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Please read the following terms
and conditions before using the BuyTheDomains™ web site. If the following conditions are not acceptable to you,
do not access the web site, or use the information contained on it in any way. Each and
every user of this web site must be 18 years of age or older, and have the ability to enter
into a legally binding contract. By making an offer to purchase a domain name for
sale on BuyTheDomains, you agree that your offer is a firm legal
offer to purchase and will be subject to the terms
and conditions listed below:
- BuyTheDomains.com™ (referred to as "BuyTheDomains™ ", or
"We", throughout the rest of this agreement) is the exclusive agent for all
domain names listed for sale on this web site. BuyTheDomains™ is not
acting as an agent of any Purchaser. We will handle all transactions and
will act as the bidding intermediary and Domain Name transfer agent for
all names listed on our site.
- All successful Purchasers must deposit the contracted amount in the BuyTheDomains™
escrow accounts at Escrow.com™, or the accredited domain escrow
service of the buyers choice. After the funds have been
deposited in the escrow account, BuyTheDomains™ will facilitate the completion of all
agreement and documentation required to transfer the registration to the Purchaser.
Purchaser's funds will be released by the escrow agent to Seller once
buyers registrar completes the transfers registration of the domain name(s) to the Buyer and this fact is confirmed
by reviewing the ICANN "whois" database.
- Seller is offering to relinquish its right, title, and interest in the registration of
the respective second level Domain Names listed above and to co-operate in effecting the
transfer of the domain names to the successful Purchaser. Purchase of the Domain Names is
contingent upon Purchaser abiding by the rules of the applicable domain name registrar, the Purchaser's completion of all documentation required by the
registrar, and the subsequent transfer of the domain name registration by the registrar to
the Purchaser. Seller is not responsible for the failure or refusal of the domain name
registrar to permit the Purchaser to register the purchased Domain Names, and Seller will
not refund any portion of the purchase price to the Purchaser if the domain name registrar
refuses to allow the purchaser to register the purchased domain name(s).
- Sellers are offering the Domain Name registration rights only. Sellers are offering no
additional intellectual property rights, i.e. web sites, web designs, logos, copyrights,
trademarks, patent rights, moral rights, or other intellectual property rights of any
kind.
- Any prices listed on the BuyTheDomains™ site are
the best
estimate of what the Domain Names should command on the open market. Seller has the
right to sell for more or less than this price. Seller also has the right to accept,
reject, or counter any offer(s). There are no time limits on bidding and a name may be
withdrawn from the market at any time, for any reason. We reserve the right not to forward
excessively low bids (generally defined as $300, or considerably less than half of the suggested
retail price) to Seller.
- ALL SALES ARE FINAL.
- THE DOMAIN NAMES AND OTHER RIGHTS OFFERED FOR SALE ARE SOLD "AS IS." EXCEPT AS
MAY BE SET FORTH HEREIN, NEITHER WE, NOR THE SELLER(S) MAKES ANY REPRESENTATIONS OR
WARRANTIES REGARDING THE DOMAIN NAMES, OR OTHER RIGHTS PURCHASED BY THE PURCHASER.
SELLER(S) ARE OFFERING THESE RIGHTS FOR SALE WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- UNDER NO CIRCUMSTANCES SHALL SELLER(S) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO
USE, THE DOMAIN NAMES, OR OTHER RIGHTS OFFERED FOR SALE BY SELLER. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SELLER'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
- Buyer(s) will pay any domain name registration fees to complete the
transfer, as well as any and all escrow and related fees. The Buyer has the
option of using any domain registrar. We recommend Escrow.com™ for
domain name escrow services, but are open to other accredited domain
name escrow services. Neither Seller, nor BuyTheDomains is responsible for any delays in the transfer
of a domain name registration by the domain name registrar or registry. The transfer of
the registration is beyond the control of Seller and BuyTheDomains. The time period
for the transfer of a Domain Name may exceed 10-15 business days.
- The transfer of the rights offered for sale are contingent upon the execution of
contracts and other documents to be negotiated, which may include a Domain Name Transfer
Agreement, Registrant Name Change Agreement, Escrow Agreement and other agreements
concerning any continued intellectual property rights Seller may claim in any domain
name offered for sale, as well as reasonable documentation and contracts required by the
Escrow Agent.
- Any taxes arising from the sale of the Web sites, Domain Names, rights or other assets
offered for sale are the sole responsibility of the Buyer.
- BuyTheDomains™ reserves the right to refuse to
deal with any person for any reason.
- All bids must contain the following information:
- the name of the specific person who will act as the key contact for the bidder.
- the legal name, address, phone number and e-mail address of the bidder.
- the Domain Name(s) upon which you are bidding.
- method of payment, payment terms, any special provisions.
All bids
are considered firm offers to
purchase. Consequently, if bidders need to secure preliminary approvals from other parties
(such as boards of directors, lenders, etc.) such preliminary approvals should be secured
before the bid is submitted.
Questions or Problems?
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