Terms of Sale and Terms of Service
These
Terms of Sale ("Terms of Sale") are by and between
GREATDOMAINSMARKETPLACE.COM and you, your heirs, agents, successors and
assigns
(collectively, "Buyer"), each side a "Party" and
together, "the Parties". These Terms of Sale set forth the terms and
conditions of
Buyer's purchase of one or more Internet
domain names (each, a .Domain Name.) through
GREATDOMAINSMARKETPLACE.COM. Buyer understands and agrees
to
the GREATDOMAINSMARKETPLACE.COM's General Terms of Use ("TOU"), which
are incorporated herein fully by reference. Any capitalized terms usedÂ
herein and not otherwise defined shall have the meanings assigned to them in the TOU.
Buyer
agrees to pay the Total Price listed for the Domain Name(s) selected
for purchase. GREATDOMAINSMARKETPLACE.COM agrees to email Buyer
detailed
instructions (including a password or registry key) for permanently
transferring control of the Domain Name(s) within 7 business days
of
cleared payment from Buyer. If there is a delay in the transfer process
for any reason, GREATDOMAINSMARKETPLACE.COM will notify Buyer, either
via email or phone,
of the transfer status within 72
business hours. Buyer acknowledges that the transfer process for the
Domain Name(s) must comply with
ICANN accreditation policies
and procedures. Information regarding ICANN and registrar policies and
procedures can be found at
www.icann.org.
To the
extent allowed by the law, Buyer agrees to indemnify, defend and hold
GREATDOMAINSMARKETPLACE.COM and the GREATDOMAINSMARKETPLACE.COM Related
Parties harmless from any and all liability or claims or controversies
that may arise due to the sale of the Domain Name(s) or which may arise
out of or in connection with these Terms of Sale.
GREATDOMAINSMARKETPLACE.COM and Buyer each represent to the other that
it has full authority to enter into this these Terms of Sale and perform
its obligations hereunder. Buyer agrees to take control of the Domain
Name(s) within seven (7) days of sale, and Buyer acknowledges that it is
solely responsible for renewing the Domain Name registration with the
registrar of record prior to the expiration date listed in "WHOIS". The
registrar of record can be determined by searching at
http://registrar.verisign-grs.com/whois/. A WHOIS lookup can be found at
www.whois.org, among other places.
Buyer represents
that it does not hold or assert any trademark, trade name, copyright, or
other intellectual property right in or to the Domain Name(s), or any
portion thereof, that is the subject of these Terms of Sale. In the
alternative, if Buyer does now or intends to in the future hold or
assert such rights, Buyer does, on its own behalf, and on behalf of any
person Buyer represents, hereby waives any such claims and forever
releases GREATDOMAINSMARKETPLACE.COM and the GREATDOMAINSMARKETPLACE.COM
Related Parties from any and all claims arising from such rights. To
the extent that such waiver and release of claims is determined to be
invalid in whole or in part for any reason, Buyer agrees that its remedy
in any dispute with GREATDOMAINSMARKETPLACE.COM shall be limited to
return of the price Buyer paid for the Domain Name that is the subject
of these
Terms of Sale.
Buyer represents that it does not act on behalf of any other person asserting such rights.
GREATDOMAINSMARKETPLACE.COM
reserves the right to rescind and/or make null and void the sale of any
Domain Name(s) if Buyer fails to take control of the Domain Name(s), in
accordance with the instructions provided, within 90 days of the sale
of the Domain Name(s). ALL DOMAIN NAME SALES ARE FINAL and may be
subject to prior sale.
This Agreement shall
be interpreted and enforced in accordance with relevant international
laws, ICANN policies and procedures. The prevailing Party in any such
action shall be entitled to recover its reasonable attorneys' fees,
costs and disbursements incurred in connection therewith.