1. Estibot Terms
1.1 Your use of EstiBot’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and EstiBot. “EstiBot” means EstiBot.com Inc., whose principal place of business is in Glenview, IL, United States and whose mailing address is EstiBot.com Inc, PO Box 3026, Glenview, IL 60025.
1.2 Unless otherwise agreed to in writing with EstiBot, your agreement with EstiBot will always include, at a minimum, the terms and conditions set forth in this document. These are referred to below as the “Global Terms”.
1.3 Your agreement with EstiBot will also include the terms of any Legal Notices applicable to the Services, in addition to the Global Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Global Terms, together with the Additional Terms, form a legally binding agreement between you and EstiBot in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Additional Terms say and what the Global Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by EstiBot in the user interface for any Service; or
(B) by using the Services. In this case, you understand and agree that EstiBot will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with EstiBot, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
3. Service Overview
3.1 EstiBot provides automated domain name appraisal services, data services and an assortment of productivity tools. All services are fully automated and are provided AS IS and AS AVAILABLE without warranty or guarantee of any kind.
3.2 All information is provided for research purposes only. Domain valuations and dollar values should not be taken literally. The valuation data is simply an aggregated summary of the various metrics associated with a domain or site.
3.3 All information, including valuation information, search volume information, cost per click information and other analytics is subject to change without notice.
3.4 Data services and tools are subject to information availability and may not be complete, accurate or up to date.
3.5 Trademark analysis and risk assessment information is provided for informational purposes only and should not be taken into consideration when making legal decisions. You agree not to hold EstiBot responsible or liable for any damages which may result from the use of trademark analysis services.
3.6 All information provided by EstiBot is the property of EstiBot and cannot be republished, resold, redistributed or made publicly accessible without written consent from EstiBot.
3.7 All services provided by EstiBot are licensed for personal and small business use only. Enterprise users (corporations with more than 5 employees) must obtain an Enterprise license in order to use EstiBot
3.8 While EstiBot takes measures to ensure service availability, certain high volume queries by our customers may result in Services being inaccessible or slow. In the event of Services becoming inaccessible or slow, you agree to notify EstiBot of problem and reduce query load.
3.9 You acknowledge that you have been warned and understand that purchase and sale decisions should never be based solely on appraisal information or other information provided on our site or by an EstiBot employee.
3.10 You understand, acknowledge and agree that all information and tools made available through the use of Services are generated using automated means and are subject to errors, inaccuracies, inconsistencies and incompleteness which may or may not be corrected by EstiBot, at EstiBot's discretion.
4. Provision of the Services by EstiBot
4.1 You acknowledge and agree that EstiBot may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at EstiBot’s sole discretion, without prior notice to you.
4.2 You acknowledge and agree that if EstiBot disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.3 You acknowledge and agree that while EstiBot may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by EstiBot at any time, at EstiBot’s discretion.
4.4. You agree not to create multiple accounts on EstiBot for the purpose of circumventing access restrictions and query limits.
4.5 You acknowledge and agree that EstiBot reserves the right to cancel and terminate any account, without a refund, which violates the terms set forth in this agreement.
4.6. You agree not to use the affiliate program to sign up yourself or individuals from your organization.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to EstiBot will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by EstiBot, unless you have been specifically allowed to do so in a separate agreement with EstiBot. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) unless accessing the designed API interface.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with EstiBot, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that EstiBot has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which EstiBot may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to EstiBot for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify EstiBot immediately at the contact page.
6.4 Furthermore, you agree to not share your login or password credentials with anyone. Only the user named in the registration form can access and use the service.
6.5 You agree not to access the service from multiple locations simultaneously unless you have been authorized to do so in writing from EstiBot.
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with EstiBot’s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, graphics, domain metric) which you may have access to as part of, or through your use of, the Services are provided AS IS without warranty or guarantee of any kind.
8.2 You agree that you are solely responsible for (and that EstiBot has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which EstiBot may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that EstiBot (or EstiBot’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by EstiBot and that you shall not disclose such information without EstiBot’s prior written consent.
