General Terms of Service

Last Revised: January 1, 2025

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between D3 Registrar Limited ("D3") and you and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Any agreements, arrangements and/or additional policies that apply to certain Services ("Services Agreements") and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms “we”, “us” or “our” shall refer to D3. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Site or the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES

D3 may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, D3 may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. D3 assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, D3 may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. D3 RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and/or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, D3 finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. D3 shall not be liable for any loss or damage resulting from D3's reliance on any instruction, notice, document or communication reasonably believed by D3 to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, D3 reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

4. YOUR ACCOUNT

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to D3 that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If D3 has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, D3 reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and payment methods. For security purposes, D3 recommends that you change your password at least once every six (6) months for each Account. You must notify D3 immediately of any breach of security or unauthorized use of your Account. D3 will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss D3 or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  • Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
  • You will not use this Site or the Services in a manner (as determined by D3 in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding D3 or D3's Services.
  • You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by D3.
  • You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  • You will not access D3 Content (as defined below) or User Content (as defined below) through any technology or means other than through this Site itself, or as D3 may designate.
  • You will not re-sell or provide the Services for a commercial purpose, including any of D3's related technologies, without D3's express prior written consent.
  • You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site or enforce limitations on the use of this Site or the Services found at this Site.
  • You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

You are aware that D3 may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether D3 asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which D3 is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of D3 that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from D3. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of D3 that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from D3. Message and data rates may apply.

Without limiting any of the rights set forth elsewhere in this Agreement, D3 expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any D3 policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by D3 in its sole and absolute discretion).

If your purchase or account activity shows signs of fraud, abuse or suspicious activity, D3 may cancel any service associated with your name, email address or account and close any associated D3 accounts. If D3, in its sole discretion, determines that any conducted activity is fraudulent, D3 reserves the right to take any necessary legal action and you may be liable for monetary losses to D3 including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact D3 Care.

6. PROTECTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

D3 may process personally identifiable information (“PII”) about you and/or any individual using any services provided to you under this Agreement. To the extent D3 processes PII for its purposes in providing the Services, D3 acts as the Data Controller and D3's Privacy Policy applies to such processing. To the extent D3 processes PII on your behalf as part of the Services, D3 acts as the Data Processor and the Data Processing Addendum applicable to the Services applies to such processing.

7. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

8. MONITORING AND MODERATION OF CONTENT

When using this Site and/or any Service, you will not provide, post, publish, share or otherwise make available or accessible any illegal content or content that is incompatible with or violates this Agreement. D3 generally does not pre-screen content posted by you to this Site. However, and subject to applicable laws, D3 reserves the right (but undertakes no duty) to do so and decide whether any item of such content is appropriate and/or complies with this Agreement. By way of example, D3 may for instance voluntarily screen or pre-screen material for potential child sexual abuse material and act against any such material. If D3 terminates your access to this Site or the Services found at this Site, D3 may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. D3 also reserves the right, but undertakes no duty, to review use of the Services and account activity for any activity that may pose a risk to D3 and/or D3's systems. D3 also may review, adjust the configurations of, and/or change the settings of any Services, including the settings of any hosted environment, that D3 believes, in its sole and absolute discretion, may pose a risk to D3, D3's systems, or any of its environments.

9. DISCONTINUED SERVICES; END OF LIFE POLICY

D3 reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although D3 makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by D3, in any way, effective on the EOL date. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, D3 will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by D3 in its sole and absolute discretion. D3 may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by D3 in its sole and absolute discretion, D3 will not be required to offer a comparable feature or functionality for the Service or a refund.

No Liability. D3 will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.

10. BETA SERVICES

From time to time, D3 may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) D3 reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) D3 may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that D3 may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to D3; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”.

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by D3. To the fullest extent permitted by law, D3 disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

11. FEES AND PAYMENTS; AUTOMATIC RENEWAL TERMS

Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.

Price Changes. D3 reserves the right to change its prices and fees at any time, and such changes shall either be posted online at this Site and effective immediately without need for further notice to you or notice shall be provided to you by email. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card; (ii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iii) crypto payments via connected wallets; or (iv) any other method you use to pay for Services as determined by D3 in its sole and absolute discretion, each a “Payment Method”. You acknowledge and agree that we may store your successful Payment Methods, as determined by us, used to pay for a Service as a Payment Method that we may use for payment for future purchases or renewals, including where a renewal is executed for a different subscription term and/or price as described herein. You can manage your stored Payment Methods and view or change your automatic renewal settings at any time by logging into your D3 account. Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.

Refunds Issued. You agree that where refunds are issued to your Payment Method, D3's issuance of a refund receipt is only confirmation that D3 has submitted your refund to the Payment Method charged at the time of the original sale, and that D3 has no control over when the refund will be applied towards your Payment Method's available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then D3, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; (ii) via issuance of a D3 check, which will be sent to the mailing address on file for your Account; or (iii) in some jurisdictions, as a bank transfer, when the payment processor cannot refund back to the Payment Method. D3 also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.

