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NamesDotCom™
NamesDotCom™
© 2000 - 2008
NamesDotCom.com
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User Agreement
This agreement was last revised on November 12, 2008.
The following information is part of the User Agreement of NamesDotCom.com.
It must be read and understood in its entirety. BY USING ANY PART OF THE NAMESDOTCOM.COM SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THE USER AGREEMENT, THE LEGAL POLICY, AND THE PRIVACY POLICY.
User Agreement
NamesDotCom may amend this User Agreement (“Agreement”) at any time and from time to time, by posting the revisions on our web site. We may also notify you of any changes via e-mail. The revisions to the contract will immediately be effective after they have been posted on our web site. Other than by posting these revisions on our web site, this Agreement may not be modified in any way except in a written document executed by both parties.
Throughout this Agreement, NamesDotCom I, L.L.C. is referred to as “NamesDotCom", or "namesdotcom.com" or NamesDotCom.com", or "NDC", or “We”. NDC is a world class web site and company that assists in the exchange of information and otherwise coordinates the process of registering, transferring, leasing, buying and selling of Internet domain names. In general, this web site is a venue for sellers to list domain names (or as appropriate, solicit offers to buy), for buyers to bid on domain names, and for individuals to register or transfer domain names. AS it relates to previously registered domain names, We are not involved in the actual transaction between the Buyer and the Seller. As a result, we have no control over the quality, safety or legality of the products and services available, the truth or accuracy of the listings, the ability of the Seller to sell domain names or the ability of the Buyer to buy domain names. We cannot ensure that a Buyer or Seller will actually complete a transaction. NDC is not only a listing service, but it also provides additional services, further enhancing the value of those web sites listed for sale. Business and legal principles that have proven sound and reliable in other fields have been adopted and adapted into policies that are appropriate for the sale of domain names so as to properly protect the interests of all the parties to the transactions. The services provided by NDC include registration, domain name brokering, escrow maintenance and assistance in the transfer of registration with the appropriate Internet registry. NamesDotCom does not screen, review, investigate or control the listings and the domain names that are being offered for sale, nor does it screen, review, investigate or control any of the people who actively participate in these activities, or the statements that they make. NamesDotCom.com’s sole involvement in the transaction is to be a trusted third party, helping to facilitate a smooth transaction between the Buyer and Seller of internet domain names. NamesDotCom.com does not have any authority to act for or represent either the Seller or the Buyer. Therefore, it is important that you use care throughout your dealings with other people in the transaction taking place through the NamesDotCom.com web site just as you would exercise in any other commercial activity. PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE ACCESSING AND USING THIS WEB SITE. By accessing the NamesDotCom.com web site, or using information posted to the web site, you are accepting the terms and conditions stated in this Agreement. If you do not accept the terms of this Agreement, you may not access this web site or use the information contained in this web site. If you have any questions about this User Agreement, or about accessing and using this web site, please refer to our Frequently Asked Questions or feel free to contact us.
User Eligibility: The participation in certain activities on the NamesDotCom.com web site requires the purchase and/or sale of an asset, requiring the execution of a legal agreement, and may involve significant sums of money. Thus only adults who can form legally binding contracts under applicable law can actively participate in these activities conducted through this web site. By clicking on the “I Accept” button and filling out the registration information, you will be certifying that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honor those obligations that you undertake. We do not control the information provided by other users which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the NDC site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. Notwithstanding, NamesDotCom.com reserves the right to refuse its services, or otherwise the participation in activity taking place over the NamesDotCom.com web site to anyone at any time and in its sole discretion.
Authentication: The NamesDotCom.com web site helps to facilitate the transfer and exchange of information relating to domain names that are available for sale by their owners. Other than acting as a trusted third party and assisting in the facilitation of the commercial activity, We are not involved in the actual transaction between Buyer(s) and Seller(s). NamesDotCom.com has no control over the accuracy, quality or legality of the domains that are advertised for sale, the truth or the accuracy of the listings, the right and the ability of the listed Seller to sell the domain name or the ability of the Buyer to purchase the asset. We cannot and do not control whether or not Seller(s) will complete the sale of those domain names that they offer or that purchasers will complete the purchase of those domain names that they have undertaken to acquire. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretense or making deceitful representations. Because user authentication on the Internet is difficult, NamesDotCom.com cannot and does not confirm that each user who accesses its web site is who they claim to be.
Service Fees: Other than the Membership Fee, there are no other fees charged to the Buyer for the services provided by NamesDotCom.com., since all other fees are paid by the Seller, unless otherwise negotiated between the Buyer and the Seller. Please see “ How to Sell a Domain” which provides further information with regard to the Fees and Commissions charged for the sale of domain names. You are responsible for applicable taxes, costs, hardware, software, services and all other costs and expenses you incur for the participation in the activity conducted over our web site. We may, in our sole discretion, add, delete or change any of the services provided or fees charged by NamesDotCom.com. These will be binding on the date that they become effective, similar to any other revision that is made to this Agreement. The seller agrees that the listing of domain names for sale is an exclusive listing with NamesDotCom I, L.L.C., and the Seller is completely obligated to pay NamesDotCom the required sales Commission of 3.0% of the sales price unless it is clearly proven that the Seller found a buyer independently of the listing in effect with NamesDotCom.
