Terms, Conditions,
Disclaimers and Copyright
This
is the user agreement for the use of the NetsiteDomains.com website.
NetsiteDomains has now been incorporated into DealNames.com. Many
brandable domains owned and offered are also multi-listed at TechBrand.com,
a division of DealNames.com. The terms and conditions listed here
are superseded by the terms and conditions of DealNames.com and TechBrand.com
when you visit either of those sites.
NetsiteDomains.com
(hereafter referred to as NetsiteDomains) is wholly owned by Click
as a Flash™. If you do not agree to be bound in full by these
terms and conditions, you should not use this site. Any action or
procedure to purchase a domain name or names listed on this site means
you expressly agree in full to these terms and conditions and in full
to the separate terms and conditions of the wholly independent sales
agent, and/or to those of the wholly independent domain name registrar(s)
where relevant, of which details follow.
There is one sole purpose of this website, which is to list, advertise
and sell domain names for sale wholly owned by NetsiteDomains. Your
sole use of this website is expressly limited to selecting and purchasing
any said domain name or names via the exclusive acquisition and escrow
service of Sedo®‚ the exclusive and wholly independent and
unrelated sales agent used by NetsiteDomains of which details follow,
unless expressly stated otherwise on this website.
All the domains listed at NetsiteDomains are also listed for sale
at Sedo®. If you proceed to purchase a domain directly on the
Sedo platform (which is completely legitimate and permissible) your
identity may be temporarily kept anonymous from NetsiteDomains due
to the nature of their automated and partially automated systems.
This may inhibit communication but does not affect domain sales and
transfers which may proceed without the ongoing involvement of NetsiteDomains,
which is the owner of every domain listed on this website via its
parent company Click as a Flash.
These terms and conditions are subject to change at any time, and
it is essential that you check them prior to any current or future
use of the services provided by this website as your use implies acceptance
of these terms and conditions.
Any use you make of the information or domains for sale or externally
linked websites on this website is entirely at your own risk.
NetsiteDomains uses and recommends the services of several external
and independent companies as a public customer thereof, but has no
private commercial links or affiliations with them whatsoever. Recommendation
of their services represents only an opinion, and does not constitute
legal advice. No responsibility is taken for you or for any other
third parties using the services of any external companies mentioned
on this website.
Subject to these disclaimers, NetsiteDomains is an independent customer
of Sedo® for sales, GoDaddy® and Moniker® for domain registration
and HostGator™ for hosting. Use of their services means you must
separately read and agree to their respective and separate individual
terms and conditions. Purchase of a domain means that both you (the
buyer) and NetsiteDomains (the seller) are legally bound by the terms
and conditions of Sedo (the sales agent), GoDaddy or Moniker (the
former registrars) and the terms and conditions of any receiving registrar
whether or not it is GoDaddy or Moniker. In any situation where you
use the services of other companies mentioned herein by NetsiteDomains,
their expressly stated terms and conditions, in the event of any conflict
or contradiction with those stated or paraphrased by NetsiteDomains,
overrule those of NetsiteDomains.
NetsiteDomains is entirely exclusive and independent of Sedo®.
NetsiteDomains is simply a customer of Sedo’s famous public domain
listing, sales, transfer and escrow service. Similarly, NetsiteDomains
is entirely exclusive and independent of Godaddy® and Moniker®.
NetsiteDomains is simply a customer of GoDaddy’s and Moniker's
famous domain registration services.
Your use of this website is further limited by the terms and conditions
of the sales agent. You must furthermore agree to comply with all
the terms and conditions of the sales agent as listed on its website:
www.sedo.com and if you do not you are expressly prohibited from using
the services of this website. Your use of this website is further
limited by the terms and conditions of the current registrar of all
the domains listed by NetsiteDomains. You must furthermore agree to
comply with all the terms and conditions of the registrars as listed
on their websites: www.godaddy.com and www.moniker.com and if you
do not you are expressly prohibited from using the services of this
website.
You must be at least eighteen years of age and be able to enter into
a contract under the laws of your country. If you do not meet these
requirements, you must recruit a parent, guardian or eligible person
to act as your agent and acquire the domain and accept legal responsibility
on your behalf. Your business relationship with any such parent, guardian
or other eligible person who acts on your behalf is entirely your
responsibility.
Your use of this website means you warrant and represent that you
will supply accurate and complete information as required for the
intended purpose of purchasing a domain name or names.
You must not attempt to acquire a domain name if any such domain name
alludes to contents, goods or services that are prohibited or illegal
in the country or jurisdiction in which you reside or operate. You
must not use the services of NetsiteDomains in any instance where
doing so violates in any way the laws or statutes of the state, country
or jurisdiction in which you reside. It is solely your responsibility
to comply with your own local laws and statutes, and you access the
services of this website solely at your own risk.
While every attempt is made to ensure the business activities of this
site comply with all relevant laws, nevertheless your use of the services
of this site is entirely at your own risk.
