In this Agreement, “customer”, “user”, “you”, and “your” refer to each customer or user and “DomainAgent.com”, “we”, “us”, and “our” refer to DomainAgent.com, a service of ehorizon llc., a limited liability company in Virginia, USA.
This Agreement as described will apply in full force and effect to your use of this Website. You expressly accept all Terms and Conditions contained herein full. Your use of this web site signifies that you have read, understand, acknowledge and agree to be bound by Agreement.
DomainAgent.com provides services to facilitate the buying and selling of currently registered domain names, developed websites, or both. DomainAgent.com may not be the owner of the domain names or websites listed on the website. As a result, DomainAgent.com has no control over the quality, safety or legality of the domain names or websites listed. Listing may be withdrawn at any time by Seller or by DomainAgent.com.
DomainAgent.com can use Escrow.com as a designated escrow agent to reduce the risk of fraud. In such cases, Escrow.com will act as a trusted third-party that collects, holds and only disperses funds when both Buyers and Sellers are satisfied.
You acknowledge and agree that DomainAgent.com is not acting as a bank, trustee, or escrow agent with respect to your funds. DomainAgent.com is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by the buyer or seller or failure of the buyer or seller to complete the transaction. Buyer does not obtain any rights in the registration of a domain name until completion of the transaction.
We reserve the right to screen domain names or websites prior to listing and we may exclude, in our sole discretion, any domain name or website for any reason, including, but not limited to: a) violation of these Terms & Conditions or other Terms of Service; or b) infringement, or potential infringement, of a third party intellectual property right.
Sometimes domain name or website listing may include traffic data and a valuation amount. The traffic data and valuation are provided by the seller and are for informational purposes only.
- Seller Responsibilities
Seller agrees that upon conclusion of brokerage, Seller will promptly follow the escrow process through the link provided by DomainAgent.com.
Seller agrees that upon conclusion of auction or brokerage, Seller will pay the necessary fee described on the DomainAgent.com website.
Seller must disclose to DomainAgent.com any facts regarding the domain or website that may have arisen or of which Seller becomes aware before, during or after submission of a name for inclusion in an Auction.
Seller shall not submit for sale domain name or website (i) which may infringe upon or violate the intellectual property rights of other persons, (ii) for which Seller does not have right, title and interest to, or the authority to sell to third parties free and clear of all liens, claims, encumbrances, licenses and security interests, or (iii) which are the subject of litigation, arbitration, claims, disputes or other legal proceeding, either pending or threatened, or if so submitted, paying to DomainAgent.com any applicable fees due DomainAgent.com;
Seller shall not solicit the sales of domain or website outside of the DomainAgent.com for the purpose of circumventing fees that would otherwise be due to DomainAgent.com.
- BUYER Responsibilities
Buyer agrees that offers or negotiations through features DomainAgent.com is genuine and that the buyer intent to buy the domain or the website.
You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all Terms and Conditions herein, including the ICANN UDRP and any other applicable Registry specific dispute policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the Agreement and that he or she has apprised you of all terms and condition of this Agreement.
- DISPUTE POLICY
You agree to be bound by Internet Corporation for Assigned Names and Numbers Uniform Domain-Name Dispute-Resolution Policy (the “ICANN UDRP”). The current version of the ICANN UDRP may be found at ICANN’s Web site: www.icann.org. You may also be subject to additional Registry specific dispute policies and you agree to be bound by those, as otherwise indicated in the Terms and Conditions with those registries.
- WEBSITE TERMS AND CONDITIONS
You agree that you are bound by all DomainAgent Website Terms and Conditions, including but not limited to INTERLLECTUAL PROPERTY RIGHTs AND RESTRICTIONs, USER CONTENS, and DISCLAMERS. The DomainAgent Website Terms and Conditions may be found here<Link>.
- LIMITATION OF LIABILITY
To the maximum extent permitted at law, none of DomainAgent.com, its employees, partners, service providers, contractors, and the registry will be liable for any direct, indirect, incidental, special or consequential damages resulting in any way from the Agreement or your use or inability to use any of DomainAgent.com services.
You hereby indemnify to the fullest extent DomainAgent from any losses, damages, costs, liabilities and expenses arising out of or in any way related to your breach of any provisions of this Agreement.
DomainAgent shall be permitted to assign, transfer, and subcontract its rights and/or obligations under this Terms and Conditions without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights under this Agreement. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.
- GOVERNING LAW AND JURISDICTION
You agree that this Agreement and any disputes hereunder with DomainAgent.com will be governed in all respects by and construed in accordance with the laws of Virginia, USA. You also agree that any disputes during the use of escrow.com process will be governed in all respects by and construed in accordance with the Escrow law of California, USA.