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This User Agreement ("Agreement") is made and entered into by and between
WebFox Inc. (through its DOTPound.com division) and users of the
DOTPound.com website.
We may amend this Agreement at any time by posting the revised terms on our Website. You agree to review the current version of this Agreement each time you use the DOTPound.com website. The revised terms of the contract shall automatically be effective after they have been posted on our website. Other than by posting of such revised terms on our website, this agreement may not be amended or modified except in a written document signed by both parties. The Services of DOTPound.com? DOTPound.com, (referred to throughout this Agreement as "DOTPound.com", or "Our", or "Us", or "We"), provides a service that promotes the exchange of information on Domain Name Registrations through its Internet website located at http://www.DOTPound.com. DOTPound.com screens, reviews and may control the listings and the Domain Names that are being offered. We do not screen, review, or control any of the activities or statements of users of its services. DOTPound.com's sole involvement is to facilitate a smooth and orderly negotiation of Domain Name registrations. It is important that you exercise the degree of care that you would in any other commercial activity. DOTPound.com does not facilitate the exchange and transfer of the Domain Name and funds once the auction has ended or a price has been agreed upon. DOTPound.com recommends using the service from Escrow.com. Please go here to find more information about the Domain Name Escrow process: https://www.escrow.com/solutions/domain_name/index.asp PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE ACCESSING AND USING THIS WEBSITE. By accessing the DOTPound.com website or using information posted to the website, you accept the terms and conditions stated in this Agreement. If you do not accept the terms of this Agreement, you may not access this website or use the information contained in this website. If you have any questions about this User Agreement, or about accessing and using this website, please refer to our Frequently Asked Questions or feel free to contact us at support.com Eligibility: Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through this website. By completing the registration information, by opening an account with DOTPound.com, or otherwise participating in commercial activity conducted through the DOTPound.com website, you certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honor those obligations that you undertake. DOTPound.com reserves the right to refuse, limit or restrict its services for any reason at any time and in its sole discretion. NO Service Fees: Joining and registering for the negotiating of the domain name services provided by DOTPound.com is free. Currently the DOTPound.com website is free to use by the Seller and the Buyer for purposes of negotiating a price but, again the exchange and transfer of the domain name and funds are not part of the DOTPound.com service. You are responsible for applicable taxes, costs, hardware, software, services and all other costs and expenses you incur for the participation in the activity conducted over our website. We may, in our sole discretion, add, delete or change any of the services provided or fees charged by DOTPound.com. These will be binding on the date that they become effective, similar to any other revision that is made to this agreement. Verification: DOTPound.com's website is only a venue to facilitate the transfer and exchange of information pertaining to Domain Names that are available for transfer. Other than assisting in the facilitation of the commercial activity, we are not involved in, and are not a party to, the actual transaction between Buyer(s) and Seller(s). DOTPound.com has no control over the accuracy, quality or legality of advertised Domain Names, the truth or the accuracy of the listings, the right and the ability of the listed Seller to transfer the Domain Name or the ability of the Buyer to consummate a transaction. We cannot and do not control whether or not Seller(s) or Buyer(s) will complete a transaction. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretense or making deceitful representations, all of which are borne solely by the Buyer or Seller, as appropriate. DOTPound.com does not confirm that users who access its website are who they claim to be. We encourage you to exercise reasonable, safe business practices as you would in any other commercial activity. Transferability of Domain Name Service: Domain Names are the result of, and are subject to all of the conditions, limitations and restrictions contained in, Domain Name service agreements between the Seller and a third party Domain Name registrar or other service provider. As such, the transferability of Domain Name service may be limited, prohibited, or otherwise subject to conditions imposed by the Domain Name registrar or service provider. Nothing in this Agreement or appearing on the DOTPound.com website shall be construed to imply that the Seller possesses any rights to a Domain Name beyond those specified in the Seller's service agreement with the relevant Domain Name registrar or service provider. The term "Domain Name," as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular Domain Name under its Domain Name service agreement with a Domain Name registrar or other service provider. Bidding and Buying: DOTPound.com relies on the integrity of the users of its services to honor their commitments. If you make an offer to purchase the rights to a Domain Name, and your offer is accepted, you are obligated to complete the transaction. You cannot place an offer that is manipulative, such as placing an offer that you know you do not have at your disposal sufficient resources to cover. Listing and Selling: As a Seller of a Domain Name listed with DOTPound.com, you represent that: (1) you have registered the Domain Name with the appropriate Domain Name registrar or other registration authority; (2) your registration