Information and domain names published on this website are on an “as
is” and “as available” basis without any warranties
to the contrary, either express or implied. No warranties are made
or implied as to whether or not any domain names listed on this site
are not subject to any trademark or any other intellectual property
claims.
NetsiteDomains reserves the right to alter the price of or withdraw
from sale any of the domain names listed on this site at any time.
You agree that your use of the NetsiteDomains website is at your sole
risk and that the services provided herein are on an “as is”
and “as available” basis without guarantee, express or implied.
These terms and conditions are subject to change and modification
at any time without notice, and any modifications are effective immediately
and supersede any that apply and exist previously. No warranty is
made, express or implied, regarding the accuracy or completeness of
the information contained on this website or for consequences thereof.
If you violate the terms and condition in any way, NetsiteDomains
reserves the right to terminate without explanation your use of this
site in perpetuity.
A further condition of your use of this site is that you will not
use it for any purpose which is unlawful or prohibited by these terms
and conditions, including the infringement of the rights of any third
party.
You are prohibited from any harvesting, data collection or data mining
via the use of software in any form, for example robots, spiders or
other invasive devices.
You must represent and warrant that you provide any necessary relevant
accurate and complete information in any action you take to acquire
a domain name listed on this site and in any actions you undertake
with the sales and escrow agent and/or associated registrar(s).
The sole purpose of NetsiteDomains is to advertise domain names which
it owns, and to assist buyers by providing them with the contact details
of a wholly independent (but exclusive) sales and escrow agent. Your
sole authority with regard to this site is, while complying with the
terms and conditions of this site and those of the sales agent and
registrar(s), to acquire a domain name or domain names. It is your
sole responsibility to carefully check the spelling and extension
etc of any prospective domain purchase prior to entering a binding
agreement to purchase.
NetsiteDomains bears no responsibility for any future changes or costs
which may be made by registrars or by the internet's governing body
ICANN to domain registration rules, costs, continuity or existence.
You are expressly prohibited from using this site for any other purpose
beside those permitted in these terms and conditions, prohibitions
which include but are expressly not limited to any of the activities
in the following paragraph:
You may not violate the rights of any third party, for example, but
not limited to defamation, libel, abuse or threats. You may not forward,
publish or link to any illegal contests, schemes, spam or similar.
You may not forward, publish or link to any infringing, profane, insulting,
indecent, child exploitation, terrorism, slavery or unlawful subject
or information. You may not use the site in connection with violation
of any privacy, intellectual property, copyright laws, licences or
other proprietary rights. You may not use the site in connection with
harvesting of email addresses for the purpose of contacting NetsiteDomain's
clients or any other members of the public. You may not use the site
in connection with malicious software, viruses or other invasive files
such as hacking intended to damage or covertly explore any third party
computer or the NetsiteDomain's server or the websites of the companies
mentioned or linked to on this website.
You may not attempt to evade, disrupt or defeat any security measures
applied by NetsiteDomains or the websites mentioned on or hyperlinked
to from this website. You may not apply large volume automated processes,
searches or data mining to the NetsiteDomains website or listed or
linked websites for solicitations, spamming, registration of second-level
domains or any other purpose. You may not use the site in connection
with sales or distribution of any illegal goods, services or information
in any jurisdiction for example drugs or firearms. You may not use
the site in connection with causing NetsiteDomains to participate
or appear to participate in any illegal activities through association
with your own activities. You may not use the site in connection with
inhibiting the lawful activities of any third party using and benefiting
from the use of this site. You may not use the site in connection
with transmitting or publishing any misleading information or trademark
or naming rights violations. You may not use the site in connection
with violation of any applicable government laws in any jurisdiction.
As a responsible and ethical business NetsiteDomains will cooperate
with any request by any government law enforcement agency, ICANN,
the sales agent, and/or the relevant registrar(s) with regard to any
violation of these terms and conditions associated with your use of
this website.
NetsiteDomains respects your privacy and will never sell your personal
details. NetsiteDomains will not provide your personal details to
any third party except where required by normal business practices
to the sales and escrow agent, and/or domain name registrar(s) who
have their own privacy policies, or except where requested by any
government law enforcement agency or ICANN. Your use of the site is
permitted only if you agree to similarly restrict and keep confidential
any private information about NetsiteDomains and/or its employees
and business practices except where you need to use any such material
in normal business processes relevant to your transaction(s) with
NetsiteDomains such as concluding a domain purchase with a registrar
or the sales agent.
NetsiteDomains, in so far as it enters into contracts to sell domain
names to buyers, has a limited requirement to store and use private
information from such buyers. That requirement may include sharing
all or part of that information with the sales agent and/or the relevant
domain name registrar(s) and/or ICANN. To enable NetsiteDomains to
use your information or part thereof in this limited way, you the
buyer agree to grant NetsiteDomains non-exclusive, worldwide, perpetual
and irrevocable rights to use your information in the process of selling,
transferring domain name(s) and transferring funds for the selling
of domain name(s) as required by NetsiteDomains with its sales agent
and registrar(s) and any other relevant companies who may be involved.
