Terms & Conditions
This Agreement shall govern participation in the Bodis program (the "Program"). By participating in the Program, you will be deemed to have read and agreed to the Bodis General Terms and Conditions including all other policies referenced herein.
In addition to the definitions appearing elsewhere in this Agreement, when used in this Agreement the following terms shall have the following meanings:
1.1 "Member" shall refer to any individual or entity who agrees to the terms and conditions of this User Agreement by submitting the Bodis registration form.
1.2 "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy law ad any and all other proprietary rights.
1.3 "Program" shall be defined as the program offered by Bodis to its members, allowing the utilization of all services provided by the Company.
2.1 By entering into this Agreement and utilizing our services, you represent and affirm to Bodis the following: (a) You are at least 18 years of age(if natural person); (b) you have the legal right and authority to enter into this Agreement and to perform the acts required of you under this Agreement; (c) all of the information provided by you to Bodis to enroll and participate in the Program is accurate and current; (d) you will update your Bodis account to ensure that your information remains accurate and complete at all times; (e) your domains do not and will not violate any applicable law, statute, ordinance or regulation and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under the consumer protection.
2.2 If you are registering as a business entity, you represent that you have full capacity, authority and all necessary licenses, permits and consents (including, where its circumstances and procedures so require, the consent of the parent company) to enter into and to perform this Agreement and shall maintain the same during the term of the Agreement.
2.3 Participation in the Program is subject to Bodis Management's prior approval and your continued compliance with the terms of this Agreement including all policies referenced within. We reserve the right to refuse participation to any applicant or participant at any time in our sole and absolute discretion, and to suspend, restrict and/or terminate the services provided under this Agreement and your participation in the Program, without any liability to Bodis, for any reason, including but not limiting to the violation of the acceptable use of terms described and referenced herein.
III. General Terms
3.1 Listing Restrictions
As a Member you warrant that all domains listed on the Bodis Network comply with the following provisions and obligations:
3.1.3 The Domain does not infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights or may cause offense;
3.1.4 Members may not park, buy, sell, and manage any domains/ websites related to child pornography or bestiality;
3.1.5 The Domain is not the subject of any legal disputes or proceedings challenging your right to register or use the Domain;
3.1.6 You own and have the right to sell the content, if any, listed as part of your Domain;
3.1.7 Domain listing statistics have not been altered, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to potential Buyers;
3.1.8 Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content;
3.1.9 The responsibility for the content of Domain listings, including the accuracy of any statistics, whether measured and displayed by Bodis or otherwise, lies exclusively with the respective Sellers, Buyers, members and Guests.
3.2 Currency Specifications
The US Dollar will be the exclusive currency used for all transactions and payments.
3.3.1 Member understands that Bodis will not withhold taxes and that it is the responsibility of Member to pay all local, state, federal, and/or foreign taxes on earnings and payments received from the Program.
3.3.2 Member agrees to indemnify from and reimburse to the Program any claim or assessment of Taxes by any foreign, United States, state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the use and operation of the Bodis Site and Services.
3.4 Amendment Rights: We may amend this Agreement at any time by posting the amended terms on the Site which shall automatically be effective upon posting on our site. Further, all members will be notified individually of the changes.
IV. Use of Domain Parking Program
All of the following terms and conditions must be adhered to and are legally binding immediately upon acceptance of the agreement.
4.1 Member Obligation
4.1.1 Member may not have more than one account at any time. Only one account per individual or entity is allowed.
4.1.2 Member may not redirect traffic to his/her/its parked domain name.
4.1.3 Member may not display their parked page as a pop-under or pop-up window.
4.1.4 Member may not place links on a domain name that are unrelated to the subject of the domain name.
4.1.6 Member may not mislead visitors into believing that he/she will receive anything other than an internet search by clicking on a text link or search box.
4.1.7 Member agrees not to publish, link, post, or distribute any of the following: (a) offensive, inappropriate, profane, infringing, indecent or unlawful topic, name, material or information; (b) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other ownership rights, unless he/she owns such rights or have received all necessary consents for the use of such material; (c) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer systems; (d) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or violate any applicable government laws.
4.1.8 Member represents and warrants that all required licenses have been acquired and no rights of third parties, including, but not limited to, trademarks, copyrights, proprietary rights, or other applicable laws are violated in the custom content provided by the Member.
