THANK YOU FOR CHOOSING YOUPAGE - THE INTERNET'S LOCAL DIRECTORY A SERVICE PROVIDED BY YOUPAGE LTD
Consumer Local Search Terms and Conditions
YOUPAGE LTD Terms of Service:
THIS IS AN AGREEMENT BETWEEN YOU AND YOUPAGE LTD
This is an agreement ("Agreement") between you and YOUPAGE LTD. YOUPAGE LTD provides users, who submit queries in any Web-based search box provided by YOUPAGE LTD , with Internet navigation assistance web pages ("Results Pages") containing search results and other content (the "Service"). This Agreement governs your use of the Service, including any Results Pages and any Web page that contains a Web-based search box provided by YOUPAGE LTD.
YOUPAGE LTD offers the service to you conditioned on your acceptance without modification of this agreement. Your use of the service constitutes your acceptance of this agreement. This agreement contains disclaimers of warranties and liability (see sections 7, 8, and 9); and an exclusive remedy (see section 8).
YOUPAGE LTD reserves the right to change the terms, conditions, and notices under which it offers the Service at any time and without notice and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any YOUPAGE LTD Web Page. If any terms contained in this agreement conflict with any terms contained within a YOUPAGE LTD Web Page, the terms of this agreement shall control. Your continued use of the Service constitutes your acceptance of, and agreement to, this Agreement, including any changes made to such Agreement pursuant to this Section.
You understand and agree that the Service may include advertisements and that these advertisements are necessary for YOUPAGE LTD to provide the Service.
COMMERCIAL USE OF THE SERVICE
Results from YOUPAGE LTD are available for both commercial and non-commercial use however YOUPAGE LTD are not responsible for accuracy of content and cannot be held liable under any circumstances.
INFORMATION AVAILABLE FROM THE RESULTS PAGES
YOUPAGE LTD does not warrant or guarantee the accuracy, completeness or timeliness of any information available on a YOUPAGE LTD Web Page.
YOUPAGE LTD MAKES NO WARRANTY
YOUPAGE LTD provides the YOUPAGE LTD web pages "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you to the maximum extent permitted by applicable law, the YOUPAGE LTD parties make no representations, warranties or conditions, express or implied. The YOUPAGE LTD parties disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the service will be uninterrupted or error-free.
In no event will any YOUPAGE LTD party be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the service or the YOUPAGE LTD web pages, even if such YOUPAGE LTD party has been advised of the possibility of such damages. The exclusion of damages under this section 8 is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the service, you do not agree with any part of this agreement, or you have any other dispute or claim with or against any YOUPAGE LTD party with respect to this agreement or the service, then your sole and exclusive remedy is to discontinue using the service.
CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION
The YOUPAGE LTD Parties may change the service or delete features in any way, without notice, at any time and for any reason. As you use the Service, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "Content") originated by YOUPAGE LTD and persons other than YOUPAGE LTD ("Third Parties"). The intellectual property rights in any Content, including any trademarks, provided by Third Parties via the Service are owned by such Third Parties or their licensors and may be subject to separate Terms and Conditions of those Third Parties. You understand and agree that by using the Service, you may be exposed to Content that is offensive, indecent, threatening or otherwise offensive. Without limiting the generality of sections 7 and 8, you acknowledge and agree that the YOUPAGE LTD parties are not responsible or liable for (1) any content provided by YOUPAGE LTD or any third parties, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content, or (2) any third party conduct, transmissions or data. in addition, without limiting the generality of sections 7 and 8, you acknowledge and agree that YOUPAGE LTD is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the service, (2) any incompatibility between the interchange web pages and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, (4) any loss or liability resulting from errors, omissions or misstatements in any and all information or services provided by YOUPAGE LTD to you, or (5) any losses, damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the YOUPAGE LTD web pages. You agree that you must evaluate and bear all risks associated with the use of any content provided by YOUPAGE LTD or any third parties, including any reliance on the accuracy or completeness of such content. The limitations, exclusions and disclaimers in sections 7, 8 and 9 of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
The YOUPAGE LTD Web Pages may include links to other World Wide Web sites or resources provided by Third Parties over which YOUPAGE LTD exercises no control. The search results that appear from YOUPAGE LTD's indices are indexed by YOUPAGE LTD's automated machinery and computers, and YOUPAGE LTD cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. Because YOUPAGE LTD has no control over such links, sites and resources, you acknowledge and agree that YOUPAGE LTD is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such links, sites or resources. You further acknowledge and agree that YOUPAGE LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such link, site or resource.
