Terms of Use & Agreement

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These Terms of Use (the "Terms of Use"), together with any and all other documents referred to herein, set out the terms of use under which you may use this website, DomainEasy™ ("Our Site"). Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.

YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE AND THAT BY AGREEING TO THESE TERMS YOU MAY BE LIMITING YOUR RIGHTS. IF YOU DO NOT AGREE WITH ANY PORTION OF THE TERMS OF USE, IMMEDIATELY STOP ACCESSING OR USING THE SITE.

Definitions and Interpretation
1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
  "Content" means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
  "User" means a user of Our Site;
  "We/Us/Our" means DomainEasy Inc.
Information About Us
1. Our Site, DomainEasy.com is owned and operated by DomainEasy Inc., 333 Bay Street, Suite 3400, Toronto, Ontario M5H 2S7.
2. We provide a marketplace for users to advertise, browse, lease, buy and sell domain names together with other related domain name management services (the "Services"). We do not own domain names that are listed for sale on Our Site.
Access to Our Site and Registration
1. Providing you are at least 18 years of age (or meet the minimum legal age and other requirements to enter into legal agreements in your particular jurisdiction) and meet any other applicable registration criteria which we may require from time to time, you may register single account with Our Site by:
  1. Completing Our registration form;
  2. Submitting any required credit card or other payment details for verification;
  3. Submitting any required identification for verification of your identity and domain name ownership if applicable;
  4. Complying with any email and/or telephone number verification requests;
  5. Confirming that you are a new registrant; and
  6. Agreeing to our Terms of Use and other applicable policies.
2. It is your responsibility to make any and all arrangements necessary in order to access Our Site, including but not limited to any hardware or software requirements.
3. It is your responsibility to safeguard and protect your login credentials. Do not share your login or password for Our Site with anyone.
4. Access to Our Site is provided "as is" and on an "as available" basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
5. If you are entering into this Agreement on behalf of a business entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such business entity. If We find that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. We shall not be liable for any loss or damage resulting from Our reliance on any instruction, notice, document, or communication reasonably believed by Us to be genuine and originating from an authorized representative of your business entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, We reserve the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
Our Services
1. Our brokerage Services are provided to facilitate the buying and selling of currently registered domain names owned by third parties only, and not the purchase or sale of associated website content. We provide a marketplace and a transaction facilitation process subject to applicable commissions for each transaction. We do not provide escrow services. You acknowledge and agree that your transaction will be handled by via Our "Transaction Facilitation" process wherein upon receipt of a payment from a buyer, We will remit payment net of commission and any other applicable charges to the seller within the specified time period, except in the event of a dispute or where the payment is suspected to be fraudulent, as determined by Us in Our sole and absolute discretion. You authorize Us to perform certain tasks on your behalf in order to facilitate the transaction. You acknowledge that We are not an escrow service nor a bank but rather a payment processing and domain name transaction facilitation service. You further acknowledge that We are not acting as a trustee, fiduciary or escrow with respect to your funds or property.
2. Once you are registered with Our Site as a seller, you may submit permitted domain name listings to the website using the website interface. In order to list a domain name for sale, you will be required to use the DNS settings provided or otherwise comply with the rules and procedures applicable as per Our policies. Domain name listings that are submitted are subject to review and approval, including but not limited review and approval of your;
  1. Identity;
  2. title and registration to domain name(s);
  3. authority to sell domain name(s);
  4. applicable documents and resolutions pertaining to your business entity and business entity registration; and
  5. accurate banking information.
3. Without prejudice to Our other rights under these Terms of Use, we reserve the right to reject and/or delete domain name listings that;
  1. in our sole unfettered discretion, breach these terms of use; or
  2. in our sole unfettered discretion, do not meet any additional guidelines for domain name listings published on Our website;
  3. in Our sole unfettered discretion, we do not want listed on our website for any reason or for no reason whatsoever. If we delete a domain name listing, you agree that we shall not be liable for any claimed loss or damages whatsoever.