9.2 Unless you have agreed otherwise in writing with EstiBot, nothing in the Terms gives you a right to use any of EstiBot’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with EstiBot, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.5 Unless you have been expressly authorized to do so in writing by EstiBot, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from EstiBot
10.1 EstiBot gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the service provided to you by EstiBot as part of the Services (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by EstiBot, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by EstiBot, in writing.
10.3 Unless EstiBot has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services.
10.4 Access to Services is limited by daily query volume which are based on account level. Query volume is reset at midnight US Central time (00:00:00).
10.5 A query is defined as a request to retrieve information for a single record. For example, an appraisal query containing a single domain is counted as a single query. Furthermore, a bulk appraisal containing 500 domains is counted as 500 queries. The above example is applicable to other queries (tool queries, information queries, etc).
11. Content licence from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give EstiBot a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling EstiBot to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You confirm and warrant to EstiBot that you have all the rights, power and authority necessary to grant the above licence.
11.3 EstiBot allows its customers to provide credentials and access to their monetization accounts and parking reports. EstiBot reserves the right to download all information provided in such reports including domains, hits, uniques, searches, clicks, RPM, RPC, offers, categories and all other data made available through the parking account. By granting EstiBot access to your monetization account, you understand and acknowledge that EstiBot will download, analyze and archive monetization information for all domains within each parking account and will retain this data on its servers indefinitely. You further agree to grant EstiBot access to download monetization data daily or as often as EstiBot feels necessary, while the monetization provider is in "Enabled" state on the EstiBot Parking Provider Manager panel. You further agree and understand that EstiBot reserves the right to use the parking information obtained from you to enhance its appraisal algorithm, derive domain traffic and prediction models, analyze parking provider performance and to create services which may present the data in various formats.
12. Automated E-mail Systems
EstiBot strictly prohibits using these services as a platform for sending spam email. EstiBot provides marketing lead research technology in the hope that domain sellers and domain buyers will be connected in a meaningful and mutually beneficial way and do not in any way encourage sending unsolicited bulk email.
You agree to indemnify and defend EstiBot against, and hold it harmless from, any and all claims, causes of action, damages, judgements, costs or expenses, including attorney’s fees, which in any way arise from your use of the Lead Generator tool and email marketing tools of Estibot.com, Inc.
You agree to use our lead generation technology responsibly. You agree to adhere to the rules of the CAN-SPAM Act. Every email you send out must adhere to all the rules set by the CAN-SPAM act, for instance:
1. Don't use false or misleading header information.
2. Don’t use deceptive subject lines.
3. Identify the message as an ad.
4. Tell recipients where you’re located. Your message must include your valid physical postal address.
5. Tell recipients how to opt out of receiving future email from you.
6. Honor opt-out requests promptly.
You confirm and warrant to EstiBot that you have all the rights, power and authority necessary to grant the above licence.
13. Ending your relationship with EstiBot
13.1 The Terms will continue to apply until terminated by either you or EstiBot as set out below.
13.2 If you want to terminate your legal agreement with EstiBot, you may do so by (a) notifying EstiBot at any time and (b) closing your accounts for all of the Services which you use, where EstiBot has made this option available to you. Your notice should be sent, in writing, to EstiBot’s address which is set out at the beginning of these Terms.
13.3 EstiBot may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) EstiBot is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom EstiBot offered the Services to you has terminated its relationship with EstiBot or ceased to offer the Services to you; or
(D) EstiBot is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by EstiBot is, in EstiBot’s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect EstiBot’s rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and EstiBot have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
14.2 IN PARTICULAR, ESTIBOT, ITS PARENT COMPANIES OR SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESTIBOT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.5 ESTIBOT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ESTIBOT, ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION GENERATED BY ESTIBOT.
(II) ANY CHANGES WHICH ESTIBOT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE EstiBot WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 ABOVE SHALL APPLY WHETHER OR NOT ESTIBOT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.