Domain Marketplace
Terms & Conditions
In this Service Agreement ("Agreement"),"Customer," User, "you" and "your"
refer to each customer or user of PoolDomains.com Inc., "we," "us", "our" and
"PoolDomains.com" refer to PoolDomains.com Inc. This Agreement explains our obligations to
you, and your obligations to us, in relation to your use of our services.
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY APPLYING FOR THE SERVICES
OF PoolDomains.com OR OTHERWISE SELECTING OR USING ANY OF OUR SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
By selecting PoolDomains.com service(s) you have agreed to establish an account with
us for such services. When you use your account or permit someone else to use
your account to purchase or otherwise acquire access to additional service(s),
or to modify or cancel such service(s) (even if we were not notified of such
authorization), this Agreement covers any such service or actions.
Any acceptance of your application(s) for our services and the performance of
our services will occur at our offices in 26 Auriga Drive, Ottawa, ON,
Canada, the location of our principal place of business.
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PoolDomains.com offers a secondary listing service to permit an owner ("Seller") of a
domain name registration ("Domain Name") to sell a particular Domain Name in an
auction or at a fixed price. Seller selects a listing option ("Listing Option")
and pays a one time, non-refundable fee as specified from time to time on our
website ("Listing Fee"). Upon payment of the Listing Fee, Seller agrees to
transfer the Domain Name to a PoolDomains.com registrar partner as specified by
PoolDomains.com ("Registrar Partner") for the duration of the listing ("Listing
Period"). The Registrar Partner will lock the Domain Name until such time as
the domain is sold and payment has been collected or the Listing Period has
expired. The transfer of the domain name to the Registrar Partner will result
in a one year renewal of the Domain Name provided the Domain Name has not been
registered for a period equal to or in excess of ten (10) years at the time of
transfer by Seller to PoolDomains.com and such renewal is permitted by the appropriate
registry. Renewal fees for such additional registration term are included in
the Listing Fee.
In the event a Domain Name is successfully sold or auctioned, PoolDomains.com will
advise the successful bidder or buyer ("Buyer") and attempt to collect payment.
Buyer will have 24 hours to complete successful payment of the sale amount.
In the event (1) the sale amount is not collected in full from Buyer within 24
hours, (2) the auction fails to secure the minimum bid specified by the Seller,
or (3) there are no offers to purchase the Domain Name for the fixed price
specified by the Seller, the Seller may chose to relist the Domain Name for an
additional Listing Period or have the Domain Name unlocked by the Registrar
Partner. The Seller may then transfer the Domain Name as desired. Please note
the Listing Fee is not refundable under any circumstances.
In exchange for listing and/or selling the Domain Name, PoolDomains.com will retain a
commission based upon the gross sale price of the Domain Name ("Commission").
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In addition to the representations and warranties you further provide herein,
as a Seller of a domain name, you represent that: (i) your registration of the
Domain Name is current and not subject to deletion, cancellation, rescission,
or deactivation by any domain name registrar or registration authority; (ii)
you have not taken any action that would impair your ability or right to
transfer the Domain Name and no such action has been taken against you; (iii)
the Domain Name is not the subject of any legal proceedings challenging your
right to register or use the Domain Name; and (iv) you have accurately
described the Domain Name listing.
Upon payment of the Listing Fee, you are required to promptly approve the
transfer of the Domain Name to the Registrar Partner. Following the transfer to
the Registrar Partner, (i) the DNS information for the Domain Name will be
changed to a Pool-hosted web page promoting/advertising the sale of the Domain
Name or to a parked, under construction or similar temporary web page ("Parked
Page"), as determined in PoolDomains.com’s sole discretion, and (ii) all e-mail
addresses, including registrant, administrative, technical and billing contact
e-mail addresses, will be changed to an e-mail address administered by Pool in
order to respond to e-mail inquiries about the Domain Name. You authorize such
changes to the DNS information and e-mail addresses, and agree that such DNS
information and e-mail addresses will remain as set by Pool throughout the
Period of Exclusivity (as defined below).
If you choose to place your domain name up for auction, you are required to
sell the Domain Name for a bid which meets or exceeds the minimum Listing Price
you have specified within the Listing Option you have selected. Carefully
consider the Listing Options prior to paying the Listing Fee and approving
transfer of the Domain Name to the Registrar Partner – the Listing Price
constitutes an irrevocable offer to sell the Domain Name and is not retractable
under any circumstances.
