The eNom Business Listing Service Agreement (“the Service Agreement”) is entered into by and between eNom, Inc., a Delaware Corporation (“eNom”) and you and your heirs, agents, successors and assigns (collectively, “You” or “Your”) and sets forth the terms and conditions of your use of eNom Business Listing and its related services (“the Business Listing Services”). By using the Business Listing Services, You acknowledge that you have read, understand, acknowledge and agree to be bound by all the terms conditions of this Service Agreement as well as the eNom Registration Agreement and any new, different, or additional terms or conditions that eNom may establish from time to time at its sole discretion.
1. Description of the Service. Through the Business Listing Services, eNom is providing You with an opportunity to add information about Your business, Your products or services, or about Your domain name or web site (referred to generally in this Service Agreement as “Advertising Content") to Your WHOIS listing that appears in the WHOIS database and WHOIS search results. You are also provided with an opportunity to make Your WHOIS listing part of a searchable WHOIS listing directory.
2. Display of Your Advertising Content. You hereby grant to eNom a non-exclusive, royalty-free, worldwide right and license by all means and in any media to use, reproduce, distribute, modify for technical purposes, publicly perform, publicly display and digitally display the Advertising Content. You further grant eNom the right to distribute the Advertising Content to other third parties that wish to publish the Advertising Content in accordance with terms established by eNom. eNom does not edit the Advertising Content written and submitted by You through the Business Listing Services templates. You agree that You shall bear all responsibility and liability for any and all claims related to the Advertising Content displayed with the WHOIS listing as part of the Business Listing Services. You further agree that eNom shall have no liability for any and all claims that relate to any Advertising Content, copy, data or text that submitted.
3. Your Advertising Content Guidelines. You acknowledge and agree that in order for eNom to maintain the integrity of the Business Listing Services, You are subject to this Service Agreement and the other terms and conditions in the eNom Registration Agreement. eNom may, in its sole discretion, reject, cancel, or remove, at any time, any Advertising Content from the Business Listing Services for any reason without prior notice to You. eNom will not be liable in any way for any rejection, cancellation or removal of any Advertising Content. You represent and warrant that: (a) You have all necessary authority to enter into this Agreement; (b) You will comply with all applicable laws; (c) that all text, data and information submitted by You for display as the Advertising Content is true, accurate, and complete; and that (d) any use and display of the Advertising Content shall not: (i) infringe or violate any patent, copyright, trademark, service mark, trade secret, or other intellectual property right of a third party, including any right of privacy or publicity; (ii) violate any federal, state or local laws or regulations or foreign laws; (iii) contain material that is pornographic, obscene, vulgar, defamatory, libelous, fraudulent, misleading, threatening, hateful, or racially or ethnically objectionable at the sole opinion of eNom; (iv) condone or participate in any activities designed to harm minors in any way; or (v) condone or participate in activities designed to impersonate the identity of a third party; or (vi) be likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
4. Third Party Advertising. By agreeing to the terms of this Service Agreement, You grant eNom the right to place, and generate revenue from, Third Party Advertising (“Advertising”) placed throughout the Business Listing Services. You further acknowledge and agree that any Advertising placed in the Business Listing Services may contain advertisements, offers, or other links to other websites and resources of third parties that eNom does not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that eNom is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources.
5. Term and Billing. As consideration for the Business Listing Services, renewal of the Business Listing Services, and, if you select it, automatic renewal of the Business Listing Services, you agree to pay, prior to the effectiveness of the Business Listing Services, the applicable fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. At eNom’s option, eNom may require that you pay fees through a particular payment means (such as by credit card or wire transfer) or that you change from one payment provider to another. eNom reserves the rights and sole discretion to modify its pricing at any time, if desired by eNom.
6. Cancellation; Termination. eNom may, at any time, terminate the Business Listing Services, terminate this Service Agreement or disable or take down any Advertising Content displayed. eNom will notify You by email of any such termination or cancellation which shall be effective immediately. eNom reserves the right to immediately terminate this Service Agreement without prior notice if Your use of the Business Listing Services results in, or is the subject of, legal action or threatened or proposed legal action, against eNom or any of its affiliates, without consideration of whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit.
7. Disabling the Business Listing Services. You may “turn off” the Business Listing Services, thereby concealing your Advertising Content, by disabling the “visibility” feature in Your account.