1. "Agreement" means this agreement between you and us and which contains all of the terms and conditions of service that govern your use of our Service.
2. "Content" means all advertisements, hyperlinks, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, on anything that we host including, but, not limited to our Parked.com web site or any domain name, name server, or IP address that we host.
3. "Excluded URL" means a Removed URL or an Inappropriate URL.
4. "Inappropriate URL" means a URL for which we have reason to believe or have been notified that:
1. we do not have the right to associate data with that URL;
2. we do not have appropriate rights to reproduce and distribute any of the content (other than licensed materials) available at that URL;
3. the URL violates the trademark (or other related rights), copyright, trade secret, patent or other intellectual property right of any third party;
4. the URL violates any applicable law or is subject to an injunction;
5. the URL is libelous, defamatory or obscene;
6. if the content available at the URL includes software, it contains a virus, worm or other code that could be damaging or harmful to a user's computer system or stored information;
7. the URL was previously operated as an adult site; or
8. the URL violates this Agreement or our policies for similar implementations of our Services.
The following are examples of URL content for URL redirect agreements that are contrary to our policies and therefore fall within the definition of an Inappropriate URL. This includes, but is not limited to, the incorrect spellings and variations of the following:
1. Trademarks, company names, names of specific natural persons, whether or not famous - examples: McDonalds.com, macdonalds.com, xcerox.com, micaljordan.com;
2. Words which would evoke a question of legality - examples:
   1. Automatic weapons or military-style assault weapons
   2. Cracked or pirated software (especially words like appz, warez, cracks, crackz, hacks, hackz)
   3. Falsely obtained passwords (especially words like passwordz)
   4. Prostitution services
   5. Questionable substances or words alluding to ingestion of questionable substances;
   6. Terrorism and/or other violence;

3. Defamatory, libelous, threatening language - example: racial or religious epithets, doing physical harm to people or their property;
4. Vulgar or obscene language (such as, f-ckyu.com);
5. Torture - language that would advocate or glorify torture;
6. Rape - language that would advocate or glorify rape; or
7. Sexually explicit-language that that is sexual in nature including the following:
   1. Prostitution - language that would advocate the sale of prostitution services.
   2. Child pornography or underage sex - language that would advocate or glorify or just allude to sex with minors and child pornography.
   3. Bestiality - language that would advocate or glorify bestiality
   4. Necrophilia - language that would advocate or glorify necrophilia
   5. Incest - language that would advocate or glorify incest.
   6. Pedophilia - language that would advocate or glorify pedophilia.

5. "Our Site" means the URL address, parked.com where our Service is offered.
6. "Paid Placement Yahoo! Links" means our search box and hyperlinks.
7. "Paid Placement Yahoo! Results" means the Yahoo! content provided to us by Yahoo!.
8. "Parked Domains" means the domains on which we have accepted to provide our Service to you.
9. "Removed URLs" means URLs that we or Yahoo! have removed from our System.
10. "Service" means the parked.com service further described below and in which you are participating.
11. "Territory" means those countries where Yahoo! provides localized content currently including Australia, Brazil, Canada, Denmark, Finland, France, Germany, Italy, Japan, Korea, the Netherlands, New Zealand, Norway, Spain, Sweden, Taiwan, the United States and the United Kingdom.
12. "URL" means a uniform resource locator and any content or information available at that uniform resource locator.
13. "We," "our," and "us" means Parked.com, LTD, the company providing the Service.
14. "Wrongful Acts" means the following actions:
    1. searches originating from countries other than those in the Territory;
    2. "blind links" (i.e., where users do not know where they will be performing a search);
    3. misleading links in which a user is persuaded to perform a search in order to obtain some other benefit;
    4. searches from or after 404 or other error messages;
    5. "exit traffic" (i.e., when the user is presented with search functionality or required to perform a search prior to exiting a Web page);
    6. searches required of the user in order for the user to do another function, such as leaving a Web page or closing a pop-up window;
    7. searches performed upon a user hitting the back button or any other elements of the browser;
    8. searches in pop up windows;
    9. searches from users who were on adult sites, unless such users actively typed in the URL for the Publisher Offering at issue, all as approved by Yahoo!;
    10. searches originating from countries other than the United States, Canada or other countries as may be approved by Yahoo! in writing;
    11. searches from banner or other advertisements (other than any Banner Advertisements that may be provided under Rider C, if applicable);
    12. searches from or within an email, unless specifically approved in writing by Yahoo! and provided by Yahoo!;
    13. the display, syndication, sublicense or delivery of Yahoo! Links or Yahoo! Content to any Web site or application or anywhere else other than the Existing Publisher Web Sites, or if applicable, any Publisher's Software Application to which this agreement applies;
    14. modify or otherwise alter in any way a Paid Placement Search Query or Web Search Query manually entered in a Search Box;
    15. the display of content (including but not limited to, pop-up, windows or expanding banners) or permission to display content that may block any portion of a view of the Yahoo! links or the Yahoo! content
    16. any use of pay-per-read programs or any similar program; or
    17. misdirecting traffic.