As stated elsewhere, NetsiteDomains respects your privacy, will never
sell your personal details and will only use your information where
NetsiteDomains deems it necessary for business transaction(s) between
NetsiteDomains and buyers.
You agree that any use of this site does not imply or grant you the
status of recommendation, partnership, joint venture, agency relationship,
employment, affiliate or associate of NetsiteDomains without express
written confirmation of any such status. If any person or entity is
granted agent or representative status by NetsiteDomains, that person
or entity will be officially listed on the website.
NetsiteDomains may terminate your use of or access to this website
at any time, with or without any cause, reason or notification. In
that event, your obligations as stated in these terms and conditions
in any relevant situation survives any such termination of right of
access.
NetsiteDomains will not sell, publish or otherwise provide any personal
details provided to this site by visitors or buyers, unless legally
obliged to, in, for example but not limited to, violations of the
terms and conditions as described in this document. NetsiteDomains
will comply with legal processes, regulations and government and/or
ICANN requests. You agree that any information provided to NetsiteDomains
may be used internally, but not published or passed to any third parties
without your express written permission, except as required in the
normal sales and transfer process where required by the sales agent
and/or the relevant registrar or registrars and/or ICANN. NetsiteDomains
reserves the right to retain a copy of any details you provide in
its business records in perpetuity, without being obliged to retain
such records.
You are responsible for any applicable government and/or financial
institution taxes, charges, services and expenses that may not be
included in the purchase price of any domain name purchased which
may apply in any jurisdiction. (This excludes the sales agent’s
fees and NetsiteDomains income taxes.) Note that NetsiteDomains is
responsible for the payment of the sales agent’s sales, transfer
and escrow fees and that is expressly the limit of NetsiteDomains'
liability in any sale.
You undertake that you understand that the domain names listed on
this site may be priced in either US dollars or Euros and that you
have assessed their value in your own currency prior to any decision
to proceed with any purchase.
If you have legally commenced to purchase a domain name from NetsiteDomains,
you undertake to pay for the domain in a timely manner without unreasonable
delay, in full compliance with the terms and conditions of the sales
and escrow agent. If you have not completed the purchase procedure
within fourteen (14) days of commencing the purchase, NetsiteDomains
reserves the right to cancel the sale. Any reasonable reason for a
delay such as illness or vacation will be fairly considered by NetsiteDomains
if received within fourteen (14) days at its sole discretion.
The seller gives the undertaking that every domain advertised for
sale on the NetsiteDomains website is appropriately registered with
an accredited domain registrar (which is either GoDaddy® or Moniker®)
and that it is not subject to deletion or cancellation by its registrar.
The seller undertakes to remove any domain name from the sales pages
within 48 hours (or less) of a notice of deletion or cancellation
being received from the registrar, until the matter is positively
resolved.
The seller gives the undertaking that every domain advertised for
sale on this site is not known by NetsiteDomains to be the subject
of any legal injunction, dispute, proceedings or undertaking which
would impair the legal purchase and transfer of each domain name.
The seller gives the undertaking that every domain advertised for
this sale on this site is not known by NetsiteDomains to be the subject
of any trademark, intellectual property, naming mark or associated
rights dispute or challenge. The seller undertakes to remove any domain
name from the sales pages within 48 hours (or less) of a notice of
any trademark, property, naming mark or associated rights dispute
or claim until any such matter is positively resolved.
NetsiteDomains makes no warranty that any domain name offered for
sale does not violate or conflict with the prior rights of any third
parties with regards to any business name, trademark or any other
common rights or intellectual property rights.
NetsiteDomains makes the important statement that no examination has
been made with regard to finding or identifying any such pre-existing
rights. It is the sole responsibility of the buyer to initiate a search
for any such rights prior to purchasing a domain name or names from
NetsiteDomains.
NetsiteDomains makes no warranty that the buyer may use any domain
or domains after purchase from its website without violation of the
rights of any third party. It is the sole responsibility of the buyer
to ensure that a domain may be used without infringing any such rights
by performing a comprehensive search and investigation into all possible
rights issues.
All the domains offered for sale by NetsiteDomains are intended to
be generic in nature. None are known to be subject to trademark or
intellectual property claims in any jurisdiction in the world. Nevertheless,
NetsiteDomains takes no responsibility for any future trademark or
intellectual property claim which may occur in respect of any of the
domains offered. It is the customer's sole responsibility to ensure
that any domain they purchase is not the subject of a trademark or
intellectual property claim in the jurisdiction(s) in which they operate,
and any such purchase and use of a domain name from NetsiteDomains
is done solely at the buyer's own risk.
The seller undertakes to remove any domain name from the sales pages
within 48 hours (or less) of a purchase being initiated if reasonably
possible once notification has been received and read. The seller
undertakes to remove any domain name from the sales pages within 48
hours (or less) if reasonably possible in the event of a warning or
notice being received and read that a particular domain is the subject
of a trademark or other rights dispute by a third party claimant until
such warning or notice is legally resolved.
The buyer undertakes that he or she will not attempt to purchase or
transfer any domain that may be illegal to transfer in his or her
legal jurisdiction.
