General Terms & Conditions
In this Service Agreement ("Agreement"),"Customer," User, "you" and "your" refer
to each customer or user and PoolDomains.com, "we," "us" and "our" 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.
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.
For all PoolDomains.com services provide, the Terms and Conditions as described in this
section (GENERAL TERMS & CONDITIONS) will apply.
Back to Top
PoolDomains.com offers domain backorders, pre-orders, alerts and other services to its
customers. After you have successfully backordered a domain through PoolDomains.com, we
will attempt to secure that backordered domain if it subsequently becomes available
for public registration. There is no initial fee for placing a backorder and you
will only be charged if PoolDomains.com is successful in securing such domain on your behalf
and, if applicable, you are successful in winning the auction with respect to the
domain. Current fees for successful backorder registrations and other services,
if applicable, are stated in our FAQs.
Successful domain registrations may end up at any of our registrar partners. In
order to maximize the chance of registration success, we leverage a network of third
party registrars. The backordered domain may therefore be registered through any
one of these partner registrars, and we therefore do not guarantee that the registration
will occur at any particular registrar. Subject to registry and/or registrar requirements
(usually a 60 day wait period), you may subsequently transfer any backordered domain
to a registrar of your choice. You must carefully review the terms and conditions
of the registrar that successfully acquired the domain, and such terms and conditions
are incorporated herein by reference.
Successful backorders will be registered at the registry for a one-year term or
such longer minimum term as required by the registry. Registration fees for such
initial registration term are included in your PoolDomains.com fee.
In accordance with the ICANN Inter-Registrar Transfer Policy, you agree that PoolDomains.com
may act as the gaining registrant's designated agent. PoolDomains.com as the designated agent
will act on your behalf to place successfully backordered domains into your account.
You agree that the information that you have provided to PoolDomains.com will be used as the
WHOIS domain contact information on the domain at the time at which it is awarded to you.
PoolDomains.com will use its commercially reasonable efforts to register a backordered
domain on your behalf through one of our registrar partners. However, we do not
guarantee the successful acquisition or registration of any domain.
Furthermore, we do not guarantee that, if a particular registrar successfully registers
a backordered domain, such registration will be made on your behalf (even if such
registrar is a current or past partner of PoolDomains.com). In the event that PoolDomains.com
is successful in acquiring a backordered domain, PoolDomains.com will conduct an auction
and the domain will be registered on behalf of the highest bidder in such auction.
Please see Section 3 below for more information on auctions.
Due to the high costs incurred by PoolDomains.com and its partners in searching for and
obtaining domains, we are unable to make a refund following a successful registration
on your behalf. You may cancel a backorder for a particular domain at any time prior
to its successful registration on your behalf except between 1:45 p.m. EST and 4:00
p.m. EST on the day the domain is set to delete by logging into PoolDomains.com and removing
such domain from your list of backordered domains.
PoolDomains.com also offers alerts and other services and information that may assist you
in identifying the current status of domains that you may wish to backorder. Such
services and information are provided on an as-is basis from third parties, and
PoolDomains.com does not represent or warrant to the truth or accuracy of such information.
Prior to placing a backorder for a particular domain, you should independently confirm
all such information by performing WHOIS searches that can be found on the websites
of ICANN accredited registrars.
Unless otherwise specified by you, PoolDomains.com will point all backordered domain names
to a parked or coming soon web page that informs visitors that the domain has recently
been registered via the PoolDomains.com service and which may include promotional or other
information (including without limitation hyperlinks) as determined by PoolDomains.com
and our partners in our sole discretion. You agree that any and all revenue generated
from such a parked or coming soon web page enures to the benefit of PoolDomains.com. You
may modify the nameserver information and discontinue use of the coming soon page
for any particular domain at any time, with or without notice to us, by logging
into your registrar account and making such changes.
Back to Top
New generic top level domains (gTLDs) are coming. ICANN will be accepting proposals
from interested parties to establish new gTLDs. There is no guarantee that any of
these applications will be approved. However, in the event a new gTLD application
is approved, PoolDomains.com intends to provide a domain acquisition service for these
new gTLDs.
In support of this domain acquisition service, PoolDomains.com is accepting pre-orders
for domains in all proposed new gTLDs. There is no initial fee for placing a pre-order.
A pre-order is similar to a backorder in that it represents a commitment to purchase
the domain in the event PoolDomains.com is successful at securing the domain on your behalf.