Purchase Offers and Bids: NamesDotCom.com needs to rely on the integrity of the users of its services to honor their commitments. When a user places a bid on a domain name or makes an offer to purchase a domain name, and the offer is accepted, the Buyer is legally obligated to complete the transaction. The offer cannot be retracted unless there are exceptional circumstances, such as, if the Seller materially changes the description of the domain, a material fact has been found to be inaccurate or when authentication of the identity of the Seller or the Seller's rights to sell the domain name is not available. You cannot bid in such a way that is manipulative, such as bidding up the highest bid so as to make other bidders retract their offers and then rebid at a smaller increment, after retracting the higher bid, or place an offer that you know you do not have at your disposal sufficient resources to cover. We also refer you to our web page "How to Buy a Domain" for further information about purchasing a domain using the NamesDotCom.com web services.
Selling Domains: As a Seller of a domain name, you represent that you have all the right, title and interest in and to the domain name registration that you are listing with NamesDotCom.com and that you will accurately describe the subject listing. You will not describe, advertise, or link to, other items, goods, or services that you are not listing with NamesDotCom.com or that you do not otherwise have the right to provide such links or descriptions thereto. You will not list or sell under any circumstance any domain name that you do not have sufficient right, title or interest to sell or that it is illegal to sell under applicable law, statute, ordinance or regulation; any domain name that infringes or violates the proprietary rights of any third person or any other domain name which in NamesDotCom.com’s sole discretion, is inflammatory, offensive, inconsistent with NamesDotCom.com’s general policies, or otherwise may infringe any proprietary right of any third party. NamesDotCom, in its sole discretion, may remove or delist any domain name at any time with or without notice. If an offer to purchase the domain name is accepted, you must complete the transaction which includes payment of the Commission due to NDC. If you receive any offer to purchase your domain name at or above your stated minimum price, then you are obligated to complete the transaction, unless there is an exceptional circumstance, such as if the Buyer fails to meet the terms of your listing or you cannot authenticate the identity of the Buyer or otherwise that the Buyer does not have at his disposal the resources to meet the purchase obligations. You may not place or direct any bids or offers to purchase the domain name that you have listed for sale, either directly or indirectly, under your own name, an alias, or any entity in which you maintain a controlling interest. Without limitation of any other remedy, NamesDotCom.com reserves the right to suspend, terminate and remove your listing at any time it may deem fit if We reasonably believe that you have engaged in any fraudulent activity in connection with your posting, or otherwise, with any activity conducted with the NamesDotCom.com web site, if NamesDotCom.com believes in its opinion, that you have breached any of your representations or any of NamesDotCom's general policies and guidelines, or if We are of the opinion that you are infringing upon the proprietary rights of any other party.
User's Pledge Against Unfair Practices: It is agreed that you will not directly or indirectly interfere or attempt to interfere with the operations of the NamesDotCom.com web site, the services provided by NamesDotCom.com and any activity on the NamesDotCom.com web site. You will not take any action which may impose an unreasonable or disproportionately large load on our computing infrastructure. You will not insert any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect the NamesDotCom.com computer systems. You are solely responsible for your password used to access the NamesDotCom.com web site, and you will not disclose it to anyone else or share it with any third party or otherwise use it for any unauthorized purpose. Other rules regarding NamesDotCom.com are posted at various pages throughout the NamesDotCom.com web site. These rules have as binding an effect as this User Agreement and are incorporated into this Agreement by reference and may be subject to change by NamesDotCom.com without prior notice and in its sole discretion.
Privacy: NamesDotCom.com does not have control over the veracity of information that other users make available through the NamesDotCom.com web site. Even though prohibited by this Agreement and by NamesDotCom.com’s general policies, people may nevertheless provide information that is false, harmful, or deceptive. NamesDotCom.com has a Privacy Policy that covers NamesDotCom's use of your information and which is incorporated herein by reference and the terms of which you acknowledge that you have read and accept and agree to abide by such terms. This Policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made. You are solely responsible for any information that you provide to NamesDotCom or to any other person during and in the course of any activity conducted with regard to and through the NamesDotCom.com web site and the services provided therein. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services. You hereby grant NamesDotCom a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the NamesDotCom.com Privacy Policy and to further the goals contemplated by this Agreement.
Waiver of Warranty: You are in agreement that use of NamesDotCom.com’s services is at your sole risk and that the services are provided on an “as is” and an “as available” basis. NamesDotCom.com expressly disclaims all warranties of any kind, express or implied, including, but without limitation, any implied warranty of merchant ability, fitness for a particular purpose and non-infringement. NamesDotCom.com makes no warranty that the services will meet your requirements, that they will be uninterrupted, timely, secure, or error free. Nor does NamesDotCom.com make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained from the NamesDotCom.com web site. You understand and agree that any material and/or data downloaded from the NamesDotCom.com web site or any services obtained through the services provided by NamesDotCom.com is done at your sole discretion and risk and that you will be solely responsible for any damage resulting from any such download or use of such information or other related transaction. No advice or information that you may obtain from NamesDotCom.com or through the services provided by NamesDotCom.com shall create any warranty not expressly stated therein.