4. If We do not reject or delete a domain name listing, it will remain published on our website for the term agreed upon as part of the domain name listing procedure and/or pursuant to our published guidelines, subject to termination or deletion in accordance with these Terms of Use.
5. Domain name listings submitted to Our website must be exclusively owned and registered to you and you must have authority to sell the domain name(s) at any listed price and/or in accordance with any listed selling arrangement, free and clear of all encumbrances of any kind. When a domain name is submitted for listing to a particular category available on Our website, it must constitute a bona fide listing relating to that category. Any particulars or details submitted by you in connection with the listing (without limiting the foregoing, such as traffic data, sales volume, etc.) must be true, fair and accurate in all respects.
6. For the avoidance of doubt, domain name listings must comply with the "acceptable usage" provisions below, and the "user content" provisions below.
7. You must keep your domain name listings up-to-date using our website interface. In particular, you must remove any domain name listings that are no longer available for sale, subject to our terms and conditions, and must update any associated data or particulars in order to continue to reflect true, fair, and accurate information in all respects.
8. If you become aware of any domain name listings on our website that breach these terms, you must notify us immediately.
9. You must ensure that all prices specified in or in relation to a domain name listing are in United States dollars only.
10. We may delete any domain name listing in our sole unfettered and/or arbitrary discretion at any time, with or without notice or explanation.
11. The only domain names which may be the subject of a domain name listing are domain names which may be transferred in accordance with any applicable domain name registry rules, and which you are authorized to sell on an unencumbered basis, free and clear of all liens or claims of any kind. You are responsible for informing yourself of all applicable registry policies and procedures and may not hold us responsible for any such policies or procedures.
12. You must not sell or offer to sell via Our website any domain name that breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction. Without limiting the generality of the foregoing, by agreeing to these Terms of Use, and by submitting a domain name for listing, you represent and warrant that any domain name submitted for listing by you, does not infringe any trademark or other right held by any third party.
13. As a seller of a listed domain name, you represent and warrant that: (i) you have registered the domain with the appropriate domain name registrar or other registration authority; (ii) your registration of the domain name is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable domain registrar or other registration authority; (iii) you have not taken any action that would impair your ability or right to transfer the domain registration and no such action has been taken against you; (iv) the domain name has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (v) the domain name is not the subject of any legal disputes or proceedings challenging your right to register or use the domain name; (vi) you will accurately describe the subject listing; (vii) you own and have the right to sell the content, if applicable, listed as part of your domain; and (viii) if your offer to sell and transfer the domain is accepted, you will complete the transaction with a ready, willing, and able buyer. You will not, under any circumstances, list or transfer the rights to any domain name that you do not have sufficient rights to transfer, or that is illegal to transfer under applicable law or policies.
14. Prior to entering into an agreement to purchase or lease a listed domain name and/or using Our Services, you are required and responsible for performing all research necessary to inform yourself of any applicable registration policies, prohibitions and restrictions, registration or renewal fees for domain names, any transfer fees, confirming that your registration and/or use of a domain name does not infringe or otherwise violate the rights of any third party, and confirming that you have all information necessary in order to make a fully informed decision as to whether to buy or sell a domain name through our website and to avoid mistakes before submitting a binding offer or accepting a binding offer.
15. You agree not to sell or lease any domain name to any buyer found through the Services without using the Services to complete the transaction. Should We find out that you are circumventing the Services, We reserve the right to terminate your account and cancel all of your listings.
16. You are obligated to complete the transaction if a buyer commits to purchase or lease the domain name through a fixed, agreed upon price or via a series of payments. Should you fail to complete the transaction for any reason (including, but not limited to, failing to move the domain name to Our account) We reserve the right to (i) charge you a fee and/or (ii) terminate your access to the Services in our sole and absolute discretion.
