to pay an annual registration fee per domain name to your designated registrar to maintain the registered status of each domain. The fees vary from registrar to registrar. If you direct one or more domain moves, you understand and acknowledge that you must continue to pay the yearly registrar fees for your domain(s) to maintain registered status of each domain, and that moving your domain to 1ASPHost's network in no way alters your payment obligations to your registrar.

4.3          Once a domain is registered in your name, or moved to 1ASPHost's network, you are considered the registrant of the domain, and assume all responsibility for any and all trademark disputes, infringements, maintenance fees or other obligations or liabilities related to the domain. You shall not include us in any such dispute and we reserve the right to raise any and all defenses and take other appropriate action to protect our interests. You agree to indemnify and hold harmless DomainDLX.com.

4.4          In the event that a conflict arises between a DomainDLX.com member account holding a domain name and the listed registrant of said domain name, 1ASPHost will move, edit or otherwise shift control of the use of the domain name within the DomainDLX.com database to the Admin Contact and/or Registrant listed in the Whois database at its discretion.

5. Privacy

5.1          DomainDLX.com adheres to a Privacy Statement and will not release any confidential information about you unless required by law or regulatory authority or while assisting an investigation concerning fraud. You acknowledge that some of your contact information will be attached to your domain(s) and will therefore become publicly available. To review our Privacy Statement, click here.

6. No Unlawful or Prohibited Use, Spam and Termination

6.1          DomainDLX.com servers may be used for lawful purposes only. As a condition of your use of the DomainDLX.com Services, you agree that you will not use our Website for any purpose that is unlawful, illegal or prohibited by these Terms of Services, or our other terms, conditions or notices. You agree that you will not modify, copy, distribute, transmit, reproduce, publish, license, transfer, store, sell or create derivative works from, any data, software, Services or products obtained through our Website. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots. Such misuse can result in the cancellation of your entire account and the blacklisting of your domains without notice. You or DomainDLX.com may terminate your Account at any time for any reason.

6.2          You agree that you will not use our Services to conduct any activity or solicit the performance of any activity that is prohibited by law or by regulatory authorities. You further agree that you will not use our Services in any manner that could disable, damage, overburden or impair our Website. We reserve the right, at our sole discretion, to deny access at any time to users who breach our policies or cause other abuses which we deem disruptive to the DomainDLX.com or the Internet community at large.

6.3          We reserve the right to decline the registration or domain moves of adult-oriented domains and to revoke without refund any Services which we, in our sole judgment, deem are being used for any unlawful purpose, or to promote adult-oriented or "offensive" material, or as a source of unsolicited bulk e-mail, or as an address to use for replying to unsolicited bulk e-mail, or in a manner injurious to our members, their reputation or the business reputation of the DomainDLX.com. This policy also applies to Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.). This policy will not apply to e-mail return addresses used without the owner's consent or knowledge. Under no circumstances will we interfere with your ownership of your registered Domain.

6.4          The following are grounds for immediate termination of service without notice:

6.4.1       Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic) using a DomainDLX.com hosted domain.

6.4.2       Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider and using a DomainDLX.com hosted domain as a response address. DomainDLX.com will be the sole arbiter as to what constitutes a violation of this provision. Members are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a Web site hosted on a DomainDLX.com server. Violators may be assessed a minimum administration fee of $250 and will face immediate suspension.

6.4.3       Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses ("spamware"). Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

6.4.4       Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or DomainDLX.com.

6.4.5       Impersonating another user or otherwise falsifying one's identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service.

6.4.6       Using a DomainDLX.com hosted domain to point to or otherwise direct traffic to any material that, in the sole opinion of DomainDLX.com, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of DomainDLX.com, to be threatening or obscene or inappropriate is considered misuse of service.

6.4.7       A DomainDLX.com hosted domain is violating our terms if it is used to point to adult material, pornographic, obscene, nude, graphically violent, and other inappropriate images, or any material that, in the sole opinion of DomainDLX.com, is considered inappropriate, if the domain, in the sole opinion of DomainDLX.com:

           a) does not contain an obviously adult term
           b) contains misleading terms, or
           c) is likely a typo for another domain,
           d) infers sexual content or provides links to adult content elsewhere, or
           e) is not consistent with the prior use of the domain by a previous owner

6.4.8        Offensive and indecent material, in the sole discretion of DomainDLX.com

6.4.9    Image-only sites. If your site is a collection of images from your digital camera or similar your site WILL be removed. We want sites with real content.

