SnapNames Disclaimer & Terms

SnapNames/Moniker Disclaimer & Terms

DISCLAIMER

Updated: April 8th, 2013

This web page, and the other pages of SnapNames/Moniker, are provided by the company as a service to the public. It is hoped that the information provided here will be helpful to readers in familiarizing themselves with the concept of domain names and the relation they have to intellectual property issues and how these issues may affect them. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for the advice of competent counsel. In addition, be aware that intellectual property law varies considerably from jurisdiction to jurisdiction. Therefore, some information in these web pages may not be correct as it pertains to your jurisdiction.

Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice. This website does not constitute an offer or contract.

As a service to you, we may provide links to other web sites that we feel have relevant content. However, we make no representations whatsoever about other web sites that you may access through this one. When you access a non-SnapNames web site, please understand that it is independent from SnapNames, and that SnapNames has no control over the content on that web site. In addition, a link to a non-SnapNames web site does not mean that SnapNames endorses or accepts any responsibility for the content, use or products and services made available through such web site.

IN NO EVENT WILL SNAPNAMES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SERVICES AGREEMENT TERMS AND CONDITIONS

1. Agreement

In this Services Agreement (this "Agreement") "you," "your," "Subscriber" and "Customer" refer to each customer and "we," "us" and "our" refer to SnapNames, Inc ("SnapNames") or Moniker /and its parent Domain Systems ("Moniker) This Agreement explains our obligations to you, and explains your obligations to us regarding your use of SnapNames or Moniker Services services. By registering a domain name through one of our registrar partners or using any other services provided by SnapNames or its partners under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, any registrar agreement associated with our service, our Privacy Policy and any other pertinent rules or policies that are or may be published by SnapNames from time to time.

Notwithstanding any other written or oral statements you believe SnapNames may have made to you, this agreement constitutes the entirety of SnapNames' agreements with and obligations to you and the entirety of your contractual rights in your relationship with SnapNames.

2. Domain Registration Service

The SnapNames service can acquire a registered domain name that subsequently becomes or is made available for public registration. There is no initial fee for placing an order and you will only be charged if SnapNames is successful in securing an ordered domain on your behalf. If a domain name that is sought via our service becomes available for public registration due to any circumstance, our service will make commercially reasonable efforts to acquire the domain name and register it through one of our registrar partners on your behalf.

We do not and cannot guarantee acquisition of any domain name, nor can we guarantee at which registrar the name will ultimately be registered upon its deletion by the applicable registry operator. To maximize your chances of getting the domain name you want, we use a network of many registrars to attempt to acquire domain names. The domain name you back-order may therefore be registered through a registrar other than the registrar who referred you to us, or whose reseller referred you to us.

There is also no guarantee that one of our registrar partners, on its fully-automated website, will not facilitate the registration of the name you want by someone else who applies through the registrar's own website interface.

When SnapNames registers a domain in response to your order, you acknowledge that the duration of the initial registration term may vary slightly depending on the method we use to fulfill your order. If the domain was registered to you after deletion from a domain registry, the registration term will be for 365 days from the date of acquisition. If the domain did not go through deletion but rather was registered to you via a registrar transfer, the registration term will be for 365 days from the date of expiration listed in the whois for that domain.

In order to assist you in identifying and determining the status of domain names you may wish to order, SnapNames may offer on its site Whois look-up services, in addition to services that provide information on names that are about to or have already expired, are about to be deleted, or have just been made available to the public for registration via our site. Information about the status of a domain name is offered on a commercially reasonable basis: to SnapNames' knowledge, no entity is able to reliably offer complete and real-time information on the status of a domain name during the time just before or soon after its deletion by the registry. You should always attempt to obtain independent confirmation of a domain name's status by performing a Whois look-up, found on the website of any ICANN-accredited registrar, including SnapNames' partners, prior to placing an order.

Unless a Customer specifies nameservers that should be assigned to the ordered domain name upon 1its registration, all domain names registered through SnapNames are pointed to a nameserver controlled by SnapNames. The web page then provided may be modified at any time by SnapNames without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by SnapNames, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. Once a domain name is registered for you, if for any reason you do not wish to have your domain name pointed to this web page, you should change the nameserver settings for that domain by accessing the domain at the acquiring registrar by using the account login information provided by SnapNames and/or the registrar at the time of the registration.

