Terms and Conditions
DomainEye TERMS & CONDITIONS OF SERVICE
Welcome to DomainEye!
I. INTRODUCTION
1. These Terms and Conditions of Service (hereafter “Terms”) govern and apply to your access and use of ToolDomains Ltd.’s website DomainEye located at www.domaineye.com (hereafter referred to as “DomainEye”) and all products and services offered therein as well as to all data and content that you receive from DomainEye (collectively referred to as “Service”).
2. You agree that you have read and understood these Terms and the relevant policies and conditions herein, and agree to be legally bound by them.If you do not agree to the Terms, you may not use the Service.
3. If you are using the Service on behalf of a legal entity such as a company or organization, you should have the proper authority to agree to the Terms on behalf of the legal entity that you represent. In that case, ‘you’ and ‘your’ refer to that entity.
II. THE SERVICE
1. Under the Terms, you are granted a limited, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Service under the condition that you do not sell, grant, sub-license or otherwise transfer any right in the Service to third parties, nor attempt to do so. DomainEye retains all rights not expressly granted by these Terms.
2. To access and use the Service you must be an identifiable individual over the age of 13 and have the legal capacity to enter in binding agreements.
3. For ease of use, DomainEye’ website allows you to create a registration account (optional) with different subscription plans (see article 3 below). You are required to provide DomainEye with registration data that is true, accurate, up-to-date and complete and that you maintain it as such.
4. Registrants must be made by a natural person. Opening accounts by any automated means will render them invalid. You must not register duplicate accounts as this will get you suspended from using the Service and also get your accounts terminated.
5. DomainEye reserves the right to suspend or terminate your account and not provide you again with the Service in the future if it determines that any of the registration data is untrue, inaccurate, outdated or incomplete.
6. When you open your account, you choose your user name and password (hereafter ”Account Data”) which may or may be required to be changed at a later stage subject to system and technical restrictions. The confidentiality of your Account Data as well as all activity under your account is your responsibility. In case of a breach of security, fraudulent or unauthorized use, or any other suspicious activity of your Account Data, you must notify DomainEye immediately. DomainEye is not liable for any misuse, losses or damages incurred from your failure to maintain the confidentiality of your Account Data and account.
7. DomainEye accounts may be accessed and used only by the registered user. You may not share, sell or transfer your Account Data to another. Failure to comply will result in immediate suspension or termination of the account and/or future use of the Service or any part thereof.
8. Unless otherwise stated, all new products or added features to the current Service will be subject to these Terms.
9. DomainEye reserves the right to change the requirements for opening a registration account at any time and for any reason.
III. SUBSCRIPTION PLANS AND CREDITS
1. DomainEye offers different subscription plans, including (but not necessarily limited to) “Free”, “Business” and “Platinum” (hereafter referred to as “Subscriptions”).
2. In addition, DomainEye offers different charging plans for the Subscriptions, being a one-month, a six-month or a twelve-month Subscription.
3. The Subscriptions are automatically renewed for the same period and under the same terms as your initial Subscription on the day that your Subscription expires.
4. Each Subscription provides you with a certain amount of credits that can be used within the DomainEye website for the purchase of or access to different products and services. The credits that you have not used by the end of your Subscription period will not be transferred to your new Subscription once it is automatically renewed.
5. You may purchase additional credits (“Additional Credits”) at premium prices depending on your Subscription. Such Additional Credits that you have purchased and have not used before the end of your Subscription period will be transferred to your new Subscription once it is automatically renewed.
6. The relevant fees and the amount of credits in respect of each Subscription and each charging plan are outlined in detail on our website at https://blog.domaineye.com//pricing-subscription-plans.
7. DomainEye retains the right to change, at any time and at its own discretion, the Subscriptions, their characteristics and the charging plans.
8. You are entitled to cancel your Subscription at any time. For the avoidance of doubt, you will not be entitled to any refund in respect of any time still remaining in your charging plan or any unused credits. Please note that it is your responsibility to liaise with your bank or PayPal to cancel your payment instruction to us.
9. DomainEye reserves the right to cancel your Subscription forthwith at any time with or without a notice to you. In case the cancellation is due to your breach of these Terms you will not be entitled to any form of refund.