REQUESTS FOR REMOVAL OF LINKS FROM INDICES
YOUPAGE LTD occasionally receives requests to remove links from its indices that generate web results.
Although YOUPAGE LTD reserves the right to address such requests individually, YOUPAGE LTD is generally not willing to remove any links from its indices. YOUPAGE LTD's indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, YOUPAGE LTD cannot and does not screen anything made available through its indices. For each web site reflected in YOUPAGE LTD's indices, if either (a) a site owner restricts access to his or her web site or (b) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, YOUPAGE LTD would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.
Map information provided through the Service is intended for planning purposes only. You may find that construction projects, traffic conditions or other events may differ from the map results. You may not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing in any map information provided on the Service.
You agree to release, indemnify, defend and hold harmless YOUPAGE LTD , its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") relating to or arising from any breach by you of this agreement or from your use of the Service. YOUPAGE LTD reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter; provided, however that you shall use your best efforts to cooperate with us in the defence of any Claim.
You acknowledge and agree that the YOUPAGE LTD Web Pages and any Content, services or software available through or used in connection with the YOUPAGE LTD Web Pages contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the YOUPAGE LTD Web Pages or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YOUPAGE LTD or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the YOUPAGE LTD Web Pages or any Content, services or software available through or used in connection with the YOUPAGE LTD Web Pages, in whole or in part.
You acknowledge and agree that YOUPAGE™, YOUPAGE™, MISS ASSERTIVE™ and other YOUPAGE LTD logos, products and service names are trademarks of YOUPAGE LTD ("YOUPAGE LTD Marks") and you agree that you will not display or use the YOUPAGE LTD Marks in any manner, without the express written permission of YOUPAGE LTD.
TERMINATION; ACCESS RESTRICTION
YOUPAGE LTD may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Service will immediately cease. YOUPAGE LTD may discontinue, temporarily or permanently, the Service with or without notice.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES (US ONLY)
If this Agreement is with YOUPAGE LTD, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with a YOUPAGE LTD affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such YOUPAGE LTD affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject YOUPAGE LTD Web Pages are directed. If this Agreement is with YOUPAGE LTD, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Orange County, California, USA in all disputes arising out of or relating to this Agreement or the use of the Service. If this Agreement is with a YOUPAGE LTD affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such YOUPAGE LTD affiliate in all disputes arising out of or relating to this Agreement or the use of the Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. YOUPAGE LTD may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and YOUPAGE LTD with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and YOUPAGE LTD with respect to the Service. The section titles in the agreement are solely used for the convenience of the parties and have no legal or contractual significance.
YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
You and YOUPAGE LTD agree that any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the YOUPAGE LTD Web Pages are Copyright © 2008 YOUPAGE LTD and/or its suppliers,
28 Hasse Road
Registered in England & Wales.
Registered Number 6517095.
All rights reserved. YOUPAGE LTD, the YOUPAGE LTD name and logo and/or other YOUPAGE LTD products and services referenced herein may also be either trademarks or registered trademarks of YOUPAGE LTD in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
YOUPAGE LTD respects the intellectual property of others, and asks its users, advertisers, licensors and service providers to do the same. As a provider of the Service (which provides paid, web search results and links to the web sites of third parties and third party domain name hosting), YOUPAGE LTD is not in a position to arbitrate copyright disputes between copyright owners, on the one hand, and advertisers, web site operators or users of the Service, on the other hand. The advertisers, web site operators, and users are responsible for their own content. Thus, we encourage copyright owners to resolve their disputes directly with the advertisers, web site operators, and/or users. However, if an advertiser, web site operator, or user of the Service, as the case may be, repeatedly infringes the rights of a copyright owner(s), YOUPAGE LTD may, in appropriate circumstances and at its discretion, (a) disable and/or terminate the right of such advertiser to display its advertisements on YOUPAGE LTD Web Pages; (b) exclude such web site from being included in YOUPAGE LTD's indices and web results; or (c) disable and/or terminate the right of such user to use the Service including domain hosting, as the case may be.
From time to time we have to carry out essential maintenance work on our servers and applications. While we hope to keep these to a minimum, this may result in our services being unavailable. This may include either or both search and domain hosting services. YOUPAGE LTD cannot under any circumstances be held liable in such a situation. This also applies in the case of outages.
