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Domain Names Rental
Terms of Use:
Last update: November 21st, 2011
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING WWW.RENTSDOMAIN.COM SITE. BY ACCESSING AND/OR USING THE SITE YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE. DO NOT USE THE SITE OR PURCHASE ANY PRODUCTS AND/OR SERVICES IF YOU DO NOT AGREE WITH THESE TERMS OF USE.
These Terms and Conditions ("Terms of use") are a rules for using of the www.RentsDomain.com website (the "Site). BY ACCEPTING THESE TERMS, YOU AGREE THAT THESE TERMS OF USE ARE SUPPORTED BY GOOD CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH YOU HEREBY ACKNOWLEDGE. The consideration includes, but not limited to, your use of the site, materials and information available on the same and the possibility of publication or publicity of your User Content. In addition to these Terms of Use, we have established a Privacy Policy to explain how user information is collected, and is incorporated by reference into these Terms of Use.
Domain Publishers / Sellers / Renters - "Contractors", Buyers, Tenants
Domain Marketplace Rules and Requirements:
At all times Buyers and Sellers remain bound by the terms and conditions of this Agreement and the policies related to buying and selling domains on the RentsDomain.com Domain Marketplace found in the Policies section of the Site. Each RentsDomain.com User is limited in the number of Domain negotiations ("Open Bid Threads") in which they may participate simultaneously, depending on their user account certification status. RentsDomain.com makes no representations or warranties regarding the features of Domains listed in the Domain Marketplace. This shall apply particularly, but not exclusively, to visitor statistics, traffic statistics, and the precise alphanumerical composition of a Domain.
Domain Listing Options:
Sellers have more listing options when offering Domains on the Domain Marketplace: Buy Now or Rent Domain.
Sellers may submit a 'Buy Now' Domain listing by submitting or updating their Domain listing to include a fixed price that serves as an open-ended offer to Buyers on the Domain Marketplace to sell the Domain at the indicated price. This offer to sell the Domain at the indicated price shall remain binding for so long as until Seller send a cancelation request of the listing. Sale prices indicated in Buy Now listings are considered to be the end price for the Buyer including any applicable taxes.
Each listing at RentsDomain.com are listed for Rent. The publisher is responsible to set the rental price, available terms of rental contract, and rental payment terms.
General Terms Applicable to all Listing Types
The following Domain listing requirements and obligations apply to your use of RentsDomain.com Domain Marketplace and Rental Platform:
(a) Buyer / Tenant and Seller /Owner, agree to fill out the registration form completely and accurately. The Domain Seller / Owner must be the verified owner of the domain name listed for sale or rent. Unless the domain owner has a privacy shield for WHOIS database purposes, information provided within the Insertion form, must correspond to the information contained in the WHOIS database.
(b) Should the registration of a Domain that is the subject of a purchase and sale transaction, or rental contract, be in risk of expiring with its relevant Domain registrar, or if the expiration date lies within the next sixty (60) days from the date when an agreement is made for the purchase / sale or rental agreement of the Domain, Seller / Owner agrees to renew the Domain registration and is solely responsible for any costs or fees associated with such renewal. Buyer / Tenant Seller / Owner are each respectively responsible for any related fees charged by his/her registrar and/or service provider.
(c) Domains are the result of, and are subject to, all of the conditions, limitations, and restrictions contained in Domain registration agreements between the Seller / Owner and a third-party Domain registrar or other service provider. As such, the transferability of Domain registration may be limited, prohibited, or otherwise subject to conditions imposed by the Domain registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant Domain registrar or service provider. When referencing a Domain as the object of a purchase / sale or rental transaction within these terms, Domain shall refer to any rights the Seller / Owner may possess with regard to the registration of a particular Domain under its Domain registration agreement with a Domain registrar. Any content or material associated with a developed website that is the object of a purchase / sale or rental agreement must be materially described in writing to be subject to the relevant purchase / sale or rental agreement.
