Payment For Domains.
2.1 Creating an account with us and bidding on domain names at NameJet is free. If you are the winning bidder at auction, NameJet may, at its sole discretion, require you to tender payment for the domain name in the manner of its choosing, including but not limited to credit card, debit account, or wire transfer. All payments charged and collected by NameJet are non-refundable. We may choose to change our credits policy and such changes are effective when we post the changes on the Site. We may, in our sole discretion, change some or all of our services at any time. In the event we introduce a new service, any fees for that service are effective at the launch of the service. Unless otherwise stated, all payment must be made in U.S. Dollars. By using our services, you agree that you are responsible for making all payment associated with using our service and the Site and all applicable taxes and those payments are due immediately upon demand or may be charged to your credit card number or debited to your account which you have provided to us and are non-refundable. In the event of a charge reversal or chargeback by a credit card company or other payment provider, or if we determine in our sole discretion that we are unable or unlikely to collect payment, any associated domain registration will immediately terminate and/or the domain name will be transferred to NameJet as the paying entity for the registration.
2.2 In the event that you default on making payment to NameJet after being named the winning bidder, NameJet reserves the right to charge, and you agree to pay, a fee for defaulting on payment, the amount of which shall be determined by NameJet. You will be considered in default if you fail to pay within seven (7) calendar days from the date that the auction closes. After seven days, your account will be placed in “past due” status and you will be unable to bid for, or place any backorder on, any domain name on the NameJet Platform until you make payment. If you fail to make your payment within fourteen (14) days from the date the auction closes, your account will be closed permanently. Verified Bidders shall have an additional seven (7) days to make payment before their accounts are closed.
NameJet is a Venue.
3.1 NameJet is not an Auctioneer. Although we state that the Site includes online auctions, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow parties to offer, sell, buy and register domain names, at any time, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of domain names from the seller to the buyer. Also we do not and cannot guarantee the acquisition of any domain name through our auction process. There is also no guarantee that one of our registrar partners, on its fully-automated Web site, will not facilitate the registration of the name you want by someone else who applies through the registrar's own Web site interface.
3.2 Fixed Price Marketplace. We also offer you the availability to register domain names at a fixed price from the Site.
3.3 Identity Verification. We attempt to verify the accuracy of the information our users provide us when they register on our Site. Some bids may require you to enter our Verified Bidder Program [please see http://www.namejet.com/Pages/VerifiedBidding.aspx] and complete our Verified Bidder Request Form [located at http://www.namejet.com/Pages/VerifiedBidding.aspx]. However, NameJet does not confirm or guarantee any users purported identity. You agree that you assume all risk when transacting business with other users using our system. When asked for information about you, agree to: (1) provide certain true, current, complete and accurate information about you as required by the online registration process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services.
3.4 Waiver in the Event of Dispute. Because we are only a venue for auctions to occur, we do not check to see whether the domain name you bid on to register infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others. We will not investigate any trademark claim nor provide you with any notice that we have received such a claim from any third party. You should seek one or more opinions from competent trademark practitioners in connection with any domain name on which you bid. You agree to assume all responsibility in selecting a domain name to register and/or monitor. Should we be sued or threatened with a lawsuit in connection with any domain name and/or subscription to any other of our services, we will turn to you to hold us harmless and indemnify us pursuant to the Indemnification provision of this agreement. Similarly, you recognize that we have no responsibility to determine whether domain names monitored or acquired by others through our site infringe your own rights in trademarks or domain names, and you agree to release NameJet from any legal claims asserting such a responsibility.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name, and/or NameJet's services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves. NameJet will not honor registrations that NameJet reasonably believes infringe on its own trademarks or the trademarks of Network Solutions or the trademarks of eNom. Should you fail to substantially prevail in any lawsuit brought against NameJet, NameJet will be entitled to recover its reasonable attorneys' fees and costs from you. If you are a California resident, you hereby waive your rights under California Civil Code 1542, which says: "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."
Bidding and Buying.
As a buyer, you are obligated to complete the transaction with the seller:
- if you purchase a domain name through one of our fixed price formats; or
Buy Now: When a domain name is listed with an indicator to “Buy Now” then NameJet will, after receipt of payment from the buyer, send the buyer the EPP code that will enable the buyer to transfer the domain name to the registrar of the buyer’s choice. Buyer shall be responsible for handling the transfer and paying any applicable transfer fees to the registrar. A “Buy Now” transaction may be cancelled or suspended by NameJet at any time prior to the transfer of the domain name into the buyer’s account. If the transaction is cancelled, buyer will be refunded payment for the domain name.
Bidding rules: Bidding rules vary by auction and type of auction. You must read the rules for each particular type of auction prior to bidding. The rules for each auction type are written below.
Jet Packs: Domain names offered as a “JetPack™” are bundled and cannot be registered or paid for separately. Buyers of JetPacks pay one price for all of the domain names in the bundle.
Reserve: When a domain name is listed for a private or public auction, NameJet may set a reserve price (the "Reserve Price"). If the highest bid does not meet that Reserve Price, then NameJet is under no obligation to sell the domain name to the then highest bidder.
Except for special rules that may apply to certain domain names, in which case, those special rules may be posted next to the domain name(s) and will be the controlling auction rules, the following additional rules apply to each of the below types of auctions:
In the case of identical high bids (in either a Public or Private auction), the winner is the bidder who entered their bid first.
