Terms & policies
Effective day 1 February 2023
Article 1. Definitions
API Transactional Services: the Services provided by the Contractor to the Client with respect to Contracting Services offered to Third Parties via an application programming interface ("API").
Buy Now: means the accepted price agreed upon between Provider and Transferee for the sale of the Domain Name.
Client/You: The Provider, Rentor, Transferee or Rentee, as the case may be.
Contracting Services: the mediation Services provided by Contractor to Provider and/or Rentor and/or Transferee and/or Rentee, with the objective of assisting said Parties in entering into an agreement for the transfer and/or rental of domain names, as well as associated services and activities performed by the Contractor.
Domain Name Price: the price agreed to under an agreement between the Parties for the transfer of a domain name to Transferee.
Lease to Own Agreement: (only applicable for domain name lease to own transactions): the agreement between the Provider, the Transferee and the Contractor that details the Domain Name Price and the schedule for payment thereof.
Limited Warranty Listed Domain: an eligible domain name(s) that Provider owns and offers for sale. Ineligible domains include, but are not limited to,.ch, .ro, .JP, .ar, .br, .vn, .fr, .pt, .hk, .com.au, .au, .mx, .za, .co.za, .co.nz, .nz, .ua, .ae, .ee, and .nyc.
Parties: Contractor and the Client. In this respect, either party may individually be referred to as the “Party”.
Provider: the party offering a domain name for sale and/or selling a domain name to the Transferee.
Registrar Services: the Services provided by the Contractor to the Client with respect to registering a domain name, including associated services such as management of the respective domain name.
Registration Agreement: the agreement between Client and Contractor that governs the Registrar Services provided to the Client by the Contractor.
Rental Agreement: (only applicable for domain name rental transactions): the agreement between the Contractor, Rentor and the Rentee regarding the rental of a domain name.
Rentee: the party wishing to rent or who rents a domain name from the Rentor.
Rentor: the party offering to rent or who rents a domain name to the Rentee.
Services: all services provided by Contractor to the Client. This includes Contracting Services, Registrar Services and API Transactional Services.
Third Party: a party with which the Contractor does not have a contractual relationship.
Transferee: the party wishing to acquire or who acquires a domain name from the Provider.
User: the user of the Website (as defined below).
Article 2. Applicability
2.1 The Terms apply to any use of the Website (through any communication service whatsoever) and to all Services provided by the Contractor. Separate agreements and additional policies may apply to certain Services and are in addition to (not in lieu of) these Terms. This Website and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Website or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicably law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United State or other applicable jurisdiction.
If you are entering into these Terms on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in these Terms, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of these Terms, Contractor finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms, including, but not limited to, the payment obligations. Contractor shall not be liable for any loss or damage resulting from Contractor's reliance on any instruction, notice, document or communication reasonably believed by Contractor to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Contractor reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of these Terms for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
2.2 The Terms are also applicable to contracts with the Contractor, for which Third Parties are involved by the Contractor to carry out the contract.
2.3 These Terms may not be amended, modified or supplemented in any manner, whether by course of conduct or otherwise, except by an instrument in writing specifically designated as an amendment hereto, signed by the Contractor.
2.4 If any provision of the Terms is determined to be invalid, illegal, annulled or incapable of being enforced by rule, law, or public policy, the remaining provisions of the Terms remain in full force and effect. Upon such determination, the parties will then consult in good faith in order to agree on new provisions to replace the invalid provisions, while the purpose and intent of the original provisions are observed to their fullest extent.
2.5 The Contractor’s failure to require strict compliance with the Terms by the Client, or to assert any of its rights under the Terms, does not mean that the Contractor to any degree would forfeit its right to demand strict compliance with the provisions of the Terms or would otherwise constitute a waiver of Contractor’s rights under the Terms.
2.6 The Contractor is at all times entitled to unilaterally amend these Terms. Any such changes will take effect on the date such amendments are communicated to the Client, or upon Client’s first use of the Website and/or the Services, whichever occurs earlier.
Article 3. Contractor and its Services
3.1 Contractor is located at Tesselschadestraat 11, 1054 ET, Amsterdam, the Netherlands, with VAT number NL854196468B01 and registered with the Chamber of Commerce under number 61079049. Contractor is responsible for exploiting the Website. Please refer to Contractor should you have any questions or queries with respect to the Website.
However, in order to warrant the availability of the funds transferred and/or payments made and/or payments made with respect to any transaction executed through the Website, Dan.com’s foundation, DAN Domain Transfer Foundation, located at Tesselschadestraat 11, 1054 ET, Amsterdam, the Netherlands, shall be considered the Contractor for these services. In order to service US based clients who transfer funds and/or payments with the use of a credit or debit card, DAN.COM, INC. located at 160 Tracy St., Unit 10, Athens, GA 30601, USA shall be considered the Contractor with respect to these transactions.
3.2 The Contractor operates the Website. The Website offers a platform on which a User can:
- offer domain names for sale,
- search for, view, purchase, lease or rent available domain names;
- acquire Contracting Services from the Contractor (including customer support services pre and post transaction);
- acquire Registrar Services from the Contractor (see B: Registrar Services); and
- in the case of API Transactional Services, permit Third Parties to access API Transactional Services (see C: API Transactional Services).