10. In case the cancellation of your Subscription is without your breach of any provisions of these Terms you will be entitled to a reasonable refund in respect of any credits which are properly attributable to a part of your Subscription which but, as a result of our cancellation, you are unable to use. In that case such refunds will be solely in the form of credits.
IV. PAYMENT FOR THE SERVICE
1. All products and subscriptions offered at DomainEye’s website are sold at a fixed price clearly displayed with the respective product or subscription.
2. All payments in relation to your purchases from DomainEye must be made via a valid PayPal account or credit/debit card owned by you.
3. Your payment to DomainEye will automatically renew at the end of the subscription period for which you have registered, unless you cancel your paid subscription through your subscription page before the end of the current subscription period.
4. In case you change your payment details you shall notify DomainEye in advance.
5. If DomainEye fails to charge your account it may suspend your access to the Service or terminate your account without notice.
6. All charges you incur in relation to the Service or the use of the website are non-refundable for any reason whatsoever unless otherwise required by applicable law. If any refunds are due, then such refunds will be paid in credits that can be used within the website.
7. DomainEye will not be held liable for delivery failure due to invalid email accounts, unauthorized email breaches, or any other damages incurred by third parties to the registered user that prevent you from receiving you purchase. In such cases, the user shall notify DomainEye immediately.
8. All pricing featured on DomainEye’s website is exclusive of VAT or other sales taxes. Purchase transactions will include VAT or other sales taxes based on the information that you have provided during the purchase, including on your IP address. The tax rates are those in effect at the time your transaction is completed.
9. In accordance with Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, DomainEye will only charge tax in EU-based countries or states where digital goods are taxable. VAT will not be charged on VAT-registered business within the EU and on exports to countries outside the EU in which case the VAT is paid in the country of import.
V. MODIFICATION AND TERMINATION OF THE SERVICE
1. DomainEye reserves the right to modify the Service or any of its products and features including prices, suspend it or terminate it temporarily or permanently without any liability and at its own discretion. The Service may also become temporarily unavailable due to maintenance or upgrades.
2. Your account and/or use of the Service may be terminated if: you fail to comply with any provision of the Terms or act in a way that shows you don’t intend to; DomainEye is required to do so by applicable law; DomainEye decides to no longer offer the Service for any reason and at its own discretion in which case it is not liable to you for the termination of your account and/or for the termination of your use of the Service.
3. DomainEye reserves the right to suspend or terminate your account and use of the Service immediately and without notice in the case of: violating these Terms; failure to respond within 14 days to an inquiry about your registration information; for any other reason without cause or liability.
4. You may terminate your account or stop using the Service at any time and without notice.
VI. SPECIFIC TERMS AND CONDITIONS
If any feature or section of the Service is governed by specific terms and conditions, these specific terms and conditions shall prevail in relation to the use of that feature or section of the Service.
VII. RESTRICTIONS ON THE USE OF THE SERVICE
1. You are allowed to use the Service only under the terms and conditions stipulated under these Terms.
2. You will not use the Service for illegal purposes (including but not limited to supporting or enabling the transmission of mass unsolicited commercial advertising), but will comply with all applicable national and international laws.
3. You may not use the Service in any way that can damage, overburden, disable or in any other way disrupt the Service or interfere with any other party’s use of it.
4. You will not use any automated device, program or algorithm such as robots, page-scraping, etc. to access or monitor the Service or any part of it or to reproduce any of the structure or appearance of the Service or to obtain any data not deliberately made available through the Service.
5. You may not resell or rent the Service, any part of it or your access to and use of it. You may not attempt to discover any source code, service architecture, software or data relevant to the provision of the Service via reverse engineering or any other means.
6. You may not attempt to gain unauthorized access to any accounts, computer systems or networks connected to the provision of the Service through hacking, data mining or any other means.
7. Use of the Service in an attempt to create, support or improve a product or service that is competitive to the Service is not allowed.
