Welcome to the F.A.S.T. Company, DBA as Absolute Domain
Names or ABSOLUTEDOMAINNAMES.COM, User Agreement (this "Agreement")
This Agreement describes the terms and conditions applicable to your
use of the services at the ABSOLUTEDOMAINNAMES.COM web site. Throughout
this Agreement, you are sometimes identified generally as "User,"
and sometimes by the word "Seller", "Bidder" or "Buyer", depending
upon how you are using our services at particular times. We are sometimes
identified by our corporate name of F.A.S.T. Company. By entering
or otherwise accessing the ABSOLUTEDOMAINNAMES.COM website, or using
information posted to the website, you accept the terms and conditions
of this Agreement and agree to be bound by them. If you do not accept
these terms and conditions you may not access this website or use
the information contained in this website. If you have any questions,
please contact us.
We may amend this Agreement at any time by posting the amended terms on our
site. The amendment 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 otherwise amended
or modified except in a writing signed by both parties.
1. Eligibility. Our services are only available
to individuals who can form legally binding contracts under applicable
law. Our services are not available to minors under any circumstances.
If you do not qualify, please do not use our services. ABSOLUTEDOMAINNAMES.COM
may refuse services to anyone at anytime, at our sole discretion.
2. Fees. Using the services provided
by ABSOLUTEDOMAINNAMES.COM is free. No fees are charged to the Buyer
for the services provided by ABSOLUTEDOMAINNAMES.COM. All fees are
paid by the Seller, typically only on success basis. Unless otherwise
stated, all fees and other payments are due and payable in U.S.
Dollars. Our current fee schedule and payment terms ("Fee Schedule
and Payment Terms") are available
here and are incorporated by reference in this Agreement. The
Fee Schedule and Payment Terms are subject to change at any time.
The fee schedule and payment terms in effect on the date of a Seller's
listing shall govern the transaction.
2.1 You are responsible for all applicable
taxes, costs, hardware, software, services and all other costs and
expenses you incur for the participation in any activity conducted
over our website. We may, in our sole discretion, add, delete or
change any of the services provided or fees charged by ABSOLUTEDOMAINNAMES.COM.
These will be binding on the date that they become effective, similar
to any other revision that is made to this Agreement.
3. The ABSOLUTEDOMAINNAMES.COM is a 'Neutral Exchange'.
Our site serves as a place for Sellers to list for sale Domain Names
which they hold as Registrant, and for Buyers to make offers for
those Domain Names, to attempt to become Buyers of Domain Names.
Some Domain Names are being sold by ABSOLUTEDOMAINNAMES.COM. For
Domain Names not being sold by F.A.S.T. Company, ABSOLUTEDOMAINNAMES.COM
merely facilitates the transaction by which a Seller agrees to undertake
the actions required by the applicable domain registrar and registry
(the "Domain Name Registrar") to transfer the Domain Name registration
(the "Registration") to the Buyer. We do not control the actual
transfer of the Registration, which is accomplished by the Domain
Name Registrar, in accordance with its rules. ABSOLUTEDOMAINNAMES.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.
4. Buyer's Right to Use the Purchased Domain Name is Not
Guaranteed. User understands that the purchase of a Registration
does not guarantee that the domain name may be freely used by the
purchaser. Trademark law, rights of publicity and privacy, and other
legal considerations may limit or even prohibit certain uses of
the words in the Domain Name. ABSOLUTEDOMAINNAMES.COM neither investigates
the Seller's legal rights to use the domain name nor makes any representations
or assurances to Buyers in this regard. Buyer should consult legal
counsel prior to purchasing a Domain Name to determine whether it
may be used for Buyer's intended purpose under current law, and
under potential future changes in applicable law.
5. No Guarantee of Seller's Good Title or Right to Transfer the Listed Registration. ABSOLUTEDOMAINNAMES.COM has absolutely no responsibility to investigate or determine whether Seller has good title to the Registration listed by Seller for auction, or whether Seller has the right to sell, assign or transfer such Registration. Both Sellers and Buyers are advised to obtain legal or other competent professional advice as to such matters, including applicable laws in force or pending, and the rules of the applicable Domain Name Registrar. All auction sales are "as is," subject to such defects in title and/or quality as might be disclosed by an investigation conducted at Buyer's expense.
