Terms of Service

While using the services provided by Domain Americas you are accepting the terms and conditions with which these services are being provided.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE - This electronic commerce service ("Service") is owned and operated by ePagos, Inc. ("ePagos"). This service is being provided to you ("Member") under the terms and conditions of these Terms of Service ("TOS"), as well as any operating rules or polices that may by published by ePagos from time to time. The TOS and such operating rules and policies comprise the entire agreement between Member and ePagos and supersede any and all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING ANY FORM OR AGREEING TO PURCHASE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS DESCRIBED IN THE TOS AND SUCH OPERATING RULES AND POLICIES.

2. DESCRIPTION OF SERVICE - ePagos, through the First In Search Engines website, provides Members with the ability to gather information about their own web site as well as to submit information for enhancement of their web site or visibility of their web site. The site offers the following services:
(a) Free Services. Subject to all of the terms and provisions hereof, the following services are provided to Members free of charge for so long as they remain Members in good standing (defined as providing correct information and allowing periodic contact directly from ePagos subject to the Privacy Policy. (i) online keyword reporting tool and (ii) free basic submission service.
(b) Additional Services. Subject to all of the terms and provisions hereof, the following additional services are available to Members at their election: (i) Analytical report, (ii) search engine optimization, (iii) META Tag optimization, (iv) other services that may be developed or requested by client or (v) services provided by third parties that will be subject to the terms and conditions of those third parties and Member agrees to indemnify and hold harmless ePagos for the results of such services.
(c) Cancelation of Services. Any Member which desires to cancel the hosting services with ePagos must give ePagos thrity days notice.

3. MEMBERS RESPONSIBILITIES - All Members must provide for their own access to the World Wide Web and pay for any fees (including, but not limited to telephone service, or other telecommunications service) associated with such access. In consideration for this Service, Member agrees to (1) provide to ePagos such current, complete, and accurate information about Member as ePagos may request from time to time, and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested during the initial sign up procedure shall be referred to as "Registration Data." Member grants to ePagos the right to disclose to third parties the Member’s Registration Data and information regarding the services provided to the Member by ePagos; however, such disclosures will exclude Member’s name, mailing address, e-mail address, account and phone number unless: (1) Member expressly directs ePagos or any other person Member may specifically designate to disclose such information through the Service as provided thereby, and/or (2) ePagos is required to disclose such information by any applicable law or legal process served on ePagos. If any information provided to ePagos by Member is inaccurate, ePagos shall have the right to terminate Member’s membership and rights to use the Service, with or without notice.

4. MODIFICATIONS TO TERMS OF SERVICE - ePagos reserves the right to modify or discontinue the Service at any time or from time to time, with or without notice to Member. ePagos shall not be liable to Member or any third party should ePagos exercise its right to modify of discontinue the Service.

5. APPROPRIATE ACTIVITY– Member acknowledges and agrees that ePagos does not endorse the contents of any Member communications or web sites, and ePagos specifically disclaims any responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, as well as any claimed or actual infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Any such activity conducted by Member may result in immediate termination of service.

6. MEMBER IDENTIFICATION AND SECURITY - Once made a Member of the Service, Member shall receive correspondence through their email account. Member is entirely responsible to maintain the confidentiality of its mail account. Furthermore, Member is entirely responsible for any and all activities which occur under Member’s mail account. Member agrees to immediately notify ePagos of any unauthorized use of Member’s account or any other breach of security known or suspected by Member.

7. DISCLAIMER OF WARRANTIES-MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EPAGOS 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 OR USE AND NON-INFRINGEMENT. EPAGOS MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES EPAGOS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE MEMBER’S OWN DISCRETION AND RISK, AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EPAGOS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OBTAINED BY MEMBER FROM EPAGOS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY.

8. LIMITATION OF LIABILITY-EPAGOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE. EPAGOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PROCUREMENT OR PURCHASE OF GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICE. EPAGOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO, OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF EPAGOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EPAGOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE DRESS, SERVICE MARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, OR BY THE UNAUTHORIZED USE OF, OR ACCESS TO, THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY.

9. NO RESALE OF THE SERVICE - Member agrees not to sell or resell its access to the Service, without the express written consent of ePagos.