If you choose to sell your Domain Name at a fixed price, you are required to
sell the Domain Name to the first Buyer meeting the fixed price. Carefully
consider the fixed price prior to paying the Listing Fee and approving the
transfer of the Domain Name to the Registrar Partner – the fixed price
constitutes an irrevocable offer to sell the Domain Name and is not retractable
under any circumstances.
You may not place any bids or offer to purchase the Domain Name that you have
listed for sale, either under your own name, an alias, or through any entity in
which you maintain a controlling interest.
Upon successful completion of an auction for or sale of a particular Domain
Name, PoolDomains.com will collect payment of the sale price on your behalf. PoolDomains.com
will deduct the Commission from the sale price and provide a cheque payable to
you for the remainder of the sale price in due course. Escrowed deposits do not
earn interest for the Seller of a particular Domain Name.
In the event of any fraud or other event which results in a failure to collect
the sale price following disbursement of the sale price (less Commission) to
Seller, Seller agrees to refund to PoolDomains.com the total cost of the sale price
paid by PoolDomains.com to Seller in exchange for the return of the Domain Name.
Seller also agrees to refund PoolDomains.com for all costs and expenses (including
reasonable attorney’s fees) incurred by PoolDomains.com with respect to the refund of
the sale price and return of the Domain Name.
If no bids are placed on a particular Domain Name, or the highest bid placed is
below the minimum selling price, you may relist the domain at no additional
cost or choose to have the Domain Name unlocked by the Registrar Partner. You
may subsequently transfer the Domain Name to a registrar of your choice at your
own cost.
All returned Domain Names have been renewed for a period of one year provided
the Domain Name had not been registered for a period equal to or in excess of
ten (10) years at the time of transfer by Seller to PoolDomains.com and such renewal
is permitted by the appropriate registry. Fees for such renewal are included in
the Listing Fee charged to you.
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PoolDomains.com relies on the integrity of the users of its services to honour their
commitments. If you choose to purchase a Domain Name for a fixed price or bid
for a particular Domain Name and you are the highest bidder at the end of the
auction, and your offer is accepted, you are obligated to complete the
transaction and pay to PoolDomains.com the fixed price or sum of the winning bid.
Carefully consider your offers to purchase prior to placing them – such offers
are not retractable under any circumstances.
Upon successful completion of an auction for a Domain Name and collection of
payment, the ownership of the Domain Name will be transferred to you. Upon
transfer of the Domain Name, the Domain Name will remain locked by the
Registrar Partner for a minimum period of ninety (90) days which period may be
extended in PoolDomains.com’s sole discretion ("Locked Period"). During the Locked
Period, you will have control over the Domain Name except that you may not
transfer the domain name to another registrar. You may transfer the Domain Name
to a registrar of your choice following the expiry of the Locked Period.
All Domain Name registrations subject to a successful auction or offer to
purchase have been renewed for a one-year term (or such longer term as is
required by the registry) provided the Domain Name had not been registered for
a period equal to or in excess of ten (10) years at the time of transfer by
Seller to PoolDomains.com and such renewal is permitted by the appropriate registry.
The fees for such renewal are included in the Listing Fee charged to the Seller
of a particular Domain Name.
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PoolDomains.com offers .pw Domain Names for sale through the Domain Marketplace.
Notwithstanding the foregoing, all .pw Domain Names are subject to a reserve
price. The Seller is required to sell the Domain Name to the highest bidder who
meets or exceeds the reserve price. If no bids meet the reserve price, Seller
may relist the domain at no additional cost or choose to have the Domain Name
unlocked by the Registrar Partner. Seller may subsequently choose to have to
transfer the Domain Name to a registrar of its choice at its own cost.
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Seller agrees that PoolDomains.com shall have the exclusive right to list and/or sell
your Domain Name for the duration of the Listing Period, any renewals thereof,
and until payment of the sale price has been collected and the domain name has
been transferred ('Period of Exclusivity'). Seller may not negotiate directly
with any Buyer to avoid paying the Commission during the Period of Exclusivity.
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Seller hereby directs PoolDomains.com to transfer the Domain Name to the successful
Buyer in accordance with the terms and conditions specified herein.
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Seller hereby grants PoolDomains.com the right to suppress or otherwise block out any
registrant contact information during the Listing Period, including, but not
limited to, name, telephone number, facsimile number or e-mail address
("Registrant Contact Information"). Seller agrees not to take any steps to make
known your Registrant Contact Information or your ownership of the Domain Name
during the Listing Period.
