eOffice® Domain - License Agreement: Revision

Last updated by Admin

eOffice® Domain – License Agreement

Last modified: February, 19, 2018

 

 

Welcome to the eOffice® DomainLicense Agreement

 

eOffice® Network is the Original Online-Office Service. Its mission is to help you connect and share with other offices, publicly or privately.

 

Introduction

We are a social network and online-office services platform for individuals, businesses and organizations. To facilitate identity and to easily share with members of their professional network, we provide our registered users (also called “Online Office Owners”) a limited license to use a professional, third-level domain (3LD) (eOffice® Domain) ending in “eoffice.com.” This Agreement delineates the terms of that limited license.

 

a. Definitions

 

eOffice® Brand and Trademark

EOFFICE®
(USPTO Registration 2063815)
 
The brand and registered trademark of
eOffice® Brands
 

eOffice® Brands

eOffice Brands LLC
1134 Crane Street, Ste 216
Menlo Park, CA 94025
 
(eoffice.com domain owner)
 

eOffice® Network

eOffice Network LLC
1134 Crane Street, Ste 216
Menlo Park, CA 94025
 
(eoffice.com domain operator)
 

Online Office Owner

A customer of
eOffice® Network
 

eoffice.com

Second-level domain (2LD )
registered to eOffice® Brands
 

eOffice® Domain

Third-level domains (3LD)
licensed to customers
of eOffice® Network
 
Examples:
MyName.eoffice.com
JaneSmith.eoffice.com
MyCompany.eoffice.com
 

USPTO

United States
Patent and Trademark Office
600 Dulany Street
Alexandria, VA 22314
 

ICANN

The Internet Corporation for
Assigned Names and Numbers
2025 Waterfront Drive, Suite 300
Los Angeles, CA 90094-2536, USA
 

Network Solutions

Network Solutions, LLC
12808 Gran Bay Parkway, West,
Jacksonville, FL 32258
 

 

 

By using our Services, you are agreeing to the terms of (and entering into) this eOffice® Domain   License Agreement with eOffice Network LLC.

 

 

1. Entities

In this Agreement, “eOffice® Brands” refers to eOffice Brands LLC, the registrant for the second-level domain (2LD ) “eoffice.com” per agreement with the Internet Corporation for Assigned Names and Numbers (ICANN) and Network Solutions, LLC, whose parent company is Web.com Group, Inc.

 

Except as otherwise indicated, “we”/”We” and “us/Us” refers to eOffice Network LLC (“eOffice® Network”), the entity that operates the eoffice.com domain under sub-license from eOffice® Brands.

 

Except as otherwise indicated, “you”/“You” and “your”/”Your” refer to the person or entity licensing an eOffice® Domain. By entering into this Agreement, you agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent or representative. You also agree to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account you've established with eOffice® Network, whether or not the transactions were on your behalf.

 

2. eOffice® Domain Licensing

When you create an eOffice® Network account, you receive a limited license to use an eOffice® Domain ending in “eoffice.com”... this helps to easily identify your eOffice® Network account. For example, you might license an eOffice® Domain in the following forms.

 

Examples:

 

FirstLast.eoffice.com

where “First” and “Last” could represent your first and last names, respectively.

 

MyCompany.eoffice.com

where “MyCompany” could represent your organization’s name

 

eOffice® Network is the Licensor of this limited license and you are the Licensee. Your licensing of an eOffice® Domain is governed by the terms set forth herein. In doing so, you acknowledge that you are not registering ownership of any eOffice® Domain, but instead you are retaining rights to use an eOffice® Domain, limited to those of a licensee under the terms of this Agreement. Therefore, your license and use of any eOffice® Domain ending in “eoffice.com” is thus subject to all applicable rules and policies set forth in this Agreement, including any and all licenses granted herein.

 

3. Availability, Business Rules and Usage Rules

 

Availability

Your eligibility and the determination of which eOffice® Domains may be licensed and used under this Agreement are set forth by Licensor’s sole discretion.

 

Business Rules

You agree to be bound by the “Naming & Usage Rules” for eOffice® Domains, which are incorporated by reference into this Agreement.

 

Usage Rules

By using our services you are entering into the eOffice® Network – Terms of Service Agreeement (“TOS”) with eOffice® Network and upon breaching any of its terms may result in denial, suspension, cancellation, redirection, or transfer of any eOffice® Domain or related transaction, or placement of any eOffice® Domain, which you are licensed, on lock, hold or similar status.