3.3 In performing the Services as referred to above under (1), (2), (3), (4) and (5), the Contractor facilitates the handling and executing of an agreement to transfer a domain name (either through ownership transfer or transfer of associated rights, such as lease or rental) between the Provider, the Transferee and/or Third Parties. The Contractor enables the communication between these parties and facilitates the transfer of the domain name after payment or the availability to the DNS of a domain name in case of a Lease to Own Agreement or Rental Agreement. For the avoidance of doubt, except for its role as a depositing party (i.e., the entity holding title to the domain name) under the Lease to Own Agreement or Rental Agreement, Contractor is not a party to any such agreement among the Provider, the Transferee and/or third Parties, and Contractor assumes no liability and bears no responsibility in respect of any such agreement.
3.4 Parties acknowledge and agree that the Contractor cannot exercise any rights to and therefore has no influence on the actual state of the domain name, including the accessibility of the domain name offered by the Provider. Contractor does not make any guarantees or warranties with respect to the domain name. In case of a dispute with respect to the domain name, Provider and the Transferee shall resolve such dispute between themselves. Contractor may provide facilitating services, at its sole discretion, in order to help Provider and Transferee resolve their dispute amicably.
3.5 Provider and Transferee will enter into a separate agreement when either the Provider or Transferee has accepted the last offer made by the Transferee or Provider on the domain name of the Provider. Notwithstanding the foregoing, a binding agreement will be deemed to have been entered into between Transferee and the Provider if the Transferee initiates a purchase via the so called “buy now”, “lease to own” or “rental” options.
3.6 In exchange for the Services, Contractor is entitled to a commission fee from Provider, payable upon execution of the respective agreement between the Provider and Transferee. Contractor shall transfer the associated payment with a deduction of the applicable commission fee from the Domain Name Price.
For the purposes of this limited warranty, a “Completed Sale” means an accepted Buy Now transaction for a Limited Warranty Listed Domain through a Contractor-owned site, combined with receipt of payment by Contractor and transfer of the Limited Warranty Listed Domain to Contractor’s control.
3.8 If the Provider and the Transferee have agreed on a Domain Name Price in a Lease to Own Agreement or Rental Agreement, the Parties shall enter into a Lease to Own Agreement or Rental Agreement, which shall be sent to the Transferee. The Provider will deliver the domain name under retention of title to Contractor, and Contractor shall hold the domain name until the Transferee has paid the full agreed Domain Name Price in accordance with the Lease to Own Agreement. While the Lease to Own Agreement is in effect, the Contractor maintains the domain name on behalf of the Provider and Transferee. Contractor does not, however, accept any liability, nor does it provide any warranty or guarantee other than that it will hold the title in the domain name for the duration of the Lease to Own Agreement. The Transferee may use the domain name under the conditions as set out in the Lease to Own Agreement until the transfer has taken place.
3.9 The Contractor shall at all times retain the right to cancel and/or terminate any Lease to Own Agreement and/or payment of the Domain Name Price if the Contractor believes this to be reasonably necessary (in its sole discretion), without any right of restitution of instalment(s) already paid and/or payment of any damages (whether direct or indirect). For the avoidance of doubt, if a Lease to Own Agreement is cancelled and/or terminated for whatever reason, the Lease to Own Agreement will retroactively be considered to have been a Rental Agreement, and all instalments paid are to be considered as rent, and Transferee shall not be entitled to restitution of any installment payments.
3.10 When the applicable contractual and other requirements described herein are met, the Contractor will complete the transaction of the domain name transfer and/or Domain Name Price in accordance with its own procedures. Parties acknowledge and agree that the Contractor is not a payment provider and that Contractor does not make any warranties in that respect. In order to effectuate the transfer of payments, Contractor uses the services of a third party payment provider. The terms and conditions of the third party payment provider shall apply to such payments.
3.11 The Contractor shall at all times be entitled to transfer or assign its rights and obligations under the agreements relating to the Services to one of its group companies or its other appointed third parties and to amend its Services unilaterally. The Client can only transfer or assign its rights and obligations from the agreement(s) upon prior written consent from the Contractor.
3.12 Provider/Rentor hereby appoints Contractor as its agent for the limited purpose of receiving payments from Transferees/Rentees. The Provider/Rentor agrees that the full payment of the Domain Name Price to Contractor, or monthly instalment or rental payment (in the case of a Lease to Own Agreement or Rental Agreement), constitutes final payment to Provider/Rentor extinguishing the Transferee's/Rentee's payment obligation to the Provider/Rentor as if the Transferee/Rentee had paid the Provider/Rentor directly, even if payment is not received by Provider/Rentor from Contractor. Contractor, not the Transferee/Rentee, is solely liable to the Provider/Rentor if Contractor fails to remit payments received from Transferee/Rentee to the Provider/Rentor.
