Terms of ServiceBinding contract between you and The Tidewinds Group, Inc.:
Thank you for visiting our website. Tidewinds.com, Nameable.net, and Domain Privacy, Ltd. are services of The Tidewinds Group, Inc. (TIDEWINDS). We request that You read the terms and conditions carefully as Your use of our services is an explicit acceptance thereof and is a binding contract between You and TIDEWINDS. If You do not agree with all of the following terms and conditions, please do not use this site or our services. Since TIDEWINDS may accept orders for services from You via telephone, fax, or email in addition to via our website, You agree to be bound by this contract regardless of the manner in which You acquired or ordered Your services. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time to which You are bound. Such changes and/or modifications shall become effective immediately upon the posting thereof. You and Your mean the user of the site or services. We, us, and our mean TIDEWINDS and its employees and officers.
USE OF THE SITE AND ASSOCIATED SERVICES:
We will not tolerate the use of our site or services for illegal (in the United States, specifically Washington, D.C.) or immoral purposes. As this is our website, what we believe is immoral is in our sole discretion and we reserve the right to ban, cancel, delete or otherwise refuse service to any customer, site, or domain name which we believe crosses our boundaries of what we believe is decent. As a general guideline we will not tolerate pornography sites, sites that promote drugs or bad or illegal acts or gambling sites. We may, also at our sole discretion, even if your site has been up and running for a period of time (any period of time) decide we do not want your material on or associated with our site and may cease providing service to you. We reserve the right to cease providing services to you and/or refuse orders from you at any time and at our sole discretion. We will return a prorated amount of any monies paid by you to us, however that payment is our sole liability to you and you specifically accept said prorated amount as liquidated damages in all cases. If you file suit against us for more then you will responsible for our attorney’s fees and costs. You specifically agree to the terms in this paragraph as well.
OWNERSHIP OF INTELLECTUAL PROPERTY:
All software, design, text, photographs, images, illustrations, audio, video, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, trademarks, service marks, trade names, trade dress, look and feel, patentable material and other Intellectual Property on the TIDEWINDS site or servers, created by TIDEWINDS staff, derived from the TIDEWINDS site or submitted to the TIDEWINDS site are owned by The Tidewinds Group, Inc. (TIDEWINDS) and or its subsidiaries, affiliates or assigns, licensors or other owners. You agree not to disassemble, decompile, reverse engineer or otherwise modify our intellectual property or our website. You agree to not use TIDEWINDS trademarks, logos or slogans without written permission from an officer of TIDEWINDS. You agree to not use any of our intellectual property without written permission from an officer of TIDEWINDS. You agree that your use of the site and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of any transmissions through the Services for which you are responsible or which occur through the use of your account or password. You agree to not use our Site or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair our site. We may terminate your access to the TIDEWINDS site at any time with or without cause. TIDEWINDS shall not be liable to You or any other party for termination of the services or refusal to sell You goods, and all terms found herein are non-negotiable. If any conflict exists between these terms & conditions and any other rules prorogated on our site, TIDEWINDS shall have the right to decide which shall govern.