In the event the gTLD in question is approved by ICANN and the gTLD is launched,
your pre-order will be registered with PoolDomains.com as a backorder. At such time, PoolDomains.com
may request additional information from you to complete your account profile for
both whois and billing purposes.
Back to Top
In the event that PoolDomains.com is successful in acquiring a backordered domain, PoolDomains.com
will conduct an auction and the domain will be registered on behalf of the highest
bidder in such auction. The auction may be opened by PoolDomains.com at a reserve bid level,
which where no bidder bids in excess thereof, the domain may be retained by PoolDomains.com,
deleted or otherwise disposed of by PoolDomains.com as PoolDomains.com sees fit in its sole discretion.
If you choose to bid for a particular domain and you are the highest bidder at the
end of an auction, you are obligated to complete the transaction and pay to PoolDomains.com
the amount of your winning bid. Other terms and conditions applicable to auctions
are set forth on the website, located at
www.PoolDomains.com. Carefully consider your bids prior to placing them - Bids
are not retractable under any circumstances.
If no bids are placed on a particular domain, PoolDomains.com will register the domain
on behalf of the first PoolDomains.com customer to place a backorder for such domain, and
that customer will be charged our regular service fee.
Following the successful completion of an auction for a particular domain, PoolDomains.com
will notify the winner. If you are the winning bidder on an auction, PoolDomains.com will
attempt to collect payment. Should this fail, you will have 24 hours to complete
successful payment of your bid amount to PoolDomains.com. This time period is required
due to time constraints placed on PoolDomains.com and its partners by the domain registries.
In the event full payment is not received within 24 hours by the winning bidder,
PoolDomains.com may, in addition to any other remedies it may have available to it, immediately
notify the second highest bidder (and subsequently the third highest bidder, etc.)
that they have won the auction, and charge such bidder their highest bid amount.
Such winning bidder will then have up to 24 hours to complete full payment of their
bid.
Back to Top
When you place a backorder or order a dot-eu domain with us, we provide you with
a password that can be used to modify your backorder information. 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.
Back to Top
As consideration for the services you have selected, you agree to pay PoolDomains.com the
applicable service(s) fees set forth on our website at the time of your selection.
You agree to keep your credit card information accurate and current with PoolDomains.com
at all times. You agree that PoolDomains.com reserves the right to increase its fees and
you agree to be bound by any fee increase. All fees are due immediately upon a successful
backorder registration 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.
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 as the
paying entity for the registration; (ii) delete the backordered domain; and (iii)
suspend or terminate your account and any or all backordered domains. PoolDomains.com reserves
the right to charge an administration fee (as specified in the FAQs located at www.PoolDomains.com)
to cover our time and expense associated with the recovery of payment in the event
of non-payment, reversal of payment, or a charge back by a credit card company or
other payment provider.
Back to Top
Unless otherwise specified, each PoolDomains.com service, including backorders, is for
a one-year initial term and will renew automatically thereafter for successive one-year
terms unless either party elects to terminate such backorder or other service (which
you can do at any time by logging into your PoolDomains.com account and indicating your
election to terminate such backorder or other service). Any renewal of your services
with us is subject to our then current terms and conditions and payment of all applicable
service fees at the time of renewal.
Back to Top
In order for PoolDomains.com to successfully register a backordered or dot-eu ordered domain
through one of our partners on your behalf, you must supply us with complete, accurate
and current required registration information. As further consideration for the
PoolDomains.com service(s), you agree to: (i) provide certain current, complete and accurate
information about you as required by the domain name application process; (ii) maintain
and update this information as needed to keep it current, complete and accurate;
and (iii) respond within fifteen (15) calendar days to any request by us to update
or confirm the accuracy of your information. We rely on this information to carry
out our services for you and comply with the requirements of the registries of domain
names and to send you important information and notices regarding your account and
our services. 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 successfully register a backordered or dot-eu ordered domain on your behalf and
we may, in our sole discretion, elect to cancel the services without further notice
to you.
You acknowledge that our registrar partners are required to make this information
publicly available on a WHOIS database as expressed in such registrars' service
agreements, and you consent to such disclosure. In addition, 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 backorders and other PoolDomains.com services you may
be using, and collect payment for service 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.
Back to Top
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.
Back to Top
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 nonrefundable, 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.
Back to Top
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.