(d) As a Seller / Owner of a Domain listed on the Domain Marketplace, you represent and warrant that: (i) you have registered the Domain with the appropriate Domain registrar or other registration authority; (ii) your registration of the Domain 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 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 is not the subject of any legal disputes or proceedings challenging your right to register or use the Domain; (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 / Renter. You will not, under any circumstances, list or transfer the rights to any Domain that you do not have sufficient rights to transfer, or that is illegal to transfer under applicable law.
(e) The Seller / Owner agrees not to list any Domains that violate our Privacy, Policy, which is hereby incorporated by reference. RentsDomain.com may refuse to list, or remove the listing for, any Domain which, in RentsDomain.com sole discretion, may potentially infringe or violate the proprietary rights of any third person or any other Domain, or which, in RentsDomain.com sole discretion, is inflammatory, offensive, inconsistent with RentsDomain.com general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party.
(f) The Seller / Owner of a Domain agrees not to enter a bid for his/her own offer and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to Buyer / Tenant during the course of negotiation or which are measured and displayed by RentsDomain.com.
(g) You will not yourself, nor will you allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Services.
(h) You understand and agree that RentsDomain.com comment system cannot be used to communicate with the Buyer / Tenant and/or Seller / Owner with the purpose of circumventing RentsDomain.com user agreement and/or to alter/augment sales of domains, commission, or alter the terms of the purchase and sale.
(i) The Seller / Owner agrees to keep any data they have added to the Domain Marketplace up-to-date to send us such an important changes data. If a Domain has been sold, he/she is to cancel listing. Furthermore, the Seller / Owner agrees to cancel a Domain from the Domain Marketplace immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing. This shall apply until legal clarification of the situation has been made.
Our Fees:
Except as otherwise stated, submitting a Listings or creating a user account with RentsDomain.com is free. We do charge fees for our online and offline services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to your ability to access or use the Site and Services or your activity conducted through the Site. RentsDomain.com may, in its sole discretion, add, delete or change any of the Services provided or fees charged by RentsDomain.com. Our standard fees and any changes will be posted to our Price List, and the applicable Services and fees will be binding on the effective date noted on the Price List. No advance notice is required for any prospectively effective change in Services offered or fees charged therefore.
Unless otherwise stated, all fees and currency amounts are quoted in United States Dollars. The fees charged for RentsDomain.com services that are specified by RentsDomain.com are considered to be end prices and are understood to include any applicable taxes.
Domain determination:
Domain name listed for rent and/or for sale at RentsDomain.com, may be determined, if:
- We find an issue against our Terms of Use, or Privacy, Policy.
- We receive a complaint about potential Trademark conflict.
- Domain name is not listed by Owner, who has the full right to the domain name.
- Domain name has expired.
- Domain name was NOT registered, but stolen.
In such an issues we have the right to remove such a domain names, without previous notification of the domain Publisher.
Rental transaction:
We provide the necessary contract to both, the domain Owner and the Tenant. While RentsDomain.com receives signed contract by both, the domain Owner and the Tenant, we ask the Tenant for a 10% deposit payment of the annual rent. The deposit payment must be made within 5 business days to RentsDomain.com. After the deposit payment is received, the domain Owner is requested and responsible to change the name servers of the domain name to the Tenant's selected hosting provider, within 5 business days. After the name servers are changed and the domain name is available for the Tenant, the Tenant is requested and responsible to make the rest of the annual payment (less of the 10% deposit, which belongs to RentsDomain.com as the commission), to the domain Owner, within 5 business days. If the contract is signed for more then one year, the Tenant is responsible to make another annual payment, within 7 business days before the previous annual prepaid period ends, in full annual payment, as stated in the contract.
RentsDomain.com has the right to receive a commission from every annually payment (if contract signed for more then one year), made for the domain name, in the entire existence of the contract, provided by RentsDomain.com. Such a commission, must be paid by the domain Owner within 7 business days after a new annual rent payment is received from the Tenant. The domain Owner is responsible to create an invoice for the each annual payment to the Tenant. The domain Owner is responsible to maintain the domain safe and renew the domain name for the entire existence of the contract with the tenant. The domain Owner can NOT change the name servers of the domain name, as soon as the rent is paid by tenant. The domain owner can NOT change the registrar of the domain in the existence of the contract as soon as the rent has been paid. The domain owner can NOT increase the rental payment in the entire existence of the contract with the Tenant. The domain Owner may sell the domain name to the Tenant only, is the existence of the contract as soon as the rental payment has been paid.