3.13 In connection with the Lease to Own Agreement or Rental Agreement, Contractor shall retain the first monthly instalment or rental payment until successful transfer of the domain name to Contractor. If you are a Transferee/Rentee, you acknowledge and agree that Contractor is not holding funds on your behalf. If you are a Provider/Rentor, you acknowledge and agree that you have requested that the settlement of funds to you be delayed as provided in this Clause 3.13. Nothing in this Clause 3.13 shall affect the fact that the Transferee's or Rentee's payment obligation for the domain name is fully satisfied upon receipt of funds by Contractor as set forth in Clause 3.12.
Article 4. Rights and Obligations of the Client
4.1 Client represents and warrants that it (i) has the full authority and all rights necessary to enter into and fully perform all if its obligations under these Terms; (ii) will not infringe the patent, copyright, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party in its use of the Website or the Services; (iii) will comply with these Terms and all applicable laws, rules, and regulations in its use of the Website and Services; (iv) will not attempt to gain unauthorized access to another network or server; (v) will not disrupt, interfere with, damage, limit the function of, or suspend the use of, this Website or Services, including, without limitation, through the use, delivery or transmission of any viruses, harmful code, unsolicited emails, Trojan horses or any other computer programming routines that are intended to disrupt, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (vi) will not perform any false, abusive or fraudulent activity.
4.2 If an agreement is reached between the Provider and the Transferee with respect to a domain name, the Provider and the Transferee will undertake to provide full cooperation to the Contractor so that the Contractor can facilitate the transfer of the domain name. Upon verification of receipt of the applicable Domain Name Price, Contractor shall transfer the domain name to Transferee. If the Provider and the Transferee have agreed to a Lease to Own Agreement regarding the Domain Name Price, the domain name shall be transferred upon securing the total Domain Name Price in accordance with the conditions as set out in the applicable Lease to Own Agreement.
4.3 Contractor shall invoice the Client upon providing the Services. Parties agree that separate payment and/or billing instructions may apply or be entered into by way of a separate agreement (including a Rental Agreement or Lease to Own Agreement). In case of a domain name transfer between two companies, the Transferee shall submit its business information (including address and VAT reference number, if applicable) to the Contractor in order for Contractor to generate the invoice.
4.4 If the Contractor, for whatever reason, is unable to carry out its work or perform the Services, Contractor shall cancel the Services or, in its sole discretion, work in good faith with the Client(s) to reach a mutually agreed to solution for all Parties involved with respect to such Services.
4.5 If the Client has not fulfilled its obligations under the respective agreement(s), Contractor shall not be obligated to proceed with the transfer of the domain name. In that event, Client will be considered to be in default (“verzuim”) with immediate effect, without the need to be provided with a notice of default or a term to remedy the breach. Without limiting any other rights or remedies that Contractor may have, the Contractor is entitled to cancel the transaction and/or terminate the respective agreement(s) with immediate effect, without being liable for any direct or indirect damages to the Client.
4.6 The Client must provide the Contractor with correct and valid contact information, including Client’s email address. Client acknowledges and agrees that it is Client’s own responsibility to provide Contractor with valid contact information and a valid email address, and to update this information as often as may be reasonably necessary. Client cannot hold Contractor liable for any missed communication or any negative effects resulting from such missed communication, if such communication was sent to invalid or outdated contact details of the Client.
4.7 Payment of any costs or charges should always be made in the manner and within the period as stated on the invoice and in the currency as provided in said invoice, unless explicitly specified otherwise by the Contractor.
4.8 In case of a disputed invoice by the Client, Client shall inform the Contractor of its objections within 3 days after the date of invoice by means of a written appeal transmitted via email or electronic form. If the Client has not disputed the invoice as set forth in this Clause 4.8, the Client shall be deemed to have accepted the invoice entirely. Partial or full dispute of any invoice will not suspend the Client’s payment obligations thereof. Any failure to timely pay the invoice in full may result in additional surcharges in accordance with the statutory interest, apart from any other rights and remedies that the Contractor may have. In addition, Client is not entitled to set-off (“verrekenen”) any amounts payable to the Contractor.
4.9 If the Contractor cancels a transfer of a domain name through no fault of the Client, the Transferee will be refunded within 3 business days after cancellation (except in case of a Lease to Own Agreement as per Clause 3.8 and 7.12). If the domain name had already been transferred to the Contractor’s temporary domain holding account or registrar, the Provider will receive a new authorization code within 3 business days in order for the Provider to regain control and ownership over the domain name. If such provision of the authorization code is not possible for whatever reason, including a possible transfer lock, the Provider and Contractor will discuss and agree to an alternative way of returning control and ownership of the domain name to the Provider.
4.10 Within 30 days after payment of the Domain Name Price to Contractor, the Transferee shall effectuate the transfer of the domain name itself in accordance with the transfer instructions as sent by the Contractor. Parties may agree to an extension of the transfer period, for example in case the transfer of the domain name is explicitly delayed as agreed by the Contractor and Transferee. If the Transferee doesn’t transfer the domain name within the set timeframe of 30 days, and no exceptions to this clause have explicitly been made, the Transferee is deemed to have waived its rights to the domain name. In the event the transfer of the domain name has not been effectuated within the 30 day’s timeframe, the Contractor will be the legal owner of the domain name. Parties acknowledge and agree that no refund of the Domain Name Price is possible after payment of the Domain Name Price to the Provider.
