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Terms And Conditions Of Use

Privacy Statement

SAMDNS.COM has a Privacy Statement setting out SAMDNS.COM’s online information gathering and dissemination practices with respect to the Sites. Click here to view the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.

Disclaimer of Warranty and Liability

THE SITES, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITES, AND THE SERVICES, INFORMATION, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION WITH THE SITES ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK.

SAMDNS.COM MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITES, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION, MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITES, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION, MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITES, IS WITH YOU.

SAMDNS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES, THE USER MATERIALS, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION, MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SAMDNS.COM TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITES, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITES, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING TWO MONTHS FOR USE OF THE SITES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF SAMDNS.COM SHALL NOT EXCEED TEN DOLLARS ($10).

Corrections and Changes

SAMDNS.COM endeavors to keep the Sites and Site Materials on, in, and through the Sites up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, SAMDNS.COM is not responsible for any errors or omissions in the Sites or Site Materials. SAMDNS.COM may make changes to the Sites or Site Materials, or to the products, information, or services made available in connection with the Sites, at any time, and SAMDNS.COM makes no commitment to update the information contained on or in the Sites. SAMDNS.COM reserves the right to terminate your access to the Sites in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.

Indemnification

You shall defend SAMDNS.COM and its directors, officers, employees, agents, and contractors ("SAMDNS.COM Indemnitees") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Sites and your use of the Sites, your fraud, violation of law, negligence, willful misconduct, or any other use of the Sites, the User Materials, the Site Materials, the services, products, information, materials on and in and made available through the Sites, (except to the extent attributable to SAMDNS.COM), or any breach by you of these Terms and Conditions and shall indemnify and hold SAMDNS.COM Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of SAMDNS.COM.

SAMDNS.COM may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If SAMDNS.COM does not notify you within 30 days after notice of the Claim that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to the SAMDNS.COM, subject to the right of SAMDNS.COM to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

Complaint Procedure

If you believe that any content or postings on the Sites violate your intellectual property or other rights, please send to SAMDNS.COM (abuse@SAMDNS.COM) a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."

Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither SAMDNS.COM nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Governing Law and Jurisdiction

These Terms and Conditions, including but not limited to, the Privacy Statement, represent the entire agreement between you and SAMDNS.COM with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the works, content, or materials on the Sites, you consent to the exclusive jurisdiction of the federal and state courts presiding in New York City, New York, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Securities Information

This Sites and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Sites may contain information and press releases about SAMDNS.COM, and although this information was believed to be accurate as of the date prepared, SAMDNS.COM disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

Miscellaneous

The Sites are controlled and operated from within the United States. Without limiting anything else, SAMDNS.COM makes no representation that the works, content, materials, services, information, or products available on, in, or through the Sites are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of SAMDNS.COM to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, but not limited to, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of SAMDNS.COM to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.

 

Effective from October 22, 2007