Customer Domain Registration/Hosting Terms and Conditions
TERMS OF SERVICE
YOUPAGE LTD provides internet search, internet hosting and additional services. YOUPAGE LTD reserves the right to suspend or cancel a customer's access to any or all services provided by YOUPAGE LTD when YOUPAGE LTD decides that the account has been inappropriately used or otherwise.
We reserve the right to change our Terms and Conditions when necessary to reflect our continually evolving business. It is your responsibility to ensure that you are up to date with all of our T&Cs. We will, however, notify you of any prominent changes we feel you need to be pro-actively made aware of.
By signing up for any of our services you agree to be bound by all our Terms and Conditions.
Domain name terms and conditions
The following terms and conditions apply to the domain registration service:
YOUPAGE LTD has been granted the right to provide Internet domain registration services for second-level domain names within the .com, .org, .net, top-level domains.
ICANN oversees the .com, .org, .mobi and .net top-level domains.
Upon YOUPAGE LTD's receipt of domain name registration information from you, YOUPAGE LTD shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration.
Verisign currently acts as the registry administrator for the .com, .mobi, .org, and .net top-level domains.
DOMAIN NAME SELECTION
You represent that, to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
As consideration for YOUPAGE LTD providing domain name registration services to you, you agree to pay YOUPAGE LTD , prior to the approval of the desired domain name registration, the amounts set forth in the YOUPAGE LTD Price Schedule, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.
Your application will not be registered until YOUPAGE LTD receives actual payment of the registration fee. If YOUPAGE LTD does register a domain name prior to payment of the registration fee, YOUPAGE LTD reserves the right to cancel that registration or restrict use of the domain name until payment has been received.
All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.
In the event of a charge back by a credit card company or other payment provider authorized by YOUPAGE LTD, the domain name registration shall be transferred to YOUPAGE LTD as the paying entity for the registration. YOUPAGE LTD may reinstate your domain name registration at its sole discretion upon its receipt of the registration or renewal fee and its then current reinstatement fee. The reinstatement fee is currently UK £100.
Payment must be made by credit card or other methods we indicate in registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge accordingly.
We reserve the right to make an administration charge of £10 per domain where customers have attempted to register a domain name with multiple registrars.
This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Registration Agreement shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
To ensure your domains are not lost we operate a positive renewal system on all our domains - you will be notified in advance that your domain is about to expire and given the option to opt out of the renewal, if for any reason you do not contact us, then we will ensure your registration continues and automatically renew your domain. This is not refundable and it is your responsibility to ensure valid contact and payment details are on your account at all times - failure can lead to suspension.
YOUPAGE LTD's domain renewal process is automated and we confirm all domain renewals by email. However, it is your responsibility to check that your renewal has been successful within one month of the renewal date.
You agree to be bound by the YOUPAGE LTD Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at the end of this document.
The Dispute Policy governs any dispute between you and any party other than us over the registration and use of the domain name. The specific disputes which are subject to the Dispute Policy are contained in the Dispute Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the domain name registration is disputed by a third party.
You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold YOUPAGE LTD harmless pursuant to the terms and conditions contained in the Dispute Policy.
CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY
You acknowledge and recognize that the domain name system and the practice of registering and administering domain names are continuously evolving, and acknowledge and agree that YOUPAGE LTD may modify this Agreement and the Dispute Policy as necessary from time to time to comply with any agreements by which YOUPAGE LTD is or will be bound, and to adjust to changing business circumstances.
Your continued use of the registered domain name constitutes acceptance of this Agreement and amendments. If at any time, you do not agree to such changes, you agree that your sole remedy is to request that your domain name registration be cancelled or transferred to a different domain name registrar.
CONTACT WITH YOUPAGE LTD
You acknowledge and recognize that all contact with YOUPAGE LTD in the first instance should be made via our support website: www.youpage.com
You agree that YOUPAGE LTD is not obliged to offer telephone support specifically for your Domain Name.
DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
Information you are required to Submit:
As part of the registration process, you are required to submit to YOUPAGE LTD and keep updated the following information in connection with your application for domain name registration:
The domain name to be registered;
The domain name holder's name and mailing address;
The name, mailing address, email address, telephone number, and fax number of the administrative contact for the domain name; and
The name, mailing address, email address, telephone number and fax number of the billing contact for the domain name.
You shall provide and maintain updated information at all times with YOUPAGE LTD. YOUPAGE LTD at its discretion may refuse to renew any registrations unless you maintain current and updated information at all times.