3. Bidding.

If two or more SnapNames customers have ordered a particular domain, and SnapNames is successful in registering the desired domain when it becomes available, SnapNames may conduct an auction among those customers who ordered the domain, and the domain will subsequently be awarded to the highest bidder in such auction. SnapNames in its sole discretion may choose to conduct an auction for an acquired domain name wherein we allow bidders to participate who did not have an order placed for the name previous to the commencement of the auction. In either case, if you are the winning bidder when the auction ends, you are obligated to pay the amount of your winning bid. SnapNames in its sole discretion may extend the duration of an auction if we reasonably perceive that there has been an irregularity in the auction process.

If two or more SnapNames customers backorder a particular domain and in the course of the subsequent auction no bids are placed, SnapNames will award the domain to the customer who was chronologically first to place an order on the domain. That customer will be charged the minimum fee for that particular domain name, such minimum that may change from time to time.

Following the successful completion of an auction for a particular domain, SnapNames will notify the winning bidder and attempt to collect payment. SnapNames may in our sole discretion require the winning bidder to tender payment to SnapNames in a manner of our choosing, including but not limited to credit card, check, or wire transfer. All fees collected by SnapNames are non-refundable, in whole or in part. In the event of a charge reversal or chargeback by a credit card company or other payment provider, or if we determine in our sole discretion that we are unable or unlikely to collect payment, any associated domain registration will immediately terminate and/or the domain name registration will be transferred to SnapNames as the paying entity for the registration. SnapNames may, in our sole discretion, award the reclaimed domain name to the next highest bidder in the relevant auction and charge such bidder their highest bid amount, or make the domain name subject to a new auction among bidders determined by SnapNames, or otherwise dispose of the name.

Certain SnapNames customers may have a "Credit" in their SnapNames account, due to funds previously paid SnapNames by customer. These Credits have a one year term, and expire one year from the date of payment if unused. Upon expiration, a Credit is no longer redeemable and will be removed from customer's account. SnapNames, in its sole discretion, may choose to extend the term of a Credit in certain circumstances. You agree that SnapNames is under no obligation to extend any Credit beyond the original one-year term.

All bids, offers, and counter offers made through the Moniker.com or Snapnames.com websites or through any Moniker or SnapNames bid form, make offer link, or email correspondence, if accepted within 30 days by the seller, represents a legally binding commitment. As the buyer you are allowing Moniker or SnapNames brokers to present your offers or bids on your behalf. If a buyer/bidder reneges or otherwise withdrawals an offer or bid that is accepted by the seller within the 30 day the full seller commission will be owed by the buyer. (See Auction and Brokerage Seller Fees & Policies.)

4. Required Data

In order for us to register a domain name through one of our registrar partners on your behalf, you agree to provide certain current, complete, accurate, and reliable contact data at the time of registration (the "Contact Data") about you and your site host as required by the registration process. You acknowledge that the registrar is required to make Contact Data publicly available on a WHOIS database as expressed in the respective registrar's service agreement, and you expressly consent to such disclosure.

You agree to update this information as follows: (i) if your Contact Data changes after you have supplied it to us, but before we order a domain name registration on your behalf, you agree to update the information as it appears in your account on our web page; and (ii) if your Contact Data changes after we order a domain name registration on your behalf, you agree to update the information directly with the registrar. (Please note that updating Contact Data on our site will not change the information maintained by the registrar in its WHOIS database on any of your existing domain registrations, even if the registration was facilitated by SnapNames; you must update existing domain registrations directly with the registrar.)

Because accurate and reliable Contact Data is important for the domain name system to work properly, is will be considered a material breach of this Agreement if you: (i) willfully provide inaccurate or unreliable Contact Data, (ii) willfully fail promptly to update Contact Data with us and/or the registrar, or (iii) fail to respond within fifteen days to our inquiries or those of the registrar regarding the accuracy of the Contact Data. Such a breach will be a sufficient basis for us or the associated registrar to cancel the domain name registration and/or other services without further notice to you.