 

From time to time eOffice® Network may set forth rules, procedures and/or guidelines in addition to the Business Rules and the TOS which further govern the License and use of an eOffice® Domain. Any such rules, procedures or guidelines will be available upon request and may be posted here or elsewhere as set forth by us. At all times during your license and use of any eOffice® Domain domain, you agree that you will comply with all such rules, procedures and guidelines.

 

eOffice® Network may modify such rules, procedures and guidelines in its sole discretion and at any time.

 

4. The eOffice® Brand and Trademark

eOffice® Brands is the exclusive owner of the eOffice® Brand and Trademark, which is federally registered with the United States Patent and Trademark Office (USPTO), as promulgated in the USPTO Principal Register, and any use of any eOffice® Domain is subject to the rules published in the eOffice® - Trademark Guidebook, all of which are set forth and subject to revision from time to time, by eOffice® Brands, at its sole discretion.

 

Your license under this Agreement to use any eOffice® Domain name is non-transferable, non-assignable, revocable and subject to all of the terms and conditions contained in this Agreement and incorporated by reference. You understand and acknowledge that your license and use of any eOffice® Domain name does not grant or permit to you any right, title or interest in or to the eOffice® Brand and Trademark. You hereby acknowledge eOffice® Brands’ exclusive ownership, rights and interests in and to the eOffice® Brand and Trademark. You acknowledge and accept the tremendous value of the eOffice® Brand and Trademark, the registrations therefor and the goodwill associated with the eOffice® Brand and Trademark and agree that any goodwill generated by the use of the eOffice® Brand and Trademark in any eOffice® Domain pursuant to this Agreement shall inure to the benefit of eOffice® Brands. Further, you will not do anything which is adverse or otherwise inconsistent with eOffice® Brands’ rights. You may not: (i) challenge the validity of the eOffice® Brand and Trademark or any registration therefor; (ii) contest the fact that your rights under this Agreement are solely those of a licensee; (iii) attempt to register any eOffice® Brand and Trademark, including any eOffice® Domain as a trademark in your own name; (iv) use the eOffice® Brand and Trademark in any manner that would jeopardize eOffice® Brands’ rights in the eOffice® Brand and Trademark; (v) knowingly do any act that would invalidate or be likely to invalidate the eOffice® Brand and Trademark registrations; (vi) combine the eOffice® Brand and Trademark with any other marks, names or symbols unless otherwise allowed herein or you obtain eOffice® Brands’ prior written consent; or (vii) otherwise use the eOffice® Brand and Trademark in any manner that violates your license or authorization to use any the eOffice® Brand and Trademark in any eOffice® Domain. You acknowledge that eOffice® Brands and eOffice® Network may exercise quality control over your use of the eOffice® Brand and Trademark in any eOffice® Domain to a degree reasonably necessary to maintain the validity of the eOffice® Brand and Trademark and to protect the goodwill associated therewith.

 

5. Term and Modifications

The term of this Agreement shall run for the time-period, paid-for at the time of licensing your subject third-level domain (3LD) eOffice® Domain from eOffice® Network and concurrently with the term of eOffice® Brands’ registration of the second-level domain (2LD ) “eoffice.com” with ICANN and Network Solutions, unless terminated as set forth herein.

 

You acknowledge and agree that eOffice® Network may revise, amend or modify the terms and conditions of this Agreement, and any policies or documents incorporated herein, at any time in its sole discretion. Any such change will be binding and effective immediately upon posting of the revised Agreement to this Website (www.eoffice.com), or, if notification of such changes is made available to you by e-mail or other mail, upon your receipt thereof. Your continued use of the subject eOffice® Domain after such changes shall constitute your acceptance of this Agreement as revised. If any such change or revision to this Agreement constitutes a materially adverse change to you, you may request cancellation of your eOffice® Domain license (provided you are not in breach of this Agreement). You agree that such cancellation shall be your exclusive remedy in such event. No provision of this Agreement may be amended or modified by you except by means of a written document signed by us.

 

6. Our Use of Your Information with regard to an eOffice® Domain License

In addition to the eOffice® Network – Privacy Policy, your Information will be used in the performance of administrative, technical and billing functions, and as part of the licensing process, you are required to provide certain information, including contact information (collectively, "Information"). We reserve the right to request additional Information at any time during the license process or during the term of license, including but not limited to information regarding your use of the subject eOffice® Domain, (for example, screen shots). You will notify us within fifteen days if any of the Information you provided, including contact information, changes. It is your responsibility to keep this Information in a current and accurate status. Failure by you, for whatever reason, to provide us with accurate and reliable Information on an initial and continual basis shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within fifteen days to any inquiries made by eOffice® Network to determine the validity of Information provided by you shall also be considered to be a material breach of this Agreement.

