In this Service Agreement ("Agreement") "you" and "your"
refer to each customer, "we", us" and "our" refer to
FindGo.com inc. and Services refers to the services provide by us. This Agreement
explains our obligations to you, and explains your obligations to us for various Services.
By selecting our Services you have agreed to establish an accountwith us for such
Services. When you use your account orpermit someoneelse to use it to purchase or
otherwise acquire access to additional Services or to cancel your Services (even if we
were not notified of such authorization), this Agreement covers such service or actions.
By using the Services under this Agreement, you acknowledge that you have read and agree
to be bound by all terms and conditions of this Agreement and any pertinent rules or
policies that are or may be published by us.
SELECTION OF A DOMAIN NAME.
We cannot and do not check to see whether the domain name you select, or the use you make
of the domain name, infringes legal rights of others. We urge you to investigate to see
whether the domain name you select or its use infringes legal rights of others, and in
particular we suggest you seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection with your domain name. You
should be aware that there is the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should be aware that if we are sued or
threatened with lawsuit in connection with your domain name, we may turn to you to hold us
harmless and indemnify us.
FEES, PAYMENT AND TERM.
As consideration for the services you have selected, you agree to pay us the applicable
service(s) fees. All fees payable hereunder are non-refundable unless we provide
otherwise. As further consideration for the Services, you agree to: (1) provide certain
current, complete and accurate information about you as required by the registration
process and (2) maintain and update this information as needed to keep it current,
complete and accurate. All such information shall be referred to as account information
("Account Information"). You hereby grant us the right to disclose to third
parties such Account Information. The Registrant, by completing and submitting the Domain
Name Registration Agreement ("Registration Agreement"), represents that the
statements in its application are true and that the registration of the selected Domain
Name, so far as the Registrant is aware, does not interfere with or infringe upon the
rights of any third party. The Registrant also represents that the Domain Name is not
being registered for any unlawful purpose. FindGo.com may or may not register a domain for the full term
as requested and charged to the client during initial registration process. If a domain is
not registered for the full term as requested and charged to the client,
FindGo.com will renew the
domain as necessary for the duration of the term.
MODIFICATIONS TO AGREEMENT.
You agree, during the period of this Agreement, that we may: (1) revise the terms and
conditions of this Agreement; and (2) change the services provided under this Agreement.
Any such revision or change will be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our web site, or on notification to you
by e-mail or regular mail as per the Notices section of this agreement, Section 20. You
agree to review our web site, including the Agreement, periodically to be aware of any
such revisions. If you do not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by e-mail or regular mail as per
the Notices section of this agreement, Section 20. Notice of your termination will be
effective on receipt and processing by us. You agree that, by continuing to use the
Services following notice of any revision to this Agreement or change in service(s), you
abide by any such revisions or changes. You further agree that we, in our sole discretion,
may modify our Dispute Policy at any time. You agree that, by maintaining the reservation
or registration of your domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. You acknowledge that if you do not
agree to any such modifications, you may request that your domain name be deleted from the
domain name database.
MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must use your Account
Identifier and Password that you selected when you opened your account with us. Please
safeguard your Account Identifier and Password from any unauthorized use. In no event will
we be liable for the unauthorized use or misuse of your Account Identifier or Password.
DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by our current Domain Name Dispute Policy
("Dispute Policy") which is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy may be found at the
site: http://www.findgo.com. Please
take the time to familiarize yourself with such policy.
DOMAIN NAME DISPUTES.
You agree that, if the registration or reservation of your domain name is challenged by a
third party, you will be subject to the provisions specified in the Dispute Policy in
effect at the time of the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless pursuant to the terms
and conditions contained in the Dispute Policy. For any dispute, you agree to submit to
the jurisdiction of the courts of your domicile, the courts of the geographic location
indicated by your WHOIS information for your domain name, and the courts of the PROVINCE
You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.)
purchased our Services on your behalf, you are nonetheless bound as a principal by all
terms and conditions herein, including the Dispute Policy.