In order for you to use other SnapNames services you also agree to provide and maintain certain current, complete, accurate, and reliable information about you and your email addresses ("User Profile"). The User Profile information is needed to send you notifications and other information regarding your service. The User Profile information is entirely independent of the Contact Data described above. You agree to update the User Profile directly through your account accessible at our web site. Because it is not possible for us to provide our notification services without accurate and reliable User Profile information, it will be considered a material breach of this Agreement if you (i) willfully provide inaccurate or unreliable User Profile information, or (ii) willfully fail promptly to update User Profile information provided to us. Such a breach will be a sufficient basis for us to cancel the services without further notice to you.

Our Privacy Policy, located on our web site at www.snapnames.com and incorporated herein by reference, further sets forth your and our rights and responsibilities with regard to your personal information.

5. Modification of Agreement

You acknowledge that the Internet, the domain name system and its policies, and the practice of registering, monitoring, and administering domain names are continually evolving, and therefore you agree that SnapNames may modify this Agreement, as well as any additional rules or policies that are or may be published by SnapNames, as necessary to comply with any other agreements that SnapNames is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Any such addition or modification will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on SnapNames' web site, or upon notification to you by e-mail or regular mail. You agree to periodically review our web site, including the current version of this Agreement available on our web site, to be aware of any such modifications. Your continued use of any SnapNames services or of any domain name registered through one of our registrar partners on your behalf through SnapNames will constitute your acceptance of this Agreement as well as modified or additional rules or policies that are or may be published by SnapNames or by our registrar partners. If you do not agree to any such changes, you may request that any order you placed be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by SnapNames.

6. Agency

IF YOU ARE ACTING AS AN AGENT: You represent that you have the authority to bind your principal to all terms and conditions contained in this Agreement. You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder and/or subscriber of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating full contact information. A breach of this Agreement by your principal or licensee will be considered a breach by you.

IF YOU ARE ACTING THROUGH AN AGENT: You agree that, if your agent (e.g., an Internet Service Provider, employee, legal counsel, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy as described later in this Agreement. Your continued use of our services will ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she 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. A breach of this Agreement by your agent will be considered a breach by you.

7. Prohibited Conduct

Customer agrees to use SnapNames only for lawful purposes. While SnapNames has no responsibility to monitor your use of domain names, SnapNames reserves the right to terminate any account for which a SnapNames hosted domain is found to be pointing or otherwise directing traffic to any material in violation of any U.S. or state statute or regulation, including but not limited to material in violation of U.S. copyright law, and material judged to be threatening or obscene. Any misuse of SnapNames resources that disrupts the normal use of the system is strictly prohibited. Such system abuse may lead to termination of the account. Examples of system abuse include but are not limited to spawning many processes that consume resources, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, etc. Any attempts to penetrate SnapNames' security will result in the termination of the Customers' account without notice, as well as notification of appropriate law-enforcement agencies.

8. Breach

Any failure by you to abide by any provision of this Agreement, any SnapNames operating rule or policy or the Dispute Policy, may be considered by us to be a material breach of this Agreement. We may provide written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence that is reasonably satisfactory to us that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate the services without further notice. We reserve the right to suspend any SnapNames services during such 10-day period. 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.

9. Revocation

You agree that we may terminate your right to use our service(s) if the information that you are obligated to provide to register your domain name through one of our registrar partners or subscribe for other SnapNames service(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name through one of our registrar partners or to continue to provide you domain name services. Furthermore, you agree that we may suspend, cancel or transfer your domain name services in order to: (i) correct mistakes made by us, a registrar partner, or the registry in registering your chosen domain name, or (ii) to resolve a dispute under the Dispute Policy. We will not refund any fees paid by you if we suspend or terminate your services.

10. Customer Representations and Warranties

You agree and warrant that: (i) the information that you or your agent provide to us during the application process to register your domain name through one of our registrar partners or to apply for other SnapNames services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (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 or any other SnapNames service will directly or indirectly infringe the legal rights of a third party, including trademark rights, (iii) you are not registering the domain name for an unlawful purpose; (iv) you will not knowingly use the domain name in violation of any applicable laws or regulations, (v) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and (vi) you are of legal age and capacity to enter into this Agreement.

You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.

