This agreement was last revised on November 23, 1999.
We may amend this
User Agreement (“Agreement”) at any time by posting the revised
terms on our website. We
will also notifying you of any changes via e-mail. The revised terms
of the contract shall automatically be effective after they have been
posted on our website. Other
than by posting of such revised terms on our website, this agreement
may not be amended or modified except in a written document signed by
GreatDomains.com, Inc. (referred to throughout this Agreement as
“GreatDomains.com” or “We”) is a leading service that promotes
the exchange of information and otherwise facilitates the buying and
selling of Internet domain names.
GreatDomains.com is not a typical listing service, but rather
it provides additional services, further enhancing the value of those
websites 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 GreatDomains.com include contract
generation, escrow maintenance and assistance in the transfer of
registration with the appropriate Internet registry.
While these policies have been proven time and time again, the
services provided by GreatDomains.com do have certain limits that you
should understand. GreatDomains.com
does not screen, review or control the listings and the domain names
that are being offered for sale, nor does it screen review or control
any of the people who actively participate in these activities or
statements that they make. GreatDomains.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.
GreatDomains.com does not have any authority to act for 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 GreatDomains.com
website just as you would exercise in any other commercial activity.
PLEASE CAREFULLY READ
By pressing the “I Accept” button or otherwise accessing
the GreatDomains.com web site, or using information posted to the
website, you accept the terms and conditions stated in this Agreement.
If you do not accept the terms of this Agreement, or you press
the “I Do Not Accept” button, you may not access this website or
use the information contained in this website.
If you have any questions about this User Agreement, or about
accessing and using this website, please refer to our Frequently Asked
Questions at http://www.greatdomains.com/faq.asp
or feel free to contact us at firstname.lastname@example.org.
Participation in the activity taking place on the GreatDomains.com
website requires the purchase and sale of an asset, requiring the
execution of an agreement, and typically involving large sums of
money. Therefore, only
adults who can form legally binding contracts under applicable law can
actively participate in the sales activities conducted through this
website. 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.
Notwithstanding, GreatDomains.com reserves the right to refuse
its services, or otherwise the participation in activity taking place
over the GreatDomains.com website to anyone at any time and in its
Joining and registering for the services provided by
GreatDomains.com is free. No
fees are charged to the Buyer for the services provided by
fees are paid by the Seller, typically only on a success basis.
We refer you to our web page “How to Sell a Domain” http://www.greatdomains.com/sell.asp
that 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 website.
We may, in our sole discretion, add, delete or change any of
the services provided or fees charged by GreatDomains.com.
These will be binding on the date that they become effective,
similar to any other revision that is made to this agreement.
GreatDomains.com’s website acts only as a venue to facilitate
the transfer and exchange of information pertaining 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).
GreatDomains.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.
authentication on the Internet is difficult, GreatDomains.com cannot
and does not confirm that each user who accesses its website is who
they claim to be. We
encourage you to communicate directly with the party with whom you are
transacting to help you evaluate with whom you are dealing and to
otherwise conduct yourself and exercise reasonable, safe business
practices as you would in any other commercial activity.
and Buying. GreatDomains.com
relies on the integrity of the users of its services to honor their
commitments. If you place a bid for a domain name, or otherwise make
an offer to purchase a domain name, and your offer is accepted, you
are 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 you cannot authenticate the identity of the Seller
or the Seller’s rights to sell the domain name.
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
GreatDomains.com web services.
and Selling. 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 GreatDomains.com and that you will accurately describe
the subject listing. You
will not describe, or link to, other items, goods, or services that
you are not listing with GreatDomains.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 GreatDomains.com’s sole discretion, is inflammatory, offensive,
inconsistent with GreatDomains.com’s general policies, or otherwise
may infringe any proprietary right of any third party.
If an offer to purchase the domain name is accepted, you must
complete the transaction. As a Seller, you agree that users may
comment on their experiences with you in the feedback section, as such
may be established by GreatDomains.com from time to time, and you
release GreatDomains.com and the users of its services, from any
liability for any such comments.
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 (such as payment methods) or you cannot
authenticate the identity of the Buyer or otherwise that the Buyer has
at his disposal the resources to meet the purchase obligations.
You may not place any bids or offers to purchase the domain
name that you have listed for sale, either under your own name, an
alias, or any entity in which you maintain a controlling interest.
Without limitation of any other remedy, GreatDomains.com
reserves the right to suspend, terminate and remove your listing at
any time it may deem fit if it reasonably believes that you have
engaged in any fraudulent activity in connection with your posting or
otherwise with any activity conducted with the GreatDomains.com
website, if GreatDomains.com is of the opinion that you have breached
any of your representations or any of its general policies and
guidelines, such as if it is of the opinion that you are infringing
upon the proprietary rights of any other party, or at such other time
as GreatDomains.com may deem fit.
You will not yourself, or allow or enable another, to directly
or indirectly interfere or attempt to interfere with the operations of
the GreatDomains.com website, the services provided by
GreatDomains.com and any activity on the GreatDomains.com website.
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
GreatDomains.com computer systems.