We reserve the right to distribute information to you that is pertinent to the quality or
operation of our services and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing changes, upgrades,
new products or other information to add security or to enhance your identity on the
LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). We and our contractors shall not be
liable for any direct, indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the Services or for the cost of procurement of
substitute services. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states, our liability is
limited to the extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting from access delays or
access interruptions; (2) loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your Account Identifier or Password; (5)
loss or liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or liability resulting
from the development or interruption of your Web site or email service. The registrant
agrees that we will not be liable for any loss of registration and use of registrant's
domain name, or for interruption of business, or 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 we have
been advised of the possibility of such damages. In no event shall our maximum liability
exceed five hundred ($500.00) dollars.
You agree to release, indemnify, and hold us, our contractors, agents, employees,
officers, directors and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising under this Agreement,
the Services provided hereunder or your use of the Services, including without limitation
infringement by you, or someone else using the E-mail Service with your computer, of any
intellectual property or other proprietary right of any person or entity, or from the
violation of any of our operating rules or policy relating to the service(s) provided. You
also agree to release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with suit by a third party, we may
seek written assurances from you concerning your promise to indemnify us; your failure to
provide those assurances may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
You agree that failure to abide by any provision of this Agreement, any operating rule or
policy or the Dispute Policy provided by us, may be considered by us to be a material
breach and that we may provide a written notice, describing the breach, to you. If within
thirty (30) calendar days of the date of such notice, you fail to provide evidence, which
is reasonably satisfactory to us, that you have not breached your obligations under the
Agreement, then we may delete the registration or reservation of your domain name or
terminate your e-mail account without further notice. Any such breach by you shall not be
deemed to be excused simply because we did not act earlier in response to that, or any
other breach by you.
You agree that, by registration or reservation of your chosen domain name, such
registration or reservation does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
DISCLAIMER OF WARRANTIES.
You agree and warrant that the information that you provide to us to register or reserve
your domain name or register for other Services is, to the best of your knowledge and
belief, accurate and complete, and that any future changes to this information will be
provided to us in a timely manner according to the modification procedures in place at
that time. You agree that your use of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is," "as available" basis.
we expressly disclaims all warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free;
nor do we make any warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information obtained through the
our e-mail service or that defects in the Services software will be corrected. You
understand and agree that any material and/or data downloaded or otherwise obtained
through the use of the our e-mail service is done at your own discretion and risk and that
you will be solely responsible for any damage to your computer system or loss of data that
results from the download of such material and/or data. We make no warranty regarding any
goods or services purchased or obtained through the e-mail service or any transactions
entered into through the e-mail service. No advice or information, whether oral or
written, obtained by you from us or through the e-mail service shall create any warranty
not expressly made herein. Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to you.
You agree that we may delete your domain name or terminate your right to use other
Services if the information that you provided to register or reserve your domain name or
register for other Services, or subsequently to modify it, contains false or misleading
information, or conceals or omits any information we would likely consider material to our
decision to register or reserve your domain name. You agree that we may, in our sole
discretion, delete or transfer your domain name at any time.
RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to register or reserve your chosen
domain name or register you for other Services, or to delete your domain name within
thirty (30) calendar days from receipt of your payment for such services. In the event we
do not register or reserve your domain name or register you for other Services, or we
delete your domain name or other Services within such thirty (30) calendar day period, we
agree to refund your applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register or reserve, or delete your
domain name or register you for other Services.
You agree that the terms of this Agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain in full force and effect.
Nothing contained in this Agreement or the Dispute Policy shall be construed as creating
any agency, partnership, or other form of joint enterprise between the parties.
Our failure to require performance by the Registrant of any provision hereof shall not
affect the full right to require such performance at any time thereafter; nor shall the
waiver by us of a breach of any provision hereof be taken or held to be a waiver of the
Any notice, direction or other communication given under this Agreement shall be in
writing and given by sending it via e-mail or via regular mail. In the case of e-mail,
valid notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender, in the case of notice to us to
support@FindGo.com or, in
the case of notice to you, at the e-mail address provided by you in your Affiliate Program
application or as updated from time to time.
and to you at the mailing address provided in your Affiliate application or as updated
from time to time. Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date is a business day and
such delivery was made prior to 4:00 p.m. (eastern standard time) and otherwise on the
next business day. Any communication sent via regular mail shall be deemed to have been
validly and effectively given 5 business days after the date of mailing.