17. As a Buyer, you are obligated to complete the transaction if the seller commits to sale or lease the domain name through a fixed, agreed upon price or via a series of payments. Should you fail to complete the transaction for any reason including, but not limited to, failing to remit the full amount(s) required, We reserve the right to (i) charge you a fee and/or (ii) terminate your access to the Services in Our sole and absolute discretion. You are required to deposit the mutually agreed-upon price and commission, as established by Us as soon as practical after you and the seller reach an agreement, but in no event later than five (5) business days after you and the seller have agreed to a price. Once you send payment, after a prescribed time period We will remit Our payment to the seller less commissions and fees payable. At no time will the buyer be able to withdraw those funds or send the funds to another recipient unless the initial transaction is cancelled. Should the seller refuse payment, the funds will be returned to the buyer. You agree that We are not responsible for breach of contract based upon a seller's refusal to accept the mutually agreed to purchase price. In the event you and the seller do not reach an agreement upon a purchase price, We shall return any funds received by Us in respect of the purchase of the domain name to you as soon as commercially reasonably possible less any applicable fees and charges.
18. In the event of a breach by the buyer of any of its responsibilities related to payment under the completed sale, We reserve the right to require and in such event the seller agrees, to immediately transfer all of seller's right to the respective domain name to Us and We agree to pay the Seller the final sales price less agreed upon commission.
19. We may offer from time to time, certain types of domain name transactions, such as "Make an Offer", "Buy Now", and "Lease to Own". All such transactions are directly between the buyer and seller with Us facilitating the transaction. Each such type of transaction is subject to the specific terms and requirements specified when selecting such transaction via Our website platform. We do not represent nor warranty that any features associated with the aforementioned transaction types will necessarily continue to be available.
20. Sellers may set "Buy Now" prices and "Lease to Own Terms" and are solely responsible for carefully reviewing, selecting, and entering those terms on Our platform.
21. For "Price Requests" when selected by a seller, we make no representation or warranty that you will receive any requests or particular volume of requests. For buyers, we make no representation or warranty that a seller will respond to your request or respond within any particular period of time.
22. For "Lease to Own Transactions" that involve a term of longer than one (1) year, We may charge a service fee and/or apply a commission discount for managing the transaction over the lease term. Commissions on leases longer than a year are built into the monthly lease price. Buyers may select a lease term of up to sixty (60) months. For more information on how long-term lease fees and commissions work, please consult our FAQ.
23. Lease to own transactions are sometimes aborted because a buyer who fails to make payment as required. The deadlines for making payment as specified in the Lease to Own Terms that you agree to with the other party and/or as indicated on Our platform. Under no circumstances shall We be liable for the failure of a lessee to make the required payments on time or at all. Buyers who breach Lease to Own terms may be liable to the seller for breach of contract and will forfeit all monies paid along with any right to use and/or purchase the domain name.
24. You acknowledge and agree that transfers of domain names may be subject to delay or locks imposed by a registrar and/or the Internet Corporation for assigned names and numbers and in no way shall We be liable for delays or inability to transfer a domain name.
25. You acknowledge and agree that all domain names are subject to registration agreements with the applicable registrar and that you are required to enter into a registration agreement when acquiring a domain name through Our Site. Such registration agreements contain terms and conditions which where applicable, are incorporated herein by reference.
26. You acknowledge and agree that in order to facilitate the transfer of a domain name, we may require that you as seller or lessor, transfer the domain name to us or our designated agent and/or registrar. Registrars may charge transfer or registration and/or renewal fees when transferring a domain name and you are responsible for all such fees unless specified otherwise. If you are required as part of a transaction to transfer the domain name to a registrar designated by Us it may be held in an account exclusively controlled by Us for the duration of the transaction however it may remain registered in the seller's name with title remaining in the seller's name until such time as the transaction is completed and title is passed to the purchaser. Notwisthanding the foregoing, We may change the email contact address for the registrant and/or admin contact to an email address designated by Us for the duration of the pending transaction while it remains in a registrar account controlled by Us. By placing such domain names in accounts controlled by Us, We are able to provide security for the transaction and ultimate transfer of the domain name.
