This Agreement governs your participation in and/or use of certain services or features of DNParking.com, managed by DNParking.com. By participating in or using the services or features of parking service, you are agreeing to be bound by these terms of service ("Terms of Service"). In order to participate in or utilize features of the DNParking.com you MUST agree to the applicable Terms of Service.
1. Definitions:
"Agreement" means this agreement between you and DNParking.com and which contains all of the terms and conditions of service that govern your use of our Service.
"Content" means all advertisements, hyperlinks, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, on anything that we host including, but, not limited to our DNParking.com web site or any domain name, name server, or IP address that we host.
"Publisher" refers to any individual or entity participating in the "domain monetization" portion of DNParking.com. And also means "User"
"We," "our," and "us" means DNParking.com, Inc., the company providing the Service. And also included in the definition of "Program"
"You" and "your" means any person or entity that participates in our Service, as well as their agents, assigns, and successors.
"Excluded URL" means a Removed URL or an Inappropriate URL.
"Inappropriate URL" means a URL for which we have reason to believe or have been notified that:
a) We do not have the right to use or associate data with that URL;
b) We do not have appropriate rights to reproduce and distribute any of the content (other than licensed materials) available at that URL;
c) The URL violates the trademark (or other related rights), copyright, trade secret, patent or other intellectual property right of any third party;
d) The URL violates any applicable law or is subject to an injunction;
e) The URL is libelous, defamatory or obscene;
f) If the content available at the URL includes software, it contains a virus, worm or other code that could be damaging or harmful to a user's computer system or stored information;
g) The URL was previously operated as an adult site; or
h) The URL violates this Agreement or our policies for similar implementations of our Services.
"Our Site" means the URL address, DNParking.com where our Service is offered.
"Parked Domains" means the domains we have accepted to be parked for you through our Service.
"Removed URLs" means URLs that we have removed from our System.
"Service" means the DNParking.com service further described below and in which you are participating.
"URL" means a uniform resource locator and any content or information available at that uniform resource locator.
"Landing Page" is defined as an html page or a framed html page hosted by or on behalf of DNParking.com displaying search links and/or other content from DNParking.com servers or such servers as DNParking.com uses.
"Revenue" is defined as revenue received in DNParking.com from participation of Publisher in the DNParking.com during the prior month less any amount DNParking.com determines, in its sole discretion, was the result of improper use of the Publisher's website and as such revenue is otherwise calculated or adjusted by DNParking.com to take into account any exclusions set forth in these Terms of Service and any other adjustments made by DNParking.com in its sole discretion. DNParking.com will exclude from Revenue monies from traffic that originates from countries where traffics, in the sole opinion of DNParking.com, suspect or difficult to track in the normal course of business.
2. Payment (applicable to publishers)
DNParking.com is a service that empowers domain owners to generate earnings on the traffic at maximum. Provided that you have complied with the terms of this Agreement, you will be paid a commission of at least 50% from the total revenue generated by us from your parked domain(s) excluding any traffic that we deem to be fraudulent. This commission will be paid in U.S. Dollars (USD) within fifteen (15) calendar days after the end of each calendar month if it exceeds the minimum amounts set forth below. In the event that the commission is less than such amount, you will be paid within forty-five (45) calendar days after the end of the month in which the total amount of revenue collected and unpaid exceeds such amount. Our current supported payment is PayPal. Under this payment, the minimum payout is $50. Prior to receiving payment you must have provided us with correct payment information and completed a verifiable tax reporting. We will not pay any commissions until the next payment due date after we confirm payment was not received by you and you have corrected all problems with incomplete or incorrect payment information. For other payment terms may be adjusted in a separate contract.
3. Restrictions and Rights
All of the following terms and conditions must be adhered to and are legally binding immediately upon agreement.
a) DNParking.com reserves the right to terminate any agreement at its discretion.
b) Publisher may not generate traffic to their website or our links by any of the following methods: listings on newsgroups, bulk e-mailing, icq postings, or chatroom/irc postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, JavaScript, click farms or any other similar method.
c) Publisher may not beg, ask, entice, or incentivize users into clicking on our links.
d) Publisher may not mislead visitors into believing that he/she will receive anything other than an internet search by clicking on a textlink or search box.
e) Referring pages must not be password protected in any way.
f) Publisher may only use the media that is provided by DNParking.com and may not change our ad code in anyway without prior approval. Our ad code must be found on referring pages.
g) DNparking.com reserves the right to terminate your account if it is idle for more than a month. We will notify you 7 days in advance of cancellation.
h) Publisher shall not intentionally post misleading information with regard to Parked Domains. Publisher shall not act, either directly or indirectly, to encourage or require End Users, either willingly or unwillingly, to click on Search Results listings and/or to generate Click-Throughs through any means which could be reasonably interpreted as coercive, incentivized, misleading, malicious or otherwise fraudulent in nature.