YOUPAGE LTD may from time to time request additional information from you. While not obligated to provide the additional information, you should provide the additional requested information to ensure that you will obtain all the products and services which YOUPAGE LTD makes available to domain name registrants.
Additional Information Maintained about your Registration
In Addition to the information you provide, we maintain additional information relating to your domain name registration, including:
The original creation date of the registration;
The date and time the registration application was submitted to us and the appropriate registry;
Communications constituting registration orders, modifications, or terminations and related correspondence;
Records of account for your domain name registration, including dates and amounts of all payments and refunds;
The IP names and address of the primary name servers and any secondary name servers;
The name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;
The name, mailing address, email address, telephone number, and fax number of the domain registrant for the domain name;
The expiration date of registration; and (i) other information regarding all other activity regarding your domain name registration and related services.
Obligations Relating to Data Provided by You
If in registering a domain name you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.
Disclosure and Use of Registration Information
You agree to authorize YOUPAGE LTD to provide any information to ICANN, the registry administrators and to other third parties as ICANN and applicable laws may require or permit. You acknowledge and agree YOUPAGE LTD may make publicly available, some or all of the domain registration information provided by you, for purposes of inspection such as through YOUPAGE LTD's WHOIS service or for any purpose as required or permitted by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that YOUPAGE LTD may or must make available to the public or to private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information and updated from time to time provide in connection with registration of a domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and claims and causes of action you may have arising from such disclosure or use of the domain name registration information.
You may access your domain name registration information in YOUPAGE LTD's possession to review, modify or update such information, by accessing our domain manager service, or similar service, available at our website at www.youpage.com.
We will not process any data about any identification natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
OWNERSHIP OF DATA
You agree and acknowledge that YOUPAGE LTD owns the following:
All database, compilation, collective and similar right, title and interests worldwide in the domain name database;
All information and derivative works generated from the domain name database; and
Information for the registrations for which YOUPAGE LTD acts as the registrar including:
The original creation date of the registration;
The expiration date of the registration;
The name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;
Remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and
Other information generated or obtained in connection with the provision of domain name registration and management services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary nameservers.
YOUPAGE LTD does not have any ownership interest in your specific personal registration information outside of your right in our domain name database.
TRANSFER OF OWNERSHIP
The person named as administrative contact at the time the user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
For further details and to action any transfer of ownership please login to your YOUPAGE control panel, at www.youpage.com
AGENTS AND LICENSES
You agree that in the event you register a domain name for another entity, you represent that you have the authority to bind that entity as a principal to all terms and conditions contained in this Agreement.
You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely Resolution of any problems that arise in connection with domain name and domain registration.
In any circumstance where you are registering a domain for a third party, you agree that you must (in advance):
Make your customers aware of the charges associated with domain name registration, renewal and maintenance. Give details of the domain name related services you provide, which are relevant to this customer, information on how to invoke the service, any charges payable and how long you take to carry out the service. Make your customers aware of changes to your charges. Detail the method, availability and cost of customer service provided. Act quickly after getting a request from your registrant to take some action for them; and update their details soon after you know that the current ones are out of date or wrong.
You must not knowingly provide poor quality Registrant data. If you find out that a Registrant has provided poor quality data you should attempt to correct the data. Consumers are currently allowed to opt-out of providing their postal address on the WHOIS. You should take reasonable steps to ensure the opt-out is used correctly and not set this field to default to opt-out? Unless you can show that all your Registrants are consumers. If you receive a request to register a domain name for a customer you must register the domain name in your customer's name. You may only register the domain name in your or your organisation's name with the explicit prior written consent of your customer. You agree that if you register a domain on behalf of a third party, YOUPAGE LTD can pass on the contact details of that third party to the Registry Administrator if required to do so by the Registry.
LIMITATION OF LIABILITY
You agree that YOUPAGE LTD shall, under no circumstances, be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages resulting from loss of profits, arising out of or in connection with this Agreement, even if YOUPAGE LTD has been advised of the possibility of such damages, and in particular YOUPAGE LTD will not be liable for the following:
Suspension or loss of your domain registration;
Use of your domain name registration;
Interruption of your business;
Access delays or interruptions to any web sites accessed by your registered domain name;
Non-delivery, mis-delivery, corruption, destruction, or modification of data;
Events beyond the reasonable control of YOUPAGE LTD;
Processing of an application for domain name registration; or
Application of the Dispute Policy.