TIDEWINDS provides domain name registration and hosting services. TIDEWINDS is not an ICANN-accredited domain name registrar. TIDEWINDS maintains reseller relationships with a number of ICANN-accredited domain name registrars. You specifically agree to be bound by the terms of the applicable registrar(s) posted on Our website and/or the registrars' website(s) at the time of your order and any subsequent orders. You agree to be bound by the terms of the ICANN UDRP as posted on the ICANN website at http://www.icann.org/dndr/udrp/policy.htm for all domains registered with TIDEWINDS. Alternate or additional dispute resolution policies may apply to ccTLD domains or domains in newer extentions and you specifically agree to be bound by the appropriate dispute resolution policy for the domain(s) you register with TIDEWINDS. You are obligated to pay to TIDEWINDS the applicable registration and renewal fees for the domain names you order at the time of your order. If you do not pay for said registrations or your payment is invalidated (e.g. by stopping a check or credit card chargeback) said domains shall be owned by TIDEWINDS. If you do not order and pay for the renewal of your domain(s) said domain(s) shall be owned by TIDEWINDS the day after the domain(s) expire. If the Redemption Grace Period (RGP) applies to your expired domain(s) the fee to reinstate each domain is $250 plus your ordinary 1-year renewal fee. You specifically agree that if you fail to pay for a domain and TIDEWINDS pays the domain name renewal fees that you grant to TIDEWINDS an irrevocable, one hundred (100) year, license to all of your trademark rights and associated goodwill which may be encompassed in the domains which TIDEWINDS pays for or which may be confusingly similar to said names. In addition, you specifically agree to assign all right, title and interest to any copyrights to any webpages that were hosted by TIDEWINDS to which said domain names resolved. TIDEWINDS may in its sole discretion use, convert, re-sell, park, or otherwise dispose of said domain names and/or content along with the licenses granted herein at any time, without any payment or notification to You. Any use by TIDEWINDS of any email addresses which included said domains shall be permissible and may be used by TIDEWINDS in any fashion TIDEWINDS sees fit and at its sole discretion. If you do not select nameservers for your domain name(s) at the time of registration TIDEWINDS will assign default nameservers that cause your domain name(s) to resolve to one or more parking pages hosted by one or more third-party advertising networks. TIDEWINDS has no control over the content of the advertisements placed on those web pages and shall have no obligation to share with you any revenue derived from those parked domain names. Additional terms mandated by our registrar(s), ICANN, the registries, and/or our partners pertaining to Your domain name registrations are hereby included by reference as though they were part of this document.
Jurisdiction: For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
Who Is Data Reminder: We and/or your registrar will remind you annually of your domains' expiration dates and of the data in your whois record(s) in accordance with the then-current ICANN Whois Data Reminder Policy published at http://www.icann.org/registrars/wdrp.htm
Transfers: After 60 days you may transfer your domains to another registrar at will. If you wish to transfer a domain out please inform us and we will provide the necessary forms or information.
Through Domain Privacy, Ltd. TIDEWINDS provides a WHOIS privacy/proxy service. The service is to be used solely for lawful purposes including avoiding unwanted communications and junk mail, email, or faxes. Communications from TIDEWINDS, any attorney, any member of law enforcement, and any other communications regarding the administration of your domain name are specifically excepted from protection by the service and will be passed to you. TIDEWINDS shall pass any demand letters delivered to TIDEWINDS for You to You. You shall be responsible for contacting any complaining party and must do so within seven (7) days. You must cc us on any communications. If we are not made aware that you have contacted the complaining party within said time period we may provide said party with your contact information. You specifically indemnify us for any fees, costs or damages associated with such matters. We may also release Your information in response to a valid and properly served subpoena without notice to you, though we will try to notify you of any such release of Your information if such notice is not otherwise prohibited.
TIDEWINDS also provides consulting, programming, administration and maintenance services. These services may be provided on a flat fee or hourly basis. When providing programming services, which include the creation of code of any sort, all copyrights are reserved to TIDEWINDS unless the quote or contract for services specifically transfers such rights. If such rights are not transferred as indicated then you have a limited license to use the software for the period of time as stated in any contract or quote. If no time limit for the license is stated then your license shall be for two (2) years after which time TIDEWINDS may require an additional licensing fee. TIDEWINDS’s failure to require such a fee shall not limit its right to ask for a fee at a later time and shall not act to transfer any rights to you. Administration, maintenance and consulting services may require our employees or consults who work for us to have access to your equipment. You specifically agree that we are not liable for any damage we do to your equipment even if our actions are grossly negligent or even intentional. The liquidated damages clause shall control in such a case.
You agree to provide and maintain at all times true, current, complete, and accurate information about You as required by the ordering process for any and all services You order. TIDEWINDS relies on the contact information You provide to send you important notices, invoices, and information regarding Your account and the services You ordered. We may institute any procedure we deem necessary to verify Your information and You agree to respond to any and all requests for verification within seven (7) calendar days. If we are unable to contact You or verify Your contact information within seven (7) calendar days we may suspend Your account and or services. Suspension of your account or services may prevent you from using and/or renewing existing services and from using or ordering new services.