4.1.10 Member agrees not to publish, add or insert any content that will result in an infringement of third party rights, including, but not limited to, trademark, naming or publicity rights or may cause offense.
4.1.11 Member may not park or generate traffic to any domain name where visitors are seeking adult content relating to pornography in the following countries and/or regions: China.
4.2 Earnings and Payments
4.2.1 The Program will pay Member a commission earned for each approved click on Program textlink or searchbox less any amount the Program determines, in its sole discretion, was not validly earned violating clause. Member will be paid via check, direct deposit, wire transfer, or Paypal.com services, in U.S. currency only.
4.2.2 Minimum payout for check or direct deposit is $20. Minimum payout for wire transfer is $1000. If the minimum payout is not met, the member's earnings will continue to roll over to the next payment cycle until the minimum has been met or until the member's account is terminated.
4.2.3 A payment shall be payable to member 30 days after the end of each calendar month provided that Bodis has been given accurate and valid payment information by member, by the 25th day of each month in which the payment is processed.
4.2.4 Member understands that Bodis will not withhold taxes from any payments, and that it is the responsibility of Member to pay all local, state, federal, and/or foreign taxes on income received from the Program.
4.2.5 In order to receive timely payouts, Member understands that a valid and accurate W-9 or W-8 tax information must be provided and on file. Anyone who fails to meet this requirement will have their full earnings withheld until the requirement has been fulfilled.
4.2.6 Members may not be able to monetize traffic that originates from countries not covered by our upstream ad providers.
4.2.7 If the monthly parking earnings are not redeemed by the Member within twelve (12) months after being generated, then the balance shall expire and will no longer be payable or available to the user.
4.2.8 Bodis does not guarantee specific rates or prices for clicks received and member hereby recognizes that the rates and prices fluctuate dependent upon market forces.
4.2.9 Bodis shall have no obligation to pay Member any monies or payments earned through invalid activity and any breach of Clause 4.3.
4.3 Fraudulent Traffic
4.3.1 Member may not generate traffic to their website or our links by any of the follow methods: incentives and programs such as Adwords or similar, unmonetized traffic from other parking programs, listings on newsgroups, bulk e-mailing, ICQ postings, or chat-room/IRC postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, java-scripts, or any other similar method. All revenue earned in such manner will be forfeited by the Member and user's account will be terminated permanently due to the breech of this agreement.
4.3.2 Member may not solicit, request, entice, or incentivize users into clicking on our links.
4.3.3 Member may not, under any circumstance, click advertisements on his/her own domain names, nor ask friends, family, employees, or others to do so.
4.3.4 Upon reasonable suspicion that a Member's earnings result from Fraudulent Traffic, Bodis reserves the right, without prior notice and at Bodis' sole discretion, to delete any or all of the accumulated parking earnings, to remove any or all of the Member's domain names from the Parking Program, and/or suspend or delete Member's account.
4.4 Violation of Agreement or Parking Regulations
Inability to comply with any of said terms of agreement may result in a forfeit of any unpaid earnings and result in the permanent termination of Member's account at our sole discretion. In addition, legal course of action may be considered to prosecute violating Members. Bodis will cooperate with legal authorities in releasing information about users who violate any part of this Agreement.
4.5 Warranties and Limitation of Liability
4.5.1 BODIS WILL NOT BE HELD RESPONSIBLE AND LIABILE FOR ANY CONTENT PROVIDED BY THIRD PARTIES INCLUDING ADVERTISERS THROUGH THE DOMAIN PARKING SERVICE. FURTHER, BODIS WILL MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
4.5.2 Domain Parking statistics are provided for informational purposes only, and Bodis makes no guarantee as to their accuracy. The information presented on Bodis Web Sites is not meant to be a contract of any type, either express or implied, and should not be treated as such by members.
V. Intellectual Property Violations
5.1 Third Party Rights Infringement In the event that Bodis has been notified by a third party that Member's use of the Domain Parking and or Selling Service may infringe the rights of a third party, Bodis reserves the right to immediately suspend the Domain in question without prior notice and to prohibit the Member from using the affected domain name with any of Bodis services.
5.2 Bodis prohibits the purchase or sale of domains comprised of trademark protected terms and will not be held liable for any damages resulting from such transaction.
5.3 Bodis shall not be liable for any legal transactions or other acts of Domain Marketplace and/or Parking Program users. This applies to any violations of rights of a third party through the listing of a Domain with the intensions to sell and/or park.
