Last Modified Date: August 27, 2021
Welcome to .forever domains, created and operated by Impervious Inc.
These Terms of Service (these “Terms”) constitute an agreement between you, the user, and Impervious Inc., and its subsidiaries and affiliates (“Impervious”, “we” or “us”). These Terms govern your access to and use of the website located at foreverdomains.io and related websites and desktop, mobile, and other applications (collectively, the “Website”), including any content, functionality and services offered on or through the Website, and any of our other products or services (collectively, the “Services”). Please note, however, that blockchain networks, some on which we may publish domain names or other records as part of our Services, are controlled by third parties and are not included as part of our Services.
Please read these Terms carefully because they contain provisions that affect your rights and obligations, including a mandatory arbitration provision and a waiver of your right to participate in a class action.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are 18 years of age or older and are otherwise capable of forming a legally binding contract with Impervious. If you do not meet these requirements, you must not access or use the Services.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by these Terms.
We may modify these Terms at any time in our sole discretion. We will post notice of changes to these Terms on this page. Changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. We will update the Last Modified Date at the top of these Terms accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms are not acceptable to you, you should not access or use the Services after the Last Modified Date.
The Services are intended for adults. Impervious does not knowingly collect personal information from children under age 18. You must not submit any information through our Website or Services about a child under age 18.
Through the Website and our Services, users may register decentralized .forever domain names.
We reserve the right to limit the sales, availability, or quantity of the Services to any person, geographic region, or jurisdiction.
We attempt to be as accurate as possible but cannot warrant that the Services descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. All descriptions of the Services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any of the Services at any time. Any offer for any of the Services made on the Website is void where prohibited.
You understand that Impervious provides the Services over the Internet, that such connections may be unpredictable, insecure, and unstable, and that Impervious cannot guarantee uninterrupted access to the Services. Impervious disclaims all liability in connection with any security incidents or breaches arising from or attributable to an Internet and/or data connection issue. You agree to waive any and all claims against Impervious in connection therewith.
We are constantly changing and improving the Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend or stop the Services altogether at any time. We may also stop providing the Services to you, or add or create new limits to the Services or restrict your access to all or a part of the Services at any time without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.
Some of our Services, such as searching for available .forever domain names, may be provided without a fee. Other Services, such as registering a .forever domain name, may require payment of a fee (“Fee”). The amount of the Fee will be displayed to you, along with the applicable currency, during the registration process on our Website. Any applicable sales tax, blockchain fee, or other applicable fees will be added to the price of your purchase as deemed required by us and will be your sole responsibility to pay.
To pay a Fee and utilize certain Services, you may be required to provide us with certain payment information, such as information regarding your Ethereum wallet. When providing information to us and making payment of any Fee, you represent and warrant that (i) you have the legal right to transmit and authorize payment of the Fee, and (ii) the information you supply to us is true, correct and complete.
All of our Services, including availability and price, are subject to change at any time and without prior notification. We reserve the right, with or without prior notice, to limit the availability of or to discontinue any Service, to bar any user from making any payment, terminate a transaction, or refuse to provide any user with any Service.
You may not receive a refund to any Fee paid for our Services, nor may you cancel or modify any .forever domain name that you have registered through the Website. We will not be able to and cannot delete any data related to you that has been recorded to a blockchain or another decentralized storage network.
We are not a wallet or custodial service. Although our Services may require us to enable or facilitate the extraction of Fees from an applicable digital wallet through a smart contract, we do not provide any services for holding any digital currencies nor do we have any affiliation, sponsorship, approval, or direct partnership with any entity that may be involved in a transaction for payment of a Fee. You acknowledge that any claims or disputes you may have regarding digital wallet services are between you and your third-party digital wallet provider. We shall not be a party to nor shall be responsible for any transactions, acts, or omissions that occur relating to third-party digital wallet services.
Impervious disclaims all liability for the disclosure of information that you choose to submit voluntarily. You assume all such risks with regards to your use of the Services.
If you access the Services from a location outside the United States, you are responsible for compliance with the laws of that jurisdiction regarding online conduct and acceptable content. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.
The Services may link to independent third-party websites or social media widgets. Such hyperlinks are provided for your reference and convenience only. Impervious is not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.
When you access third-party websites or interact or communicate with third parties through the Services, you do so at your own risk. Impervious is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties.
If you have a dispute with one or more third parties, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
In addition to the Services offered by Impervious, the Website may also advertise, offer, or make available information, products and/or services provided by third parties (collectively, the “Third-Party Materials”). Third party products and/or services are governed by separate agreements or licenses with the third parties. Impervious offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Materials, including any liability resulting from incompatibility between third party products and/or services and the products and/or services provided by Impervious. You agree that you will not hold Impervious responsible or liable with respect to the Third-Party Materials.