YOUPAGE LTD shall not, under any circumstances, be liable or responsible for any errors, omissions or other actions by the registry administrator arising out of or related to your application, receipt of, or failure to receive a domain name registration.
YOUPAGE LTD's maximum aggregate liability shall not exceed the greater of:
The total amount paid by you for registration of the domain name; and
£50.00 (UK Pounds).
INDEMNIFICATION OF YOUPAGE LTD
You agree to defend, indemnify and hold harmless YOUPAGE LTD and the registry administrator, including our and its employees, directors, officers, representatives, agents and affiliates, from and against any claim, action, suit, demand, loss, damages, costs ( including reasonable legal fees, expert witness fees and expenses), or other proceeding related to or arising out of the registration or use of the domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
all information provided in connection with your domain name registration is accurate; and
neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party.
You acknowledge and agree that all domain name registration services provided to you by YOUPAGE LTD are provided on an "as is" basis. YOUPAGE LTD makes no representations or warranties of any kind, express or implied, in connection with this Agreement or its domain name registrations services, including but not limited to warranties of merchantability or fitness for a particular purpose. YOUPAGE LTD makes no representation or warranties of any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the domain name registration or from suspension, cancellation, or transfer of the domain name to you.
BREACH AND REVOCATION
YOUPAGE LTD reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:
You materially breach this Agreement;
You use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;
You use your domain name in connection with unlawful activity;
Grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement; or
You use your domain name in connection with material that is slanderous to YOUPAGE LTD or other associated companies. You further acknowledge and agree that your domain name registration is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including YOUPAGE LTD ) or registry administrator procedures approved by an ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by YOUPAGE LTD , another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.
You also agree that YOUPAGE LTD shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as YOUPAGE LTD receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
You acknowledge and agree that:
Providing inaccurate information;
Failing to update information promptly; or
failing to respond to YOUPAGE LTD's inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request; shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
OTHER TERMS AND CONDITIONS
YOUPAGE LTD shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.
The failure of YOUPAGE LTD to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by YOUPAGE LTD of a breach of any provision hereof be taken or held to be a waiver of the provision itself. The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not with standing termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.
You agree that any notice or communications required or permitted to be delivered under this Agreement by YOUPAGE LTD to you shall be deemed to have been given if delivered by e-mail or overnight mail/post in accordance with the contact information you have provided.
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the United Kingdom.
If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of YOUPAGE LTD However, in the event that YOUPAGE LTD consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
Amendment in Writing
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 YOUPAGE LTD
The parties shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.
Relationship of the Parties
Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
Joint and Several Obligations
If any party consists of more than one entity, their obligations here under are joint and several.
No Third Party Beneficiaries
This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim and cause of action or privilege.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. YOUPAGE LTD will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of YOUPAGE LTD as reflected in the original provision.
No Guarantee. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name.
Domain name dispute policy
Dispute Policy for domains ending in .com, .net, .mobi or .org
Approved by ICANN
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
Subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
Our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
Our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.
Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith: (i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other online location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii): (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or (iii) you are making a legitimate non commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panellists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
Our Involvement in Administrative Proceedings. We do not, and will not, participate in the Administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be cancelled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.
Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
Transfers During a Dispute.
Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy here at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
If you need to contact us regarding a domain name dispute please visit our support site: http://www.youpage.com
Please note: by signing up for any of our services you agree to be bound by all YOUPAGE LTD terms and conditions.
Acceptable use policy
This policy is subject to change, so please check regularly for updates. This policy is in addition to YOUPAGE LTD Terms and Conditions.
1.1) YOUPAGE LTD reserves the right to suspend or cancel a customer's access to any or all services provided by YOUPAGE LTD , where YOUPAGE LTD decides that the account has been inappropriately used. YOUPAGE LTD reserves the right to refuse service and/or access to its servers to anyone.
1.2) YOUPAGE LTD offer unlimited web space and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, downloads, or other non-web based content. We will treat all password protected archive (e.g. zip and rar) files as unacceptable. Multimedia content such as audio and video is acceptable provided it is streamed to the user, links to HTTP download of this content is not acceptable. YOUPAGE LTD offers a streaming media service for this type of content.
1.3) Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.
1.4) YOUPAGE LTD will disable any domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices:
1.4.1) The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the web site.
1.4.2) The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from a YOUPAGE LTD -hosted domain.
1.4.3) Sites must not contain Warez, copyright or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for YOUPAGE LTD to prove that you do not.