Liability Limitation: You agree to indemnify and hold NamesDotCom (including, its officers, directors, employees, agents and representatives) harmless from any such Claim or Demand, including, without limitation, any claim or demand that may arise from or in connection with, your failure to abide by the terms and conditions of this Agreement. If you are a California resident, you agree to waive California Civil Code Section 1542, which says in part that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him might have materially affected his settlement with the debtor. "IN NO EVENT SHALL NAMESDOTCOM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY NAMESDOTCOM." See the Disclaimer for further requirements.
Arbitration: NDC, in its sole authority, may require that any claim arising out of or relating to this Agreement, be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration, if required by NDC, shall be conducted in the State of Michigan and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
General: You, as the user of these services, agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the NamesDotCom.com web site, the services provided therein, and the participation in any active commercial activity conducted in or through the NamesDotCom.com web site. Other than as exclusively stated in this Agreement, there is no agency, partnership, joint venture, employer, employee, franchiser or other legal relationship between NamesDotCom.com and yourself. Unless explicitly stated otherwise, any notices shall be given by e-mail from NamesDotCom to the e-mail address you provided to NamesDotCom.com during the registration process. At our option, we may give you notice by certified mail, postage prepaid, to the address provided to us during the registration process. You may not assign, transfer, resell or sub license your rights or obligations under the terms and conditions of this Agreement. This Agreement, its terms and conditions, and the relationship between you and NamesDotCom.com shall be governed in all respects by the laws of the State of Michigan, as such laws are applied to agreements entered into and performed entirely within the State of Michigan and between Michigan residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or unenforceability, and the remainder thereof, as well as the remaining provisions of this Agreement shall be fully enforced. The failure of NamesDotCom.com to act with respect to a breach by you or others does not waive our right to act with respect to subsequent similar, or the same, breach. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and may not be amended other than as provided for in this Agreement. You agree that regardless of any statute or law to the contrary, any contract arising out of or related to use of the services provided by NamesDotCom.com or otherwise arising out of or related to the terms and conditions of this Agreement, must be filed within one (1) year after such claim or cause of action first arose or shall be forever barred. The NamesDotCom.com web site may contain links to and from other web sites on the Internet that are owned and operated by other parties. You agree and acknowledge that NamesDotCom I, L.L.C. is not responsible for the availability of, or the content located on or obtained through any such other Internet web sites whether or not the linked site is an identified affiliate, co-branded, private label, or otherwise unidentified. If you have any concerns regarding such links or the content located on such other web sites, you should contact the webmaster or site administrator for those web sites. NamesDotCom.com does not verify the accuracy of the information and content provided for in such third-party web sites, and providing such information or links cannot and should not be construed as support, backing, or other endorsement by NamesDotCom.com of such site and/or information. For those Users of this NameDotCom.com web site that may use a link to any Domain Name Registration Service or Registrar, the User agrees to the legal policy and user agreement of the specific Registrar or Registration Service. In the event of any domain name registration dispute you agree to be bound by the Domain Name Dispute Policy which is a uniform policy adopted by ICANN. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold NDC harmless pursuant to the terms and conditions set forth in this agreement. NamesDotCom.com’s trade name, logo, trademark, software, databases, reports, web site and information are proprietary, and NamesDotCom.com retains all rights, title and interest therein. By becoming a member or subscriber to the services provided by NamesDotCom I, L.L.C., you do not acquire any rights or licenses over such or over NamesDotCom.com’s assets, rights or licenses, other than as what is explicitly granted to you under this paragraph. You may not use the information contained in, or through the services provided by, the NamesDotCom.com web site other than for the explicit purposes contemplated by this User Agreement. You may not transfer, or otherwise provide access to, such information to any unauthorized third party, and you may not use such information other than for the specific purposes described in this Agreement. By completing the registration information, clicking on the “I Accept” button, or otherwise accessing the NamesDotCom.com web site and using the information contained in this web site, you agree to the terms of this Agreement.
Termination: You are in agreement that NamesDotCom.com may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by NamesDotCom.com under this Agreement and through the NamesDotCom.com web site immediately and without any further notice, if NamesDotCom.com is of the opinion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other NamesDotCom.com policies; or if NamesDotCom.com is of the opinion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided NamesDotCom.com is found to be false or that we have been unable to authenticate or verify the veracity of such information.
Errors and Omissions: We have made every effort to assure the accuracy of the this web site and its products and services. NDC is not responsible for the typographical errors or any potential technical errors.
© 2000 - 2008 NamesDotCom I, LLC All Rights Reserved.
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