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Legal Disclaimer

Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice.

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.

 
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