VIII. INTELLECTUAL PROPERTY
DomainEye retains all rights in: the Service, in its whole and in part, including all its data, information, products, technology and APIs developed and provided by DomainEye on this website; all customizations, modifications, and translations of the Service; the processes, software and authored works developed in relation to the Service.
IX. PRIVACY PROTECTION
DomainEye cares about its users’ privacy and complies with the applicable data protection legislation. Unless required to provide the Service to you or to comply with a legal obligation, DomainEye will not disclose your personal information to any third party without your prior consent. For more information on the DomainEye’ use and collection of personal data, please refer to our Privacy Policy located at https://blog.domaineye.com//privacy-policy
X. DISCLAIMER
1. YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE, INCLUDING THE WEBSITES AND ALL INFORMATION THEREIN, ARE PROVIDED ‘AS AVAILABLE’ AND ‘AS IS’. DomainEye HEREBY EXPRESSLY DISCLAIMS TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATION OR WARRANTIES IN ANY KIND, EXPRESS OR IMPLIED, INCLUDING THAT THE WEBSITES, THE INFORMATION AND THE SERVICE: WILL MEET YOUR REQUIREMENTS OR BE COMPLETE, ARE FIT FOR ANY PARTICULAR PURPOSE, ARE ACCURATE AND ERROR-FREE; WILL BE AVAILABLE AT ANY PARTICULAR TIME AND PLACE UNINTERRUPTED, SECURE AND WITHOUT THE RISK OF ATTACKS; ANY ERRORS OR DEFECTS WILL BE CORRECTED; ARE FREE OF VIRUSES, WORMS AND OTHER HARMFUL MALWARE, OR PROTECTED FROM HACKING OR OTHER SECURITY BREACHES AND THEREFORE DISCLAIMS ANY LIABILITY.
2. Please note that the domain database the Service uses is a snapshot updated by DomainEye at its own discretion and may not represent real time results valid at the time of your request. Therefore, DomainEye disclaims any liability on direct, indirect or incidental damages caused by your actions or decisions based on Service results.
3. DomainEye shall have no liability for interruptions or omissions in Internet, network or hosting services.
XI. LIMITATIONS OF LIABILITY AND INDEMNIFICATION
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DomainEye, ITS EMPLOYEES, MANAGERS AND PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, DATA OR OTHER LOSSES ARISING FROM OR IN CONNECTION TO: THE ACCESS, USE OR INABILITY TO ACCESS OR USE THE WEBSITES AND/OR THE SERVICE, COSTS FOR PROCURING SUBSTITUTE SERVICES OR UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR DATA THROUGH THE SERVICE, EVEN IF DomainEye HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. DomainEye’ liability regarding the Service provided under these Terms is solely limited to the amount you paid DomainEye for the use of the Service.
3. You agree to indemnify and hold harmless DomainEye, its affiliates, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of these Terms or your violation of the Terms; your use of the Service; your use of any data or information provided by DomainEye via the websites or the Service; any use of your account or Account Data, whether by you or a third party; any intellectual property or other proprietary rights of third parties; any action taken by DomainEye as part of its investigation of a suspected violation of this Terms or as a result; any information or data you supplied to DomainEye, including but not limited to any incorrect registration data; or your violation of any third parties’ rights.
XII. CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
1. DomainEye reserves the right to amend, add or remove sections of the Terms at any time at its own discretion. It is your responsibility to regularly check if the Terms have been updated. The currently posted Terms apply.
2. If any amendments are unacceptable to you, you may terminate your compliance with the Terms and not use the Service anymore. Your continued use will constitute a binding agreement with the amended Terms.
XIII. GOVERNING LAW
All disputes arising from the current Terms or related to them, which cannot be settled amicably and through negotiations between you and DomainEye, shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry, pursuant to its Rules for cases based on arbitration agreements, whereas Bulgarian law shall be applicable. In case you are a consumer within the meaning of the Consumer Protection Act, you shall be entitled to refer the dispute to the competent Bulgarian courts.
XIV SEVERABILITY
If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
XV HEADINGS
The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.
If you have any questions or comments regarding the Terms, please let us know through the Contacts page. Don’t forget to check our FAQ section for more useful information at https://blog.domaineye.com//faq.
