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 both parties. 

WHAT IS GREATDOMAINS.COM?
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 THE FOLLOWING TERMS OF USE BEFORE ACCESSING AND USING THIS WEBSITE.  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 info@greatdomains.com.

Eligibility. 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 sole discretion. 

Fees.  Joining and registering for the services provided by GreatDomains.com is free.  No fees are charged to the Buyer for the services provided by GreatDomains.com.  All 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. 

Verification.  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. 

Because user 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. 

Bidding 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”  http://www.greatdomains.com/buy.asp for further information about purchasing a domain using the GreatDomains.com web services. 

Listing 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. 

Non-interference.  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 unauthorized purpose. 

GreatDomains.com may, 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 feedback. 

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 discretion. 

Information 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.  GreatDomains.com has a Privacy Policy that covers its use of 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 been made. 

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 GreatDomains.com Privacy Policy and to further the goals contemplated by this Agreement. 

Breach 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. 

Warranty.  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 non-infringement.  GreatDomains.com 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 therein. 

Limitation 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 OR $1,000. 

General Provisions.  You 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. 

Unless explicitly stated otherwise, any notices shall be given by email info@greatdomains.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 process. 

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.

GreatDomains.com’s 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 Agreement.

Thank 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.