1.4.4) Sites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of YOUPAGE LTD.
1.4.5) Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space. Please see the 'High Resource Use Policy' in the General Terms and Conditions.
1.4.6) Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.
2.1) If YOUPAGE LTD identify a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.
2.2) Common issues that cause problems are:
2.2.1) Where a mailbox receives large volumes of undeliverable email.
2.2.2) Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
2.2.3) Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.
2.3) You may not use YOUPAGE LTD email services for any of the following:
2.3.4) To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
2.3.5) To send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
2.3.6) To send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.
2.4) To prevent the sending of bulk unsolicited mail, SMTP traffic to and from a server will be blocked in the following scenarios:
2.4.1) Where we identify a server that has an open mail relay.
2.4.2) Where a significant volume of mail is sent from a domain in a defined timescale.
2.4.3) Where we have received significant volumes of complaints concerning unsolicited mail originating from a YOUPAGE LTD hosted domain.
2.5) To prevent YOUPAGE LTD's IP Addresses being blocked by IP Address blocking, a domain held on YOUPAGE LTD servers may be disabled:
2.5.1) Where we have received significant volumes of complaints concerning unsolicited mail originating from or unsolicited email being sent to promote sites being hosted on a YOUPAGE LTD server.
3.1) YOUPAGE LTD have a Police Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
3.2) YOUPAGE LTD will suspend access to an account which:
3.2.1) Contains invalid or fraudulent details.
3.2.2) Initiates a payment card chargeback.
3.3) If YOUPAGE LTD disable a site or server, we will:
3.3.1) Send an automated mail to the account administrator, informing them of the suspension - please ensure you use an email address that will be unaffected by any suspensions, to ensure that you are immediately made aware of any changes in your account status.
3.3.2) Provide follow up correspondence during office hours from our Misuse Department, detailing the reasons for the suspension and what actions, if any, the administrator should take to rectify the situation.
3.3.3) Work with you to suggest a resolution to the issue at hand and arrange for the restoration of services in the shortest timescale possible once an agreement has been reached.
3.3.4) Not re-enable any domain or server that has a history of similar misuse.
3.3.5) Pass the account to the appropriate department to resolve any outstanding issues such as account balance or closure.
3.4) For less serious cases, such as email problems, the Misuse department will contact you during office hours and inform you of any changes made to your account and the reasons for those changes.
3.5) If an action is taken against a site or server, you should communicate directly with the Misuse Investigations Department within office hours. Outside of office hours our Customer Support Department will be able to discuss the matter and assist in the resolution of the majority of investigations.
3.6) Restoration of any and all services suspended during a Misuse Investigation will be considered on a case-by-case basis.
Please note: by signing up for any of our services you agree to be bound by all YOUPAGE LTD terms and conditions.
Reporting misuse of YOUPAGE LTD systems
In order to efficiently process your report we need you to send as much information as possible and your contact email address and phone number. Below are details that we will need from you when investigating internet misuse. Reports will not be investigated until the below details are received, so if any of the below is missing from your report, please re-send the information.
Reporting port scanning, attempted hacking and firewall activity
Where your report is based upon information obtained from a firewall, please ensure that you send the relevant unedited firewall log (or excerpt). Please ensure that the log includes the time, date and time zone.
You also need to confirm that the clock on your PC is accurate and that you are using the correct time zone for your locale. If your clock is inaccurate please indicate how many minutes and seconds wrong it is (There is an online clock website to check your PC clock here: http://www.timeticker.com/main.htm).
Screenshots or image files will not be accepted as evidence of a system intrusion.
If you see any other misuse on your own servers originating from a YOUPAGE LTD IP Address, then please send us the following information:
Your URL, your web server log, shows the IP Address, Time, Date and Time zone of the IP Address logging into your server and any details of the misuse that has taken place.
Reporting web space abuse
If you become aware of any web space hosted by YOUPAGE LTD that you feel is in contravention of our Terms and Conditions or Acceptable Use Policy, then please email us with the details. Please send the following information:
The URL (such as www.youpage.com), the time and date that you noticed the infringement, any details regarding how you came to view the material and a precise description of why you believe the domain to be in breach.
YOUPAGE LTD actively reports any illegal activities that take place on our servers to the Police. YOUPAGE LTD also works with the Internet Watch Foundation to ensure that any images of child abuse are removed from our service and reported as soon as we are made aware, in line with current working practices.
Please note: by signing up for any of our services you agree to be bound by all YOUPAGE LTD terms and conditions.