Terms Of Service

The following terms and conditions govern all use of the Domain Development website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Domain Development Privacy Policy) and procedures that may be published from time to time on this Site by Domain Development (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Domain Development, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your Domain Development Account. You are fully responsible for all activities that occur under the account. You must immediately notify Domain Development of any unauthorized uses of your account or any other breaches of security. Domain Development will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  6. the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  7. your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  8. your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your user name is not the name of a person other than yourself or company other than your own; and
  9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Domain Development or otherwise.

By submitting Content to Domain Development for inclusion, you grant Domain Development a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Domain Development will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Domain Development has the right (though not the obligation) to, in Domain Development sole discretion (i) refuse or remove any content that, in Domain Development reasonable opinion, violates any Domain Development policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Domain Development sole discretion. Domain Development will have no obligation to provide a refund of any amounts previously paid.

3. Support. Support Services include access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Domain Development to respond within two business days) concerning the use of the Support Services.

4. Responsibility of Website Visitors. Domain Development has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Domain Development does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Domain Development disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Domain Development links, and that link to Domain Development. Domain Development does not have any control over those non-Domain Development websites and webpages, and is not responsible for their contents or their use. By linking to a non-Domain Development website or webpage, Domain Development does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Domain Development disclaims any responsibility for any harm resulting from your use of non-Domain Development websites and webpages.

6. Copyright Infringement. As Domain Development asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Domain Development violates your copyright, you are encouraged to notify Domain Development. Domain Development will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Domain Development or others, Domain Development may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Domain Development will have no obligation to provide a refund of any amounts previously paid to Domain Development.

7. Intellectual Property. This Agreement does not transfer from Domain Development to you any Domain Development or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with Domain Development. Trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any third-party trademarks.

8. Changes. Domain Development reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Domain Development may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Termination. Domain Development may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Domain Development account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Domain Aftermarket.

  1. Prior to acceptance of the agreement to purchase the Domain the Buyer is responsible for, all research necessary to ensure that you are aware of any factors affecting your registration and use of the Domain, including, but not limited to, the applicable annual registration fees required to maintain your registration and use of the Domain.
  2. Certain top-level domains (TLDs) carry abnormal registration policies, restrictions, prices and other associated fees depending on registrar. Buyer is responsible for conducting all research necessary to make themselves familiar with the rules, regulations and fees of the associated registrar for the contemplated Domain prior to entering an agreement to purchase the Domain. Buyer agrees that Seller shall not be held responsible for any abnormal registration policies, prices or fees.
  3. Seller makes no representations or warranties regarding the features of the Domain listed on the Domain Development website. This shall apply particularly, but not exclusively, to visitor statistics and traffic statistics.
  4. Due to the binding nature of the offer to purchase the Domain, Buyer should review the Domain listing carefully and perform all necessary research on suitability for intended uses to avoid mistakes before submitting a binding offer. Any such mistake does not relieve the Buyer from their obligations to purchase the Domain once a binding offer has been made.
  5. Buy Now prices are understood to be end prices including any applicable taxes.
  6. All offers will be construed as firm offers to buy the Domain for the offered price in accordance with the conditions of the sale agreement for the Domain.
  7. Once the full amount of the purchase price owed has been received by the Seller's account, Buyer agrees that the transfer of the Domain will be conducted by the Seller, or the Escrow Service of the Seller's choosing.
  8. Once the full amount of the purchase price owed has been received by the Seller's account, the process of transferring ownership of the Domain from the Seller to the new owner (the Buyer) shall commence. Seller shall then instruct the Buyer of the Domain as to the required steps and best practices involved in the technical domain name registration transfer process. Seller can only ensure the prompt and orderly transfer of Domain ownership if Seller's instructions to the Buyer are strictly followed. As such, the Buyer is obligated to provide the required cooperation to the Seller. Failure to cooperate may be considered by the Seller as a material breach of the relevant purchase and sale agreement.
  9. Transfer of domain ownership is transfer of control of the domain, and once the Buyer has control over the purchased domain, he/she cannot claim that the Seller has not performed his duties under this Agreement based solely on the fact that the domain is not at any specific domain registrar.
  10. A successful transfer of ownership of the Domain has taken place when the Buyer has gained technical control of the Domain and is capable of updating the Domain's WHOIS record. In the event that an Escrow Service is hired, then a successful transfer shall be considered to have been made at that moment in which the Escrow Service obtains control of the Domain and the Seller has lost control of this Domain.
  11. If a Buyer does not take over technical control of a Domain within three (3) weeks after the completion of payment to the Seller's account, Seller will not be obligated to extend the Domain registration period. This may result in the lapse or expiration of the Domain. Buyer will not be compensated for this loss.
  12. The transfer will not be considered a failure if the unsuccessful transfer of the Domain to the Buyer is solely due to the fact that the Buyer has not undertaken the further required cooperative actions required upon his/her part after the payment of the purchase price and any additional fees if relevant.
  13. The Buyer agrees that Seller shall have the right to publish the name of the Domain sold as well as the respective purchase price in any manner Seller chooses.
  14. All sales are considered final upon receipt of payment by the Seller. No refund is being offered.
  15. In the event that the purchase price to be paid by the Buyer has been transferred to the Seller's account and the Domain has been transferred to the Buyer, Buyer may not seek cancellation of said ownership transfer. In the event that the parties become involved in a dispute at any time during the transfer process, an Escrow Service Provider will be selected by the Seller and payed for by the Buyer to set a reasonable deadline for both parties to reach an agreement. In the event that said deadline passes without a resolution, the Escrow Service shall then be entitled to release the purchase price to the Seller and the Domain to the Buyer in accordance with the purchase and sale agreement.

10. Disclaimer of Warranties. The Website is provided “as is”. Domain Development and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Domain Development nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

11. Limitation of Liability. In no event will Domain Development, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Domain Development under this agreement during the twelve (12) month period prior to the cause of action. Domain Development shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Domain Development Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification. You agree to indemnify and hold harmless Domain Development, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

14. Miscellaneous. This Agreement constitutes the entire agreement between Domain Development and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by the owner of Domain Development, or by the posting by Domain Development of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Essex County, Ontario. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Domain Development may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


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