The actual purchase price for any domain sale is the advertised price
on the sales pages of the sales agent. This may be in United States
dollars or Euros. This amount is converted to the buyer’s own
currency at current market rates at the time the buyer legally authorizes
payment for purchase. It is the buyer’s sole responsibility to
consider and evaluate the price of any domain purchase in his or her
own currency. The buyer accepts that there may be some rounding of
the currency conversion at point of sale either to the nearest US
dollar or Euro. The buyer accepts that there are constant currency
fluctuations in world financial markets and that it is his or her
responsibility to check currency rates at the moment of any purchase.
The buyer accepts that he or she is liable in full for any fee or
charge which may be applied by his or her bank, credit card company
or other financial institution or any government department or agency
for their role, participation in or oversight of the currency transfer
and/or domain sale.
Note that as stated elsewhere in these terms and conditions, NetsiteDomains
pays the commission to the sales agent in full for their role in any
domain sale and this also expresses the full financial contribution
of NetsiteDomains for any domain sale and transfer.
NetsiteDomains shall not be held liable for any damages or other claims
which may be made in the event of the failure of any domain name sale.
Note that every domain, subject to availability, is offered at a fixed
price at a first option to the first legal buyer. Note also that every
domain on the NetsiteDomains website is also publicly listed for sale
on the website of our sales agent and as such every domain name could
be sold at any time. As stated elsewhere, no guarantee is made that
any domain name listed on the NetsiteDomains site is still available
for sale at any given time. As stated elsewhere, domains which have
commenced the purchase process may not be removed from listings until
48 hours or more has elapsed. In the event of more than one purchaser
attempting to purchase the same domain (or domains) in a narrow time
period, the advice of the sales agent as to who was the first to initiate
a legal purchase will be taken as final. If no advice is received
from the sales agent, the first dated correspondence received by NetsiteDomains
or NetsiteDomain’s opinion will form a decision which will be
taken as final and uncontestable.
NetsiteDomains is not liable for any damages or any other claim which
may result from the failure to complete any domain name purchase and
transfer due to any circumstances, whether or not they are found to
be the fault of NetsiteDomains.
The buyer agrees to accept full responsibility, after the transfer
of a domain has been completed to their registrar, for any dispute
regarding trademarks, intellectual property, naming rights or any
other legal rights with regard to their domain name purchase, ownership
and future use.
NetsiteDomains makes no warranty to any prospective buyer that they
may use, assume ownership or have assigned any domain listed for sale
without violating any rights of a third party.
NetsiteDomains expressly disclaims all express or implied warranties
of any kind, including without limitation, any implied warranty of
commercial suitability, appropriateness for a particular purpose and
non-infringement of any third party rights.
NetsiteDomains renews the domains it owns annually. Consequently domains
for sale may potentially have anywhere from one (1) day to three hundred
and sixty five (365) days of remaining registration at the time of
sale. It is the sole responsibility of the buyer, prior to or at the
time of purchase, to immediately assess how much registration time
remains on any domain purchase and to renew it appropriately to ensure
future continuity of registration and ownership security. The seller,
while every effort is made to ensure all domains offered for sale
have a minimum of sixty (60) days remaining of registration, is however
not responsible for any failure of registration after the sale process
commences. NetsiteDomains, if it is aware that less than sixty (60)
days of registration remains on a domain that has commenced a sale
process, or if it is informed by the sales agent or buyer that less
than sixty (60) days of registration remains after the sales process
has commenced, undertakes to pay the annual registration of the relevant
domain at the annual fee of the effective registrar the day preceding
the time of sale, namely GoDaddy® or Moniker®.
Any failure of the buyer to comply with either the terms and conditions
of NetsiteDomains or the sales agent and/or the registrar(s) may constitute
grounds for termination of the sale and transfer of any domain, without
compensation except for refunding any part of the purchase price in
the event that that money has been received by NetsiteDomains or by
the sales agent, provided that the sales agent similarly agrees which
is entirely at its discretion. Note that failure to comply with the
requirements regarding the prompt and timely payment within fourteen
(14) days for any domain purchase may be grounds for termination of
any sale.
The sales agent, as per their terms and conditions which apply during
all transactions with NetsiteDomains, reserves the right to cancel
any transfer and escrow transaction if either party fails to cooperate
as obliged after two (2) requests are made to the buyer’s (or
seller’s) email address as supplied to their accounts with the
sales agent. The sales agent further reserves the right to obtain
the relevant commission fee from the party who has failed to meet
his or her legal obligations. (Note that in the case of a successfully
concluded sale and transfer, it is the seller NetsiteDomains who pays
the sales agent’s commission in full, provided that the buyer
has fulfilled his or her obligations in full.)
The buyer must read and agree in particular to the sales agent’s
terms and conditions regarding the resolution of any conflict or disagreement
between buyer and seller that may occur either during or after a sale
and/or transfer. This includes but is not exclusive to the policy
that states that once buyer’s money in part or in full has reached
the sales agent’s escrow account and once the domain or domains
in part or in full have been transferred to the buyer’s registrar,
then neither party may cancel the transaction.