You agree to indemnify, defend and hold harmless all registry operators including but not limited to Verisign Inc., Public Interest Registry, Afilias, Neustar, and all of their wholly owned subsidiaries, and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to Your domain name registration.
If there is a dispute between you and us, you specifically agree that all disputes and associated information is confidential and may not be provided to any third parties. If you provide such information to a third party you specifically agree that such an action is grievous harm to us and that you shall be liable for $5000 USD per day the information is available to a third party plus $5000 USD per third party who learns the information. You specifically agree to such damages to us as reasonable liquidated damages for such an act on your part.
TIDEWINDS is a service provider under the terms of the Digital Millennium Copyright Act U.S. Code Title 17 § 512 (DMCA) and as such will follow the terms of that statute WHEN EVER a third party makes a claim of infringement (including, but not limited to: copyright claims, trademark claims, patent claims, unjust enrichment claims, breach of contract claims, trade secret claims, etc). You hereby specifically agree to these terms and agree that We are not liable for any losses of any sort for our filing these terms. Further, You indemnify Us for any damages, losses, attorney’s fees and any other monetary or non-monetary losses due to third party claim(s) or Your actions. The DMCA requires a designated agent available for notification by third parties. TIDEWINDS hereby designates the following person and the methods of communication for that person / entity and for all legal correspondence:
Law Offices of Greenberg & Lieberman, LLC
Stevan Lieberman, Esq.
2141 Wisconsin Ave., NW Suite C2
Washington, D.C. 20007
NOTE to Third Parties: YOU MUST or we will take NO ACTION
A. Please use at least 2 of the above notification methods and more if you need action taken quickly.
B. Provide a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
C. Identify the right that has been infringed.
D. Identify the location on our client’s site that the infringement of that right has occurred and exactly what you want removed or taken down.
E. Provide information reasonably sufficient to permit us to contact you, the third party.
F. Provide a statement that you or the third party you represent has a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
G. Provide a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Knowing misrepresentation of any of the above facts shall make the third party liable for all damages to us and our client including costs and attorney’s fees.
If all of the above terms have been followed exactly then we will:
1. Take down, remove or disable the complained of material.
2. Notify our client why the material was taken down and provide our client with a copy of the third parties complaint.
3. If we receive a counter notification as described below we will
a. Send counter notification to the third party or third party representative; and
b. put back up / re-enable the complained of material between 10 to 14 business days after receipt;
c. We receive notice from the third party or their representative that an action has been filed seeking a court order restraining the use of the complained of material.
Counter Notification: For it to be effective it must be a written communication including:
A. A physical or electronic signature of the subscriber.
B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
C. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
D. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The article and section headings and the table of contents are for reference and convenience only and shall not be considered in the interpretation of this Agreement. Nothing in this agreement shall constitute the assignment of any patents, trademarks, copyrights, trade secrets or other intellectual property from us to you. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights. This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. This Agreement shall be governed by, and construed in accordance with the laws of Washington, D.C., USA and all disputes shall be venued in Washington, D.C. It shall be deemed that this click through contract has been signed in Washington, D.C. No dispute may go to a court of law and instead must be resolved through binding arbitration with a single arbitrator sitting in Washington, D.C. Said arbitrator shall follow the terms of this agreement and resolve the dispute within 10 days. There shall be no discovery and neither party may do more than submit a brief, which shall be limited in length to ten (10) pages. The only exception to arbitration is if TIDEWINDS believes You have infringed intellectual property in which case TIDEWINDS, in its sole discretion, may apply to any court it wishes for a temporary injunction, You agree that the court hearing the temporary injunction motion will grant the injunction without any bond and that injunction shall remain in force until the completion of an Arbitration. When reviewing this agreement it shall be deemed that you have had it reviewed by an attorney of your choice and that both parties drafted it equally. We reserve the right to change this agreement whenever we like. A new agreement shall be effective when posted on the website and you will be bound by the new terms at that time. You agree to review this agreement from time to time to ensure you are following all of its terms.
Thank you very much for reading and agreeing to this binding contract.