6. No Liability for Statements Posted or Provided by Users.
We cannot nor do we try to control the information provided by Users
which is made available through our system. By its very nature,
other people's information may be offensive, harmful or inaccurate,
and in some cases will be mislabeled or deceptively labeled. We
expect that you will use caution -- and common sense -- when using
our site. We disclaim any responsibility or liability for claims
of libel, slander or defamation arising from statements of Users
posted or otherwise made available through our system.
7. No Liability for Interrupted Access to Services.
We do not guarantee continuous, uninterrupted or secure access to
our services, and operation of our site may be interfered with by
numerous factors outside of our control.
8. Sellers' Warranties. As a condition of using our site, each Seller warrants and represents each of the following to Buyers and to ABSOLUTEDOMAINNAMES.COM:
(a) the Registration is in good standing,
(b) the Seller is not in breach of any obligation to the registrar or registry of the Domain Name (both referred to as the "Registrar"),
(c) all registration fees have been paid in full,
(d) the Registration has not been pledged to any third party, has not been mortgaged, is not the subject of any security interest granted to any third party, has not been licensed and has not otherwise been the subject of any express permissions to use or to link,
(e) the Seller is an authorized contact on the Registration and has sole and exclusive authority to authorize transfer the Registration free of any claim of any kind and to execute such documents as will be recognized by the Registrar to effect a transfer of the Domain name,
(f) the Seller is free from any notice or claim asserted or threatened by any third party claiming infringement of any trade name, trademark, service mark, copyright, or license of any person or organization,
(g) the Registration is not the subject of any suspension or dispute procedure by any Registrar or of any arbitration or other dispute resolution procedure
(h) that the Seller holds no trademark, tradename, or other proprietary commercial interest in the Domain Name and will hereafter make no objection to Buyer's registration or use of the Domain Name,
(i) to the best of the Seller's knowledge, neither the Domain Name nor the Registration infringe any third party's copyright, patent, trademark, or other proprietary rights
(j) the Registration does not violate any law, statute, ordinance or regulation
(k) the Domain Name is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing,
(l) the Domain Name is not obscene
or contain child pornography and
Seller agrees to advise ABSOLUTEDOMAINNAMES.COM immediately in the event that Seller become aware of any claim of infringement or any trademark, trade name, service mark, copyright or other right described in this paragraph.
9. Indemnification. Users agree to defend,
indemnify and hold ABSOLUTEDOMAINNAMES.COM harmless from and against
any and all liabilities, losses, damages, costs and expenses including
reasonable attorneys fees and court costs associated with any claim
or action brought against ABSOLUTEDOMAINNAMES.COM arising from the
actions of such Users, including without limitation, for breach
of any warranties or representations contained herein, or infringement
of any trademark, copyright, or other claim of any kind based upon
the sale, license, transfer or use of the Domain Name in accordance
with this Agreement, or any other provision of this Agreement.
10. Release of Liability. In the event that
you have a dispute with a Buyer or Seller, you release ABSOLUTEDOMAINNAMES.COM
and its agents and employees from any claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code §1542, which states: "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 must have materially affected
his settlement with the debtor."
11. Suspension of Listings. ABSOLUTEDOMAINNAMES.COM
reserves the right at its discretion to halt, suspend or remove
any listing at any time. Without limiting the generality of the
this right, User agrees that ABSOLUTEDOMAINNAMES.COM may halt, suspend
or remove any listing in the event that ABSOLUTEDOMAINNAMES.COM
receives notice that would be sufficient in the courts of the State
of Oregon to satisfy the burden of proof that a purchase, sale,
transfer, assignment or registration of a domain name constitutes
direct or contributory infringement, trademark piracy, cybersquatting,
or any other violation of any applicable civil or criminal legislation,
or of the rights of any third party. ABSOLUTEDOMAINNAMES.COM may
also halt, suspend or remove a listing if ABSOLUTEDOMAINNAMES.COM
receives notice under the terms of any Domain Name Registrar's dispute
policy that the Registration is the subject of a domain dispute
policy proceeding.
12. Listing and Selling. Listings for Domain
Names shall be in text descriptions suitable for placement on the
ABSOLUTEDOMAINNAMES.COM web site.
