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e-Domainia.com Traffic Blazer end user license agreement |
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This Traffic Blazer End User License Agreement ("Agreement") is by and between e-Domainia.com, Inc ("e-Domainia.com"), an Arizona Corporation, and you, your heirs, assigns, agents and successors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of e-Domainia.com's Traffic Blazer Internet Traffic Optimization Service ("Traffic Blazer") and represents the entire Agreement between You and e-Domainia.com. By using e-Domainia.com's Traffic Blazer, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which e-Domainia.com may establish from time to time. You may view the latest version of this Agreement online.
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1. service
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e-Domainia.com grants You a non-exclusive license to use Traffic Blazer for such purposes as are ordinary and customary. You are free to use Traffic Blazer on any computer.
You may not alter or modify the Service. You are not authorized to combine Traffic Blazer with any other software program or application, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon Traffic Blazer. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the Traffic Blazer source code.
Traffic Blazer is an Internet search engine and directory site submission tool that simplifies the web site submission process. Traffic Blazer is intended to assist website operators in increasing traffic to their sites through search engine/directory submission and pre-submission optimization recommendations. Among other things, Traffic Blazer will give You:
- Basic instructions on website preparation;
- Basic web site analysis on meta-tags, page copy, keywords and title, as they pertain to submitted search phrases, as well as analysis on site attributes such as spiderability;
- The ability to extract or input basic website information and provides selectable auto-submission and manual submission capabilities to search engines and directories (free submission site options);
- Run reports on submission status (i.e., submitted, pending, or failed), as well as individual site details on status; and
- Access detailed information, online and downloadable, on search engines and search engine optimization;
You agree that any URL or web page you submit using Traffic Blazer must resolve to an operational web page and may not resolve to a DNS error, a 404 error or other error message. Your web page must be publicly accessible without the use of passwords or other access codes. Because of the spidering technology used in many search engines, Your web pages must not reside on a secure server or use any spider blocking technology. The description of Your web page must be relevant to the page content.
You represent and warrant that Your URL and/or web page(s) do not infringe the intellectual property rights of any third party. You further represent and warrant that e-Domainia.com, its search engine and directory partners, and each of them, have the right and license under any intellectual property rights You may have in Your URL and/or web page(s) to publicly perform, publicly display, and distribute any search listings generated by Traffic Blazer, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards. You further agree not to independently submit Your URL or web page to any e-Domainia.com ' search engine partner directly or by any other method.
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2. limitations
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Traffic Blazer is not intended to assist You in engaging in unlawful or morally objectionable activities. e-Domainia.com ' search engine partners reserve the right to refuse or remove any URL or web page from a search engine's index for any reason. Furthermore, e-Domainia.com explicitly reserves the right to terminate Your license if it comes to e-Domainia.com ' attention that You are using Traffic Blazer to enable or otherwise enhance Your participation in objectionable activities, which include, but are not limited to, the following: spamming or churning; activities designed to undermine the validity and/or credibility of search engine results; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United states and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way.
As used herein, the term "spamming" is intended to include, but not be limited to, the following: URLs which are intended to harm the accuracy or relevance of search engine results; URLs which merely forward visitors to another web page; URLs which infringe the intellectual property rights of third parties; URLs intended to artificially inflate the popularity of a web page; and, forms of spamming as the term is ordinarily and customarily understood in the search engine optimization industry.
e-Domainia.com expressly disclaims any guarantee of the level of success You will achieve by using Traffic Blazer. You understand that there is no guarantee that You will be listed by search engines, nor that You will achieve significant rankings. Furthermore, Traffic Blazer fees are non-refundable.
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3. e-Domainia.com's rights
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e-Domainia.com reserves all rights to the Service. Traffic Blazer and its underlying code are the intellectual property of e-Domainia.com. The source code and its organization are the exclusive property of e-Domainia.com Technology and Traffic Blazer is protected by copyright, including United States Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in Traffic Blazer and all rights are reserved by e-Domainia.com. e-Domainia.com expressly reserves the right to:
- Modify pricing through email notification.
- Terminate Your license for unsolicited, commercial email or spam; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that e-Domainia.com determines to be harmful to subscribers, operations, its reputation, or otherwise.
- Terminate Your license if Your use of Traffic Blazer results in, or is the subject of, legal action or threatened legal action against e-Domainia.com or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be made solely by e-Domainia.com, and in so doing, e-Domainia.com shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.
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4. liability & indemnification
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e-Domainia.com provides Traffic Blazer "as is" and without warranty or guarantee of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall e-Domainia.com be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if e-Domainia.com has been advised of the possibility of such damages arising from any defect or error in the Software.
You shall indemnify, defend by counsel reasonably acceptable to e-Domainia.com, protect and hold e-Domainia.com harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of Traffic Blazer.
Neither e-Domainia.com nor its affiliates nor any of its employees shall assume responsibility for or be held liable for the acts or omissions of third parties, which include the search engine and directory site submission services. There shall be no refunds for any reason at any time. In no event shall e-Domainia.com, its affiliates, or employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the third party services, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
e-Domainia.com does not endorse the services of any third parties associated with the Traffic Blazer site submission services, and it is not responsible for any off-site web pages referenced
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5. severability
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You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
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6. venue; waiver of trail by jury
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This agreement shall be deemed entered into the state of Arizona. the laws and judicial decisions of Maricopa county, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Maricopa county, Arizona.
You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.
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7. notices
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You agree that all notices (except for notices concerning breach of this Agreement) from e-Domainia.com to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with e-Domainia.com. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to e-Domainia.com shall be made either by email, facsimile, or mailed to the address we provide on our Web site, or first class mail to our address below. They shall be deemed to be delivered when received by e-Domainia.com through first class mail the date they are received, or when sent by facsimile.
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Revised: 9/02/2004
Copyright ©
2002-2004
All Rights Reserved.
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