Back to Top
You agree that you will only use our services for lawful purposes. We have no responsibility
to monitor your use of domains we register on your behalf; however, we reserve the
right to terminate your account if a backordered or dot-eu ordered 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, cyber-squatting laws, or any material judged to be threatening or obscene.
Back to Top
If we successfully register a backordered domain on your behalf through one of our
partners, you agree to be bound by ICANN's Uniform Domain-Name Dispute-Resolution
Policy (the "ICANN UDRP") that is incorporated herein and made a part of this Agreement
by reference. The current version of the ICANN UDRP may be found at ICANN's Web
site: www.icann.org. Please
take the time to familiarize yourself with that policy.
If we successfully register a dot-eu domain on your behalf through one of our partners,
you agree to be bound by EURid's dispute resolution policies (including any sunrise
dispute resolution policies) that are incorporated herein and made a part of this
Agreement by reference. The current version of EURid's dispute resolution policies
may be found at EURid's website located at
www.eurid.eu. Please take the time to familiarize yourself with those policies.
In addition, you agree that, if your use of any domain name registered on your behalf
by PoolDomains.com is challenged by a third party, you will be subject to the provisions
specified in the dispute policy of the registering registrar in effect at the time
of the dispute. In addition to such dispute policy, you will indemnify and hold
PoolDomains.com harmless pursuant to the terms and conditions set forth in this Agreement.
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 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.
Back to Top
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, including the ICANN UDRP
and the dispute policy, whether your agent was authorized by you or not. You certify
that your agent is authorized to apply for our services on your behalf, that he
or she is authorized to bind you to the terms and conditions of this Agreement and
that he or she has apprised you of the terms and conditions of this Agreement. In
addition, 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.
Back to Top
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.
Back to Top
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 register
a backordered, dot-EU or dot-MOBI domain name on your behalf; (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; (xi) the
application of the ICANN UDRP or the Dispute Policy; or (xii) any other dispute
policy applicable to your domain. 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).
Back to Top
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 registration or
use of your 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 your domain name registration
or use of your 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 applicable registry operator
and its directory, 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 registration.
Back to Top
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.
Back to Top
You agree that, the registration of your chosen domain name does not confer immunity
from objection to either the registration or use of your domain name.
Back to Top
You represent and warrant that: (i) the information that you or your agent on your
behalf provide to us during the application process to register your domain name
or to apply for other PoolDomains.com service(s) 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.
Back to Top
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."
Back to Top
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 REGISTER 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.
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.
Back to Top
We, in our sole discretion, reserve the right to refuse to register your backordered,
dot-EU or dot-MOBI ordered domain name on your behalf or register you for other
PoolDomains.com service(s). You agree that we will not be liable to you for loss or damages
that may result from our refusal to register your domain name or our refusal to
register you for other PoolDomains.com service(s).
Back to Top
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.
Back to Top
You agree that this Agreement, the rules and policies published by us, the ICANN
UDRP, the EURid dispute policy, 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 EURid dispute policy,
the dispute policy and the privacy statement supersede all prior agreements, representations
and understandings, whether established by custom, practice, policy or precedent.
Back to Top
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.
Back to Top
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 and we each submit to exclusive
subject matter jurisdiction, personal jurisdiction and venue of the courts of that
Province. You agree that any action, suit or application will be brought and heard
in Ottawa, Canada.
Back to Top
By applying for the service(s) of a PoolDomains.com or an affiliate through our online
application process or by backordering a domain name using the service(s) provided
by PoolDomains.com or its affiliates under this Agreement, you acknowledge that you have
read and agree to be bound by all terms and conditions of this Agreement, the ICANN
UDRP, the EURid dispute policy, the dispute policy and any pertinent rules or policies
that are or may be published by PoolDomains.com, ICANN or EURid.
Back to Top
TOP LEVEL DOMAIN SPECIFIC TERMS & CONDITIONS
1. .CO ORDERS
To participate in a .CO auction, you must have a user account using the email address
of the Registrant that will be used in the domain registration. Your user account
is established on the Auction Manager’s website and you will receive your login
credential by email.
Any auction in which you are the successful winner, you will be obligated to remit
full payment for the domain. Your Participant credentials (the userid and password)
provided to you for your PoolDomains.com .CO auction should be kept in full confidence
as any bids submitted under this login will be your responsibility. You will only
be charged auction fees for those domains you have successfully won at auction.