The terms also include but are not exclusive to the policy that states
that the sales agent cannot be held responsible for any damages arising
from any failure of a transaction and transfer. The buyer and seller
must agree to the sales agent’s terms and conditions as published
on their website during and after any sales and transfer process.
The terms also include but are not exclusive to the policy that states
that the sales agent may set a deadline for any resolution of any
potential conflict between buyer and seller.
The terms also include but are not exclusive to the policy that states
that the buyer and seller must cooperate and not impede any stage
or procedure of the sales and transfer process whether by impeding
or failing to execute a procedure or transfer step, or failing to
provide accurate and timely contact details or any other failure to
reasonably cooperate in the transaction.
The terms also include but are not exclusive to the policy that states
that the sales agent is in no way responsible for verifying that any
domain name being transferred is free of any third party’s property,
trademark, naming, trading or other relevant rights or legal hindrances,
as described in their own terms and conditions. Failure to examine
any domain name sold for any violations of any such legal or commercial
rights is not the responsibility of the sales agent, who the seller
and buyer agree is acting solely in the capacity of a sales, transfer
and escrow agent.
The published terms and conditions of the sales agent overrule any
summary of those terms and conditions that may appear in these terms
and conditions published herein by NetsiteDomains.
The sales agent offers a full and secure escrow service. Once you
the buyer have paid them in full for any domain purchase, the sales
agent instructs us to transfer the domain to you. The sales agent
may be able to provide information to assist you with technical aspects
of the transfer, at its discretion.
As per the sales agent’s terms and conditions which govern the
actual sales, transfer and escrow process, the sales agent contacts
the buyer by email in the event of an agreement for a sale being made.
The buyer is then obligated to remit payment to the sales agent in
a reasonable, cooperative and timely manner.
Once the full amount of money is received by the sales agent, the
agent instructs and advises the buyer and seller how to efficiently
transfer the domain from seller to buyer in a technical process. The
sales agent requires that both buyer and seller cooperate in a reasonable
way and any failure to do so will be considered a breach of the legal
agreement that has been initiated.
If a failure of transfer of a sold domain name occurs through no fault
of the buyer, then a full refund of the purchase price will be paid
back to the buyer from the sales agent’s escrow account. If a
failure by the buyer to cooperate is the sole reason for a failure
of transfer, then a refund may not be made as determined by the sales
agent with whom both buyer and seller have entered into a legal agreement.
The sales agent’s judgment of buyer and seller cooperation in
any transaction is final as it relates to potential refunds.
Once the domain is transferred to you, the sales agent reimburses
NetsiteDomains (less the sales commission which is paid for in full
by NetsiteDomains). A domain transfer is defined as being completed
when the WHOIS information in the registrar’s database has been
updated to reflect that the new owner has assumed technical control
of the domain.
NetsiteDomains reserves the right to cancel the sale and transfer
of any domain if the buyer does not respond to either one of two email
requests for a reply within 14 days, at the discretion of NetsiteDomains.
Any genuine request for extra time, such as for vacations or illness,
will be considered at the discretion of NetsiteDomains and/or the
sales agent.
In the event that a transfer is not completed, for whatever reason,
any buyer’s refund for any purchase funds remitted will be determined
by the terms and conditions of the sales agent.
Any cancellation of a transaction due to failure of the buyer to pay
for a purchase or to respond to email requests within a reasonable
time frame does not necessarily imply that there will not be a future
claim against the cancelling buyer by either NetsiteDomains or the
sales agent.
You agree that you will not be entitled to a fee refund, in whole
or in part, from NetsiteDomains if, for any reason, NetsiteDomains
deems it necessary to take corrective or legal action with respect
to any illegal or unauthorized use of the services on the NetsiteDomains
website.
Neither NetsiteDomains nor its sales agent will be liable for any
damages or other claims arising from any failure to conclude any domain
sale or transfer and any consequences thereof.
Domain names are overseen and governed by the Internet Corporation
for Assigned Names and Numbers (ICANN) and domain disputes may be
subject to their rules known as the Uniform Domain-name Dispute Resolution
Policy (UDRP). In the event of a dispute between you and NetsiteDomains
or any third party concerning the ownership of a domain currently
or previously listed by NetsiteDomains which is subject to UDRP, you
agree to submit to and be bound by the determination of the UDRP.
You understand and agree that any claims you make are solely limited
to the possible ownership of a domain which may be the subject of
a dispute, and that you waive rights for any claim for compensation
from NetsiteDomains, the sales agent and/or registrar(s) in the form
of any type of financial funds or compensation.
Separate from your right to apply for ownership of a disputed domain,
you waive rights, including but not limited to, claims for compensation
for actual, statutory, compensatory or punitive damages due to any
alleged or perceived violation or claim related to loss of business
(whether actual or potential), trademark infringement, copyright infringement
or related or comparable alleged claims under the relevant laws of
any legal jurisdiction around the world. In a situation where you
fail to follow these terms and conditions with relation to a dispute
concerning a domain name or names involving NetsiteDomains or the
sales agent, you understand and agree that you may be financially
liable for any legal fees and costs incurred by NetsiteDomains and/or
the sales agent, including but not limited to any fees and costs which
may be incurred by submitting a dispute to ICANN’s UDRP process.
