Domain Listing Program
This Schedule B sets forth the terms generally applicable to Member’s use of the Domain Listing Program and Company’s Services to list domains for sale. Member agrees that these Terms, as well as the Bodis.com General Terms of Service and Offensive Domain Policy (Schedule D
), each of which is incorporated herein by this reference as though set forth in full, shall be binding upon a Member engaged in the Domain Listing Program (hereafter "the DLP"), and shall take effect upon the Member's registration.
Members may use various formats to list their domain names for sale subject to compliance with applicable rules found herein and in any incorporated agreements, terms or conditions. Company does not provide a marketplace, search, auction or escrow services, but merely provides brokering and transaction assistance in connection with Member’s listing of domain names for sale. As a neutral provider, Company is not a party to any relationship as between any Buyer or Seller. Company does not at any point exercise control over a domain name or funds during the transaction. Company is not the Buyer, Seller, lessee, or lessor. As such, Company will have no liability to Member or any third party as to the registration or use of any domain names while they are listed, sold or being processed for transfer. Company will not be liable or otherwise responsible for any information provided, or any communications as between Buyer and Seller. Buyer and Seller are responsible for having conducted all research necessary to satisfy themselves concerning the merits and legality of any listed domain, including without limitation, any revenue, traffic statistics and ownership, and any applicable agreements, rules, regulations and fees applicable to the acquisition and transfer of any domain name. Information regarding a listed domain is provided by the listing Member, and Company has neither verified nor will be liable for any inaccuracy in such information.
Member's Representations, Warranties and Covenants
Member hereby represents, warrants and covenants each of the following: Member has all legal authority, authorizations and capacity to enter into this Agreement and to assume the rights and obligations arising hereby; if an individual, is at least 18 years of age; if an entity, has obtained all required consents or approvals necessary and the individual committing to this listing has full requisite authority to bind such entity. The listing for sale of the domain name does not and will not infringe upon any rule of law or the proprietary or other rights or interest of any third party, including, without limitation, trademark, trade-name, privacy or other rights, and shall not cause any harm, damage, expense or otherwise adverse effect upon Company or any third-party. Member has had the opportunity to avail itself of legal and other professional advice before executing this Agreement, and no representation has been made by Company as to the legal validity/adequacy of any provision in this document or any related document or transaction. All services provided by Company under this Agreement are provided only to facilitate listing for sale of the domain name and shall not be construed as legal or other professional advice in any manner whatsoever. Member has all the resources necessary to complete the transaction contemplated herein and has the authority to commit such resources for the purpose of the listing. Member has and will not make, any false or fraudulent statements in connection with the listing underlying this Agreement or the registration of the domain name.
1) A Member may entirely choose not to list a domain name for sale, but, in the event Member does choose to list a domain for sale, Member may do so in one of the following three manners:
(a) Member may display an inquiry form. Any inquiries submitted trough the form will be forwarded directly to Member’s account email address and will also be displayed within Member’s account with Company.
(b) Member may forward its domain listing inquiring link to any website URL and in conformity with the other terms of this agreement.
(c) Member may list its domain for sale with Escrow.com. If Member elects to list with Escrow.com, Company will act as a broker between Escrow.com, Member, and any prospective buyer using Escrow.com’s API. However, in such a case, Company will not act as a transfer agent of the domain in the case of sale. All such tasks and duties associated with the sale of Member’s domain will be completed through Escrow.com. However, Company will initiate the transaction through the API and provide status reminders to both Member and any prospective buyer as needed.
2) Member agrees to abide by all applicable Escrow.com terms and conditions in effectuating sale of the domain.
3) Company is a neutral platform and neither owns the domains listed on the platform, nor has any influence or control on the business conducted by Member in the DLP. The responsibility for the content of domain listings, including the accuracy of any statistics, whether measured and displayed by Company or otherwise, lies exclusively with the respective Sellers, Buyers, and Users. This agreement is solely between Company (and its affiliates) and Member and our respective successors and permitted assigns, and no other person or entity shall have or acquire any right or benefit by virtue of this agreement.
4) Company’s and Member’s responsibilities with respect to any buyer or seller in connection with any listed domain or the purchase/sale/lease thereof, is further set forth in the Bodis.com General Terms of Service
, and Offensive Domain Name Policy (Schedule D
), each of which is incorporated herein by this reference as though set forth in full. In addition to the limitations stated therein, Company makes no representations or warranties regarding the features of listed domains or the successful operation of the platform or the ability of any DLP user to actually complete the sale, purchase or lease of any listed domain. For avoidance of doubt, Company shall in no event be responsible for any information related to any listed domain, even if supplied through use of Company Services or the Site, including, without limitation, revenues, visitor statistics, traffic statistics, and the precise alpha numerical composition of a domain.
5) Company shall not be liable for legal transactions or other acts of any DLP user (or any visitor to the Site). This also applies to any violations of rights of a third party through the listing of a domain on the platform, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights. Buyer and Seller agree that Company 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 Company, as the neutral facilitator of the platform and associated Services shall not be subject to any claims arising from the attempted purchase and sale of domains.
6) Company reserves the right, at any time, and without reason or prior notice, to reject (or refuse to reject) the listing of any domains on the platform or to remove and blacklist (or refuse to remove or blacklist) any previously listed domains and/or any DLP user. Although Company will make reasonable efforts to advise users as to reasons for our actions (or inactions), Company is not required to do so. Typical reasons for rejection, removal or blacklisting include (without limitation) violation of these terms or any other terms linked herein or published on the Site. If you think that any Listed Domain violates your intellectual property or other rights, please review and follow the instructions in our Infringement Notification Policy set forth in Schedule E