15. "You" and "your" means any person or entity that participates in our Service, as well as their agents, assigns, and successors.

1. This Agreement:
   1. constitutes the complete and sole agreement between us and you;
   2. supersedes any and all prior agreements, whether written or oral, between us and you;
   3. establishes the terms and conditions of your use at any given time of any of our Service;
   4. explains the obligations and rights arising from your purchase and/or use of our Service;
   5. takes effect upon your first use of our Service; and
   6. shall not terminate except as provided for herein.

2. As a condition of your use of our Service, you must first read and agree to be bound by all of the terms and conditions of the most current and all subsequent versions of this Agreement.
3. As a condition of your use of any of our Services or System, you must have adequate legal capacity to enter into binding agreements such as this Agreement.
4. No portion of this Agreement may be amended or modified by you except by means of a written document signed by us.
5. We may regularly update, amend, revise, supplement and modify this Agreement and our policies and operating procedures for any reason we or Yahoo! deem appropriate and the changes shall take immediate effect upon their being posted on our Site.
   1. You are responsible for regularly reviewing this Agreement.
   2. You may not use our Service unless you agree to comply with Parked.com's terms of service as set forth in this Agreement, as updated from time to time. Should you decline to be bound by any new or recently changed provision of this Agreement, you must immediately discontinue any and all further use by you of our Service and close your account.
   3. Your continued use of any of our Service shall constitute an irrefutable expression of your consent to comply with and be bound by this Agreement.

6. Our Parked.com Service enables domain name owners to earn money on the traffic generated to their Parked Domains. For a domain name to be parked with us, the domain must be listed in your account and directed to us by URL forwarding, name server change, pointing to a certain IP address, or pointing to a cname. The forwarding URL address is searchnut.com. The nameservers for DNS change are: ns1.parked.com, and ns2.parked.com or other name servers as indicated by us. You may point your domain names to an IP address provided by us or you may point your domains to a cname as provided by us. You may not have more than one account at any time.
   1. Permitted, compensated traffic can originate from two sources only:
   2. type in (direct navigation) traffic and
   3. existing search engine results/expired traffic.

7. All other types of traffic including bought traffic, traffic driven by PPC campaigns, traffic directed from hyperlinks are not permitted. If your traffic originates from any sources other than type-in and search engine traffic, you will not be entitled to payment as per this Agreement. Regular checks are carried out and we reserve the right to suspend any domain from our Service at any time, at our sole discretion, if we reasonably believe that you have violated this Agreement; for example, if we suspect that the traffic on your domain is bought, generated or redirected in any way that contravenes these terms and conditions. You may view your parked pages to ensure they are correctly set up, but you may not click any of the advertising links.
8. Because Inappropriate URLs may not be included in our System, you may provide us with alternative places to point any of your domains that we can not monetize directly so that you can maximize the value of all of your traffic.
9. You may provide us with instructions on what to do with traffic originating in countries that we do not currently monetize because they are outside the Territory. If we determine, at our sole discretion, that your instructions are proper, we will comply with them so that you can maximize the value of all your traffic.

While We provide services, You remain the owner and registrant of each domain name for which You elect to use our Service, with all attendant rights and responsibilities. We have no ownership, license, or other interest in the domain name. You have full control over how you use your domain, whether by requesting our services or otherwise. This means that You solely accept and assume all liability for any harm caused by any wrongful acts regarding or use of domain(s) that are using Our Service.

1. I.P. Address. We use your IP address to help diagnose problems with our servers and to administer our Service. We use cookies to save your password so you do not have to re-enter it each time you visit Our Site.
2. Registration Data. Our registration form requires you to provide contact information such as name and email address. We use contact information from the registration form to send you information about us and contact you when necessary.
3. Hyperlinks. Our Site may contain hyperlinks to other sites. We are not responsible for the privacy practices or the content of such third-party sites.
4. Cookies. We may permit an ad company to display ads on Our Site that may contain cookies. While we do use cookies in other parts of Our Site, cookies received with banner ads are collected by an ad company. That ad company, and not us, has exclusive control of and access to the information it collects.
5. Security. We follow security measures to protect the loss, misuse, or alteration of the personal information under our control. Any sensitive information you enter is transmitted via SSL, a very strong encryption technology, which is the Internet standard for safety and security.
6. Permitted Disclosures. We may disclose personal information about you to third parties when the disclosures have been specifically authorized by you or when we believe, in the good faith, that such disclosures are reasonably necessary to comply with any applicable law, dispute resolution process, to comply with or enforce this Agreement or when necessary to settle disputes.
7. Contact Person. If you have any questions about our privacy policy, our practices, or your dealings with us, you can contact:

   Customer Relations Department
   Parked.com, Ltd.
   PO Box 10314
   Grand Cayman, Cayman Islands, KY1-1003
   (345-745-6022)
   
   

1. Provided that you have complied with the terms of this Agreement, you will be paid a commission of at least 60% from the total revenue generated by us from your parked domain(s) excluding any traffic that we deem to be fraudulent. This commission will be paid in U.S. Dollars (USD) within fifteen (15) business days after the end of each calendar month if it exceeds the minimum amounts set forth below. In the event that the commission is less than such amount, you will be paid within fifteen (15) business days after the end of the month in which the total amount of revenue collected and unpaid exceeds such amount. The four payment options are PayPal, direct deposit, check or wire. For PayPal and direct deposit the minimum payout is $20. Checks the minimum payout is $100. For US and foreign wires the minimum payout is $2,500. You may set a higher minimum payment amount in your account. In the event that you select a higher minimum payment you will not receive payment until you reach the designate minimum amount.
2. Prior to receiving payment you must have provided us with correct payment information and completed a verifiable form W8 and form W9 requirements for tax reporting. We will not pay any commissions until the next payment due date after we confirm payment was not received by you and you have corrected all problems with incomplete or incorrect payment information or the Form W-8 or W-9 you provided to us.
3. If you have an account with us and referrer other people who open their own account with us, you can receive a commission of at least 10% of what each of those people earns during their first 12 months with us. There is no limit to the number of people you can refer to us. You will receive a referral code from the referral section inside your account. A commission will only be due during the first 12 months and only if an account earns revenue.

1. We have zero tolerance for fraudulent traffic generation methods and have several systems that continuously monitor all traffic generated from your account. You have no right to receive or keep payments from us for traffic that we suspect or determine at any time to be fraudulent. Furthermore, you will not be paid for traffic to an Excluded URL or traffic that we determine has come as a result of a Wrongful Act.
2. If we determine, in our sole discretion, that any traffic generated to your account is fraudulent, we may:
   1. consider all generated funds as forfeited by you,
   2. permanently terminate your account, and
   3. permanently ban all sites listed within your account from future entry to the System and share them with other entities.

3. The following terms and conditions must be adhered to before any payment will be issued to you:
   1. You may not generate traffic to your website or to our links by any of the following methods: listings on newsgroups, bulk e-mailing, icq postings, or chatroom/irc postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, JavaScript, click farms or any other similar method.
   2. You may not entice users into clicking on our links.
   3. You may not mislead visitors into believing that he/she will receive anything other than an internet search by clicking on a textlink or search box.
   4. Referring pages must not be password protected in any way.
   5. You may only use the media that is provided by us and you may not change our ad code in any way without prior approval. Our ad code must be found on referring pages.
   6. You may not use any other method of sending fraudulent traffic such as committing Wrongful Acts.

1. You agree that we will not be liable to you or any other person for any loss that may occur due to:
   1. any act or omission of you or your agent, whether authorized or unauthorized;
   2. the use of or inability to use your domain name or username or password or any other part of our Service, including, but not limited to when Yahoo! has instructed us to suspend or Terminate you from part or all of our Service;
   3. access delays or access interruptions to our Service;
   4. the non-delivery or misdelivery of data between us and you or any other person;
   5. events beyond our reasonable control;

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY CONTACT PROVIDED OR APPROVED BY THIRD PARTIES OR FOR ANY SITES THAT CAN BE LINKED TO OUR FROM THE CONTENT OR BY MEANS OF THE LINKS THEREON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND HEREBY DISCLAIM ANY) WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FINTNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
3. We will not be liable for any direct, indirect, special, incidental, or consequential, or exemplary damages of any kind, including, but not limited to lost profits, goodwill, use, data or other intangible losses regardless of the form of action whether in contract, tort (including negligence), warranty, strict liability or otherwise, even if we have been advised of the possibility of such damages.
4. Under no circumstances shall we be liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control including, but not limited to: Internet failures, computer equipment failures, telecommunication equipment failures (including, but not limited to: back hoe induced fiber failures; loss of connectivity from telecom providers; routing issues; denial of service attacks; and/or other causes of the system to fail to perform), other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, and/or loss of or fluctuations in heat, light, or air conditioning.
5. In no event shall our maximum liability exceed the total of any amounts paid by us to you.
6. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations provided in this Agreement may not apply to you. To the extent applicable state law does not allow the limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.

1. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, informational content and non-infringement.
2. We do not warrant that:
   1. the functions contained will meet your requirements; or
   2. that their operation will be uninterrupted, timely, or error free; or
   3. defects will be corrected.