The buyer agrees that NetsiteDomains may publish the name of any domain
name sold, and for what price (though not the name of the buyer without
his or her permission) on its own site or on any domain name news
sites. If you have a sound reason to object to this, please contact
NetsiteDomains in writing as soon as possible and sales information
can be withheld by NetsiteDomains.
In the event of a conflict between the terms and conditions of NetsiteDomains
and the sales agent, the terms and conditions of the sales agent shall
prevail once you have entered into a contract and submitted your request
to purchase a domain or domains via the sales agent’s website.
NetsiteDomains is in no way responsible for any links either to or
from the NetsiteDomains.com website. No responsibility or warranty
is made or implied with regard to any information provided on any
site either linked to or from the NetsiteDomains site. NetsiteDomain's
use of and endorsement of the exclusive sales agent represents opinion
only and good faith only, and does not constitute legal advice. NetsiteDomains
is not responsible for the actions of the independently owned and
operated sales and escrow agent whose services it uses nor for the
independently owned and operated registrar it uses.
The buyer agrees that any use of the NetsiteDomains site, whether
by practical usage or by advice received, is entirely at his or her
own risk and that the services and information provided are on an
“as is” basis. NetsiteDomains expressly disclaims any warranty,
express or implied, including but without being limited to, legal
rights non-infringement, business suitability or similar or related
attributes with respect to the information contained therein.
No information, advice or services that you obtain from NetsiteDomains
shall create any warranty not stated expressly in these terms and
conditions.
NetsiteDomains makes no warranty that the services or information
provided by this website or by that of the sales agent and/or registrar(s)
will be timely, efficient, error free or secure. Services on these
websites are provided on an “as is” basis without warranty
and fully subject to the terms and conditions of all these separate
and independent websites. The buyer agrees that any information or
data obtained from the NetsiteDomains website or the sales agent’s
or registrars' websites is used entirely at his or her own risk and
without warranty except where specifically expressed.
NetsiteDomains makes no warranty about the accuracy or reliability
of any information or advice contained on its website, or that of
its sales agent or registrar(s), and cannot be held responsible for
such information or advice.
Under no circumstances shall NetsiteDomains, its officers, staff,
employees, affiliates, associates, service providers, sales agents,
registrars or suppliers be held liable for any lost profits, potential,
marketing, publicity, business, opportunities or claims in any form.
Under no circumstances shall NetsiteDomains, its officers, staff,
employees, affiliates, associates, service providers, sales agents,
registrars or suppliers be held liable for any consequential, incidental
or special damages arising from any use of the services (including
domain name purchases and their consequences), information or agreement
or arising from any negligence in any form.
You the prospective buyer understand and agree that any use of the
services of NetsiteDomains, including but not limited to the purchase
of a domain name(s) or acting on information published on the NetsiteDomains
website, is at your sole discretion and risk and that you will be
solely responsible for any damages or loss of business arising from
any such use of the said services, transactions or information, or
for any failure or termination of domain name ownership that may follow
for whatever reason.
NetsiteDomains’ potential liability, and the liability of its
officers, staff, employees, affiliates, associates, service providers,
registrars and suppliers to the buyer or associate or third party
in any circumstances is limited to the value of the service (such
as a domain name purchase) purchased by and paid for by the buyer.
Any potential liability of any other company is determined by their
own terms and conditions and it is the responsibility of domain name
buyers and potential buyers to agree to those terms and conditions
prior to undertaking business with NetsiteDomains or any of the companies
hyperlinked to or mentioned on this website.
NetsiteDomains makes no warranty that the services provided by its
website will be error-free, timely or secure. NetsiteDomains makes
no warranty that its services will meet the requirements of the buyer.
Except as lawfully prohibited, you agree that regardless of any contrary
statute, any claim or legal action arising out of the use of the goods
or services offered by the NetsiteDomains site must be commenced within
thirty (30) days of the date of payment for the purchase of the said
goods or services offered by NetsiteDomains. Otherwise, any such action
is permanently prohibited and any right you may have to any such action
is permanently waived.
You agree to indemnify and hold NetsiteDomains and its parent company,
officers, staff, employees, affiliates, associates, service providers,
sales agents, registrars and suppliers harmless from any claims or
demands in any form (not limited to attorney’s or other forms
of legal fees and not limited to any loss of income) made by any third
party arising from any use of the NetsiteDomains site or its goods,
services or information. You further agree to indemnify NetsiteDomains
and its parent company, officers, staff, employees, affiliates, associates,
service providers, sales agents, registrars and suppliers harmless
from (1) any claims arising out of any breach of the terms and conditions
of the NetsiteDomains website or the information it contains or refers
to or is associated with, and (2) any violation of any law or the
rights of any third party. After purchase, any use of a domain name
from NetsiteDomains is the buyer’s sole responsibility.