6.4.10  Sites used primarily for storage will be removed from our servers. This is site hosting, not file storage. 

6.4.11  DomainDLX.com membership will be revoked and legal action taken if any of the following activities occur: 

a)         Adult or Pornographic related
b)         Warez Software related
c)         Music Piracy Related
d)         ROMS & emulators Related
e)         Hacking Related
f)          Making available copyrighted software which has been "cracked" (e.g., copyright protection for the software has been removed)
g)         Making available serial numbers for software, which can be used to illegally validate or register software.
h)         Making available tools that can be used for no purpose other than "cracking" software.
i)          Sites containing or dealing with viruses
j)          Spamming
k)         Anything related to illegal activity

6.4.12  We do not allow any type of programs, software, or MP3 files on our server.  Also hotlinking is not allowed.

6.4.13  Sites that utilize an abnormal amount of our resources will be removed.  This includes, CPU, memory, bandwidth, and excessive use of auto refresh.

6.4.14 Sites that do not have any activity for 2 months are removed from our networ

6.4.15  Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

6.4.16  Server Resources. Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) may be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or will be automatically disabled to preserve our infrastructure. Any Web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

6.4.17       Using a DomainDLX.com hosted domain that, in our sole opinion, has been used for the following (but not limited to) activities:

        Transmitting Unsolicited Commercial e-mail (UCE)

        Transmitting bulk e-mail

        Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist

        Posting bulk Usenet/newsgroup articles

        Denial of Service attacks of any kind

        Excessive use of the web forwarding service

        Excessive use of the mail forwarding service

        Copyright or trademark infringement

        Reselling or attempting to resell DomainDLX.com services

        Unlawful or illegal activities of any kind

        Promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse)

        Causing loss/outages or creating service degradation for other DomainDLX.com users whether intentional or inadvertent.

6.5          We reserve the right, in our sole discretion, to suspend or terminate your access to our Website and the related Services or any portion thereof, at any time, without notice. We will terminate for any breach of our terms of service or for any activity that constitutes an unlawful or prohibited use as described herein.

6.6          Member understands that service being terminated to a domain under any terms of this agreement is grounds for termination of related domains on the system under the same login or related logins or domains sharing common contact records in the whois database and that such termination can occur without notice.

6.7          We do whatever we can to prevent the sending of unsolicited bulk e-mail messages. If you intend to use our Services to spam the Internet community, please do not register with us.

6.8          DomainDLX.com reserves the right to reject any e-mail to or passing through a DomainDLX.com hosted domain or any DomainDLX.com computer from any user, domain, provider, IP address/netblock, or company that engages in, permits, or allows itself to be used for spamming.

7.  No Warranties/Limited Liability/Indemnification

7.1          The DomainDLX.com service 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 the DomainDLX.com service will meet your requirements, the DomainDLX.com Service will be uninterrupted, timely, secure or error-free, or any implied warranties of merchantability, fitness for any particular purpose or non-infringement. Your use of the DomainDLX.com Service is entirely at your own risk. You understand and agree that any content downloaded or otherwise obtained through the use of DomainDLX.com service is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such data content. 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.

7.2          You represent and warrant that any material which you place or permit to be placed on the DomainDLX.com service with or without your authority, or on the Internet and/or the Web through DomainDLX.com's service, including your domain name(s), will not violate the rights of any third party and will not give rise to any claim of such violation, violate any federal, state or local law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls, or contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, worms, viruses or the like. In cases where you have allowed any other individual to use your Account or have negligently made your password publicly available, you recognize that you are fully responsible for: (i) the online conduct of such user; (ii) controlling the users access to and use of DomainDLX.com services; and (iii) the consequences of any misuse. You further recognize that you, as the holder of the Account, are entirely responsible for activities conducted through such Account. You shall indemnify and hold DomainDLX.com and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) arising out of any breach by you of any of the representations, warrantees or agreements set forth in these Terms and Conditions.