5.4 Bodis shall not be responsible for monitoring the intellectual property rights violations by its members. It is the intellectual property owner's responsibility to monitor their rights and to file a complaint if they believe these rights have been violated by a Bodis member.
VI. Warranties and Limitation of Liability
6.1 IN NO EVENT WILL BODIS OR ITS SUBSIDIARIES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO BODIS WEBSITE(S) OR ANY WEB SITE OPERATED BY ANY THIRD PARTY.
6.2 MEMBER CLEARLY UNDERSTANDS AND AGREES THAT BODIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PROGRAM; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
6.3 THE PROGRAM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS). THE PROGRAM AND ITS LICENSORS MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
6.4 Bodis assumes no responsibility for consequences from the use of the information available on the Bodis Website(s) or any sites associated within, or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. Bodis is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference or reliance on such information.
6.5 In no event shall we be liable to the Customer for any loss of business, loss of reputation, depletion of goodwill, loss of opportunity or loss of profits or for any other indirect or consequential loss, damage to or corruption of data or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable.
Member shall indemnify, defend, and hold harmless the Program, and its officers, directors, shareholders, employees, agents, and representatives (collectively, "Indemnitee"), against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitee ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from or related to this Agreement. Member may not assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of the Program. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under the Agreement. This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assignees, and no other person or entity shall have or acquire any right by virtue of this Agreement. This Agreement shall be governed and interpreted by the laws of Shenzhen, China.
VIII. Privacy and Confidentiality
8.2 During the term of this Agreement and for one year after termination of this Agreement, Member agrees to safeguard and, except for the benefit of the Program, not to disclose to anyone outside the Program any proprietary or confidential information acquired during this Agreement. Such information includes, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.
IX. Terms and Termination
9.1 Violation of Acceptable UseIn the event Bodis is notified by a third party that Member's use of the Bodis Services may infringe the rights of a third party, Bodis reserves the right to immediately suspend the Domain Listing or Ban the Domain from Parking without prior notice and to prohibit the Member from using the affected domain name with any of the Bodis Services.
9.2 Bodis shall have the right to terminate this Agreement and member's access to the Website and related Services at any time, with or without cause, and with or without notice.
9.3 Upon termination of a member's right to use the Bodis Services, the member will no longer have/ may have limited access to any data or information previously created, maintained, managed, or stored on the Website. Bodis shall have no obligation to maintain any such data or information.
9.4 Immediate Termination for Certain Breaches
9.4.1 Upon reasonable suspicion that a Member's parking earnings are the result of fraudulent traffic (see clause 4.3 for definition), Bodis reserves the right, without prior notice and at its sole discretion, to deny any or all of the accumulated earnings from the Members Account, to remove any or all of the Member's domain names from the Parking service, and/or suspend or delete the Member's account.
9.4.2 Should Bodis find that a member is circumventing the Services, Bodis reserves the right to terminate member's account and cancel all of the listings immediately.
9.4.3 Any breach by member of this Agreement may result in the immediate cancellation of all services provided to the member and the immediate termination of the membership in the Program.
The failure of Bodis to enforce or to exercise at any time or for any period of time any term of or any rights pursuant to this Agreement does not constitute, and shall not be constructed as, a waiver of such term or right and shall in no way affect Bodis' right later to enforce or to exercise it.
If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties this Agreement.
12.2 If any breach of Agreement or any document incorporated by reference occurs, Bodis may determine to place a hold on any pending transactions associated with a Member's account; limit funding sources and Payments; limit Member's access to his account or to any functionality of the account; or indefinitely suspend or close Users' account and refuse to provide our Services. In addition, Bodis reserves the right to hold funds beyond normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. In the event Bodis deems the closure of Member's account necessary, Bodis will provide notice and pay all of the unrestricted funds in the account.
12.3 Member is an independent contractor and in no way and under no circumstances that Member should look to the Program for compensation and benefits as an employee. If any party of this agreement fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, technical problems of Bodis or its providers, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused. This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement.
All notices shall be given:
To Bodis, by using our online contact form or by post to Bodis, Suite E1806-18825, East Tower Nanshan Software Park, 10128, Shennan Blvd Nanshan District, Shenzhen 518052 China.
To Member, by email to the email address provided to us at the point of your registration, as may be amended by Member on the Account Details section of the Bodis Website from time to time.