With regards to any use whatsoever of the goods and services of the
NetsiteDomains website, you agree to indemnify and hold harmless NetsiteDomains
and its parent company, attorneys, agents, employees, officers, management,
sales agents and registrars from any liability, loss, expense or damages
resulting from any claim or proceeding relating to your use of the
NetsiteDomains website.
In no event shall NetsiteDomains and its parent company, attorneys,
agents, employees, officers, management, sales agents and registrars
be held liable for any lost profits or associated, perceived, peripheral,
incidental, claimed or consequential damages arising out of or in
connection with the NetsiteDomains site, services, or these terms
and conditions including but not exclusive to, negligence, fault or
incorrect information.
This indemnity expressly includes any reasonable attorney’s fees
which NetsiteDomains may incur in any such claim or proceeding. “Your
use” includes anyone acting on your behalf including but not
exclusive of attorneys, agents, affiliates or other associates who
may undertake to use a service of NetsiteDomains.
With regards to any use whatsoever of the goods and services of the
NetsiteDomains website, you agree to indemnify and hold harmless NetsiteDomains
and its parent company, attorneys, agents, employees, officers, management,
sales agents and registrars from any liability, loss, expense or damages
resulting from any breach of these terms and conditions, including
but not exclusive of any negligence, unlawful act or willful misconduct
by you, or any claims that you have infringed any third party’s
trademark, copyright or other intellectual property rights.
This indemnity expressly includes any reasonable attorney’s fees
which NetsiteDomains may incur in any such claim or proceeding. “Your
use” includes anyone acting on your behalf including but not
exclusive of attorneys, agents, affiliates or other associates who
may undertake to purchase a domain name from NetsiteDomains.
This indemnity is additional to any other indemnity required of you
in the NetsiteDomains terms and conditions. If NetsiteDomains is notified
of a filed or pending lawsuit, you agree to promptly provide written
confirmation of your obligation to indemnify NetsiteDomains.
In the event of a dispute between yourself and NetsiteDomains, you
agree to fully cooperate during any proceedings, to make any claims
promptly and in writing, and to fully underwrite the costs of legal
counsel chosen by NetsiteDomains.
The total possible liability, and the liability of its parent company,
officers, staff, employees, affiliates, associates, service providers,
sales agents, registrars and suppliers, to you or any third parties
in any circumstance is limited to the greater of: (A) The fee you
have paid to NetsiteDomains for the domain name under dispute or legal
contention, and (B) $USD120.
You agree to indemnify and hold NetsiteDomains and its parent company,
officers, staff, employees, affiliates, associates, service providers,
sales agent, registrar and suppliers harmless from any claim or demand,
including reasonable attorneys’ fees, made by a third party or
ownership claimant arising out of or due to your use of the services
of the NetsiteDomains website, any breach of these terms and conditions
or the documents it incorporates by reference, or any violation by
you of the rights of any third party or any law in any jurisdiction
pursuant to your use of the NetsiteDomains website.
No part of this site may be reproduced or transmitted in any form
whatsoever without the express written permission of the copyright
holder. The right of Click as a Flash to be identified as the author
of this work is asserted in accordance with the Copyright, Designs
and Patents Act 1988. The www.NetsiteDomains.com site shall not be
re-transmitted, printed, lent or otherwise circulated without the
prior written permission of the copyright holder, and shall not under
any circumstances have these conditions waived for any recipient.
The artistic integrity of the work contained herein and the information,
graphics, data and text contained may not be altered, modified, copied,
published, transferred, sold, distributed, displayed, licensed or
repurposed in any way, shape or form, nor may derivative works be
made from the site, except where expressly permitted, without the
prior written permission of the copyright holder.
All content, data and information including database information assembled
on this website is the intellectual property of NetsiteDomains and
is protected by copyright, trademark and other relevant proprietary
rights and/or trade secrets and laws around the world. Information
about the independent and unconnected sales agent, registrar(s) and
hosting company used by NetsiteDomains is the intellectual property
of those organizations respectively, whether by common law, trademarks
or service marks, but not limited to these protections. Other rights
not expressly claimed in these terms and conditions are nevertheless
reserved by NetsiteDomains. Any brand names, materials, logos, graphics,
information, goods or services belonging to other companies mentioned
or cited on this site are common law, trademarks, service marks and/or
the intellectual property of their respective owners.
The NetsiteDomains website and all its component parts not limited
to its trademarks and not limited to the act of linking may not be
used in connection with any information, product or service that is
likely to cause confusion to or mislead visitors, customers or members
of the public, or to represent NetsiteDomains in a misleading, offensive
or false way, including false recommendations. Furthermore, the website
and all its component parts and not limited to the act of linking
shall not be referred to or used in any way that discredits or disparages
or brings into disrepute the NetsiteDomains website or the other companies
referred to or hyperlinked to by this website.