3. We do not warrant nor make any representations regarding the use or the results in terms of their correctness, accuracy, reliability or otherwise.
4. You further agree that:
   1. your use is at your sole risk;
   2. we provide our Service to you on an "as-is" and "as-available" basis; and
   3. your use of our Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from any downloads from them.

5. Neither we nor any of our directors, officers, employees or agents shall have any liability to you for any failure or delay to maintain or provide any service to you.
6. No advice or information, whether oral or written, obtained by you from us or any third party shall create any warranty not expressly stated in this Agreement.
7. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions provided in this Agreement may not apply to you.

You agree to defend, indemnify and hold us and the shareholders, directors, officers, employees, affiliates and agents of us, harmless from and against any and all liabilities, losses, damages or costs, including all attorneys' fees, collection fees and court costs, resulting from any claim, action, proceeding, suit or demand arising out of or related to:

1. Your use of our Service;
2. Your breach of any part of this Agreement; or
3. Infringement of any trademark, copyright, or other claim of any kind based upon the rights of any third party or any other basis of infringement in accordance with this Agreement.

1. You represent and warrant that:
   1. all statements made by you to us or to any other entity or person are true and correct to the best of your knowledge and belief;
   2. any material posted by you shall be considered to be in the public domain and you authorize us to use any such posting without any payment and without any liability to you;
   3. if you post a third party's intellectual property, you are specifically warranting that you have the right to put this material into the public domain;
   4. you agree to notify us of any known or suspected wrongful acts or violations of this Agreement, and your failure to do so shall be deemed a breach of this Agreement;
   5. you are the registrant, or their duly authorized agent, for all of the domains you submit for inclusion in our Service and that none of the domains violates, infringes upon, or in any other way damages or improperly uses any third parties intellectual property, including but not limited to trademarks, service marks, and/or names.

2. You warrant that you will not use our Service for any purpose that is unlawful or prohibited by these terms and conditions, or that in any manner could damage, disable, overburden, or impair our Service or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorized access to our Service, other accounts, our computer system or network connected to Our Site.

1. In the event that you breach any provision of this Agreement, you agree that we reserve the right, in our sole discretion, to immediately terminate your use of our Service without providing any notice to you. You specifically accept this termination clause and waive any right to object to it in any dispute.
2. In the event we determine that you have or continue to violate this Agreement:
   1. We reserve the right to prosecute civil and/or criminal actions against you for any abusive behavior you engage in regarding your use of our Service; and
   2. You will also be subject to legal, administrative, and technical fees in a reasonable amount for damages incurred by us for any violations of this Agreement.

This Agreement shall be governed by the laws of the Cayman Islands, without regard to any conflict of laws provisions.

In the event it is necessary for us to refer any dispute to an attorney, collection agency, or have it resolved in a formal proceeding, we will be entitled to an award of reasonable attorneys' fees, collection fees, and all costs associated with any formal proceedings, regardless of whether suit is eventually filed. You agree to waive any claim for fees and costs if you fail to provided us with 90 days advance notice of your intent to bring legal action to legal@parked.com along with a reasonably comprehensive explanation of the basis for the dispute before you file suit.

Any actions relating to or arising out of this Agreement or any use of our Service shall be brought exclusively in the courts for the Cayman Islands, and you consent to the exercise of personal jurisdiction over you by these courts in all actions arising under this Agreement or your use of our Service.

In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.

1. Under no circumstances shall this Agreement be construed as conferring any third-party beneficiary rights to any non-party to this Agreement other than Yahoo.
2. You acknowledge that Yahoo! is relying on the terms of this Agreement in allowing us to provide Paid Placement Yahoo! Results to you.
3. This Agreement may not be terminated and its terms regarding Yahoo! may not be modified without Yahoo!'s prior written consent.
4. This Agreement shall be for a term of no less than one year and shall expire no later than the end of this Agreement. This Agreement may be renewed with Yahoo!'s written consent.
5. You shall comply with Yahoo!'s requirements for display of the Paid Placement Yahoo! Links and/or the Paid Placement Yahoo! Results, as these are modified from time to time, if Yahoo! has agreed to allow you to host those Links and/or Results; otherwise, the other applicable provisions of this Agreement shall control.
6. You may not assign any rights to Paid Placement Yahoo! Links and Paid Placement Yahoo! Results to any third party.
7. You may not further syndicate the Paid Placement Yahoo! Links and/or the Paid Placement Yahoo! Results provided by us.
8. You may not commit any Wrongful Acts.
9. You understand and accept that Paid Placement Yahoo! Results will only be provided for searches initiated by a human user from the Paid Placement Yahoo! Links.
10. You understand and accept that we must comply with any Yahoo! request, regardless of Yahoo!’s reasons, to suspend or terminate all or any portion of your participation in our Service.