 

7. Payment

Payment by you shall be made pursuant to the terms and conditions set forth at the point of payment for the License. Payment is to be made by you providing a valid credit card for charge. If for any reason eOffice® Network is unable to charge your credit card with the full amount owed for the service provided, or if there is charge back for any fee previously charged to the credit card you provided, you agree that eOffice® Network may pursue all available remedies in order to obtain payment. You agree that the remedies which may be pursued in order to effect payment may include, but not be limited to, immediate cancellation without notice to you of this Agreement.

 

All payments made under this Agreement are non-refundable. eOffice® Network shall not be required to refund any fees paid by you if this Agreement is terminated for any reason.

 

8. Renewal

You may choose automatic renewal of your eOffice® Domain license, in which case this Agreement shall automatically renew for a subsequent one-year period subject to your payment of the current renewal fee, which may be higher or lower than the initial license fee. eOffice® Network shall secure your payment for automatic renewal using the payment method submitted at the time of your initial license of the eOffice® Domain. In the event this payment method is no longer valid, eOffice® Network shall send a notice to the e-mail address provided in connection with the Information you submit to eOffice® Network notifying you of such. It is your responsibility to update the payment information you have provided to eOffice® Network and submit a renewal request through www.eoffice.com or other appropriate website.

 

If you choose not to renew this Agreement at the conclusion of the term of the domain license for the subject eOffice® Domain name, eOffice® Network will provide a 30-day grace period for you to renew this Agreement. At the end of the grace period, if you have opted to not renew this Agreement, this Agreement shall terminate and the underlying eOffice® Domain name license will be deemed terminated. Upon termination, the subject eOffice® Domain name will no longer be licensed to you, and eOffice® Network reserves the right to immediately disable or deactivate any associated website content or e-mail address(es). You acknowledge that upon termination of this Agreement, the subject eOffice® Domain name may be licensed to any third party.

 

In the event you would like to license the subject eOffice® Domain name after termination, and subject to continued availability of the subject eOffice® Domain name, you may need to pay an additional recovery and restore fee depending upon the amount of time which has lapsed since domain termination.

 

9. Dispute Policy

In the event of a dispute with a third party regarding your license or use of any eOffice® Domain name, you will submit to and be bound by proceedings and the results thereof under any dispute policy or procedure set forth by eOffice® Network.

 

In the event eOffice® Network is notified that a complaint has been filed with a governmental, administrative or judicial body regarding an eOffice® Domain name that is subject to this Agreement, we may, in our sole discretion, take whatever action we deem necessary to comply with the actions or requirements of the governmental, administrative or judicial body, including but not limited to any action set forth in the "Breach and Revocation" Section of this Agreement, until such time as the complaint is fully resolved. Such actions could include, but are not limited to, "locking" the domain name, thereby preventing modification of the website content, and/or removing or disabling any website content associated with the eOffice® Domain. You agree to hold eOffice® Network harmless for any such actions taken by eOffice® Network, in addition to the indemnification provisions set forth in the "Indemnification" Section below.

 

10. Indemnification

You agree to defend, indemnify and hold harmless eOffice® Network and its affiliates, business partners, directors, officers, employees and agents, from and against any and all claims, actions, losses, damages, expenses and costs, including attorneys' fees and expenses, arising out of or relating to (i) your license and use of any eOffice® Domain name, (ii) any breach by you of this Agreement, including all documents incorporated herein by reference and representations and/or warranties set forth herein, (iii) any third party claim, action, or demand related to any eOffice® Domain name or the use thereof, or (iv) any dispute under the "Dispute Policy" Section herein.

 

11. Limitation of Liability

eOffice® Network WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO OR IN CONNECTION WITH (A) ANY (i) FAILURE TO LICENSE OR (ii) LICENSE OR (iii) LOSS OF LICENSE OF AN eOffice® Domain NAME; (B) THE USE OF AN eOffice® Domain NAME; (C) DELAYS OR INTERRUPTIONS OF ACCESS TO ANY OF eOffice® Network’s REGISTRATION SYSTEM OR SERVICES; (D) THE FAILURE TO DELIVER OR DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND eOffice® Network; (E) EVENTS BEYOND eOffice® Network’s REASONABLE CONTROL; (F) THE PROCESSING OF ANY APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH AN eOffice® Domain NAME; (H) REJECTION OF YOUR REQUEST TO LICENSE AN eOffice® Domain NAME; OR (I) THE APPLICATION OF ANY DISPUTE OR OTHER APPLICABLE POLICY. FURTHER, eOffice® Network WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS AND LOST DATA) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF eOffice® Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL eOffice® Network’s MAXIMUM LIABILITY EXCEED THE WHOLESALE COST OF THE LICENSE FOR THE eOffice® Domain WHICH IS THE SUBJECT OF ANY CLAIM FOR DAMAGES OR OTHER COMPENSATION (AS SET BY eOffice® Network AT THE TIME OF YOUR LICENSE OF OR REQUEST TO LICENSE, SUCH eOffice® Domain NAME). IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