13. Your Information Provided to ABSOLUTEDOMAINNAMES.COM.
You are responsible for the truth and accuracy of any information
you provide publicly or privately to us or other Users during the
registration, bidding, or listing or closing process, in any public
message area (including but not limited to chat, discussion forms,
and appraisals) or through any email feature ( "Your Information").
With respect to Your Information:
13.1 Solely to enable ABSOLUTEDOMAINNAMES.COM
to use Your Information without violating any rights you might have
in that information, you agree to grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licenseable (through multiple
tiers) right to exercise the copyright and publicity rights (but
no other rights) you have in Your Information, in any media now
known or not currently known, with respect to Your Information.
14. ABSOLUTEDOMAINNAMES.COM Intellectual Property.
No Member or other User shall receive any right, license or permission
to use or reproduce any of the ABSOLUTEDOMAINNAMES.COM trademarks,
copyrights or other intellectual property rights nor to link to
any of the ABSOLUTEDOMAINNAMES.COM web pages without express written
permission.
15. System Integrity. You will not yourself,
or allow or enable another, to directly or indirectly interfere
or attempt to interfere with the operations fo the ABSOLUTEDOMAINNAMES.COM
website, the services provided by ABSOLUTEDOMAINNAMES.COM and any
activity on the ABSOLUTEDOMAINNAMES.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 ABSOLUTEDOMAINNAMES.COM
computer systems.
16. No Warranty. USE OF THE ABSOLUTEDOMAINNAMES.COM
WEBSITE AND OUR SERVICES ARE FURNISHED "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES WHATSOEVER INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights that vary from jurisdiction
to jurisdiction.
17. Damages Disclaimer; Limit of Liability.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL ABSOLUTEDOMAINNAMES.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. Some states do not allow the limitation of liability,
so the foregoing limitation may not apply to you.
18. General Compliance with Laws. You shall
comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our service and your purchase offers, listings,
purchase and sale of Registrations.
19. No Agency. You and ABSOLUTEDOMAINNAMES.COM
are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended
or created by this Agreement.
20. Notices. Except as explicitly
stated otherwise, any notices shall be given by email to contact us
(in the case of ABSOLUTEDOMAINNAMES.COM), or to the email address
you provided on the ABSOLUTEDOMAINNAMES.COM Request
Listing Form (the "Form") (in your case), or such other address
as either party shall specify by notice to the other at above addresses.
Notices shall be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid
or not received.
21. Assignability. You may not assign, transfer,
resell or sublicense your rights or obligations under the terms
and conditions of this Agreement.
22. Arbitration. Any controversy or claim arising
out of or relating to this Agreement shall be settled by binding
arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Portland,
Oregon, United States and judgment on the arbitration award may
be entered into any court having jurisdiction thereof. Either you
or ABSOLUTEDOMAINNAMES.COM may seek any interim or preliminary relief
from a court of competent jurisdiction in Portland, Oregon, United
States necessary to protect the rights or property of you or ABSOLUTEDOMAINNAMES.COM,
pending the completion of arbitration.
23. General. This Agreement shall be governed
in all respects by the laws of the State of Oregon as such laws
are applied to agreements entered into and to be performed entirely
within Oregon between Oregon residents. If any provision of this
Agreement is held to be invalid or unenforceable, such provision
shall be struck, and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure
to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof.
23.1 You agree that regardless of any stature
or law to the contrary, any contract arising out of or related to
use of the services provided by ABSOLUTEDOMAINNAMES.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.
23.2 AbsoluteDomainNames.com makes
no representations whatsoever about other web sites which you may
access through this one. When you access a non-AbsoluteDomainNames.com
web site, please understand that it is independent from AbsoluteDomainNames.com,
and that AbsoluteDomainNames.com has no control over the content
on that web site. In addition, a link to a non-AbsoluteDomainNames.com
web site does not mean that AbsoluteDomainNames.com endorses or
accepts any responsibility for the content, use, or products and
services made available through such web site.
24. Disclosures. The services hereunder
are offered by ABSOLUTEDOMAINNAMES.COM, located at 905 N.E. 67th
Avenue, Portland, Oregon 97213, United States. If you are an Oregon
resident, you may have this same information emailed to you by sending
a letter to the foregoing address with your email address and a
request for this information.