You agree that this Agreement, the rules and policies published us and the Dispute Policy
are the complete and exclusive agreement between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
This Agreement shall be governed by and interpreted and enforced in accordance with the
PROVINCE OF ONTARIO and the FEDERAL LAWS OF Hong Kong applicable therein without reference
to rules governing choice of laws. Any action relating to this Agreement must be brought
in the PROVINCIAL courts located in Hong Kong and you irrevocably consent to the
jurisdiction of such courts.
You attest that you are of legal age to enter into this Agreement.
Acceptance of Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.
If you have questions or concerns regarding this statement, you should first contact
Louis, Senior Marketing Manager, via email at firstname.lastname@example.org.
findgo.com Search Engine Incorporated ("findgo.com Search Engine") has the
findgo.com Search Engine ("Service Pages"). Such information is received by
both findgo.com and the Partner through which findgo.com Search Engine provides our
that applies to Partner's collection and use of such information. However, in no event
shall findgo.com Search Engine be liable for Partner's use or disclosure of such
The terms "we" and "us" refer to FindGo.com.
The Information We Collect
This notice applies to all information collected on the findgo.com Search Engine Web
site or submitted to findgo.com Search Engine at any time through any Service Pages.
Personally Identifiable Information—When visiting
FindGo.com's or any Partner's
Web site and signing up for or using findgo.com Search Engine through any Service Page, you may choose to
supply Everyone.net with information that identifies you personally. For End-Users,
this information may include your name and contact information, gender, birth date,
occupation and industry, shipping and billing information, credit card numbers and other
payment information, behavior patterns, purchase history, and other information. We
collect prospect information, which may include name and contact information of
individual(s) you think would be interested in our services. For Partners, this
information may include your name and contact information, your Web site information
(name, URL, visitors per day, page views per month, description, categorization), payment
information (check payee, SSN/Tax ID, bank information), and user comments.
collect non-identifying and aggregate information to better design our Web site and
services, and share the aggregate data with advertisers and other third parties.
Engine's Partners has access to information specific to their site only. Each Partner will
determine what it will do with the collected information; however, each Partner has
Collection of Personal Information from Children under Thirteen
findgo.com Search Engine does not allow children known to be under the age of thirteen
(13) to register for our services.
The Way We Use Information
We use the information you provide about yourself or others to complete the transaction
for which the information is intended. Such transactions may include administering a
service, such as email, search, community, advertising sales, ecommerce; completing an
order; shipping a product; replying to support requests; or contacting you if you have
granted us permission to do so. We do not share this information with outside parties
without your permission except to the extent that is necessary to administer the services
we offer our Partners and End-Users.
From time to time, we also use the information you provide about yourself or others to
inform you of additions or improvements to the findgo.com Search Engine services. When
supplying name and contact information to findgo.com Search Engine, you can indicate
your preference to receive or not receive information and updates about Partner's services
or special offers from other companies through the findgo.com Search Engine program or
other registration processes.
We may also use personally identifiable End-User information to provide targeted content
and commerce opportunities to End-Users based on their demographic and behavioral
Finally, we never use or share the personally identifiable information provided to us
online in ways or for reasons unrelated to the ones described above without also providing
an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of
information, we have put in place appropriate physical, electronic, and managerial
procedures reasonably designed to safeguard and secure the information we collect online.
We use SSL (Secure Socket Layer) encryption to secure personal identification. In
addition, personnel who have access to our database are trained to maintain and secure all
How You Can Access or Update Your Information
Partners can access your personally identifiable information that
Search Engine collects online and maintains by logging in to your password-protected (SSL
encrypted) Control Center account at http://www.findgo.com and selecting "Edit My
Profile." End-Users can access your information by logging in to your
password-protected End-User account and selecting to update your "Personal
Info." You can also correct factual errors in your personally identifiable
information by sending us a request that credibly documents and explains the error.
If you have submitted information on our site but do not currently have an account with
us, you can access and correct the information that we collect and maintain by contacting
To protect your privacy and security, we will take reasonable steps to verify your
identity before granting access or making corrections to your information.
How to Contact Us
by email email@example.com findgo.com Search Engine.