11. SnapNames Disclaimer of Warranties

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. SNAPNAMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SNAPNAMES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. We make no warranty that our services(s) will meet your requirements 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 in our newsletter or web site. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our newsletter and website 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 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 or through our newsletter or web site shall create any warranty not expressly made herein. To the extent that any jurisdiction does not allow the exclusion of such warranties, these disclaimers will apply to the greatest extent possible.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the Uniform Domain Name Dispute Resolution Policy (UDRP), (ii) any policy adopted by the Internet Corporation for Assigned Names and Numbers (ICANN), (iii) any registrar (including SnapNames) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures.

You also agree that SnapNames shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as SnapNames receives (i) a properly authenticated notification from a court of competent jurisdiction, or (ii) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

12. Right of Refusal

You grant SnapNames, in our sole discretion, the right to refuse to register your chosen domain name through one of our registrar partners, to refuse to subscribe you for other SnapNames services, or to request deletion of your domain name at the acquiring registrar or cancel your services within thirty (30) calendar days from receipt of your payment for such services. In the event we request deletion of your domain name or cancel your services within such thirty (30) calendar day period, we may refund your applicable fees. You agree that we will not be liable to you for any loss or damages that may result from any such refusal, deletion or cancellation.

13. Dispute Policy

We do not check to see whether the domain name you select to register infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others. You may wish to consider seeking one or more opinions from competent trademark practitioners in connection with your domain name. You agree to assume all responsibility in selecting a domain name to register and/or monitor. Should we be sued or threatened with a lawsuit in connection with your domain name and/or subscription to any other of our services, we may turn to you to hold us harmless and indemnify us pursuant to the Indemnification provision of this agreement. Similarly, you recognize that we have no responsibility to determine whether domain names monitored or acquired by others through our site infringe your own rights in trademarks or domain names, and you agree to release SnapNames from any legal claims asserting such a responsibility.

For domain name registrations facilitated by SnapNames, you agree to be bound by the UDRP, as approved by ICANN on October 24, 1999, as modified from time to time, and incorporated here by reference. A copy of the current UDRP may be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm and any modifications at www.icann.org. All other disputes between you and any party other than SnapNames regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of the UDRP may be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name, and/or SnapNames 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 any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves. SnapNames will not honor registrations that SnapNames reasonably believes infringe on its own trademarks. Should you fail to substantially prevail in any lawsuit brought against SnapNames, SnapNames will be entitled to recover its reasonable attorneys' fees and costs from you.

14. Limitation of Liability

SNAPNAMES AND ITS PARTNERS, AFFILIATES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SNAPNAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE EXPLICITLY DISCLAIM ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:

(a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN REGISTRATION;

(b) USE OR MISUSE OF YOUR DOMAIN NAME REGISTRATION;

(c) INTERRUPTION OF YOUR BUSINESS, WEB SITE, EMAIL, OR OTHER SERVICES;

(d) ACCESS DELAYS OR INTERRUPTIONS TO THIS WEB SITE OR ANY WEB SITES ACCESSED BY YOUR REGISTERED DOMAIN NAMES;

(e) NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR MODIFICATION OF DATA;

(f) USE OR MISUSE OF YOUR USER NAME OR PASSWORD;

(g) FAILURE TO ACQUIRE OR RE-ACQUIRE A DOMAIN NAME;

(h) ERRORS, OMISSIONS, OR MISSTATEMETNS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT;

(i) EVENTS BEYOND THE REASONABLE CONTROL OF SNAPNAMES, INCLUDING WITHOUT LIMITATION FAILURE OF ELECTRICAL OR TELECOMMUNICATIONS SERVICES; or

(j) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.

SnapNames' entire liability, and your exclusive remedy, with respect to any SnapNames services provided under this Agreement and any breach of this Agreement is limited solely to the amount you paid for such services. IN NO EVENT WILL SNAPNAMES'S MAXIMUM AGGREGATE LIABILITY EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY YOU FOR SUBSCRIPTION TO ANY OF OUR SERVICES OR THE REGISTRATION OF THE DOMAIN NAME OR FIVE HUNDRED ($500.00) DOLLARS. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages; in such states, our liability is limited to the greatest extent permitted by law.