PoolDomains.com does not provide registration services. All fees related to .Co domain
registrations (if any) will be charged to you by the Registrar through which you
submitted your application.
Upon successful completion of payment of auction fees, PoolDomains.com will notify you
directly through the email provided with your account that your domain registration
has been confirmed with the registry using the whois data provided when you created
your account. It is your responsibility to ensure this email address is current.
PoolDomains.com has no role to play in the actual registration of your domain. This process
happens external to and independent of PoolDomains.com and may be changed by the registry
administrator at any time. Once you receive confirmation of registration from PoolDomains.com,
please contact your registrar for further domain management.
The payment methods for specific thresholds are as follow:
- For amounts less than 1,000 USD the credit card specified on the account will be
automatically billed.
- For amounts 1,000 USD to 2,500 USD a billing authorization will be required.
- For amounts greater than 2,500 USD a wire transfer will be required. The payee is
responsible for any and all bank fees. You will want to pay special attention when
submitting a wire payment to ensure that the full amount is sent to PoolDomains.com meaning
your bank is deducting their fees from you not from the payment to PoolDomains.com.
Note: PoolDomains.com operates on a cumulative daily billing cycle so the payment method
will depend on the amount due on that day and therefore will change as additional
auctions close.
The Registry has the right to cancel the winning bidder’s registration and transfer
the name back to the Registry in the event that payment is not received or in the
event of a charge back.
For the purposes of this Section 1 of the Top Level Domain Specific Terms & Conditions,
where in the General Terms and Conditions "www.PoolDomains.com" is referenced, it reads
"www.PoolDomains.com and www.coauctions.co"
Back to Top
.CO Terms and Conditions - AUCTION PARTICIPATION AGREEMENT
This Auction Participation Agreement (the "Agreement") sets forth the terms and
conditions that govern participation by Applicants in one or more auctions of domain
names within the .CO top level domain (the "TLD") conducted by .CO Internet S.A.S.,
administrator for the TLD ("Administrator"). ANY PERSON OR ENTITY THAT USES THE
.CO AUCTION WEBSITE (A "USER") AND/OR PARTICIPATES IN ANY SUCH AUCTION (EACH, A
".CO AUCTION") SHALL BE DEEMED TO HAVE ENTERED INTO AND AGREED TO BE BOUND BY (AS
OF THE DATE OF SUCH USE OR PARTICIPATION, THE "EFFECTIVE DATE"): (A) THIS AGREEMENT
WITH ADMINISTRATOR, (B) THE AUCTION MANAGER’S GENERAL TERMS AND CONDITIONS WHICH
GOVERN USE OF THE AUCTION MANAGER’S SERVICES AND AUCTION PLATFORM (THE "AUCTION
MANAGER GENERAL TERMS"), AND (C) THE AUCTION MANAGER’S PRIVACY POLICY WHICH SETS
FORTH SUCH PERSON’S OR ENTITY’S RIGHTS AND RESPONSIBILITIES REGARDING HIS/HER/ITS
PERSONAL INFORMATION (THE "PRIVACY POLICY", AND COLLECTIVELY WITH THE AUCTION MANAGER
GENERAL TERMS, THE "AUCTION MANAGER TERMS"). The terms "you" and "your" refer to
the User or Applicant, as the case may be, and the terms "we", "us", and "our" refer
to Administrator. Notwithstanding anything in the Auction Manager Terms to the contrary,
the terms and conditions contained in this Agreement shall govern all aspects of
the .CO Auctions, including, without limitation, your participation therein and
any .CO domain names awarded in connection therewith. In the event of a conflict
between this Agreement and the Auction Manager Terms, this Agreement shall govern.
The following terms used throughout this Agreement (including in the preamble above) shall have the following meanings:
- 1.1".CO Auction Website" means an Internet website operated by Auction Manager
on behalf of Administrator through which Participants may participate in a .CO Auction.
- 1.2".CO Domain" means a second level domain name in the .CO TLD for which
the initial registration fee will be determined by a public .CO Auction.
- 1.3 "Applicant" means a person or legal entity who participates for a second
level domain name in the .CO TLD.
- 1.4 "Auction Manager" means PoolDomains.com, Inc.
- 1.5 "Auction Platform" means the Auction Manager’s technology environment
in which the .CO Auctions are run.