10. MEMBER CONDUCT - Member is solely responsible for the contents of its transmissions and communications through the Service. Member’s use of the Service is subject to all applicable local, state, national and international laws and regulations. Member expressly agrees: (1) to comply with the laws of the United States of America regarding the transmission of data exported from the United States of America or the country in which you reside through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Member’s conduct is subject to Internet regulations, policies and procedures. Member expressly agrees not to use the Service for transmission of any action relating to the dissemination of chain letters, junk mail, "spamming," including using the Service or ePagos websites or e-mail to facilitate communication with willing parties. Member expressly agrees not to make use of distribution lists to contact or communicate to any person or entity who has not given specific permission to be included in such a process. Member expressly agrees not to use the Service to transmit or make available for display any unlawful, harassing, libelous, abusive, threatening, harmful vulgar, obscene or otherwise objectionable material of any kind or nature. Member expressly agrees that ePagos retains the sole discretion to determine, in good faith, objectionable conduct in violation of the TOS, as described herein. Member expressly agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Attempts to gain unauthorized access to the Service or any other computer system are expressly prohibited by ePagos and may result in termination of Service, with or without cause, with or without notice. Member expressly agrees that it shall not interfere with any other Member’s use and enjoyment of the Service. ePagos reserves the right to determine Membership on the Service at all times and to decline to permit any third party to become a Member.

11. INDEMNIFICATION - Member agrees to indemnify and hold ePagos, its parents, subsidiaries, affiliates, officers, directors, employees, successors and assigns, harmless from any and against any and all loss, cost, damage, liability and expense, including reasonable attorney’s fees and other litigation expenses, suffered or incurred as a result of, in connection with, or arising out of Member’s use of the Service, Member’s failure to preserve the confidentiality of its email, any third party’s claim of infringement of any copyright, patent, trademark, trade dress, service mark, trade secret or other intellectual property right arising out of the conduct of Member or any person using Member’s email, or Member’s violation of this TOS or any of the ePagos operating rules or policies.

12. TERMINATION - Member or ePagos may terminate the Service with or without cause at any time and effective immediately. Should Member object to any terms and conditions of this TOS or any subsequent modifications thereto, or become dissatisfied with the Service in any way, Member agrees that its only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify ePagos of termination as outlined above. Upon termination of the Service, Member’s rights to use the Service immediately ceases, and ePagos shall thereafter have no obligation to maintain or forward any data or communications to Member or any third party.

13. NOTICE - All notices to a party shall be made in writing and shall be made either via e-mail or conventional mail. ePagos may broadcast notices or messages through the Service to inform Member of changes to the TOS, the Service itself, or other matters of importance; such broadcasts shall constitute notice to Member.

14. EPAGOS PROPRIETARY RIGHTS – Member acknowledges and agrees that the Service and any software provided by ePagos for use in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ePagos or advertisers, Member agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

15. LIMITED LICENSE TO USE EPAGOS SOFTWARE - ePagos grants to Member a personal, non-transferable and non-exclusive right and license to use the object code version of the Software solely for Member’s own electronic commerce and not on behalf of any third party, provided that (a) Member uses the Software and the Service strictly in accordance with the terms of this TOS and such ePagos operating rules and policies as may be in effect from time to time, (b) Member does not use the Software or the Service in any way which violates any law of any jurisdiction anywhere in the world, (c) Member does not use the Software or the Service in connection with content, products or services which include obscenity or explicit sexual imagery, pornography, adult sex toys, gambling or other activities which ePagos determines to be illegal or immoral in its sole discretion, and (d) Member does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in, the Software. Member agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Member agrees not to access the Service by any means other than through the interface that is provided by ePagos for use in accessing the Service.

16. ATTORNEY’S FEES - Should any litigation be commenced between the parties to this TOS, or the rights and duties of either in relation to this TOS, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted, to a reasonable sum as and for its attorney’s fees in that litigation which shall be determined by the court in that litigation or in a separate action brought for that purpose.

17. GOVERNING LAW - This TOS shall be governed by and construed in accordance with the laws of the United States of America and the State of Florida. Member and ePagos agree to submit to the exclusive jurisdiction of the courts of the State of Florida. Venue shall be established in the County of Miami-Dade. If any provision of this TOS is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties. ePagos’ failure to exercise or enforce any right or provision of this TOS shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by ePagos in writing.

18. SUCCESSORS AND ASSIGNS - This Agreement shall be binding on and shall inure to the benefit of the parties to this TOS and their respective heirs, assigns, executors, and administrators.

If you have any questions about our Terms of Service, please contact us at web@domainamericas.com and we will be happy to assist you.