The rental price is locked up for the entire existence of the contract. RentsDomain.com is not responsible for unpaid rental of new annual period.
Sales transaction:
Domain name sales transaction is partly provided by RentsDomain.com and by an independent escrow company. Some domain names may have an option "Buy instantly" and/or "Buy request" to order an escrow service.
1. Buy instantly: For security reason, this option is for all domain names owned by RentsDomain.com only!
The Buyer is being transferred to PayPal instant payment page. The payment is made directly to the RentsDomain.com.
After payment is received, we will send an Authorization code to the Buyer, within 5 business days, or push the domain name directly to the Buyer's account, if the Buyer has the same registrar, and this option of transfer is selected by the Buyer.
NOTE: WE MAKE NO WARANTY AND / OR GUARANTEE FOR THE SAFE OF THIS PAYMENT METHOD, HOWEVER PAYPAL IS A TRUSTED PAYMENT PROVIDER. FOR MORE INFORMATION, PLEASE READ THE TERMS OF USE AND PRIVACY, POLICY OF PAYPAL.COM
2. Buy request: This is a form to order an escrow service.
If we receive a Buy request from a Buyer, we will notify the domain name Seller. The Buyer is responsible to make a deposit payment of 10%. After the deposit is received by RentsDomain.com, we will order an escrow service by an independent escrow company. The Seller will receive a request to transfer the domain name to the selected escrow company. The Buyer is requested to make the rest of the payment (less of the 10% deposit). The selected escrow company is now responsible for the transfer! The domain name is transferred to the Buyer by the escrow company and the sales price, (less of the 10% deposit, received by RentsDomain.com, which is the commission of RentsDomain.com) is send to the Seller by the selected escrow company. Seller is responsible for the escrow company's fees. The escrow fee is NOT included in RentsDomain.com sales commission! RentsDomain.com is not responsible for the domain transfer of an Escrow company!
NOTE: WE ARE NOT RESPONSIBLE FOR A TRADEMARK CONFLICTS, OWNERSHIP RIGHTS ISSUES, OR ANY OTHER ISSUES OF A DOMAIN NAMES OF A DOMAIN OWNERS, LISTED, RENTED OR SOLD THROUGHT RENTSDOMAIN.COM.
General Terms (all visitors and/or users):
General:
Unless specified otherwise, RentsDomain.com offers you access to our sites solely for your personal and non-commercial uses. You agree to access our site only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to copy, distribute, transmit, perform, reproduce or publish any materials or information for any purposes, not included in our Terms of use and/or Privacy and policy.
Links to third parties:
RentsDomain.com Services may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. RentsDomain.com does not operate or control in any respect any information, software, products or services available on such web sites.
Errors and delays:
RentsDomain.com is not responsible for any errors or delays in responding to a referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
Mobile:
The Website may include certain services that may be available via your mobile phone, including, but not limited to, the ability to upload to the Website via your mobile phone, the ability to receive and reply to messages and to send content and messages using text messaging, and the ability to access the Website from your mobile phone. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGRE THAT YOUR USE OF RENTSDOMAIN.COM, AND ALL SERVICE OF OUR SITE AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” BASES. NO WARANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, CORRECTNESS, SUFFICIENCY, VALUE, COMPLETENESS, OR TIMELINESS OF OUR SERVICE, INCLUDING, BUT NOT LIMITED TO, TO THE IMPLIED WARANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. RENTSDOMAIN.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. RENTSDOMAIN.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
Limitation Of Liability:
IN NO EVENT SHALL RENTSDOMAIN.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, INCLUDING, BUN NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE RENTSDOMAIN.COM, AND ALL OTHER USE OF THE RENTSDOMAIN.COM, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
NO TRIAL BY JURY? TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.