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Terms & Conditions PDF Print E-mail

FOLLOWING ARE THE TERMS ON WHICH DOMAIN4BIDDING.COM (D4B) OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES.

1. ACCEPTANCE OF TERMS

D4B welcomes you. D4B provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at this URL address. You must read, agree with and accept all of the terms and conditions contained in this TOS and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site or the Services or become a registered user of the Site.
IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.

2. ELIGIBLE USERS

Use of the Site and Services is restricted to persons who are at least 18 years old. If you are registering as a business entity, you represent that you have the authority to bind the entity to this TOS. If you are not yet 18 or do not have the capacity to enter into contracts, you do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email D4B at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to make arrangements, although no such access can be guaranteed.

3. ACCEPTABLE USE

3.1. User Accounts

You are allowed to create only one user account with D4B. Your right to use the Site is personal to you.

As a condition of your use of the Site, you warrant to D4B that you will not use the Site for any purpose that is unlawful or prohibited by this TOS. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by D4B); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.

In addition, you hereby represent and warrant that:
   (a) you are an eligible user (see Section 2, Eligible Users)
   (b) you have provided accurate and complete information in connection with your registration and use of the Site (all such information collectively referred to as "Your Information")
   (c) you will update D4B to ensure that Your Information remains accurate and complete

3.2. Use of the Site and Services

You may not use the Site or the Services provided through or in connection with the Site to:
   (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
   (b) conduct or forward illegal contests, pyramid schemes, or chain letters
   (c) publish, post, distribute, disseminate or link to any:
       (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information
       (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials
       (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or program(s))
   (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that:
       (i) you cannot legally sell
       (ii) are misrepresented, and/or
       (iii) if sold, would cause D4B to violate any law, statute or regulation
   (e) harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties
   (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site
   (g) use a Domain in connection with your use of the Site that is confusing or misleading to other Users or to the public
   (h) email or otherwise transmit, distribute, publish or disseminate any junk email, spam, chain letters, pyramid schemes, or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise)
   (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or
   (j) violate any applicable government laws or regulations.

D4B does not condone or allow spam. D4B will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use policy.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information.

3.3. Privacy and Confidentiality

Protecting your privacy and the personal information you provide us is a top priority at D4B. For this reason, D4B does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At D4B, we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures D4B has put in place to achieve this goal.

You agree not to share any information provided to you by or on behalf of D4B with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by D4B via the Site or offered by the Site, you may not:
   (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or
   (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.

D4B is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, D4B reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in D4B's sole discretion, without notice at any time.

3.4. Violations of Acceptable Use

D4B may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice.

You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by D4B, and for any use or misuse of your account or the Services or the Site resulting from any third party using a password or login name issued to you.

You agree that you will notify D4B immediately of any known or suspected unauthorized use, breach of security, or violation of this TOS, on or relating to the Site.

4. DESCRIPTION OF SERVICE

D4B provides users with access to a rich collection of resources, including without limitation various communications tools, domain bidding services, domain search services (D4B Services for short) through its website. In the domain bidding services, D4B acts neither as a Buyer or Seller, nor as the representative of a Buyer or a Seller, nor as a broker. You understand that D4B acts as a support technical for Buyer and Seller. You also understand and agree that the D4B Services may include advertisements and that these advertisements are necessary for D4B to provide the D4B Services. You also understand and agree that the D4B Services may include certain communications from D4B, such as service announcements, administrative messages and the D4B Newsletter, and that these communications are considered part of D4B membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current D4B Services, including the release of new D4B properties, shall be subject to the TOS. You understand and agree that the D4B Services is provided "AS-IS" and that D4B assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the D4B Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the D4B Services.

You understand that the technical processing and transmission of the D4B Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Please be aware that D4B has created certain areas on the D4B Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

5. EXCLUSION OF WARRANTIES

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

   (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. D4B AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

   (B) D4B AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:
       (i) THE SERVICE WILL MEET YOUR REQUIREMENTS
       (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE
       (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
       (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
       (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

   (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

   (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM D4B OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

6. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT D4B AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF D4B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
   (i) THE USE OR THE INABILITY TO USE THE SERVICE
   (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
   (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
   (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
   (v) ANY OTHER MATTER RELATING TO THE SERVICE.

7. TERMINATION

You agree that D4B may, under certain circumstances and without prior notice, immediately terminate your D4B account and access to the Service. Cause for such termination shall include, but not be limited to:
   (a) breaches or violations of the TOS or other incorporated agreements or guidelines
   (b) requests by law enforcement or other government agencies
   (c) a request by you (self-initiated account deletions)
   (d) discontinuance or material modification to the Service (or any part thereof)
   (e) unexpected technical or security issues or problems
   (f) extended periods of inactivity
   (g) engagement by you in fraudulent or illegal activities, and/or
   (h) nonpayment of any fees owed by you in connection with the Services.

Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or D4B's systems. D4B is under no obligation to maintain any such data or information.

Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or D4B's systems. D4B is under no obligation to maintain any such data or information.

8. INTELLECTUAL PROPERTY

All content, database information, data and services available on, and collected as a whole through this Site, are property of D4B, its affiliates, advertisers and licensors, and are protected by the international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). All rights not expressly granted herein are fully reserved by D4B, its affiliates, advertisers, and licensors. D4B's licensors' or other third-party materials, services or products referenced on this Site are common law or registered trade marks or service marks of such parties.

Solely to enable D4B to use your information, so that we are not violating any rights you might have in such information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to Your Information. D4B will only use Your Information in accordance with our Privacy Policy.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify D4B's designated agent in writing and provide the following information: your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work.

All contents of the Site are: Copyright ©2008 domain4bidding.com. All rights reserved.

Last Updated on Friday, 19 December 2008 10:11