FOLLOWING ARE THE TERMS ON WHICH TWNAM OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES.
This is the user agreement (the "Agreement" or "User Agreement") for your use of web sites owned or operated by, and services offered by, TWNAM.com. IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, before: (i) your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.
1. Eligible Users
Use of the Site and Services is restricted to persons: (a) at least 18 years old, and (b) You have legal status for selling or buying domains in the country you reside.
2.1. User Accounts
If you violate the Acceptable Use terms described herein, TWNAM may, in its sole discretion, with or without notice, terminate your access to the Site and Services.
You are allowed to create one (1) user account with TWNAM. Your right to use the Site is personal to you.
As a condition of your use of the Site, you warrant to TWNAM that you will not use the Site for any purpose that is unlawful, or prohibited by this Agreement.
In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 1, Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site (all such information collectively referred to as "Your Information"), and (c) you will update TWNAM to ensure that Your Information remains accurate and complete.
2.2. Use of the Site and Services
You may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or programs); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause TWNAM to violate any law, statute or regulation; (e)harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Domain in connection with your use of the Site that is confusing or misleading to other Users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any "junk email," "Spam," "chain letters," "pyramid schemes," or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. TWNAM does not condone or allow Spam. TWNAM will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information.
2.3. Privacy and Confidentiality
Protecting your privacy and the personal information you provide us is a top priority at TWNAM. For this reason, TWNAM may sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At TWNAM, we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information.
You agree not to share any information provided to you by or on behalf of TWNAM with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by TWNAM via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.
TWNAM is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, TWNAM reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in TWNAM's sole discretion, without notice at any time.
2.4. Violations of Acceptable Use
TWNAM may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice.
You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by TWNAM, and for any use or misuse of your account or the Services or the Site resulting from any third party using a password or login name issued to you.
You agree that you will notify TWNAM immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.
3. TWNAM Fees
Except as otherwise noted, creating a user account with TWNAM is free. We do charge fees for our domain-related 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 (except for TWNAM's income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or your activity conducted through the Site. TWNAM may, in its sole discretion, add, delete or change any of the Services provided or fees charged by TWNAM. TWNAM's 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 Dollars. The fees charged for TWNAM services that are specified by TWNAM are considered to be end prices and are understood to include any applicable taxes.
4. Specific Services and Applicable Terms
The following terms and conditions pertain to particular Services offered by TWNAM or through the Site.
Among other Services, TWNAM and the Site serve as a trading platform as well as a separate auction platform to allow Users to offer to sell and buy Domains, complete web sites, and/or web-based businesses (collectively, "Domains"). TWNAM only gets involved in a resulting transaction to collect a fee for Services, or as otherwise agreed by all parties.
4.1. Online Domain Sales Platform
The following Domain listing requirements and obligations apply to your use of TWNAM’s Domain Marketplace and Auction Platform:
(a) The Seller agrees to set up a user account and to fill out the registration form completely and accurately.
(b) Domains are the result of, and are subject to all of the conditions, limitations, and restrictions contained in, Domain registration agreements between the Seller 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. The term "Domain" as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular Domain under its Domain registration agreement with a Domain registrar or other service provider as well as any content available at or through a particular URL.
(c) As a Seller of a Domain listed on the Domain Marketplace and/or Auction, 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 any, 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 that you do not have sufficient rights to transfer or that is illegal to transfer under applicable law.
(d) The Seller agrees not to list any Domains which violate TWNAM's Offensive Domain Name Policy, which is hereby incorporated by reference. TWNAM may refuse to list, or remove the listing for, any Domain which, in TWNAM's sole discretion, may potentially infringe or violate the proprietary rights of any third person or any other Domain, or which in TWNAM's sole discretion, is inflammatory, offensive, inconsistent with TWNAM's general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party.
(e) The Seller 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 during the course of negotiation or which are measured and displayed by TWNAM.
(f) 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.
(g) The Seller agrees to keep any data which he/she has added to the Domain Marketplace up-to-date. If a Domain has been sold, he/she is to remove it from the Marketplace. Furthermore, the Seller agrees to remove a Domain from the Domain Marketplace and/or Auction 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.
4.1.3.4. Legal Relationship as Between TWNAM, Buyer and Seller
TWNAM is neither owner of the Domains listed in the Domain Marketplace and/or Auction nor does it have any influence or control on the business conducted among Users of the Domain Marketplace and/or Auction. The responsibility for the content of Domain listings, including the accuracy of any statistics, whether measured and displayed by TWNAM or otherwise, lies exclusively with the respective Sellers, Buyers, and users.
TWNAM shall not be liable for legal transactions or other acts of Domain Marketplace and/or Auction users. This also applies to any violations of rights of a third party through the listing of a Domain in the Domain Marketplace and/or Auction, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights. Buyer and Seller agree that TWNAM shall not be held responsible for the failure of either party to a purchase and sale agreement to follow-through with their obligations under such an agreement and that TWNAM, as the neutral facilitator of the Domain Marketplace, Auction, and associated Services, shall not be subject to any claims arising from the attempted purchase and sale of Domains.
4.1.3.5. Rejected and/or Blocked Domain Listings
TWNAM reserves the right, at any time, to reject the listing of any Domains into our Domain Marketplace and/or Auction or to remove and blacklist Domain listings which have already been entered, without prior warning, without giving any reasons and at any time, especially in the case of User's violation of this Agreement, or suspected violation of rights of a third party concerning a Domain, or suspected violation of applicable laws.
4.2. Domain Transfer and Escrow Service
We do not provide Domain transfer or Escrow Service.
5. Liability Disclaimer and Indemnification
TWNAM is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by TWNAM or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the TWNAM Site. By providing access to other web Sites, neither TWNAM nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.
YOU AGREE THAT USE OF TWNAM'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. TWNAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TWNAM MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE TWNAM DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORIZED TO ASSIGN/LICENSE SUCH DOMAINS. TWNAM MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. TWNAM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES TWNAM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY TWNAM IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM TWNAM OR THROUGH THE SERVICES PROVIDED BY TWNAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
IN NO EVENT SHALL TWNAM, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). TWNAM'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD TWNAM AND (AS APPLICABLE) TWNAM'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
6. Intellectual Property
All content, database information, data and services available on, and collected as a whole through this Site are property of TWNAM, its affiliates, advertisers and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by TWNAM, its affiliates, advertisers, and licensors. TWNAM's licensors' or other third party materials, services or products referenced on this Site are common law or registered trade marks or service marks of such parties.
Solely to enable TWNAM to use Your Information, so that we are not violating any rights you might have in such information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. TWNAM will only use Your Information in accordance with our Privacy Policy.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify TWNAM's designated agent in writing and provide the following information; your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work. Pursuant to European Law, notifications of claimed copyright infringement should be sent to TWNAM's Designated Agent. See Section 10 (How to Contact TWNAM).
All contents of the Site are: Copyright © 2006 TWNAM.com,and/or its suppliers. All rights reserved.
7/. Term and Termination
Until and unless terminated by you or TWNAM, your status as an eligible or registered user will continue indefinitely, and fees for services will be charged as described herein (see Section 4, Fees). TWNAM may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice.
Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or TWNAM's systems. TWNAM is under no obligation to maintain any such data or information.
Your obligations pursuant to Section 3 (Acceptable Use), Section 4 (Fees), Section 6 (Liability Disclaimer and Indemnification), Section 7 (Intellectual Property), Section 8 (Term and Termination), and Section 9 (General) shall survive the termination of this Agreement and your right to use the Site.
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