15. Indemnity

You agree to release, defend, indemnify, and hold SnapNames and its directors, officers, employees, contractors, agents, strategic partners and affiliates harmless from all liabilities, claims and expenses (including attorney's fees, expenses, and SnapNames' reasonable out-of-pocket costs) relating to or arising under this Agreement ("Claims"), your domain name or its use or renewal, the SnapNames services provided hereunder, or your use thereof, including without limitation infringement of any intellectual property or other proprietary right of any person or entity, or from the violation of any SnapNames operating rule or policy relating to the services provided. You shall not enter into any settlement or compromise of any Claims without SnapNames' prior written permission, which permission shall not be unreasonably withheld. If, in the opinion of SnapNames' legal counsel, a conflict of interest exists or may reasonably be expected to exist in connection with your assumption of SnapNames' defense, SnapNames shall be entitled to conduct and control its own defense. This indemnification is in addition to any indemnification required under the UDRP or any similar policy. When SnapNames is threatened with suit by a third party, SnapNames may seek written assurances from you concerning your promise to indemnify SnapNames; your failure to provide those assurances may be considered by SnapNames to be a breach of your Agreement and may result in deactivation of your domain name and/or any SnapNames service.

16. Miscellaneous

This Agreement, and the services provided hereunder, will be governed by the laws of the United States and the State of Oregon, without reference to rules governing choice and conflicts of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Portland, Oregon and both parties irrevocably consent to the exclusive jurisdiction and venue of such courts. Customer may not assign this Agreement, by operation of law or otherwise, without SnapNames' prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither party's failure to enforce performance of any provision of this Agreement will not constitute a waiver of such party's right to subsequently enforce such provision or any other provision of this Agreement. If any provision of this Agreement, or portion thereof, is found to be unenforceable, such provision will be enforced to the maximum extent possible and the remainder of this Agreement will continue in full force and effect.

The parties are independent contractors and do not intend to create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Notice must be given to SnapNames at the address set forth on its web site and to Customer at the administrative address listed in Customer's account. Notice will be deemed to have been received upon personal delivery (including confirmed fax), one day after mailing by nationally known overnight carrier or five days after mailing by certified mail, return receipt requested. This Agreement constitutes the entire understanding between the parties relating to the subject matter of this Agreement and supersedes all prior writings, negotiations or understandings with respect thereto. This Agreement will not be amended or supplemented by the preprinted terms or conditions on any purchase order, acknowledgment or other business form employed by either party. Except as set forth in Section 5, no modification or addition to this Agreement will have any effect unless it is set forth in writing and signed by both parties.

17. Registration of domain names

SnapNames has partnerships with various registrars for the purpose of registering domain names. Our registration service entails SnapNames registering domain names on your behalf with one of our registrar partners. Other than what is specifically stated in this Agreement regarding our registration of domain name service, it is the agreements between the particular registrar associated with a given domain name and the registrant of said domain name that will explain your rights and obligations when you register a domain name through SnapNames. By this Agreement, you acknowledge that you have read and accept the terms of these respective registrar agreements.

18. Shill Bidding Policy

Shill bidding happens when anyone bids on a domain name in order to artificially increase its price or desirability. Shill bidding also happens when someone a seller knows bids on the seller's domain. This includes family members, friends (including online friends), roommates, or employees.

We don't allow shill bidding on SnapNames because people the seller is associated with might have information about a domain that other potential buyers don't, which might give them an unfair advantage. Shill bidding may also create unfair or artificial prices.

If people who know each other want to buy and sell a domain name, they should do so in a way that doesn't involve bidding. For example, a name could be purchased at a fixed price instead of an auction. However, these purchases can't be made for the purpose of artificially increasing our or a third-party seller's revenue or sell-through rate.

SnapNames follows these guidelines, and if you are going to buy or sell domains on our platform please make sure you do too. If you don't, you may be subject to a range of actions, including limitations of your buying and selling privileges and/or suspension of your SnapNames account. Shill bidding is also illegal in many places and can carry severe penalties.

Reporting shill bidding

If you think you see shill bidding taking place in a SnapNames auction in any of the various formats we operate, report it to us. Be sure to provide the domain involved and any other pertinent information. We thoroughly investigate every report we receive. Often what appears to be shill bidding isn't a violation, but if there is evidence of shill bidding, we will take action, which may include cancellation of certain auctions or accounts, and may even include referral to law enforcement. However, our privacy policy may prevent us from disclosing certain details of our investigation to other members, including the person who reported the issue.