 

12. Representations and Warranties

You represent and warrant that, to the best of your knowledge and belief, your license and/or use of any eOffice® Domain name, including the manner in which it is directly or indirectly used, does not infringe or violate the legal rights of any third party, including but not limited to, infringement of any copyright, trademark, patent or other intellectual property right. You represent and warrant that your licensed eOffice® Domain name will not be used in connection with any illegal activity. You represent and warrant that all Information provided by you in connection with your license and/or use is complete and accurate and that you have full capacity and authority to enter into this Agreement. Other representations and warranties made by you are set forth elsewhere in this Agreement.

 

eOffice® Network makes no representations or warranties of any kind in connection with this Agreement. eOffice® Network EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. eOffice® Network MAKES NO WARRANTY THAT ANY SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. eOffice® Network DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES PROVIDED, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

13. Breach and Revocation

In the event of a breach by you of any provision of this Agreement, including any representations and warranties set forth herein or any documents incorporated herein by reference now in effect or adopted later, eOffice® Network shall have the right in our respective sole discretions to delete, cancel, revoke, suspend, place on hold or lock, transfer or modify the subject eOffice® Domain name or your license to use it, without prior notification to you and without regard to any period of time remaining in the term of this Agreement, including any future year(s) of license already purchased. You acknowledge that eOffice® Network reserves the right to conclude that your conduct is in violation of the foregoing provisions or in breach of any provision of this Agreement or the documents incorporated herein by reference, and eOffice® Network may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded, and even if our opinion or suspicion is proven not to be well-founded. Any action taken by us under this Section may be taken by us in our sole discretion, without notice to you, without any obligation to refund fees paid, and otherwise without liability to you or to any third party for any such action.

 

eOffice® Network expressly reserves the right to deny, cancel or transfer any license that it deems necessary, in its discretion to correct mistakes by eOffice® Network in registering the name or facilitating the license, to protect the integrity and stability of the eoffice.com 2LD and registry, to comply with any applicable laws, government rules or requirements (including from ICANN), requests of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of eOffice® Network, as well as its affiliates, subsidiaries, officers, directors and employees. eOffice® Network also reserves the right to "lock" a domain name and/or remove or disable any website content associated with the eOffice® Domain during resolution of a dispute.

 

14. Prohibited Activites

You shall not use your eOffice® Domain name for (i) the transmission of unsolicited email (SPAM), (ii) repetitive, high volume inquiries into any of the services provided by eOffice® Network (i.e. eOffice® Domain name availability, etc.), (iii) distributing malware, (iv) abusively operating botnets, (v) phishing, (vi) piracy, (vii) trademark or copyright infringement, (viii) fraudulent or deceptive practices, (ix) counterfeiting, (x) otherwise engaging in activity contrary to applicable law. eOffice® Network may cancel your eOffice® Domain name license and/or terminate this Agreement if your eOffice® Domain name is being used in association with any of these activities and/or morally objectionable activities or violates the eOffice® Network TOS. Morally objectionable activities include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and pornography in violation of any applicable law or statute; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way.

 

15. Governing Law

This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement were a contract wholly entered into and wholly performed within the State of California, and without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the Parties. Any action to enforce this Agreement or any matter relating to your use of an eOffice® Domain may be brought exclusively only in the United States District Court for the Northern District of California (San Jose Division) or in the state courts of Santa Clara County, California, and each party to this Agreement expressly and irrevocably consents and submits to the jurisdiction and venue of such Courts, and courts of appeal therefrom, in connection with any such legal proceeding.

 

16. Miscellaneous

This Agreement, together with all documents incorporated by reference herein, and all amendments or modifications, constitutes the complete and exclusive agreement between you and eOffice® Network regarding the subject matter hereof, and supersedes and governs all prior proposals, agreements, or other communications. eOffice® Brands is a named third-party beneficiary of this Agreement, with full enforcement rights of its rights and other parties' obligations herein.

 

Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provision will be amended or construed so as to render it valid and enforceable and achieve, to the greatest extent possible, the objectives and intent reflected in the original provision. The provisions of Sections 2-16 of this Agreement shall survive the termination or other expiration of this Agreement.

History