You are solely responsible for your password used to access the
GreatDomains.com website, and you will not disclose it to anyone else
or share it with any third party or otherwise use it for any
from time to time, in its sole discretion initiate feedback
information. You will not
take any action that will undermine the integrity of the feedback
system, such as falsifying information about yourself or about any
other party, using aliases or otherwise attempt to manipulate the
Other rules regarding
GreatDomains.com are posted at various pages throughout the
GreatDomains.com website. 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 GreatDomains.com without prior notice and in its sole
and Privacy. GreatDomains.com
cannot and does not control information that other users make
available through the GreatDomains.com website.
Even though prohibited by this Agreement and by
GreatDomains.com’s general policies, people may nevertheless provide
information that is false, harmful, or deceptive.
your information http://www.greatdomains.com/privacy.asp
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
You are solely
responsible for any information that you provide to us or to any other
person during and in the course of any activity conducted with regard
to and through the GreatDomains.com website 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 us 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
by this Agreement.
and Termination. You
agree that GreatDomains.com may, in its sole discretion, terminate
this Agreement, or any commercial activity or other use of the
services provided by GreatDomains.com under this Agreement and through
the GreatDomains.com website immediately and without any further
notice, if GreatDomains.com is of the opinion that you have acted
inconsistently with the obligations or the spirit of this Agreement or
of other GreatDomains.com policies; or if GreatDomains.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 GreatDomains.com is found to be false or that we have been
unable to authenticate or verify the veracity of such information.
You agree that use of GreatDomains.com’s services is at your
sole risk and that the services are provided on an “as is” and an
“as available” basis. GreatDomains.com
expressly disclaims all warranties of any kind, express or implied,
including, but without limitation, any implied warranty of
merchantability, fitness for a particular purpose and
makes no warranty that the services will meet your requirements, that
they will be uninterrupted, timely, secure, or error free.
Nor does GreatDomains.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
GreatDomains.com website. You
understand and agree that any material and/or data downloaded from the
GreatDomains.com website or any services obtained through the services
provided by GreatDomains.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 GreatDomains.com or through the services provided by
GreatDomains.com shall create any warranty not expressly stated
of Liability. In the event that you have a dispute with any
other user, including with another party to the transaction,
facilitated through the GreatDomains.com website, you agree to release
GreatDomains.com, and its agents, officers, directors and employees
from any and all claims, demands and damages (actual or consequential)
of every kind and nature, disclosed or undisclosed, arising out of or
in connection with any such dispute (“Claim or Demand”).
You agree to indemnify and hold GreatDomains.com (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
GREATDOMAINS.COM 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 GREATDOMAINS.COM OR FOR
THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY
DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO
THROUGH OR ARISING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY
GREATDOMAINS.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
GREATDOMAINS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL GREATDOMAINS.COM’S LIABILITY TO YOU OR ANY
THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT EXCEED
THE LESSER OF EITHER THE AMOUNT OF FEES YOU SHALL PAY TO US IN THE
TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITIES
agree to comply with all applicable laws, statutes, ordinances, and
regulations regarding your use of the GreatDomains.com website, the
services provided therein, and the participation in any active
commercial activity conducted in or through the GreatDomains.com
website. Other than as
exclusively stated in this Agreement, there is no agency, partnership,
joint venture, employer, employee, franchiser or other legal
relationship between GreatDomains.com and yourself.
stated otherwise, any notices shall be given by email email@example.com
to the email address you provided to GreatDomains.com during
the registration process. Alternatively, we may give you notice by certified mail,
postage prepaid, to the address provided to us during the registration
You may not assign,
transfer, resell or sublicense your rights or obligations under the
terms and conditions of this Agreement.
This Agreement, its
terms and conditions, and the relationship between you and
GreatDomains.com shall be governed in all respects by the laws of the
State of California, as such laws are applied to agreements entered
into and performed entirely within the State of California and between
California 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 GreatDomains.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 GreatDomains.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 GreatDomains.com website may contain links to and from
other websites on the Internet that are owned and operated by other
parties. You agree and
acknowledge that GreatDomains.com, Inc. is not responsible for the
availability of, or the content located on or obtained through any
such other Internet websites. If
you have any concerns regarding such links or the content located on
such other websites, you should contact the webmaster or site
administrator for those respective websites. GreatDomains.com does not
verify the accuracy of the information and content provided for in
such third-party websites, and providing such information or links
cannot and should not be construed as support, backing, or other
endorsement by GreatDomains.com of such site and/or information.
tradename, logo, trademark, software, databases, reports, website and
information are proprietary, and GreatDomains.com retains all rights,
title and interest therein. By
becoming a member or subscriber to the services provided by
GreatDomains.com, Inc., you do not acquire any rights or licenses over
such or over GreatDomains.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 GreatDomains.com website 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
you for your support of GreatDomains.com, Inc, and the services
provided through this website. By completing the registration information, clicking on the
“I Accept” button, or otherwise accessing the GreatDomains.com
website and using the information contained in this website, you agree
to the terms of this Agreement. We
welcome you to enter into the GreatDomains.com website, and enjoy the
services provided herein.