27. Please refer to our "Pricing" section on Our Site located at: [Insert] which sets out additional terms and conditions applicable to purchase, sale, and lease transactions as well as the associated fees and charges for same. The terms and conditions pertaining to "Pricing" are incorporated herein by reference and are subject to change without notice. By using the Services available via Our Site, you agree to all applicable terms and conditions pertaining to "Pricing" and the related fees and charges set out therein from time to time.
28. In the event that a dispute arises in connection with a domain name that is subject to a pending lease transaction or a pending purchase and sale transaction, such as a Uniform Dispute Resolution Policy proceeding, ACPA lawsuit, or other legal proceeding, such dispute is solely between such third party and the registrant of the Domain Name, i.e. the seller, until such time as title is passed to a purchaser, notwithstanding that the domain name may be in an account controlled by Us at a designated registrar and notwithstanding that a buyer has entered into an agreement with the seller in respect of the domain name and/or has made partial or total payment in respect of the domain name, until such time as the domain name is transferred to the buyer.
29. A buyer may accelerate lease payments if the terms of the particular lease permit same, subject to payment of all applicable fees and charges.
30. A lessor retains full title to the domain names notwithstanding the lease of the same to the lessee subject only to the right only to use the Domain Names in accordance with the terms of the lease and the terms set out herein.
31. The lessee shall be entitled to direct Us to set the DNS settings for the domain name from time to time. The lessor shall be responsible for payment of all registration and renewal fees for the domain names throughout the lease term.
32. The lessee, in its use of the domain names, shall comply with all applicable laws and regulations, whether state, provincial, federal, national or international (including but not limited to the ICANN UDRP), which apply to the use by the lessee of the domain names. The lessee shall use the domain names only for lawful purposes and shall not infringe upon the rights, including but not limited to the trademark rights of third parties. The lessee shall promptly notify the lessor and US of any claim, demand, threat, notice, or legal proceeding, arising in any way from the lessee's use of the domain name or the lessor's registration of the domain name, that lessee receives or becomes aware of. The lessor retains the right to terminate the lease if the lessee uses the domain name in any manner which materially jeopardizes the lessor's ownership of the domain name, exposes the lessor to material risk or damages, or is not in compliance with any laws or regulations, worldwide.
33. The lessee shall indemnify and save harmless the lessor and Us against all damages, losses or liabilities which may arise in respect of the lessee's use and operation of the domain names throughout the lease term and such indemnity shall survive the expiration or termination of the lease term by three (3) years.
34. It is solely up to the lessor and lessee as well as any buyer and seller to enter into an agreement in respect of their transaction, between themselves to the extent that these terms do not reflect their desires or interests in respect of the transaction and We take no responsibility for facilitating same. Each party to a transaction should obtain independent legal advice as well as tax advice before entering into any transaction.
35. All lease payments are nonrefundable. Failure to pay a lease payment as required will result in termination of the lease, restoration of control of the domain name and associated DNS to the lessor, and forfeit of all fees, payments, and/or charges by the defaulting lessee.
Intellectual Property Rights
1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable intellectual property laws and treaties.
2. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use or reproduce Content from Our Site.
3. You may:
  1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
  2. Download any Content where We have provided a link enabling you to do so;
  3. Download portions of Our Site (or any part of it) for web browser caching purposes only;
  4. Save pages from Our Site for later and/or offline viewing.
4. You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
5. You may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so.
6. DOMAINEASY™, our logos and our other registered and unregistered trademarks are trademarks belonging to us. we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
7. The third party registered and unregistered trademarks or service marks on our Site are the property of their respective owners and, unless stated otherwise in these terms and conditions. We do not endorse and are not affiliated with any of the holders of any such rights and as such We cannot grant any licence to exercise such rights.
8. Copyright infringement notices. To file a copyright infringement notification with Us relating to Content on our Site you will need to send a written communication that includes substantially the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9. To expedite our ability to process your request, such written notice should be sent to our designated agent at [email protected].
10. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
11. YOU ACKNOWLEDGE AND AGREE THAT ALL DOMAIN NAMES, DOMAIN NAME LISTINGS, BIDS, OFFERS AND COUNTER-OFFERS, OF ANY AND ALL KINDS, ON OUR SITE ARE OWNED, POSTED AND TRANSFERRED BY THIRD PARTIES; ARE NOT OUR PROPERTY AND THAT WE DO NOT MONITOR, REVIEW, ENDORSE, SPONSOR, WARRANTY OR GUARANTEE SUCH LISTINGS IN ANY WAY WHATSOEVER FOR GOOD TITLE, TRADEMARK, OR ANY LEGAL VALIDITY OR CAPACITY. DOMAIN NAMES ARE SUBJECT TO TRADEMARK AND OTHER LAWS AND PRIOR TO YOUR PURCHASE OF ANY NAME, YOU SHOULD HIRE AN ATTORNEY TO PROPERLY PERFORM LEGAL DUE DILIGENCE ON THE NAME TO REVIEW THE LEGALITY OF YOUR INTENDED USE OF THE NAME.
12. ANY AND ALL USE OF OUR SITE, SALES AND BIDS ON DOMAIN NAMES, AND OTHER SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS, HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF OUR SITE, LISTINGS OF DOMAIN NAMES FOR SALE ON THIS SITE, THE BIDS MADE THROUGH OUR SITE, AND ALL SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Links to Our Site
1. You may link to Our Site provided that:
  1. you do so in a fair and legal manner;
  2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
  3. you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
  4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
2. You may link to any page of Our Site however the link may not work or may revert to another page on Our Site.
3. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
4. You may not link to Our Site from any other site the main content of which contains material that violates any provision of the Terms of Use and Agreement, and without limiting the generality of the foregoing:
  1. is obscene, deliberately offensive, hateful or otherwise inflammatory;
  2. promotes violence;
  3. promotes or assists in any form of unlawful activity;
  4. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
  5. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  6. is calculated or is otherwise likely to deceive another person;
  7. is intended or is otherwise likely to infringe (or to threaten to infringe) another person's privacy;
  8. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Section 6.4);
  9. implies any form of affiliation with Us where none exists;
  10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
  11. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Links to Other Sites and Affiliated Sites
1. Links to third-party sites may be included on Our Site. These sites may not be under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to a third-party site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Disclaimers and Legal Rights
1. In addition to all other disclaimers that exist in the Terms of Use; Nothing on Our Site constitutes advice on which you should rely. It is provided for informational purposes only.
2. We do not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
3. To the extent that Our Site and the information and services on Our Site are provided free of charge, we will not be liable for any loss or damage of any nature.
4. We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 8.3 shall not apply.
5. You accept that We have an interest in limiting the personal liability of Our officers and employees and, having regard to that interest, you acknowledge that We are a limited liability entity; you agree that you will not bring any claim personally against Our officers or employees in respect of any losses you suffer in connection with Our Site or these Terms of Use.
Liability
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE WEBSITE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR FOR SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OUR WEBSITE, EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
Release
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF, OR RELATED TO, YOUR USE OF OUR WEBSITE. YOU EXPRESSLY WAIVE ANY RIGHTS THAT YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
No Warranties
1. THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
Legal Compliance
1. We reserve the right to comply or cooperate with any law enforcement agency and without limiting the generality of the foregoing, to reveal and disclose your User Content including personally identifiable information and message if we receive a legal document such as a search warrant, subpoena, court order, or similar document or if we become aware of any User Content which may violate any applicable law, to report same to the appropriate authorities without notice to you.