Upon request, SnapNames will provide an annual report detailing any allegations of shill bidding that was discovered or reported and upon investigation was found to have merit that may have occurred in the preceding twelve months.

19. Dot DE Registrations

You acknowledge and agree that should you purchase a .DE domain name using our service, the Admin contact initially listed in the whois for the name will be a legal entity located in Germany. It is permitted for you to change this information to another German entity after the fact, but it is not required. Please see the rules pertaining to registering .DE domain name here .

20. Dot CN Registrations

For the purchase and/or registration of a .CN domain name, you agree and acknowledge that any of the following content shall not be included in any webpage, used by any organization or individual, hosted under a domain name registered using Moniker or SnapNames services:

  1. Content that is against the basic principles prescribed in the United States Constitution;
  2. Content that jeopardize national security, leaks state secrets, intends to overturn the government, or disrupts state integrity;
  3. Content that harms national honor and national interests;
  4. Content that instigates hostility or discrimination between different nationalities or disrupts the national solidarity;
  5. Content that violates state religion policies or propagates cult and feudal superstition;
  6. Content that spreads rumors, disturbs public order or disrupts social stability;
  7. Content that spreads pornography, obscenity, gambling, violence, homicide, terror or instigates crimes;
  8. Content that insults, libels against others and infringes other people's legal rights and interests; or
  9. Other contents prohibited in the laws, rules and regulations of the United States.

Should you purchase and seek to register a .CN domain name you must also agree to comply with all applicable laws, regulations and policies of the People’s Republic of China's governmental agencies and the China Internet Network Information Center ("CNNIC"), including but not limited to the following rules and regulations:

  1. China Internet Domain Name Regulations;
  2. CNNIC Detailed Rules of Internet Domain Name Registration Administration;
  3. CNNIC Domain Name Dispute Resolution Policy (http://www1.cnnic.cn/PublicS/fwzxxgzcfg/201208/t20120830_35737.htm); and
  4. Rules for CNNIC Domain Name Dispute Resolution Policy.

Please see the rules pertaining to the registration of .CN domain names here http://www1.cnnic.cn/

You agree and acknowledge that (i) the domain you purchased will not be resolved (including forwarding) to a web site in China (not including Taiwan, Hong Kong and Macao) , unless you first record the name with the China MIITCP recording system and provide the record number to Moniker within one (1) week; and (ii) you accept complete and full legal responsibility for any consequences due to the violation of the above two provisions by you or your company.

You agree and acknowledge that as part of the .CN registration process it will be necessary for you to provide us with current and accurate information (technical, administrative, billing, ownership) inclusive of the registered domain name, your name and/or company name, physical address, telephone number, e-mail address and two name servers for domains registered. Additional information may also be required by the Registry, CNNIC, such as a scanned copy of a National Identification Card (driver’s license, passport, military ID) and/or a scanned copy of your Business Registration (articles of incorporation, business license) in addition to the number associated with the ID submitted.

You agree and acknowledge that failure to submit any and all of the required documents in a timely manner will cause your application to be deleted by CNNIC. Failure to submit this information to us within three (3) days of notification from us may result in the loss of the domain name with no refund provided.

You accept that your use of this site and your purchase and registration of .CN names includes your acceptance of this SnapNames Disclaimer and Terms and our Privacy Policy.

SELECTED REGISTRATION AGREEMENTS

Auction and Brokerage Seller Fees & Policies

Auctions are held daily online and at live events featuring an auctioneer and real-time online bidding . Brokerage services may be performed before, during, and after a scheduled auction, or in place of an auction

It is free to submit a domain for consideration in a live or extended auction or showcase auction or to schedule a daily online auction! Fees are only charged for sold domains at the completion of a sale.

Additionally, policies have been set-up to promote a fair and efficient marketplace for both buyers and sellers.