of the Domain Name is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain Name registrar or other registration authority; (3) you have not taken any action that would impair your ability or right to transfer the Domain Name registration and no such action has been taken against you; (4) the Domain Name is not the subject of any legal proceedings challenging your right to register or use the Domain Name; (5) you will accurately describe the subject listing. You will not describe, or link to, other items, goods, or services that you are not listing with DOTPound.com or that you do not otherwise have the right to provide such links or descriptions thereto. You will not under any circumstances list or transfer the rights to any Domain Name for which you do not have sufficient right to transfer or that it is illegal to transfer under applicable law, statute, ordinance or regulation; any Domain Name that infringes or violates the proprietary rights of any third person or any other Domain Name which in DOTPound.com's sole discretion, is inflammatory, offensive, inconsistent with DOTPound.com's general policies, or otherwise may infringe any proprietary right of any third party. If your offer to transfer the Domain Name is accepted, you must complete the transaction. If you receive any offer to purchase the rights to a Domain Name at or above your reserve price, then you are obligated to complete the transaction. You may not place any bids or offers to purchase the Domain Name that you have listed for sale, either under your own name, an alias, or any entity in which you maintain a controlling interest. Without limitation of any other remedy, DOTPound.com reserves the right to suspend, terminate and remove your listing at any time it may deem fit if it reasonably believes that you have engaged in any fraudulent activity in connection with your posting or otherwise with any activity conducted with the DOTPound.com Website, if DOTPound.com is of the opinion that you have breached any of your representations or any of its general policies and guidelines, such as if it is of the opinion that you are infringing upon the proprietary rights of any other party, or at such other time as DOTPound.com may deem fit. Non-interference: You will not yourself, or allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the DOTPound.com website, the services provided by DOTPound.com and any activity on the DOTPound.com website. You will not take any action which may impose an unreasonable or disproportionately large load on our computing infrastructure. You will not insert any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect the DOTPound.com computer systems. You are solely responsible for your password used to access the DOTPound.com website, and you will not disclose it to anyone else or share it with any third party or otherwise use it for any unauthorized purpose. DOTPound.com may, from time to time, in its sole discretion initiate feedback information. You agree to comply with other rules regarding DOTPound.com, which are posted at various pages throughout the DOTPound.com website. These rules have as binding an effect as this User Agreement and are incorporated into this Agreement by reference and may be subject to change by DOTPound.com without prior notice and in its sole discretion. Information and Privacy: Even though prohibited by this Agreement and by DOTPound.com's general policies, people may provide information that is false, harmful, or deceptive. DOTPound.com has a Privacy Policy that covers its use of your information http://www.DOTPound.com/privacy.shtml, which is incorporated herein by reference and the terms of which you acknowledge that you have read and accept and agree to abide by such terms. This policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made. You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through the DOTPound.com website and the services provided therein. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the DOTPound.com Privacy Policy and to further the goals contemplated by this Agreement. Use of the Domain Name: You agree that you will not register, use, display, or exploit the Domain Name in contravention or violation of the laws of any jurisdiction where the Domain Name is accessible, or for any unlawful purpose, including, but not limited to, child pornography, child entrapment or abuse, advocacy of hatred, bigotry, or violence towards persons or groups on the basis of their religion, race, ethnicity, sexual orientation, or other immutable characteristics, theft of e-mail service, or as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk e-mail. You will register, use, display, and exploit the Domain Name in good faith, and in accordance with international, federal, and state laws and regulations. You will not use the Domain Name to infringe upon or dilute the trademark, intellectual property, or other rights of any third party. In the event you use the Domain Name other than as set forth above, DOTPound.com shall have the right to cancel, suspend, transfer, or modify your registration of the Domain Name immediately without prior notice. Breach and Termination: You agree that DOTPound.com may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by DOTPound.com under this Agreement and through the DOTPound.com website immediately and without any notice. Without limiting the foregoing, DOTPound.com may terminate this Agreement if DOTPound.com determines in its sole discretion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other DOTPound.com policies; or if DOTPound.com determines in its sole discretion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided DOTPound.com is found in DOTPound.com' sole discretion to be false or that we have been unable to authenticate or verify the veracity of such information. Warranty: YOU AGREE THAT USE OF DOTPOUND.COM'S SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. DOTPOUND.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOTPOUND.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES DOTPOUND.