2. As a condition of using Our Site, you warrant and represent each of the following to other Users and to Us about your listings: (a) your domain name registration is in good standing; (b) you are not in breach of any obligation to the registrar or registry with regard to the domain name (both referred to as the "registrar"); (c) all registration fees have been paid in full; (d) the registration has not been pledged to any third party, has not been mortgaged, is not the subject of any security interest granted to any third party, has not been licensed and has not otherwise been the subject of any express permissions to use or to link; (e) you are an authorized contact on the registration and have sole and exclusive authority to authorize transfer of the registration free of any claim of any kind and to execute such documents as will be recognized by the registrar to effect a transfer of the domain name or that you have express permission by such contact to act as an agent for such contact; (f) the registration and domain are free from any notice or claim asserted or threatened by any third party claiming infringement of any trade name, trademark, service mark, copyright, or license of any person or organization; (g) the registration is not the subject of any suspension or dispute procedure by any registrar or of any arbitration or other dispute resolution procedure; (h) you hold no trademark, trade name, or other proprietary commercial interest in the domain name, will assign all such rights to any User purchasing the domain name upon request without charge and will hereafter make no objection to the purchaser's registration or use of the domain name; (i) to the best of the your knowledge, neither the domain name nor the registration infringe any third party's copyright, patent, trademark, or other proprietary rights; (j) the registration does not violate any law, statute, ordinance or regulation; (k) the domain name is not defamatory, obscene, vulgar, glorifies an illegal act, sexually explicit, encourages terrorism, trade libelous, unlawfully threatening or unlawfully harassing; (l) the domain name does not include: (1) registered trademark(s) or company name(s) (including misspellings or other marks or names confusingly similar thereto); (2) words alluding to the ingestion of illegal substances; (3) vulgar or obscene language; (4) language associated with any illegal enterprise (including online gaming) or that advocates or glorifies any illegal act; or (5) language that is sexually explicit or of a pornographic nature; and (m) you agree to cooperate with Us in the transfer of any domain name sold through Our Site. You agree to advise Us, and any other User with whom you are engaged in a transaction, immediately in the event that you become aware of any claim of infringement or any trademark, trade name, service mark, copyright or other right described in this paragraph.
Our Liability
1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, any domain name bought or sold through Our Site, or the use of or reliance upon any Content included on Our Site.
2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
3. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
4. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
5. You hereby indemnify Us, and undertake to keep us indemnified and held harmless, from and against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in settlement of a claim or dispute) incurred or suffered by Us and arising directly or indirectly out of your use of Our Site or any breach by you of any provision of these Terms of Use.
Viruses, Malware and Security
1. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
2. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
3. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
4. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
5. By breaching these provisions you may be committing a criminal offence and any and all such breaches may be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
6. You must not:
  1. use Our Site in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
  2. use Our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. hack or otherwise tamper with Our Site;
  4. probe, scan or test the vulnerability of Our Site without our permission;
  5. circumvent any authentication or security systems or processes on or relating to Our Site;
  6. use Our site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  7. impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
  8. decrypt or decipher any communications sent by or to Our Site without our permission;
  9. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Site without Our express written consent;
  10. access or otherwise interact with Our Site using any robot, spider or other automated means, except for the purpose of search engine indexing;
  11. use Our Site except by means of our public interfaces;
  12. violate the directives set out in the robots.txt file for Our Site;
  13. use data collected from Our Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
  14. do anything that interferes with the normal use of Our Site.
Acceptable Usage Policy and Termination
1. You may only use Our Site in a manner that is lawful and that complies with the Terms of Use and Agreement. Without limiting the foregoing,
  1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
  2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
  3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
  5. Collect user names or email addresses of Users of Our Site for the purpose of sending unsolicited communication.
  6. Make any statements that you imply are endorsed by Us without our prior written consent.
  7. Direct any Users to another service or website through Our Site.
2. Termination. We may cancel or terminate your right to use Our Site or any part of Our Site at any time without notice. In the event of termination you are no longer authorized to access the part of Our Site affected by such termination or if applicable, at all. The restrictions imposed on you and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive.
3. We reserve the right to investigate and, if appropriate, suspend or terminate your Account without a refund if you have violated the Terms of Use, m or behaved (whether on or off Our Website) in a way that we regard as inappropriate or unlawful in our sole unfettered discretion. We reserve the right to make use of any technological, legal, or other means available to enforce these Terms at any time, without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Website.