Publisher agrees that DNParking.com may ignore or credit back estimated Click-Through Revenue which DNParking.com, in its sole and absolute discretion, believes is questionable in nature or otherwise of low quality in nature or source.
4. Disclaimer of Warranties( With regard to our Service):
We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, informational content and non-infringement.
a) We do not warrant that:
i. The functions contained will meet your requirements; or
ii. That their operation will be uninterrupted, timely, or error free; or
iii. Defects will be corrected.
We do not warrant nor make any representations regarding the use or the results in terms of their correctness, accuracy, reliability or otherwise.
b) You further agree that:
i. Your use is at your sole risk;
ii. We provide our service to you on an "as-is" and "as-available" basis; and
iii. Your use of our 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 any downloads from them.
c) Neither we nor any of our directors, officers, employees or agents shall have any liability to you for any failure or delay to maintain or provide them to you.
d) No advice or information, whether oral or written, obtained by you from them or otherwise from us shall create any warranty not expressly stated in this Agreement.
e) Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions provided in this Agreement may not apply to you.
5. Acts of God
This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of this Agreement. This Agreement shall be governed and interpreted by the laws of the People's Republic of China. User is an independent contractor and in no way and under no circumstances that User should look to the Program for compensation and benefits as an employee. If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused.
6. Additional Terms (applicable to all users)
The following terms apply to all users whether Publishers or Domain Offer Service Participants.
(1) Representations & Warranties
All of the following terms and conditions must be adhered to and are legally binding immediately upon agreement. DNParking.com represents and warrants that it has full power and authority to enter into this Agreement.
You represent and warrant that:
a) All statements made by you to us or to any other entity or person are true and correct to the best of your knowledge and belief;
b) Any material posted by you shall be considered to be in the public domain and you authorize us to use any such posting without any payment and without any liability to you;
c) If you post a third party's intellectual property, you are specifically warranting that you have the right to put this material into the public domain;
d) You agree to notify us of any known or suspected wrongful acts or violations of this Agreement, and your failure to do so shall be deemed a breach of this Agreement;
e) You are the registrant, or their duly authorized agent, for all of the domains you submit for inclusion in our Service;
f) You warrant that you will not use our Service for any purpose that is unlawful or prohibited by these terms and conditions, or that in any manner could damage, disable, overburden, or impair our Service or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorized access to our Service, other accounts, our computer system or network connected to Our Site.
(2) Intellectual Property
As between DNParking.com and User, DNParking.com shall own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), relating to the Services (and any derivative works or enhancements thereof), including but not limited to, all software, technology, materials, guidelines, documentation, relating in any way to the Program. For purposes of the Agreement, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide. Publisher shall not, and shall not allow any third party to:
a) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any intellectual property in any way related to DNParking.com
b) affix any unauthorized copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Program, or any other technology, software, materials and documentation related to DNParking.com or the DNParking.com Manager;
c) crawl, index or in any non-transitory manner store or cache information obtained from the Program;
d) transfer, sell, lease, lend, disclose, or use for co-branding, timesharing, service bureau or other unauthorized purposes any aspect of DNParking.com or access thereto;
e) directly or indirectly access, launch and/or activate DNParking.com through or from any software application or means other than the Publisher Site; or
f) engage in any action or practice that reflects poorly on DNParking.com, DNParking.com or its vendors, or otherwise disparages or devalues the reputation or goodwill of the same.
(3) Confidentiality
During the term of this Agreement and for one year after termination of this Agreement, User agrees to safeguard and, except for the benefit of DNParking.com, not to disclose to anyone outside DNParking.com any proprietary or confidential information acquired during this Agreement. Such information includes, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
(4) Attorney Fees
In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
(5) Restriction of Payment
We have zero tolerance for fraudulent traffic generation methods and have several systems that continuously monitor all traffic generated from your account. You have no right to receive or keep payments from us for traffic that we suspect or determine at any time to be fraudulent. Furthermore, you will not be paid for traffic to an Excluded URL or traffic that we determine has come as a result of a Wrongful Act.
If we determine, in our sole discretion, that any traffic generated to your account is fraudulent, we may:
Consider all generated funds as forfeited by you,
Permanently terminate your account, and
Permanently ban all sites listed within your account from future entry to the System and share them with other entities.
7. Final Interpretation Right
DNParking.com reserves the right to change any of these terms and conditions at any time without notice. User is responsible for complying with any changes to the terms and conditions.
8. Supplementary
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties this Agreement.
"Content" means all advertisements, hyperlinks, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, on anything that we host including, but, not limited to our DNParking.com web site or any domain name, name server, or IP address that we host.
"Publisher" refers to any individual or entity participating in the "domain monetization" portion of DNParking.com. And also means "User"
"We," "our," and "us" means DNParking.com, Inc., the company providing the Service. And also included in the definition of "Program"
"You" and "your" means any person or entity that participates in our Service, as well as their agents, assigns, and successors.