- 1.6 "Participant" means an Applicant who registers to participate in a .CO
Auction.
2. AUCTION FORMAT AND RULES
There is a US$10 minimum bid for all .CO Auctions. If no Participant bids the minimum
amount, Administrator may, in its sole discretion, cancel the .CO Auction and make
the relevant .CO Domain available to Participants, other interested parties and/or
the general public. The means and timeframe for such purpose shall be duly informed
by Administrator through its web site following cancelation of the .CO Auction.
Back to Top
3. PAYMENT
Following the successful completion of a .CO Auction for a particular .CO Domain,
the Auction Manager will notify the winning Participant that they have won the .CO
Auction. Administrator will provide such Participant the corresponding domain name
invoice. If you are the winning bidder for any .CO Auction, you agree to remit payment
in the amount of the winning bid to the Auction Manager (as agent for the Administrator)
within 7 calendar days of such notice pursuant to payment instructions provided
by the Auction Manager. Acceptable forms of payment are set forth in the Auction
Manager Terms and depend on the amount due. All Participants must carefully consider
their bids prior to placing them as once a bid is placed, it may not be modified
or rescinded under any circumstances.
In the event the Auction Manager does not receive full payment from the winning
bidder within such 7 day period, or in the event of a reversal of payment or a charge
back by a credit card company or other payment provider, Administrator may, in addition
to any other remedies it may have available to it, at any time in its sole discretion
terminate such Participant’s eligibility to participate in any other .CO Auction,
void one or more of such Participant’s bids in any .CO Auction (including any or
all winning bids), and/or notify the next highest bidding Participant for any relevant
.CO Auction(s) that such Participant has won the .CO Auction, after which such Participant
shall have up to 7 calendar days to complete full payment. Administrator may repeat
this process as many times as Administrator deems appropriate until a winning bidder
makes full payment or may at any time cancel the .CO Auction and make the relevant
.CO Domain available to Participants, other interested parties and/or the general
public via any means and at any time Administrator deems appropriate. Administrator
reserves the right to charge a reasonable administration fee to cover its time and
expense (and/or the time and expense of the Auction Manager) associated with the
recovery of payment in the event of non-payment, reversal of payment, or a charge
back by a credit card company or other payment provider. You only will be charged
.CO Auction fees for those .CO Domains you have successfully won at .CO Auction.
Neither the Auction Manager nor Administrator provides registration services. Upon
verification of payment of any auction fees, you shall receive the auth-code for
the .CO domain to send to your registrar of choice to register the domain. All fees
related to .CO Domain registrations (if any) will be charged to you by the Registrar.
Back to Top
4. SECURITY
Applicants who are eligible to participate in a .CO Auction will receive notification
of eligibility along with login credentials so they may create a .CO Auction account.
It is each such Applicant’s responsibility to safeguard such Applicant’s login information
for the .CO Auction platform website. All such Applicants accept full responsibility
for any bids made, canceled or modified and for any modifications made to their
account, using their login credentials. As a security measure to prevent fraud,
a valid credit card will be required upon account setup that will be used by the
Auction Manager to verify the Applicant’s identity as a valid bidder. To this end,
a pre-authorization charge of US$60 will be applied against the credit card account.
A pre-authorization validates a credit card and reserves a specified amount of available
credit. It is not a charge, although it may appear on an online statement. This
reservation of credit is usually in effect 48 to 72 hours, and will expire automatically.
You agree to keep any credit card information you provide to the Auction Manager
accurate and current at all times. Administrator reserves the right to immediately
suspend and/or declare null and void any .CO Auction in which fraudulent activity
is suspected and to determine the best course of action thereafter, which may include,
but is not limited to, rescinding the relevant .CO Domain, rescheduling the .CO
Auction, and/or pursuing further investigation and prosecution.
Back to Top
5. ACCURATE INFORMATION
Participants shall ensure that all information in their Applications and all Auction
account information (including without limitation name, credit card information
and email address) is at all times current, complete, and accurate. Any failure
to do so, including a failure to respond to requests by Administrator and/or the
Auction Manager, is a material breach of this Agreement and may result in such Participant
being declared ineligible to participate in .CO Auctions.