4. We reserve the right to suspend or terminate your access to Our Site for any reason in our sole and unfettered discretion, including but not limited to if you materially breach the provisions of this Section 15 or any of the other provisions of the Terms of Use. Specifically, We may take one or more of the following actions:
  1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
  2. remove any Content submitted by you that violates this Acceptable Usage Policy;
  3. issue you with a written warning;
  4. take legal proceedings against you for reimbursement of any and all relevant costs on a full indemnity basis resulting from your breach;
  5. take further legal action against you as appropriate;
  6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  7. any other actions which We deem reasonably appropriate (and lawful).
5. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
6. Except as expressly permitted by the Terms of Use, you must not edit or otherwise modify any Content on Our Site.
7. Unless you own or control the relevant rights in the Content, you must not:
  1. republish material from our Site (including republication on another website);
  2. show, share, transmit, reproduce, or disclose any Content, including User Content and Unlocked Content, from Our Site in public or with another person who is not a Member or who was not the intended and authorized User or recipient of such material;
  3. exploit material from our website for a commercial purpose; or
  4. redistribute material from our website.
Privacy and Cookies
1. Use of Our Site is also governed by Privacy Policy which includes Cookies, available at: https://www.DomainEasy.com/privacy. This policy is incorporated into these Terms of Use by this reference.
Data Protection
1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of our Privacy Policy.
Communications from Us
1. If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, your purchase of Credits, changes to these Terms of Use, and changes to your Account.
2. By agreeing to the Terms of Use, you consent to receiving communications and marketing emails. Any and all marketing emails sent by Us include an unsubscribe link.
3. For questions or complaints about communications from Us please contact Us at https://www.DomainEasy.com/contact.
Publicity
1. You acknowledge and agree that We have the right to make public and share with third parties certain information in connection with the offer, sale or purchase of domain names on Our Site, including but not limited to (a) the name of the domain name offered, sold or purchased, (b) the offer, sale or purchase price of the domain name offered, sold or purchased, and (c) information relating to the timing of the offer, sale or purchase.
Changes to These Terms of Use
1. We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Contacting Us
1. To contact Us, please see https://www.DomainEasy.com/contact.
Law and Jurisdiction
1. Due to the nature of the Internet, it is not possible for Us to restrict access to Our Site only to only certain jurisdictions. Some or all of the services offered on or through, or advertised on Our Site may not be eligible for provision, solicitation, and/or display in your jurisdiction. If you are accessing Our Site from such a jurisdiction, you should not consider anything on Our Site as an offer to provide, display or as a solicitation to the public to purchase any product or service from or through Our Site. Our Site is for use only by persons residing in jurisdictions where such products and services are legal.
2. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of the Province of Ontario and the laws of Canada applicable therein.
3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. By accessing and using Our Site you hereby irrevocably consent to the jurisdiction and venue of Toronto, Ontario for any dispute between you and Us arising from or related to Our Site.
4. UK and EU. If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in the Terms of Use affects your rights as a consumer to rely on any such mandatory provisions of local applicable law.
5. Moral Rights. If you are a resident of any jurisdiction where moral rights may not be assigned or waived, the moral rights to your User Content shall not be assigned or waived.
6. California. If You are a California resident, you waive California Civil Code Section 1542, which says as follows:
  "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor".
  Under California Civil Code Section 1789.3, Our contact information is set out above. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs here:https://www.dca.ca.gov/about_us/contactus.shtml
7. Australia. You consent to the transfer to and processing of your information in the any jurisdiction throughout the world and you acknowledge that other jurisdictions (including Macedonia) may not have privacy protections equivalent to the Australian Privacy Act 1988. You may not have a remedy against Us as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act may apply
Assignment
1. You hereby agree that We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under the Terms of Use.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the Terms of Use.
Severability
1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
1. A contract under these terms and conditions is for Our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Entire agreement
1. These terms and conditions, together with our Privacy Policy and all other agreements and polices referenced herein and incorporated by reference, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.