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE DOTPOUND.COM WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE DOTPOUND.COM WEBSITE OR ANY SERVICES OBTAINED THROUGH THE SERVICES PROVIDED BY DOTPOUND.COM IS DONE AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM DOTPOUND.COM OR THROUGH THE SERVICES PROVIDED BY DOTPOUND.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN. Limitation of Liability: In the event that you have a dispute with any other user, including with another party to the transaction, facilitated through the DOTPound.com website, you agree to release DOTPound.com, and its agents, officers, directors and employees from any and all claims, demands and damages (actual or consequential) of every kind and nature, disclosed or undisclosed, arising out of or in connection with any such dispute ("Claim or Demand"). You agree to indemnify and hold DOTPound.com (including, its officers, directors, employees, agents and representatives) harmless from any such Claim or Demand, including, without limitation, any claim or demand that may arise from or in connection with, your failure to abide by the terms and conditions of this Agreement. If you are a California resident, you agree to waive California Civil Code Section 1542, which states in part that: "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 might have materially affected his settlement with the debtor." DOTPound.com does not, and you agree that you will not ask it to, enforce the terms of any agreement to which it is not a party. IN NO EVENT SHALL DOTPOUND.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY DOTPOUND.COM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR ARISING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY DOTPOUND.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DOTPOUND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DOTPOUND.COM'S LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT EXCEED THE LESSER OF EITHER THE AMOUNT OF FEES YOU SHALL PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITIES OR $0. General Provisions: You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the DOTPound.com website, the services provided therein, and the participation in any active commercial activity conducted in or through the DOTPound.com website. Other than as expressly stated in this Agreement, there is no agency, partnership, joint venture, employer, employee, franchiser or other legal relationship between DOTPound.com and yourself. Unless explicitly stated otherwise, any notices shall be given by e-mail (support.com) to the e-mail address you provided to DOTPound.com during the registration process. Alternatively, we may give you notice by certified mail, postage prepaid, to the address provided to us during the registration process. You may not assign, transfer, resell or sublicense your rights or obligations under the terms and conditions of this Agreement. This Agreement, its terms and conditions, and the relationship between you and DOTPound.com shall be governed in all respects by the laws of California. The parties agree that all legal disputes will be resolved in Riverside County, CA. and shall have sole and exclusive jurisdiction to resolve any and all disputes arising from or in connection with this agreement, and the parties hereby agree that personal jurisdiction and venue is proper therein. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or unenforceability, and the remainder thereof, as well as the remaining provisions of this Agreement shall be fully enforced. The failure of DOTPound.com to act with respect to a breach by you or others does not waive our right to act with respect to subsequent similar, or the same, breach. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and may not be amended other than as provided for in this Agreement. You agree that regardless of any statute or law to the contrary, any contract arising out of or related to use of the services provided by DOTPound.com or otherwise arising out of or related to the terms and conditions of this Agreement, must be filed within one (1) year after such claim or cause of action first arose or shall be forever barred. The DOTPound.com website may contain links to and from other websites on the Internet that are owned and operated by other parties. You agree and acknowledge that DOTPound.com is not responsible for the availability of, or the content located on or obtained through any such other Internet websites. If you have any concerns regarding such links or the content located on such other websites, you should contact the Webmaster or site administrator for those respective websites. DOTPound.com does not verify the accuracy of the information and content provided for in such third-party websites, and providing such information or links cannot and should not be construed as support, backing, or other endorsement by DOTPound.com of such site and/or information. DOTPound.com's trade name, logo, trademark, software, databases, reports, website and information are proprietary, and DOTPound.com retains all rights, title and interest therein. By becoming a member or subscriber to the services provided by DOTPound.com, Inc., you do not acquire any rights or licenses over such or over DOTPound.com's assets, rights or licenses, other than as what is explicitly granted to you under this paragraph. You may not use the information contained in, or through the services provided by, the DOTPound.com website other than for the explicit purposes contemplated by this User Agreement. You may not transfer, or otherwise provide access to, such information to any unauthorized third party, and you may not use such information other than for the specific purposes described in this Agreement. Thank you for your support of DOTPound.com and the services provided through this website. By completing the registration information or otherwise accessing the DOTPound.com website and using the information contained in this website, you agree to the terms of this Agreement. We welcome you to the DOTPound.com website, and enjoy our services. |
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