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PoolDomains.com reserves the right to refuse to list or sell any Domain Name which we
feel is an infringement of any third party’s rights, including, but not limited
to, trade-mark rights, or that we feel is unsaleable, as determined in our sole
discretion.
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PoolDomains.com reserves the right to terminate any of its services at any time, with
or without notice to you. In the event of such termination, your sole remedy
will be to request a refund of any amounts paid to PoolDomains.com for services that
were not completed in whole or in part. In the event that a service was
partially completed, you may request a refund of the pro-rata portion of such
fee for uncompleted services.
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You agree that you will only use our services for lawful purposes. We have no
responsibility to monitor your use of any Domain Name we list, sell, purchase
or transfer on your behalf. We reserve the right to terminate your account if a
domain registered on your behalf is found to be pointing to or otherwise
directing traffic to any content or material in violation of any statute or
regulation, including without limitation any violation of domestic or
international copyright laws, trademark laws, cybersquatting laws, or any
material judged to be threatening or obscene.
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PoolDomains.com does not provide any guarantee whatsoever that the Domain Name will
sell or that your offer to purchase a Domain Name will be accepted.
You agree that the listing or purchase of your chosen Domain Name does not
confer immunity from objection to either the registration or use of your Domain
Name.
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The terms and conditions applicable to the duration and conduct of auctions are
set forth on the website located at www.PoolDomains.com and are incorporated herein by
reference.
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As consideration for the services you have selected, you agree to pay PoolDomains.com
the applicable service(s) fees, Listing Fee and/or Commission ( collectively
referred to as Fees ) set forth on our website at the time of your
selection. In addition to the Fees, you agree to pay any sales, use, personal
property or other governmental tax or levy imposed on the services you have
selected. PoolDomains.com is not responsible for the payment of any such taxes.
You agree that PoolDomains.com reserves the right to increase its Fees and you agree
to be bound by any fee increase. Any increase in Fees will not be applicable to
listings already for sale or in auction at the time of the increase in Fees.
All Fees are due immediately and are non-refundable. PoolDomains.com may take all
remedies available to collect Fees owed and may recover from you all costs and
expenses (including reasonable attorney fees) incurred by PoolDomains.com to collect
such Fees.
Payment of all Fees may be made by cheque, wire transfer or, for amounts less
than $500 (USD), by credit card with faxed authorization unless otherwise
authorized by PoolDomains.com. You agree to keep your credit card information accurate
and current with PoolDomains.com at all times. In the event of non-payment, reversal
of payment, or a charge back by a credit card company or other payment
provider, in addition to any other remedies PoolDomains.com may have, we may, in our
sole discretion, take any of the following actions: (i) transfer any domain
that you have acquired through the PoolDomains.com service to PoolDomains.com; (ii) delete
the Domain Name; and (iii) suspend or terminate your account and any or all
domain name registrations.
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During the Period of Exclusivity, the Domain Name may be linked to a Parked
Page. You agree that any revenue generated from the Parked Page during the
Period of Exclusivity enures to the benefit of PoolDomains.com.
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When you list or offer to purchase a Domain Name with us, we provide you with a
password that can be used to access your account. It is your responsibility to
safeguard your password. You accept full responsibility for any services
purchased, or modifications made to your account, using this password.
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You must keep your PoolDomains.com user information (including without limitation your
name, credit card information and email address) accurate and current so that
we may reliably communicate with you regarding the status of your listing or
offer to purchase and other PoolDomains.com services you may be using, and collect
payment for Fees in a timely manner. If you do not supply accurate and complete
contact and credit card information to us, we will be unable to perform our
services to you, it will be considered a material breach of this Agreement, and
we may, in our sole discretion, elect to cancel the services without further
notice to you.
Our privacy statement, located on our website at
http://www.PoolDomains.com/privacy.aspx and incorporated herein by reference, sets
forth your and our rights and responsibilities with regard to your personal
information.
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In order for PoolDomains.com to ensure the transfer of the Domain Name to Buyer is
successfully completed, Buyer must supply us with complete, accurate and
current required registration information. You acknowledge that our Registrar
Partner is required to make this information publicly available on a WHOIS
database and you consent to such disclosure. You agree to maintain and update
this information as needed to keep it current, complete and accurate and to
respond within fifteen (15) calendar days to any request by us to update or
confirm the accuracy of your information. Any failure by you to provide or
update such information or to respond to our request is a material breach of
this Agreement and may result in our inability to transfer a Domain Name to you
and we may, in our sole discretion, elect to cancel the services without
further notice to you.