All inquiries, feedback, suggestions, ideas, criticism or other information that you provide to Impervious concerning the Services (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you grant us full ownership of the Submission as if Impervious had created, developed and posted the Submission for its own purposes, with no obligation to pay you royalties or any other compensation. Impervious reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that Submissions will not be returned to you and Impervious may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products and/or services.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to the Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Impervious as to the origin of any Submission. You agree to indemnify Impervious for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
You may use the Services only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:
We have the right to refuse to provide our Services to any user who violates these Terms. Additionally, we may: (i) disclose information about you as required by law or to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (ii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (iii) refuse or terminate your access to the Services for any or no reason, including without limitation, any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS IMPERVIOUS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, music, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of Impervious, are (i) owned by Impervious, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the lawful use of our users, and (iv) may only be used in accordance with these Terms.
USING THE SERVICES DOES NOT GIVE YOU OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS IN THE SERVICES OR ANY CONTENT OR REPORT CREATED THROUGH THE SERVICES. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Impervious. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Impervious grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms. Except for the express license granted herein, nothing in these Terms shall be construed to grant you any right or interest in our intellectual property rights.
Impervious cannot protect or advise you on your intellectual property rights, and Impervious cannot and does not take any responsibility for doing so.
If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to: firstname.lastname@example.org.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must substantially include:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
You agree to receive legal notices and other information concerning Impervious or the Services electronically, including notice to any email address, digital wallet, or other contact that you may provide.
THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IMPERVIOUS NOR ANY PERSON ASSOCIATED WITH IMPERVIOUS MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER IMPERVIOUS NOR ANYONE ASSOCIATED WITH IMPERVIOUS REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IMPERVIOUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Our Services allow you to register any .forever domain name that has not already been registered as a .forever domain. Impervious takes no action to ensure, monitor, or oversee the appropriateness or legality of .forever domain names registered by its users. We expressly disclaim any and all warranties of any kind, express or implied, regarding the appropriateness and legality of .forever domain names, including but not limited to whether the registration or operation of any .forever domain name violates or infringes upon any trademark or intellectual property of a third party.
By registering a .forever domain name, you warrant that the .forever domain name you register does not violate or infringe upon the trademark or intellectual property of any third party.
YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services against Impervious, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. Impervious, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if we knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services, any associated content, or any products and/or services delivered to you through the Service, (ii) any interaction with any third party through or in connection with the Services, (iii) any information offered or provided within or through the Services, or (iv) any other matter relating to the Services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.
You are solely legally liable if your use or misuse of the Services or any products and/or services delivered to you through the Website causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless Impervious, its affiliates, licensors and service providers, and our respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services or any content generated or provided as part of the Services, or violation of these Terms or violation of a third party’s rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
After a .forever domain is registered through our Services, we have no control, custody, maintenance, or power whatsoever over the management, status, or operation of that domain name, and we have no obligation to assist in such functions.
It is your sole responsibility to manage and control your .forever domain after registration. You agree to indemnify and hold harmless Impervious against any and all third-party actions, claims, damages, liabilities and cost and expenses (including attorneys’ fees) that may arise or be brought against us based on actions by you or a third party in the operation, function, uses, management, or status of a .forever domain name that you register through our Services.
These Terms will remain in effect as long as you use our Services. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions, and your obligation to pay all outstanding amounts on your User Account survive any termination.
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Neither you nor Impervious will be deemed in breach of these Terms for any failure or delay in performance to the extent caused by reasons beyond our reasonable control, including, but not limited to, acts of God, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, fire, flood, strike or other labor disturbance, quarantine or other similar government action, mass disease, epidemic or pandemic (e.g. COVID-19), public health requirement, unavailability or interruption or delay in telecommunications or third-party services, or virus attacks or hackers.
You agree that the laws of the State of Delaware and U.S. federal law govern these Terms, your use of the Services, and any claim or dispute that you may have against Impervious, without regard to Delaware’s conflict of laws rules.
In the rare event you have a dispute with Impervious, we encourage you to contact us immediately at email@example.com so we can work together toward a satisfactory resolution.
You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.
Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more about AAA and how to file an arbitration claim at www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Impervious will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Impervious for all fees associated with the arbitration paid by Impervious on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration will be conducted through written submission unless the arbitrator determines that a telephonic or live hearing is required. Except as otherwise provided in these Terms, you and Impervious may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Impervious shall be exclusively brought in the state or federal courts of New York.
These Terms and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and Impervious. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The paragraph headings used herein are for convenience only and shall not be used to limit any portion of these Terms.
You may not assign these Terms without Impervious’s prior written approval. Impervious may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Impervious’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you and Impervious as a result of these Terms or your use of the Services.
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Impervious in writing.
The Services are operated by Impervious. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
P.O. Box 15004, Philadelphia, PA 19130