Fees

The seller payout amount is the final selling price of the domain less any fees. *Fees are assessed based on the type of auction it is sold at as follows:

SnapNames Daily Online Auction Fees

Submission Fee

Free

Commission Fee

20%
of the final selling price

Handling Fee
Important: All domains scheduled for an online auction must be in your Moniker or SnapNames registrar account prior to the auction being scheduled

Free

Placement in Promotional Emails and Auction Lists

Free

Auction Example:

Your Reserve Price

$1,000

Winning Auction Sales Price

$2,500

Commission Fee @ 20%

($500)

Your Net Payout

$2,000

Moniker Premium Live Event, Extended Auction Fees and Brokerage fees.


Live auctions featuring an auctioneer and real-time online bidding

Submission Fee

Free

Commission Fee

15%
of the final selling price

20%

of agreed sale price if sold through private brokerage

Handling Fee
1. With domain name in your Moniker or SnapNames registrar account prior to the event your domain has been selected for.

Free

2. With domain name not in your Moniker or SnapNames registrar account.

To avoid this fee, simply transfer domains selected for the auction catalog into your Moniker or SnapNames registrar account prior to the auction.

$100
per domain name

(above $100 fee does not apply to private brokerage sales)

Placement in Promotional Emails and Auction Lists

Free

Auction Example:

Your desired Net Payout

$5,000

Reserve Price Before 15% Commission

$5,882 minimum

Winning Sales Price

$25,000

Commission Fee @ 15%

($3,750)

Your Net Payout

$21,250 if domain at our registrar

Your Net Payout

$21,150 if domain not at our registrar

SnapNames and Moniker Showcase Auction Fees


featuring hand-picked domains with online bidding

Submission Fee

Free

Commission Fee

15%
of the final selling price

20%

of agreed sale price if sold through private brokerage

Handling Fee
1. With domain name in your Moniker or SnapNames registrar account prior to the event your domain has been selected for.

Free

2. With domain name not in your Moniker or SnapNames registrar account.

To avoid this fee, simply transfer domains selected for the auction catalog into your Moniker or SnapNames registrar account prior to the auction.

$100
per domain name

(above $100 fee does not apply to private brokerage sales)

Placement in Promotional Emails and Auction Lists

Free

Auction Example:

Your desired Net Payout

$5,000

Reserve Price Before 15% Commission

$5,882 minimum

Winning Sales Price

$25,000

Commission Fee @ 15%

($3,750)

Your Net Payout

$21,250 if domain at our registrar

Your Net Payout

$21,150 if domain not at our registrar

*Remember to visit this page prior to submitting or scheduling auctions as fees are subject to change.

Policies

Please be sure to review the policies before submitting or scheduling a domain for auction.

Sellers can promote domains for auction by referring others to the Moniker and SnapNames marketplace and forwarding all leads and inquiries to your Moniker Account Executive.

Sellers cannot do the following:

  • Take any action to avoid fees while under non-circumvent or exclusivity terms (see examples below).

    Examples of circumvention of the Moniker and SnapNames fees include, but are not limited to:
    • Contacting potential buyers or bidders with the intention of avoiding fees by selling a domain outside of the Moniker live event or extended online auction and SnapNames marketplace.
    • Requesting an auction cancellation or removing a domain submitted for consideration in an auction.
    • Setting a reserve price above the market value in an attempt to gain exposure for a sale outside of the Moniker and SnapNames marketplace.
    • Directly selling a domain to an interested party within one year that was a direct or indirect result of sales and marketing efforts of a Live or Extended Auction; such as exposure generated from articles, press releases, advertising and sales any other activities.
  • Attempt to avoid paying any applicable fees on the sale of a domain outside of the Moniker or SnapNames marketplace while under an exclusivity period.
  • Accept a Bid through auction or private brokerage communications and then later renege/cancel the acceptance of the sale for any reason.
  • Bid on a domain that is owned or represented by the seller, often referred to as shill bidding.
  • Misrepresent any data or information provided about the domain including traffic statistics, revenue, use complaints, ownership rights, or legal proceedings.

(See the seller agreement for exclusivity and non-circumvention details.)

If a policy violation occurs, commission fees are immediately due, an auction may be ended and parties involved may be prevented from participating in the Moniker and SnapNames marketplace.

All site contents © 2005-2010, SnapNames.com, Inc. SnapNames.com is a KeyDrive S.A. company. All rights reserved.