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You agree to bound by the registration agreement of the Registrar Partner so
long as the Domain Name remains registered with the Registrar Partner,
including, but not limited to, the dispute policy set out therein. The
registration agreement of our Registrar Partner is located at
www.rebel.com/termsandconditions.asp and is incorporated herein by
reference. It is your responsibility to read and review the registration
agreement and to comply with all terms and conditions contained therein.
You further agree to be bound by ICANN's Uniform Domain Name Dispute Resolution
Policy (the "ICANN UDRP"). The current version of the ICANN UDRP may be found
at ICANN's website located at www.icann.org . Please take the time to
familiarize yourself with that policy.
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You represent and warrant that you have provided notice to, and obtained
consent from, any third party individuals whose personal data you supply to us
as part of our services with regard to: (i) the purposes for which such third
party's personal data has been collected; (ii) the intended recipients or
categories of recipients of the third party's personal data; (iii) which parts
of the third party's data are obligatory and which parts, if any, are
voluntary; and (iv) how the third party can access and, if necessary, rectify
the third party's personal data. You further agree to provide such notice and
obtain such consent with regard to any third party personal data you supply to
us in the future. We are not responsible for any consequences resulting from
your failure to provide notice or receive consent from such individuals or for
your providing outdated, incomplete or inaccurate information.
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Except as otherwise provided in this Agreement, you agree, during the term of
this Agreement, that we may revise the terms and conditions of this Agreement
and/or change the services provided under this Agreement at any time. Any such
revision or change will be binding and effective ten (10) calendar days after
the revised Agreement or change to the service(s) is posted on the PoolDomains.com
website. You agree to periodically review our website, including the current
version of this Agreement available on our website, to be aware of any such
revisions. If you do not agree with any revision to the Agreement or change to
the services, you may terminate this Agreement at any time. Any fees paid by
you prior to termination of your Agreement with us are non-refundable, but you
will not incur any additional fees. By continuing to use our services ten (10)
calendar days after any revision to this Agreement or change in service(s) is
posted on our website, you agree to abide by and be bound by any such revisions
or changes. We are not bound by and you may not rely on any representation
concerning this Agreement or our services made by: (i) any agent,
representative or employee of any third party that you may use to apply for our
services; or (ii) information posted on our Web site of a general informational
nature. No employee, contractor, agent or representative of PoolDomains.com or any
partner of PoolDomains.com is authorized to alter or amend the terms and conditions of
this Agreement.
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In order to change any of your account information with us, you must use your
account name and the password that you selected when you created your PoolDomains.com
account. Please safeguard this information from any unauthorized use. In no
event will we be liable for the unauthorized use or misuse of your account name
or password.
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You agree that, if your agent purchased our service(s) on your behalf, you are
nonetheless bound as a principal by all terms and conditions herein whether
your agent was authorized by you or not. You are responsible for any errors
made by your agent. We will not refund any fees paid by you or your agent on
your behalf for any reason based on any act or omission of your agent.
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You authorize us to notify you as our customer of information that we deem is
of potential interest to you. Notices and announcements may include commercial
e-mails and other notices describing changes, upgrades, new products and
services or other information pertaining to services and/or other relevant
matters. If you do not wish to receive bulk email solicitation notices or
announcements please de-select such options from your PoolDomains.com account.
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To the extent permitted at law, PoolDomains.com and its partners and contractors will
not be liable for any direct, indirect, incidental, special or consequential
damages resulting from your use or inability to use any of the PoolDomains.com
services or for the cost of procurement of substitute services.
We disclaim any and all loss or liability resulting from, but not limited to:
(i) any failure or inability to transfer a Domain Name; (ii) any third party
claims arising from or based on your use of our services; (iii) access delays
or access interruptions; (iv) data non-delivery or data mis-delivery; (iv) acts
of God; (v) the unauthorized use or misuse of your Account name or password;
(vi) errors, omissions, or misstatements in any and all information or
service(s) provided under this Agreement; (vii) the deletion of or failure to
store data of any kind; (viii) the development or interruption of your website;
(x) our processing of your application for our services, our processing of any
authorized modification to your record or your agents failure to pay any fees,
our fees or re-registration fees; or (xi) the application of the ICANN UDRP or
the Dispute Policy.
You agree that our entire liability, and your exclusive remedy, with respect to
any PoolDomains.com service(s) provided under this Agreement and/or for any breach of
this Agreement is solely limited to the amount you paid for such service(s).