Autorenewal. To prevent service interruptions, all services will renew automatically unless you opt out. You can manage your renewal settings anytime by logging into your D3 account.

  1. How Auto-Renewal Works
    • Services will automatically renew for the same period unless otherwise stated. Domain names may renew for their original term.
    • Payment will be charged to your Primary Payment Method on file. If that fails, we may charge any Backup or Alternate Payment Methods listed in your account.
    • Renewal fees will be at D3's current rates, which may be higher or lower than your original price.
    • You may manually renew services for a different term, which will become the default for future renewals.
  2. Failed Payments & Reduced-Term Renewals
    • If all payment methods fail, D3 may attempt to renew your service for the shortest available term instead.
    • For example, if your service was for two years but payment fails, it may renew for one year instead.
  3. Opting Out of Auto-Renewal
    • If you disable auto-renewal, your service will expire unless you manually renew it before the end date.
    • If your service expires, D3 is not responsible for any loss or disruption.
  4. Billing Updates & Account Responsibility
    • Some banks and credit card providers update payment details automatically. If so, D3 may receive updated payment info and process charges accordingly.
    • You are responsible for keeping your payment details current. Failure to do so may result in service interruptions, and D3 is not liable for any resulting issues.
  5. Unsuccessful Charges & Fees
    • If D3 cannot collect full payment, we may cancel your services without notice.
    • You may be charged additional fees for chargebacks, disputes, or extra administrative work required to resolve payment issues.
  6. Currency & Taxes
    • Prices may be listed in various currencies, and your bank may apply foreign transaction fees.
    • Local taxes, such as VAT or GST, may apply based on your location.

12. ADDITIONAL RESERVATION OF RIGHTS

D3 expressly reserves the right to access any Account, as well as the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by D3 in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by D3 in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of D3, its officers, directors, employees and agents, as well as D3's affiliates, including, but not limited to, instances where you have sued or threatened to sue D3, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to D3's business, operations, reputation or shareholders.

D3 Content. Except for content posted by Users (“User Content”), the content on this Site and within the Services, including without limitation D3 data and the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks, logos contained on this Site and within the Services (“D3 Content”), are owned by or licensed to D3 in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. D3 Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of D3. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. D3 reserves all rights not expressly granted in and to the D3 Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.

13. TRADEMARK AND/OR COPYRIGHT CLAIMS

D3 supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to D3's Trademark and/or Copyright Infringement Policy referenced above.

14. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by D3. D3 assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, D3 does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release D3 from any and all liability arising from your use of any third-party website. Accordingly, D3 encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

15. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. D3, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. D3, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IV) ANY ACTION OR FAILURE TO ACT BY D3 CONSISTENT WITH THE TERMS OF THIS AGREEMENT, AND D3 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY D3, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

16. LIMITATION OF LIABILITY

IN NO EVENT SHALL D3, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO, FROM, OR THROUGH, THIS SITE OR THE SERVICES (INCLUDING ANY SITES OR SERVICES LINKED TO THIS SITE OR THE SERVICES (WHETHER THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) AND/OR ANY REMOVAL OR ATTEMPTED REMOVAL THEREOF, (IX) ANY REVIEW, SCANNING, ACCESS TO, AND/OR MODIFICATION OF THE SERVICES USED BY YOU, (X) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, (XI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT D3 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (XII) ANY AUTO-GENERATED OUTPUTS CREATED USING THE SERVICES.IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL D3'S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

17. INDEMNITY

You agree to protect, defend, indemnify and hold harmless D3 and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by D3 directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

18. COMPLIANCE WITH LOCAL LAWS

D3 makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

19. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, interpretation, performance, or termination thereof, shall be finally resolved by arbitration in accordance with British Virgin Islands (BVI) law and the BVI International Arbitration Centre (BVI IAC) Rules. The arbitration shall take place in the British Virgin Islands, and the language of the arbitration shall be English. The decision of the arbitrator(s) shall be final and binding on the parties. Each party shall bear its own costs in connection with the arbitration unless otherwise determined by the arbitrator(s).

20. UNCLAIMED PROPERTY; MAINTENANCE CHARGES

Please be advised that if a customer has an outstanding account balance (a credit positive balance), for three (3) years or more for any reason, then D3 shall turn over such account balance to the applicable U.S. state in accordance with state law.

21. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

22. NO THIRD-PARTY BENEFICIARIES

Except as noted in any Services Agreements, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

23. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

24. ENGLISH LANGUAGE CONTROLS

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.

25. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

D3 Registrar Limited
P.O. Box 3140
Commerce House; Wickhams Cay 1,
Road Town, Tortola;
British Virgin Islands VG1110.
[email protected]