4.11 When the Provider has already received the agreed Domain Name Price, the respective transaction cannot be reverted, canceled or refunded. In such event, the Provider can no longer make any ownership claims with respect to the domain name to Contractor.
Article 5. General Rules of Conduct
5.2 You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent
5.3 You will not use this Site or the Services in a manner (as determined by Contractor in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Contractor or Contractor’s Services.
- You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
5.4 You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Contractor.
5.5 You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
5.6 You will not access Contractor Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Contractor may designate.
5.7 You agree to back-up all of your User Content so that you can access and use it when needed. Contractor does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You will not re-sell or provide the Services for a commercial purpose, including any of Contractor's related technologies, without Contractor's express prior written consent.
You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Contractor Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Contractor Content or the User Content therein.
You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
You are aware that Contractor may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Contractor asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Contractor is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Contractor that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Contractor. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Contractor that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from Contractor. Message and data rates may apply.
Without limiting any of the rights set forth elsewhere in this Agreement, Contractor expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Contractor policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Contractor in its sole and absolute discretion).
If your purchase or account activity shows signs of fraud, abuse or suspicious activity, Contractor may cancel any service associated with your name, email address or account and close any associated Contractor accounts. If Contractor, in its sole discretion, determines that any conducted activity is fraudulent, Contractor reserves the right to take any necessary legal action and you may be liable for monetary losses to Contractor including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact Contractor Care
It is not permitted to offer for sale and/or place on the Website any domain names that infringe on the patent, copyright, trademark, trade secret, right of publicity or other intellectual property rights of any Third Parties, or that are considered to have a tainted history (such as blackhat SEO) or are obtained in an unlawful manner (such as stolen domain names).
5.8 It is not permitted to offer for sale and/or place domain names on the Website on behalf of Third Parties without the express written consent of the Contractor.
5.9 You may not use this Website or the Services if you are a person with whom U.S. persons are not permitted to have dealings (an "OFAC-Prohibited Person") pursuant to economic sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control ("OFAC"). This includes (but is not limited to) persons located in, or a citizen of, or ordinarily resident in, the following countries and regions: Cuba, Iran, the Crimea Region of Ukraine, North Korea and Syria. You represent and warrant that you are not an OFAC-Prohibited Person or otherwise ineligible to use this Website or the Services. Further, You may not use this Website or the Services if you are located in, or a or a citizen of, or ordinarily resident in, any other jurisdiction where Contractor has determined, at its discretion, to prohibit access to / use of this Website or the Services. You are required to comply with this Clause 5.6, even if Contractor’s methods to prevent use of this Website or the Services are not effective or can be bypassed.
5.10 In case of violations or suspected violations of any of the above provisions, the Contractor is entitled to take (in its sole discretion) any such measures it considers necessary, including (but not limited to) the removal or cancellation of the domain name offering, denial or suspension of access to the Client and/or relaying contact details (including personal data) to authorized third parties, including rights owners and law enforcement. In addition, Contractor reserves the right take such measures if any act, conduct, transaction, omission, or misrepresentation, exposes Contractor to sanctions, restrictions, or penalties, or upon receipt of any subpoena, order, or request from any government, government official, or law enforcement authority of competent jurisdiction.
Article 6. Bids and/or Offers
6.1 Every bid or offer that the Client and/or User places on a domain name which is offered for sale and/or placed on the Website is legally binding. A bid or offer can therefore not be revoked. If the bid or offer is accepted by the Provider, the bidding party is obliged to cooperate in submitting payment and transferring the domain name within the set timeframe.
6.2 The Contractor acts as an intermediary only and does not make any warranties with respect to the domain name. It is the Client’s own responsibility to investigate the domain name and to perform the necessary due diligence, including, without limitation, in respect of title. Parties acknowledge and agree that due to the high volume of domain names offered via the Website, the Contractor has no obligation to have any knowledge of the background, contents or previous use of any domain names offered through the Website.
6.3 Every bid or offer placed by the User is valid for a duration of 7 days.
6.4 The Provider is entitled to revoke an offer or counter offer within 7 days after placing the bid, offer or counter offer [if the bid, offer or counter offer has not already been accepted].
Article 7. Rental Agreement and Instalment Agreement
7.1 The Client and the Contractor may enter into a separate Rental Agreement and/or Lease to Own Agreement. With respect to the Rental Agreement and the Lease to Own Agreement, the terms and conditions as provided in these Terms apply. In that respect, the term “Provider” can be substituted for “Rentor” and “Transferee” for “Rentee”, as applicable.
7.2 Any commissions may be subtracted from the payment, instalment payment or rental payment and, if these payments are not sufficient, from the subsequent payments. In the event that the domain name is purchased in instalments or rented, the commission subtracted will be limited to the secured instalment or rent payment (e.g.: if the commission is 25%, and the instalment price $100, the Contractor only subtracts $25 from the payout of the Provider for each instalment.).