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You agree to release, indemnify, and hold PoolDomains.com, our partners, contractors,
agents, employees, officers, directors, shareholders, affiliates and assigns
harmless from all liabilities, claims, damages, costs and expenses, including
reasonable attorneys' fees and expenses, relating to or arising from your
Domain Name, your use of a Domain Name or the PoolDomains.com services provided
hereunder.
When we are threatened with suit or sued by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your failure to
provide those assurances may be considered by us to be a material breach of
this Agreement. In addition, in the event we are made a party to any claim,
suit or action by you which is unsuccessful or by a third party in each case
relating to or arising from a Domain Name, your use of a Domain Name or the
PoolDomains.com services provided hereunder, you will reimburse us, at a reasonable
rate, for all personnel time and expenses expended by us in response to such
claim, suit or action including without limitation, all attorney fees and
expenses incurred by us with respect to such response.
In addition, you agree to indemnify and hold harmless the Registrar Partner and
its directors, officers, employees and agents from and against any and all
claims, damages, liabilities, costs and expenses (including reasonable legal
fees and expenses) arising out of or related to your Domain Name.
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We will not participate in any way in any dispute between you and any party
other than us regarding the registration and use of any Domain Name or our
services. You will not name us as a party or otherwise include us in any such
proceeding. In the event that we are named as a party in a proceeding, we
reserve the right to utilize any and all defenses available to us and to take
any further action that we deem necessary to defend ourselves
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You agree that your failure to abide by any provision of this Agreement, any
PoolDomains.com operating rule or policy, the ICANN UDRP or any dispute policy may be
considered by us to be a material breach of this Agreement and that we may, in
our sole discretion, elect to cancel the services without further notice to
you. We will not refund any fees paid by you prior to the termination of your
Agreement due to your breach. Any such breach by you will not be deemed to be
excused simply because we did not act earlier in response to that, or any other
breach, by you.
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You represent and warrant that: (i) the information that you or your agent on
your behalf provide to us is accurate and complete, and that any future changes
to this information will be provided to us in a timely manner; (ii) to the best
of your knowledge and belief neither the registration of your domain name nor
the manner in which you intend to use such domain name will directly or
indirectly infringe the legal rights of any third party; (iii) you have all
requisite power and authority to execute this Agreement and to perform your
obligations hereunder; (iv) you have selected the necessary security option(s)
for your registration record; and (v) you are of legal age to enter into this
Agreement.
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You release PoolDomains.com, our partners, contractors, agents, employees, officers,
directors, shareholders, affiliates and assigns from 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 our services. If you are a California resident, you waive
California Civil Code §1542, which says: "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."
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You agree that your use of our service(s) is solely at your own risk. You agree
that all of our services are provided on an "as is," and "as available" basis.
WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR
SERVICE(S) WILL MEET YOUR REQUIREMENTS, THAT WE WILL BE ABLE TO LIST, SELL,
PURCHASE OR TRANSFER ANY PARTICULAR DOMAIN ON YOUR BEHALF, OR THAT THE
SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY
TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR
WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
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We, in our sole discretion, reserve the right to refuse to auction your domain
name, accept a bid, transfer the domain name to a successful bidder or allow
you to use any other PoolDomains.com services. You agree that we will not be liable
for any damages that might result from our refusal to auction your domain name,
accept a bid or transfer the domain name or our refusal to allow you to use any
other PoolDomains.com services.
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You agree that the terms of this Agreement are severable. If any term or
provision is declared invalid or unenforceable, that term or provision will be
construed consistent with applicable law as nearly as possible to reflect the
original intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
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You agree that this Agreement, the rules and policies published by us, the
ICANN UDRP, the dispute policy and the privacy statement are the complete and
exclusive agreement between you and us regarding our services. This Agreement,
our rules and policies, the ICANN UDRP, the dispute policy and the privacy
statement supersede all prior agreements, representations and understandings,
whether established by custom, practice, policy or precedent.
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Your rights under this Agreement are not assignable. Any attempt by you to
assign your rights will render this Agreement voidable at our option. Any
attempt by your creditors to obtain an interest in your rights under this
Agreement, whether by attachment, garnishment or otherwise, will render this
Agreement voidable at our option.
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You agree that this Agreement and any disputes hereunder will be governed in
all respects by and construed in accordance with the laws of the Province of
Ontario, Canada, excluding its conflict of laws rules. You agree that any
action, suit or application will be brought and heard in Ottawa, Ontario,
Canada.
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Last Modified: October 4, 2004