If you are registering a domain name purchased through the NameJet auction service, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name, as your registration is the result of a transfer from a previous registrant. If the domain name is provided to us through one of our registrar partners, such as Network Solutions and eNom, you agree to be bound by the applicable terms and conditions related to domain name registrations found in their respective service agreements.
By placing a bid in an Advance Auction, you acknowledge and agree that you are bidding on an option to purchase rights to the domain name at the price of the highest bid. The option cannot be exercised until the Registry Operator is able to make such rights available to you and in no case before the end of the Sunrise period of the launch of the relevant gTLD. The option will be contingent on the Registry Operator successfully completing the process of being delegated the related gTLD and will be further contingent on the domain name not being registered during the Sunrise period.
If you are the winning bidder you will be notified if and when the option can be exercised. Once you are notified that the option can be exercised, you will then have ten (10) business days to exercise the option, which will be by submitting payment to NameJet. If payment is not received within ten (10) business days, you will forfeit the rights under the option at which point the domain name may be allocated to another party or scheduled for re-auction. In order to exercise any Advance Auction option, you shall pay to NameJet the price of your highest bid in addition to the registration fee set by the Registry Operator and/or any necessary registrar at the point the domain name becomes available for registration.
Neither NameJet nor the Registry Operator can guarantee that any Advance Auction domain names will be available on any specific time frame or that any such domain name will ultimately be available for allocation to you. If at any point before the exercising of an option and the tendering payment to NameJet, NameJet and/or the Registry Operator shall have the right to cancel the option upon notice to you. In this case, you will be under no obligation to remit any further payment to NameJet related to that domain name.
Listing and Selling.
5.1 Listing Description. To list a domain name for auction, you must be legally able to transfer the domain name(s) you list for auction on the Site. You must list your domain name(s) and all terms of auction on the listing page of the Site.
5.2 Binding Bids. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon completion of the auction, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
5.3 Backorder Cancellation. A backorder can be cancelled at any time before the posted backorder deadline, so long as the backorder is at the minimum bid.
5.4 Fraud. Without limiting any other remedies, NameJet may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our Site.
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for the online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information (or any domain names that you list for auction on our Site) and all of your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the transfer of hijacked or stolen domain names; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or; (g) create any liability for NameJet, LLC or its members, officers, directors, employees or agents, or cause us to lose (in whole or in part) services provided to us from our third party suppliers.
6.3 License. Solely to enable NameJet to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) 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.
6.4 Account Access. To access or use the NameJet services or to modify your account, you may be required to establish an account and obtain a login name, account number, password. You authorize us to process any and all account transactions initiated through the use of your password. You are solely responsible for maintaining the confidentiality of your password. NameJet does not guarantee the security of your account information and you assume all risks that the password you select may be compromised as a result of fraudulent, unauthorized or illegal activity. You must immediately notify us of any unauthorized use of your password, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password. You agree that we may log off any account that is inactive for an extended period of time.
YOU AGREE THAT YOUR USE OF OUR AUCTION SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER NAMEJET, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AGENTS, MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AUCTION SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY DOMAIN NAMES OR OTHER SERVICES PURCHASED OR OBTAINED THROUGH OUR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DOMAIN NAMES OR OTHER SERVICES PURCHASED BY YOU FROM A THIRD PARTY THROUGH OUR SITE.
9.2 OUR LIABILITY, AND THE LIABILITY OF OUR MEMBERS, , OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1,000. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11.1 You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of domain names.
11.2 You agree to use our services only for lawful purposes. Any misuse of NameJet resources that disrupts the normal use of the auction or domain name registration system is strictly prohibited. Such system abuse may lead to termination of the account.
Examples of system abuse include but are not limited to spawning many processes that consume resources, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, etc. Any attempts to penetrate NameJet's security will result in the termination of your account without notice, as well as notification of appropriate law-enforcement agencies.
User Representations and Warranties.
Except as explicitly stated otherwise, any notices shall be given by postal mail to NameJet 5808 Lake Washington Blvd. Ste. 300 Kirkland, WA 98033 with a copy to NameJet Legal Department c/o Network Solutions' General Counsel, 12808 Gran Bay Parkway West, Jacksonville, FL 32258. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NameJet during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Resolution of Disputes.
In the event a dispute arises between you and NameJet, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute as an alternative to litigation. You agree to hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.
15.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either you or NameJet may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
15.2 Application of Virginia Law & Jurisdiction. You understand and acknowledge that Network Solutions, LLC, is an organizational member of NameJet, LLC and provides certain services to NameJet from its office located in Herndon, Virginia. As such, you agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflicts of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division for any disputes between you and NameJet under, arising out of, or related in any way to this Agreement (whether or not such disputes also involve other parties in addition to you and NameJet). If there is no jurisdiction in the United States District Court for the Eastern District of Virginia, Alexandria Division, for any such disputes, you and we agree that exclusive jurisdiction and venue shall be in the courts of Fairfax County, Fairfax, Virginia.
Termination or Suspension.
By registering an account for a NameJet service(s) through our online application process or otherwise, or by using the service(s) provided by NameJet under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and all agreement and policies incorporated herein by reference.
Neither you or NameJet shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over NameJet, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party.
Questions regarding our services may be reported to Customer Support using the Contact Form [located at http://www.namejet.com/Pages/Contact.aspx]. Alternatively, you may write to our Customer Support Center at:
ATTN: Customer Support
5808 Lake Washington Blvd. Ste. 300
Kirkland, WA 98033
Or call us at 1-425-974-4687.
Dec 3, 2014