7.3 In the event of purchase of a domain name by way of Rental Agreement and/or Lease to Own Agreement, the Transferee shall only use the domain name in accordance with any applicable law and regulation, and with all duty and care. For the avoidance of doubt, the Transferee is banned from using the domain name in case such use:
- is in breach of any applicable law, statute, or regulation;
- is fraudulent, criminal or unlawful;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- infringes or breaches the patent, copyright, trademark, trade secret, right of publicity or other intellectual property) rights of any Third Party;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian’s permission);
- provides information on any illegal activity (including, but not limited to, instructional information on acquiring or fabricating illegal weapons or drugs, privacy violations or distributing computer viruses);
- publicizes or promotes commercial activities an/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- involves the use, delivery or transmission of any viruses, harmful code, unsolicited emails, Trojan horses or any other computer programming routines that are intended to disrupt, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.d
7.4 Notwithstanding the above, Client acknowledges and agrees that any (other) prohibited activity as referred to in Clause 5 above, as well or any other activity which may cause damages to the Provider or another person or Third Party and/or which may decrease the value of the domain name are strictly prohibited. Such activities include (but are not limited to) the use of aggressive SEO strategies, techniques and tactics that focus only on search engines and not a human audience, and usually does not obey search engines guidelines (black hat SEO), such as keyword stuffing, invisible text, doorway pages, adding unrelated keywords to the page content or page swapping (changing the webpage entirely after it has been ranked by search engines), and the use of the domain name for spam activities.
7.5 In case of violation of the Terms included in Clause 5 and this Clause 7, the Transferee shall forfeit (in addition to Contractor’s other rights and remedies) an immediately payable contractual penalty of twice the amount of the fees included in the Lease to Own Agreement, or, in case of a Rental Agreement, 24 times the monthly rent. This contractual penalty shall be calculated per violation or, at Contractor’s sole discretion, per day or part of that day that the violation continues after Contractor has made Transferee aware of the violation. In addition Transferee shall be obliged to limit any further damages and/or remediate any diminished value of the domain name associated with the violation.
7.6 In case of a Rental Agreement [or Lease to Own Agreement], Rentor is further prohibited to sell or rent the domain name to any Third Party, to pledge the domain name as security if such pledge frustrates the (performance of the) Rental Agreement, or to act in any other way which is in conflict with this agreement or which may cause damages to the Contractor and/or the Rentee, after the deposit of the Domain Name Price. Rentor acknowledges and agrees that it shall be fully liable to the Contractor and/or the Rentee for any damages resulting from its breach of this clause.
7.7 If the Transferee fails and/or neglects to fulfil its obligations as per the respective agreement, the Provider may terminate the agreement with immediate effect. Transferee acknowledges and agrees that it shall be fully liable to the Contractor and/or the Rentor for any damages resulting from its breach of the agreement.
7.8 Parties acknowledge and agree that the Contractor may terminate the Rental Agreement and/or Lease to Own Agreement with immediate effect upon written notice thereof if the Client:
- institutes insolvency proceedings;
- has a receiver appointed;
- has been declared bankrupt;
- is dissolved;
- has any attachment levied on a substantial part of its assets.
7.9 Notwithstanding the foregoing, if the Provider has been declared bankrupt and the first instalment has been paid by the Transferee, the domain name shall be transferred to the Transferee immediately unless prohibited by applicable law or bankruptcy order.
7.10 After termination of the Rental Agreement or Lease to Own Agreement, as applicable, the Provider may rent or sell the domain name to any party, including competitors of the Transferee. If the Lease to Own Agreement has been terminated by the Provider, the Lease to Own Ageement will retroactively be considered to be a Rental Agreement and all instalments paid are to be considered as rent.
7.11 Client agrees to relinquish its right to invoke the recission (“ontbinding”) of the Rental Agreement or Lease to Own Agreement, on whatever grounds.
Article 8. Complaints
8.1 A Client can submit complaints about the Services provided by the Contractor by sending an e-mail to , along with a complete and clear description of the complaint and relevant documentation.
8.2 Complaints should be submitted within a reasonable timeframe after Client becomes aware of any defect in the Services. In this respect, any complaints filed within a period of 14 days are deemed to have been submitted within a timely manner.
Article 9. Disclaimer of Representations and Warranties
9.1 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE SHALL BE AT YOUR OWN RISK AND THAT THIS WEBSITE AND THE SERVICES FOUND AT THIS WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND CONTRACTOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
9.2 For complaints, comments or the identification of content that infringes any law or infringes the (intellectual property) rights of third parties, please e-mail us to .
Article 10. Indemnification
10.1 You agree to protect, defend, indemnify and hold harmless Contractor and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Contractor directly or indirectly arising from (i) your use of and access to this Website or the Services found at this Website; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms or your use of this Website or the Services found at this Website.
10.2 The Provider declares to the Contractor that it is the owner of the domain name offered by Provider and it does not infringe on the patent, copyright, trademark, trade secret, right of publicity or other intellectual property rights of third parties or is otherwise unlawful.
10.3 The Provider and Transferee (or Rentor and Rentee, as applicable) shall defend, indemnify and hold harmless the Contractor from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys’ fees, arising from or relating to any agreement entered into between said parties by way of using the Services.