"Excluded URL" means a Removed URL or an Inappropriate URL.
"Inappropriate URL" means a URL for which we have reason to believe or have been notified that:
b) We do not have appropriate rights to reproduce and distribute any of the content (other than licensed materials) available at that URL;
c) The URL violates the trademark (or other related rights), copyright, trade secret, patent or other intellectual property right of any third party;
d) The URL violates any applicable law or is subject to an injunction;
e) The URL is libelous, defamatory or obscene;
f) If the content available at the URL includes software, it contains a virus, worm or other code that could be damaging or harmful to a user's computer system or stored information;
g) The URL was previously operated as an adult site; or
h) The URL violates this Agreement or our policies for similar implementations of our Services.
"Parked Domains" means the domains we have accepted to be parked for you through our Service.
"Removed URLs" means URLs that we have removed from our System.
"Service" means the DNParking.com service further described below and in which you are participating.
"URL" means a uniform resource locator and any content or information available at that uniform resource locator.
"Landing Page" is defined as an html page or a framed html page hosted by or on behalf of DNParking.com displaying search links and/or other content from DNParking.com servers or such servers as DNParking.com uses.
"Revenue" is defined as revenue received in DNParking.com from participation of Publisher in the DNParking.com during the prior month less any amount DNParking.com determines, in its sole discretion, was the result of improper use of the Publisher's website and as such revenue is otherwise calculated or adjusted by DNParking.com to take into account any exclusions set forth in these Terms of Service and any other adjustments made by DNParking.com in its sole discretion. DNParking.com will exclude from Revenue monies from traffic that originates from countries where traffics, in the sole opinion of DNParking.com, suspect or difficult to track in the normal course of business.
b) Publisher may not generate traffic to their website or our links by any of the following methods: listings on newsgroups, bulk e-mailing, icq postings, or chatroom/irc postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, JavaScript, click farms or any other similar method.
c) Publisher may not beg, ask, entice, or incentivize users into clicking on our links.
d) Publisher may not mislead visitors into believing that he/she will receive anything other than an internet search by clicking on a textlink or search box.
e) Referring pages must not be password protected in any way.
f) Publisher may only use the media that is provided by DNParking.com and may not change our ad code in anyway without prior approval. Our ad code must be found on referring pages.
g) DNparking.com reserves the right to terminate your account if it is idle for more than a month. We will notify you 7 days in advance of cancellation.
h) Publisher shall not intentionally post misleading information with regard to Parked Domains. Publisher shall not act, either directly or indirectly, to encourage or require End Users, either willingly or unwillingly, to click on Search Results listings and/or to generate Click-Throughs through any means which could be reasonably interpreted as coercive, incentivized, misleading, malicious or otherwise fraudulent in nature.
ii. That their operation will be uninterrupted, timely, or error free; or
iii. Defects will be corrected.
ii. We provide our service to you on an "as-is" and "as-available" basis; and
iii. Your use of our 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 any downloads from them.
d) No advice or information, whether oral or written, obtained by you from them or otherwise from us shall create any warranty not expressly stated in this Agreement.
e) Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions provided in this Agreement may not apply to you.
You represent and warrant that:
a) All statements made by you to us or to any other entity or person are true and correct to the best of your knowledge and belief;
b) Any material posted by you shall be considered to be in the public domain and you authorize us to use any such posting without any payment and without any liability to you;
c) If you post a third party's intellectual property, you are specifically warranting that you have the right to put this material into the public domain;
d) You agree to notify us of any known or suspected wrongful acts or violations of this Agreement, and your failure to do so shall be deemed a breach of this Agreement;
e) You are the registrant, or their duly authorized agent, for all of the domains you submit for inclusion in our Service;
f) You warrant that you will not use our Service for any purpose that is unlawful or prohibited by these terms and conditions, or that in any manner could damage, disable, overburden, or impair our Service or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorized access to our Service, other accounts, our computer system or network connected to Our Site.
b) affix any unauthorized copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of any Program, or any other technology, software, materials and documentation related to DNParking.com or the DNParking.com Manager;
c) crawl, index or in any non-transitory manner store or cache information obtained from the Program;
d) transfer, sell, lease, lend, disclose, or use for co-branding, timesharing, service bureau or other unauthorized purposes any aspect of DNParking.com or access thereto;
e) directly or indirectly access, launch and/or activate DNParking.com through or from any software application or means other than the Publisher Site; or
f) engage in any action or practice that reflects poorly on DNParking.com, DNParking.com or its vendors, or otherwise disparages or devalues the reputation or goodwill of the same.
If we determine, in our sole discretion, that any traffic generated to your account is fraudulent, we may:
Permanently terminate your account, and
Permanently ban all sites listed within your account from future entry to the System and share them with other entities.