Back to Top
6. MODIFICATIONS TO AGREEMENT
Except as otherwise provided in this Agreement, you agree, during the term of this
Agreement, that Administrator may revise this Agreement, and/or the specific format
of the .CO Auctions and other applicable rules, terms and conditions relating to
the .CO Auctions at any time. Any such revisions will be binding and effective seven
(7) calendar days after the revisions are posted on the .CO Auction Website . You
agree to periodically review the .CO Auction Website to be aware of any such revisions.
If you do not agree with any revision, you may cease participation in the .CO Auctions
and use of the .CO Auction Website (though you will remain responsible for any fees
or charges incurred prior to such date). By continuing to use the .CO Auction Website
and/or participate in any .CO Auction seven (7) calendar days after any revisions
are posted on the .CO Auction Website, in the Launch and Registration Rules, and/or
in the Auction Guide, you agree to abide by and be bound by all such revisions.
Administrator is not bound by and you may not rely on any representation concerning
this Agreement or the .CO Auctions made by: (i) any agent, representative or employee
of any third party; or (ii) information posted on the .CO Auction Website or any
other website operated by or on behalf of Administrator of a general informational
nature. No employee, contractor, vendor, agent or representative of Administrator
(including the Auction Manager) is authorized to alter or amend this Agreement.
Back to Top
7. PROHIBITED CONDUCT
You agree that you will only use the Website and participate in the .CO Auctions
for lawful purposes and in compliance with all applicable laws, rules, regulations,
ordinances and decrees, as well as all of Administrator’s rules, policies and procedures
relating to the .CO Auctions and/or to the .CO TLD in general (including those found
at Administrator’s website located at www.cointernet.co).
Back to Top
8. DISPUTE POLICY
Administrator will not participate in any way in any dispute between you and any
party other than Administrator regarding the registration and use of any .CO Domain
and/or participation in any .CO Auction. You agree not to name Administrator as
a party or otherwise include Administrator in any such proceeding. In the event
that Administrator is named as a party in a proceeding, Administrator reserves the
right to utilize any and all defenses available to it and to take any further action
that Administrator deems necessary to defend itself.
Back to Top
9. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, neither Administrator nor the
Auction Manager nor their parents, subsidiaries or affiliates (nor their respective
owners, managers, directors, officers, employees, agents, partners, contractors,
attorneys or representatives) will be liable for any direct, indirect, incidental,
consequential, special, exemplary or punitive damages arising out of or relating
in any way to this Agreement, any domain name registration, any .CO Auction, your
participation or inability to participate therein, and/or your use of or inability
to use the Website for any reason whatsoever including, but not limited to the following
(collectively, "Released Claims"): (i) any failure or inability to register a domain
name in the .CO TLD; (ii) access delays or interruptions; (iii) data non-delivery
or data mis-delivery; (iv) force majeure events such as civil disorder, war or military
operations, national or local emergency, acts or omissions of government or other
competent authority, compliance with any statutory obligation or executive order,
industrial disputes of any kind, fire, lightening, explosion, flood, subsidence,
weather of exceptional severity and other acts of God; (v) the unauthorized use
or misuse of your account and/or the login credentials associated therewith; (vi)
errors, omissions, or misstatements in any and all information or service(s) provided
under this Agreement or in connection with any .CO Auction; (vii) the deletion of
or failure to store data of any kind; (viii) the development or interruption of
your website(s); (ix) Administrator’s processing of or failure to process any application
for a .CO Domain and/or of any modification to your account; and (x) the application
and/or results of Administrator’s dispute resolution policies. You agree that Administrator’s
entire liability, and your exclusive remedy, with respect to any loss or claim arising
out of or relating to any Released Claim is limited solely to the amount actually
paid by you to Administrator in connection therewith.
Back to Top
10. INDEMNITY
You agree to defend, indemnify, and hold Administrator and the Auction Manager,
their parents, subsidiaries and affiliates, and all of their respective owners,
managers, directors, officers, employees, partners, contractors, agents, and attorneys
(each, an "Indemnified Party") harmless from and against all liabilities, claims,
damages, costs and expenses, including reasonable attorneys' fees and expenses and
the cost of internal personnel time (at reasonable rates) incurred or suffered by
any Indemnified Party, relating to or arising from your breach of this Agreement,
your application during Pre-Registration, your registration and/or use of any .CO
Domain, your use of the Website, and/or your participation in any .CO Auction. If
any Indemnified Party is threatened with suit or sued by a third party, Administrator
may seek written assurances from you concerning your promise to indemnify such Indemnified
Party. Any failure to provide those assurances may be considered by Administrator
to be a material breach of this Agreement.