Article 11. Limitation of Liability
IN NO EVENT SHALL CONTRACTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS WEBSITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (III) THE SERVICES FOUND AT THIS WEBSITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS WEBSITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CONTRACTOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CONTRACTOR'S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
Article 12. Disputes, Binding Individual Arbitration and Waiver of Class Actions and Class Arbitrations
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
(A) Disputes. The terms of this Section shall apply to all Disputes between you and Contractor, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Contractor arising under or relating to any Contractor Services or Products, Contractor’s websites, these Terms, or any other transaction involving you and Contractor, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND CONTRACTOR AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR CONTRACTOR FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and Contractor further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 19 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
(D) Dispute Notice. In the event of a Dispute, you or Contractor must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Contractor must be addressed to: Contractor, 2155 E. GoDaddy Way, Tempe, AZ 85284, Attn.: Legal Department (the “Contractor Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Contractor and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Contractor may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND CONTRACTOR AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR CONTRACTOR WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 19 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, at your option.
(G) Initiation of Arbitration Proceeding. If either you or Contractor decide to arbitrate a Dispute, we agree to the following procedure:
i. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).
ii. Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
iii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.
(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Contractor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Contractor is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(I) Arbitration Fees and Payments.
i. Disputes involving $75,000.00 or less. Contractor will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Contractor’s last written settlement offer made before the arbitrator was appointed (“Contractor’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Contractor’s last written offer, Contractor will: (i) pay the greater of the award or $1,000.00; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Contractor agree on them.
ii. Disputes involving more than $75,000.00. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
iii. Disputes involving any amount. In any arbitration you commence, Contractor will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Contractor commences, Contractor will pay all filing, AAA, and arbitrator’s fees and expenses. Contractor will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not included in determining the amount in dispute.
(J) Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
(L) Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and Contractor agree that if Contractor makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Contractor’s address) in these Terms, Contractor will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
(M) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
(N) Exclusive Venue for Other Controversies. Contractor and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.
11.1 By using the Services, the Client agrees that it will keep any information with respect to the Services confidential, and that it shall not use any confidential information of Contractor, except in performance of any agreement between Client and the Contractor. Client shall disclose the confidential information of the Contractor only on a need to know basis and solely for purposes of the agreement. The Client will protect the confidential information in the same manner as it protects its own confidential or proprietary information of a similar nature, and in no event with less than reasonable care.
11.2 Notwithstanding Clause 11.1 above, Client may disclose confidential information of the Contractor to the extent that such disclosure is required by law or by the order of a court or similar judicial or administrative body and/or competent supervisory authority, provided that the Client notifies the Contractor of such required disclosure as soon as it becomes aware thereof in writing.
11.3 Communication of confidential information shall in no case be construed as granting an express or implicit license, proprietary rights, title or interest whatsoever with respect to the confidential information.
12.1 Notices to the Contractor may be sent to the Contractor via the contact form available on the Website.
12.2 Notices to the Client will be sent to the provided e-mail address, or by mail in case there is reason to do so and an address is available.
Article 13. Termination
13.1 In addition to Contractor’s termination rights as provided elsewhere in these Terms, Contractor is entitled to terminate and/or cancel any agreement with the Client with respect to the Services if the Client:
- institutes insolvency proceedings;
- has a receiver appointed;
- has been declared bankrupt;
- is dissolved; or
- has any attachment levied on a substantial part of its assets.
13.2 In the event of a termination in accordance with the above, Contractor shall not be obliged to refund any received amounts or pay compensation to the Client.
Article 14. Force Majeure
14.1 Contractor shall not be liable for any delay or non-performance of its obligations under any agreement with respect to the Services to the extent that such delay or non-performance is due to an event that is not attributable to the Contractor (“Force Majeure”). This includes (but is not limited to) war, civil unrest, terrorist acts, strikes, lock-out and other general labour disputes, acts of government, natural disasters, pandemics, breakdown or general unavailability of transport facilities, general shortages of energy, general shortages of materials, accidents, fire, explosions and Acts of God.
14.2 In the event of Force Majeure, Contractor shall inform the Client in writing of its occurrence. Contractor is entitled (but not obliged) to cancel or terminate the agreement associated with the Services in case of Force Majeure, without incurring any costs or payments to the Client.
Article 15. Miscellaneous
15.1 These Terms, as well as any Rental Agreement and Lease to Own Agreement are governed by Dutch law (The Netherlands). Any dispute resulting out of or in connection with these Terms or any associated agreement shall be exclusively submitted to the competent court in Amsterdam, the Netherlands.
15.2 in the event the Transferee is a US citizen or a US based business and the Transferee has opted for a credit or debit card payment via the Third Party payment platform Adyen.com, these Terms, as well as any associated agreement shall be governed by US law. In this event, US courts shall have jurisdiction to decide on the dispute and Parties shall determine in good faith basis which court shall be the competent court to resolve the dispute.
15.3 The provisions of these Terms set out the legal relationship between the Parties and replace all previous agreements or statements made by the Contractor and only provide evidence for it.
15.4 The Client agrees that any version received and/or saved by the Contractor with respect to any communication or measurement (monitoring) from the Client shall be considered authentic and leading, unless the contrary is proven by the Client.
15.5 These Terms might have been drafted in multiple languages. In case of any discrepancy between the language versions of these Terms, the English version is considered leading and binding, and shall prevail in the event of any dispute as to the scope or content of the Terms.