7.3          YOU AGREE THAT 1ASPHOST.COM WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN SERVICES IN YOUR NAME; (B) USE OF YOUR DOMAIN BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY YOUR DOMAIN; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND 1ASPHOST.COM’S REASONABLE CONTROL; (G) THE PROCESSING OF THIS APPLICATION; OR (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED.

7.4          1ASPHOST.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF 1ASPHOST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1ASPHOST.COM’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR USE OF OUR SERVICES.

7.5                SHOULD THIS AGREEMENT OR A DISPUTE POLICY BE AMENDED IN SUCH A MANNER THAT YOU DO NOT ACCEPT OR AGREE TO, YOUR SOLE REMEDY WILL BE TO CANCEL YOUR DOMAIN SERVICES.

7.6          Indemnification. You agree to defend, indemnify and hold DomainDLX.com and all of their respective current and former officers, directors, members, shareholders, agents, and employees harmless from any claims, losses, damages, causes of action, liabilities and expenses (including attorneys’ fees) related to or arising out of acts or omissions of you or your employees, directors, shareholders, members, officers, agents, subsidiaries, affiliates, and/or breach of any of the foregoing representations and warranties.

8. Ownership of Data

8.1          You agree and acknowledge that DomainDLX.com owns all rights, title and interests to all database compilation in our domain name database and all information and derivative works generated from the domain name database. DomainDLX.com does not have any ownership interest in your specific personal registration information or in your registered Domain. DomainDLX.com does not have any ownership interest in the materials you provide, post, upload, input or submit to our Website.

9. Copyright and Trademark Notices

9.1          All contents of our Website are Copyrighted by DomainDLX.com and its parent corporation. All rights reserved. Except as otherwise agreed in writing, DomainDLX.com owned content received through our Website may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to modify, copy, distribute, transmit, reproduce, publish, license, transfer, sell or create derivative works from the content received through our Website to anyone, without our express prior written consent. Trademarks or copyrights of Third parties mentioned on our Website or hyper linked there from are the registered trademarks and copyrights of their respective owners. Content owned by licensors of DomainDLX.com may be subject to additional restrictions. Any rights not expressly granted herein are reserved.

9.2       Copyright Violations. The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify DomainDLX.com of an infringement of your copyright, the DMCA requires that you:

a) Send your notification to DomainDLX.com's designated agent. You may choose any of the following three avenues for this notification:

i) Email to: abuse@DomainDLX.com

ii) Fax to: DomainDLX.com, Attention: Abuse at (360) 253-4234

iii) Mail or courier to DomainDLX.com, Attention: Abuse, 11807 NE 99th Street, Suite 1100, Vancouver, WA 98682

b) Include in your notification the following information:

            i) A 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 have been infringed

            iii) Identification of the material claimed to infringe the copyright(s), and enough information for DomainDLX.com to locate it

            iv) The Claimant's name, address, and telephone number(s)

            v) A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent

            vi) A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

10. General

10.1        This agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of DomainDLX.com. This agreement, together with all approved modifications, constitutes the entire and exclusive agreement between you and DomainDLX.com and supercedes all prior proposals, agreements and other communications.

10.2           You agree that this agreement does not create any agency, partnership, or other form of joint enterprise between you and DomainDLX.com or its affiliated companies.

10.3        DomainDLX.com may assign this agreement and/or its responsibilities under this agreement at any time.  You may not assign this agreement, in whole or in part, without 1ASPHost’s written consent. Any attempt by you to assign this Agreement without such consent will be null and void and may result in this agreement being void, at 1ASPHost’s discretion.

10.4        The failure of DomainDLX.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by DomainDLX.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

10.5        Force Majeure. Without limiting the foregoing and except for payment obligations, DomainDLX.com shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

10.6        Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Washington, USA. Any action to enforce this Agreement or any matter relating to your use of the Website 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.

10.7        In the event that any provision of this agreement is held invalid or unenforceable, such invalidity or unenforceability shall not render this Agreement invalid or unenforceable as a whole.

10.8        You agree that any notices required to be given under this Agreement by DomainDLX.com to you will be deemed to have been given if delivered in accordance with any of the contact information you have supplied.