Subject to the proviso prohibiting misleading, offensive or disparaging
references in these terms and conditions, you are permitted a non-exclusive,
limited and revocable right to hyperlink to the NetsiteDomains website
in the sole context that the website exists to list and advertise
genuinely owned domain names for legitimate sale. You may not use
NetsiteDomains logos or other copyright materials for linking without
express written permission.
Any questions, suggestions or feedback to NetsiteDomains shall be
deemed to be in the public domain, non-proprietary and not subject
to copyright. As such, NetsiteDomains reserves the right to use any
such questions, suggestions or feedback received for its own marketing,
FAQs, site development, marketing or any other purpose without compensation
to you. If you wish to retain copyright or ownership of ideas or concepts
relating to domain selling, marketing or any other activity or information
related to or potentially related to NetsiteDomains and its business,
do not send them to NetsiteDomains.
This site contains hyperlinks to other sites outside our control.
No responsibility is taken for any content contained therein or for
any action or advice you may take from these sites or from any of
the NetsiteDomains.com pages. This applies additionally to links provided
by NetsiteDomains or by any third party. No judgment or warranty is
made respecting the accuracy or relevance of the contents or information
contained within any linked site, including any information on any
of those links concerning the NetsiteDomains site. NetsiteDomains
does not endorse the goods and/or services of other linked or mentioned
websites, but is merely expressing revocable opinion. NetsiteDomains
uses the services of other independent but linked companies in good
faith only, without taking responsibility. Visitors to, readers of
or actual or potential customers of NetsiteDomains should seek their
own professional financial and/or legal advice prior to using any
services offered on their website or by any of the other companies
listed or hyperlinked to.
Copyright in some images resides with various photo libraries. All
images, text and other media are presented for viewing purposes only.
No part of art, text, scraped data (for example for competitive analysis
and/or comparison), illustrations, photos, audio, logos, movies, design,
architecture, user interface, screenshots, navigation design, data
or trademarks may be saved, resold or reproduced in any shape or form
in any media, including any not yet invented. You may not use frames
or other framing techniques to enclose the NetsiteDomains website
or any component thereof. The names, products and services of other
companies which may be published on this website may be protected
trademarks or intellectual property of these respective companies.
In the event that you believe that the NetsiteDomains website contains
copyright infringing material, please contact this site immediately
providing concise information, evidence and your name and email address
so the problem can be resolved.
NetsiteDomains does grant legitimate customers and visitors a non-exclusive,
non-transferable, non-reproducable and non-assignable right to retain
one (1) copy only for personal, non-commercial and lawful use only
provided that you maintain all terms and conditions and other copyright
notices with said copy of the copyrighted data. This limited right
only applies to a customer’s personal computer and it is prohibited
to upload or in any way re-transmit or re-broadcast any material from
this site onto the internet.
NetsiteDomains operates this website from Sydney, Australia with a
registered business number in the state of New South Wales: (ABN 62
188 088 529). This website is primarily governed by the relevant laws
of NSW and Australia. In the event of any legal dispute arising from
your use of this website, you agree that the relevant court in NSW
or Australia shall be the sole venue and exclusive jurisdiction for
any such dispute. You agree that any dispute concerning the terms,
conditions or use of this website shall be filed in the relevant court
in NSW or Australia.
These terms and conditions are subject to existing laws, and may be
superceded or replaced by any relevant legal processes whether at
the directions or request of an official government, court or other
law enforcement entity. NetsiteDomains will comply with any such directions
or requests with respect to any aspect of your use of this site.
These terms and conditions are potentially severable. If any part
of these terms and conditions is deemed to be unenforceable, not valid
or not legal under relevant law, then the unenforceable, invalid and/or
illegal term(s) or condition(s) shall be superceded and replaced by
the most similar enforceable provision that most closely resembles
the intent of the original term(s) and condition(s). The remainder
of the terms and conditions shall continue to be valid and applicable.
These terms and conditions constitute the whole legal foundation for
any business between the prospective user of this website and NetsiteDomains.
You agree that a printed, true and accurate version of these terms
and conditions will be admissible as evidence and information in any
legal proceedings. Any alteration or variation to these terms and
conditions must be signed in writing by both you and a representative
of NetsiteDomains.
Any failure by NetsiteDomains to act on or enforce any part of these
terms and conditions does not waive any rights to act on or enforce
them in the future. You are not permitted to subcontract, sublicense,
rent or otherwise assign or transfer to a third party your claims
to any rights in your use of or dealings with NetsiteDomains. NetsiteDomains
may at its sole discretion and without notice delegate any or all
of these terms and conditions and responsibilities to a third party.
Without limitation, use of this website is not authorized in any jurisdiction
that does not give effect to compliance with all the terms and conditions
in these terms and conditions.
Any relevant rights not expressly stated in these terms and conditions
are reserved by NetsiteDomains.
Netsite Domains is 100 per cent owned by Click as a Flash™. "Netsite
Domains" is a trading names of Click as a Flash. Information
about our privacy policy is available on Netsite Domain's Privacy
page.
© Click As A Flash 2008-12. All rights reserved.