15.6 Our Privacy Statement, which you may view at dan.com/privacy, is incorporated herein by reference. By accepting these Terms, you acknowledge that you have reviewed the Privacy Statement and expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Statement.
B. Registrar Services
The following additional Terms apply with respect to Registrar Services provided by the Contractor to the Client.
Article 16. Additional Client obligations
16.1 Client and Contractor shall enter into a Registration Agreement, which includes the application procedure for registering domain names through the Website. By entering into the Registration Agreement, Client agrees to be bound by these Terms, as well as any applicable terms, regulations and possible domain name dispute resolution policies that may apply with respect to the registration of the domain name.
16.2 Registration Services shall only be provided after the following conditions are met:
- acceptance by the Client of the applicable Terms and Agreement(s);
- acceptance by the Contractor (in its sole discretion) of the domain registration application; and
- payment of the applicable fees by the Client.
16.3 The Client is responsible for ensuring that all information provided to the Contractor is complete and accurate.
Article 17. Limitation of Liability
17.1 Client acknowledges and agrees that Contractor does not control all aspects of the domain name registration process. Contractor shall therefore not be liable for any inaccuracies regarding the registration information relating to information provided by the Client or any information processed and/or used by the respective domain name registry. Contractor shall not be held liable and not refund any domain name registration due to spelling errors/typos.
17.2 Client acknowledges and agrees that Contractor only acts as an intermediary on behalf of the Client. As a result, Contractor shall not perform any actions with respect to the Registrar Services without Client’s prior written instructions or consent. Client acknowledges and agrees that Contractor shall not be liable for any damages as a result of Client’s own omissions or incomplete or untimely instructions.
17.3 Client acknowledges and agrees that the domain name registration is subject to suspension, cancellation or transfer to correct mistakes by the Contractor, another registrar, or a registry administrator in administering the domain name or for the resolution of disputes concerning the domain name pursuant to an ICANN policy or procedure. It is Client’s sole responsibility to verify if any domain name is infringing the patent, copyright, trademark, trade secret, right of publicity or other intellectual property rights of any third Party prior to registration. In the event that the domain name is found to be infringing , Contractor may cancel or terminate the registration with immediate effect, without any obligation to refund any amounts paid by the Client to the Contractor or without the obligation to compensate the Client for any damages incurred therewith. Client acknowledges and agrees that Contractor is entitled (in its sole discretion) to suspend, cancel, transfer or otherwise modify a domain name registration in order to comply with a court order. In no event shall Contractor be liable to the Client in that respect.
17.4 Client shall defend, indemnify and hold harmless the Contractor from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys’ fees, arising from or relating to Client’s breach of the Registration Agreement, these Terms or any policies which apply to the Services, as well as Client’s use of the domain name or any Third Party claim with respect to the domain name.
Article 18. Fees
18.1 Registrar Services are subject to payment of the applicable fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.
18.2 Contractor reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days' notice, for any reason, at its sole discretion.
Article 19. Registration information
19.1 As part of the domain name registration process and in accordance with ICANN policies, a registered name holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including (but not limited to) the following:
- The domain name registrant's name and postal address;
- The domain name being requested;
- Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain name; and
- Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain name; and
- Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain name.
- The original creation date of the domain name registration;
- The submission date and time of the registration to Contractor and by Contractor to the proper registry;
- Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between Client and the Contractor;
- Account records for your domain name registration, including dates and amounts of all payments and refunds;
- The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
- The corresponding names of those nameservers;
- The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain name;
- The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain name;
- The expiration date of the registration; and
- Information regarding all other activity between you and us regarding your domain name registration and related services.
Client therefore acknowledges and agrees that Contractor will make this information available as part of the domain name registration process.
19.2 Upon renewal of the domain name registration, the type of information Client is required to provide may have changed. Client acknowledges and agrees that the Contractor may refuse renewal of the registration if the Client fails to timely submit any additional required information.
C. API Transactional Services
The Contractor offers an application programming interface (API) to Third Party platforms and integrators for using its Services. In order to access the Services provided by Contractor, the Third Party platform and/or integrator must create an integrator account via Contractor’s Website, and accept applicability of these Terms. The Third Party platform and/or integrator acknowledges and agrees to be bound by these Terms. The Third Party platform and/or integrator shall not provide any information, content or Services associated with the Contractor’s Services to its own clients, unless such clients have accepted the Contractor’s Terms.
D. Brokerage Services
The following additional Terms apply with respect to Domain Brokerage Services (the “Brokerage Services”) provided by Contractor, to the Client.
Article 20. Brokerage Definitions
Asking Price: the amount for which Dan brokerage is authorized to publish a Brokered Domain for sale.
Brokered Domain: a domain name that Client refers to Dan brokerage for Brokerage Services hereunder.
Buyer: a purchaser of a Brokered Domain, whether remitting cash or other consideration in return for rights to the Brokered Domain.
Commission and/or Fee: the amount to be paid by Client to Contractor as set forth below.
Reserve Price: the minimum amount for which Dan brokerage is expressly authorized to sell a Brokered Domain.