Back to Top
11. BREACH
You agree that your failure to abide by any provision of this Agreement, any operating
rule or policy of the Auction Manager, or any other policy, rule or procedure of
Administrator relating to the .CO TLD in general may be considered by Administrator
to be a material breach of this Agreement. In the event of any such failure, Administrator
may, in its sole discretion and without prior notice to you, terminate your ability
to use the .CO Auction Website and/or participate in one, some or all of the .CO
Auctions. Neither the Auction Manager nor Administrator will refund any fees or
other amounts paid by you prior to the termination of this Agreement due to your
breach. Any such breach by you will not be deemed to be excused simply because Administrator
and/or the Auction Manager did not act earlier in response to that, or any other
breach, by you.
Back to Top
12. NO GUARANTY
You agree that neither winning a .CO Auction nor registering a .CO Domain confers
upon you any immunity from objection to either the registration or use of such .CO
Domain.
Back to Top
13. REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (i) all information that you or your agent on your
behalf provide to Administrator and/or to the Auction Manager in connection with
this Agreement, any .CO Auction, and/or any application for a .CO Domain is, accurate
and complete, and that any future changes to this information will be provided to
Administrator and the Auction Manager in a timely manner; (ii) to the best of your
knowledge and belief neither the registration of any .CO Domain that is the subject
of a .CO Auction in which you participate, nor the manner in which you intend to
use such .CO Domain will directly or indirectly infringe the legal rights of any
third party; (iii) you have all requisite power and authority to bind yourself to
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.
Back to Top
14. DISCLAIMER
You agree that your use of the .CO Auction Website and/or your participation in
any .CO Auction is solely at your own risk. You agree that the Website and all services
relating to the .CO Auctions are provided on an "as is," and "as available" basis.
ADMINISTRATOR AND AUCTION MANAGER 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. NEITHER ADMINISTRATOR NOR AUCTION MANAGER
MAKE ANY WARRANTY OR REPRESENTATION THAT THE .CO AUCTION WEBSITE, THE .CO AUCTIONS
AND/OR ANY SERVICES PROVIDED BY ADMINISTRATOR OR AUCTION MANAGER RELATED THERETO
WILL MEET YOUR REQUIREMENTS, THAT EITHER ADMINISTRATOR OR AUCTION MANAGER WILL BE
ABLE TO REGISTER ANY PARTICULAR .CO DOMAIN ON YOUR BEHALF, OR THAT ANY OF THE FOREGOING
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO ADMINISTRATOR OR AUCTION
MANAGER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
.CO AUCTION WEBSITE, PARTICIPATION IN ANY .CO AUCTION, AND/OR USE OF ANY RELATED
SERVICE(S). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE .CO AUCTION WEBSITE OR OTHERWISE IN CONNECTION
WITH ANY .CO AUCTION 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. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM ADMINISTRATOR OR AUCTION MANAGER 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.
Back to Top
15. ENTIRE AGREEMENT
You agree that this Agreement, the Privacy Policy, and the other rules, policies
and procedures referenced herein are the complete and exclusive agreement between
you, Administrator and the Auction Manager regarding the .CO Auction Website and
the .CO Auctions and supersede all prior agreements, representations and understandings,
oral, written or electronic, and whether established by custom, practice, policy
or precedent.
Back to Top
16. GOVERNING LAW; VENUE; EXPIRATION OF CLAIMS
You agree that this Agreement and any disputes, claims or controversies hereunder
and/or otherwise arising out of or relating to the .CO Auction Website and/or any
.CO Auction (other than disputes between you and Auction Manager) shall be governed
by and construed in accordance with the laws of the Republic of Colombia without
reference to the conflict of laws principles of such jurisdiction. You further agree
that any such disputes, claims or controversies shall be brought and heard exclusively
(a) for claims against Administrator, in the courts located in Bogotá, Colombia,
and (b) for claims against Auction Manager, in the courts specified in the Auction
Manager Terms. You hereby irrevocably submit to the personal and subject matter
jurisdiction of such courts, waive any claim that such courts represent an inconvenient
or otherwise inappropriate venue or forum, and waive any right to join actions against
or name as co-defendants in the same action Administrator and the Auction Manager
to the extent the same would violate the preceding venue requirements.
Back to Top
Last Modified October 21, 2011