Sales Price: the sum of the cash plus the value of any other consideration that a Buyer pays, remits, barters, or otherwise exchanges in order to obtain rights to a Brokered Domain hereunder.
Article 21. Brokerage Terms.
21.1 From the time that Client requests the Brokerage Services from Contractor, Client hereby grants Contractor the exclusive right and authority to market the Brokered Domains for sale at the respective Asking Price or Reserve Price, as Contractor deems appropriate in its sole discretion.
21.2 Contractor shall obtain the written consent of Client to proceed with any sale of a Brokered Domain if the offer for the purchase of the Brokered Domain does not meet the Reserve Price. Such consent from Client may be provided to Contractor via email or via the Platform.
21.3 Once Contractor accepts a request to provide the Brokerage Services to Client, Contractor shall, to the exclusion of all others, have the exclusive right to market, promote and facilitate the sale of the Brokered Domains through whatever means Contractor chooses, at its sole discretion.
21.4 For and in consideration of the Brokerage Services to be provided by Contractor hereunder, Contractor shall be entitled to collect Twenty Five Percent (25%) or Fifteen Percent (15%), depending on the nameservers set on the domain name upon a successful sale, of the Actual Sales Price of any Brokered Domain sold (the "Fee").
21.5 The purchase of a Brokered Domain shall close with the Contractor acting as the domain ownership transfer service provider and Client agrees to be bound by the standard terms and conditions of Contractor’s domain ownership transfer service. Any commission due related to the sale of any Brokered Domain Name hereunder shall be the responsibility of the Client.
21.6 Client acknowledges and agrees that Client is responsible for paying its own taxes in association with this Agreement and the sale of any Brokered Domain Name hereunder.
21.7 Upon notice of a Sale of a Brokered Domain Name, Client shall immediately initiate a transfer of the specified Brokered Domain Name to an holding account or registrar managed by Contractor, who will hold the Brokered Domain Name until transferred to the Buyer.
21.8 Client agrees that Client shall still be obligated to pay all related Fees if Client fails to transfer the Brokered Domain following the Sale or if transfer of a Brokered Domain to the respective Buyer otherwise cannot be made due to reasons within the control of Client.
21.9 During the Term, Client expressly covenants that Client will:
- Provide Dan.com and Contractor with complete and accurate information regarding the Brokered Domains at all times;
- Provide Dan.com and Contractor such other information and data as Dan.com and/or Contractor may reasonably request from time to time in order to permit Contractor to perform its duties hereunder; and
- Provide best efforts in order to cooperate with Contractor with the sale of the Brokered Domains as may be reasonably requested by Contractor.
21.10 Client hereby makes the following representations and warranties:
- Client has the requisite power and authority to enter into and carry out these Terms;
- To Client’s knowledge, there is no action, proceeding, or investigation, pending or threatened, which questions, directly or indirectly, the validity or enforceability of these;
- Client has taken all actions required by applicable law, and has obtained all consents which are necessary to authorize or enable it to consummate the transactions contemplated in these Terms;
- Client shall comply with all applicable laws and regulations in connection with its performance under these Terms;
- Client is the registrant of the Brokered Domains or otherwise has full control of all Brokered Domain Names and has the full authority to sell and to transfer good, valid and marketable title to the Brokered Domains as contemplated herein. If the Client is not the owner of the Brokered Domains, that the Brokered Domain owners represented by Client are the sole owner of all rights, title and interest in the Brokered Domains;
- The Brokered Domains will be transferred to the applicable Buyers free of any liens, encumbrances, restrictions, licenses, or security interests;
- The Brokered Domains were properly purchased, registered or otherwise acquired without any fraud or misrepresentation;
- The Brokered Domains do not infringe on any patent, copyright, trademark, trade secret or other proprietary and/or other rights of any third-party;
- Client has no notice or knowledge that the Brokered Domains are the subject of any litigation, claims, arbitration or other legal proceeding, either pending, contemplated or threatened.
21.11 Indemnification In addition to any other indemnification obligations contained in these Terms, Client agrees to hold harmless, indemnify and defend Dan.com and Contractor, as well as their respective members, managers, agents, employees and contractors, from any and all damages, liabilities, fines, penalties and costs, including without limitation, reasonable attorneys’ and professionals’ fees and court or arbitration costs, resulting from actual or threatened third-party claims, allegations, demands and/or complaints of any kind arising from or related to any breach of warranty, covenant, representation, or other obligation of Client under these Brokerage Services Terms.
21.12 LIMITATIONS ON LIABILITY
- Contractor makes no representations and/or guarantees hereunder related to either’s ability to sell the Brokered Domains or any sales prices thereof. Moreover, Contractor shall not be liable to Client for any indirect, special, incidental, punitive or consequential damages, even if it has advance notice of the possibility of such damages, for any matters relating to the Brokerage Services.
- IN NO EVENT SHALL CONTRACTOR BE LIABLE TO CLIENT IN AN AMOUNT IN EXCESS OF THE LESSER OF (i) EUR 150; OR (ii) THE TOTAL FEES PAID TO CONTRACTOR HEREUNDER.
21.13 Contractor shall have the right to publish the name of any Brokered Domain sold, but not the Sales Price, on the Contractor website or in other places for reference purposes.