Add to Favorites	Check Domain Name:   .  biz org net com   NameArama Policies and Disclaimers: This Agreement describes the conditions and terms applicable to your use of our auction services at NameArama.com. Throughout this Agreement, you are sometimes identified generally as word "Buyer", "Member", and "Seller". The aforementioned names are depend on how you are using our services at particular times. NameArama.com is sometimes identified as "Us", or as a subsidiary of ELWC, Inc. a registered New Jersey Corporation. By registering on the site you are in agreement to be bound by these terms and conditions. NameArama reserves the right to modify, change, add or remove any portion of these conditionsof use, at any time. Changes made will be effective upon posting. You are in agreement to review these policies and conditions of use periodically to be aware of any changes. Your consistent use of the NameArama.com website after any changes to these policies and conditions of use are posted will be considered a legal form of acceptance to the policies and conditions in effect at that time. 1. Fees. NameArama.com membership is free but in order to participate (sell or bid) at auction one has to be a NameArama.com Domain Name Auction "Buyer" or "Seller". All fees and other payments are due and payments are to be made in U.S. Dollars. Our pricing and payment terms are available at http://www.NameArama.com/pricing.htm and are subject to change at any time based on the policies and terms of this Agreement. The policies and terms should be reviewed each time you participate in an auction as either the "Seller" or "Buyer". All auction sales are final. Payment of commissions/broker fees for NameArama.com services and payment to the "Seller" must be paid in full upon transfer of ownership and pursuant to the terms of the NameArama.com Escrow Policies Agreement. 2. Eligibility of Membership and Services. NameArama services are only available to adults/parties that can form legally binding contracts under applicable law. To register for NameArama.com auctioning and other listed services, you must provide us with your Full legal name, and email address. NameArama.com reserves the right to refuse; at any time, services to anyone for any reason. 3. Buyers and Sellers Beware. Buyer of a Domain Name or Developed Website understands that the purchase of a Domain Name does not guarantee the purchaser may freely use that domain name. Trademark law, rights of publicity and privacy, and other legal considerations may limit or even prohibit certain uses of the words in the Domain Name. NameArama.com will not investigate the "Seller's" legal rights using the domain name nor makes any assurances to "Buyers" as well. Auction "Buyer's" should consult a legal advisore before committing to purchase a Domain Name. A legal counsel should determine whether it can be used for Buyer's intended purpose under current law, and under potential future changes in up-coming legislation. NameArama.com will not investigate or determine whether the "Seller" has good title to the Domain Name listed for auction, or whether the "Seller" has the permission to sell, assign, or transfer the Domain Name. "Sellers" and "Buyers" are advised to obtain legal concerning such matters, including applicable laws in force or pending, and from the rules of the given Domain Name Registrar. All auction sales are "as is", Any investigation will be conducted by either the "Buyer" or "Seller" which make up the auctioning party. 4. NameArama.com is only aBroker. Our site acts as a brokering ground for auctioning developed websites and domain name auctioning. NameArama.com merely facilitates the transaction by which a Seller agrees to undertake the actions required by the applicable domain registrar and registry (the "Domain Name Registrar") to transfer the Domain Name registration (the "Registration") to the Buyer that was the successful Bidder in the auction. We do not control the actual transfer of the Domain Name, which is accomplished by the Domain Name Registrar, in accordance with its rules. We specifically disclaim any responsibility over the name, or, legality of the terms advertised. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. 5. Transaction Handling. After an auction concludes with an agreement for the purchase and sale of a Domain Name, the "Buye"r and "Seller" are required to close the transaction through the escrow procedure provided by our Escrow service provider. Our third party escrow service safeguards both "Buyer" and "Seller" by coordinating the closing of transaction by (a) the Domain Name transfer, (b) receipt of the Buyer's payment, and (c) transfer of payment to the Seller. 6.Limit of Liability. We do not guarantee continuous, secure, or uninterrupted access to our services Operation of our site may be interfered by numerous factors outside of our control. We are not liable for lost profits or any special, incidental or consequential damages (However arising including, but not limited to, negligence). Information on NameArama.com may contain typographical errors or innacuracies. Our liability to you and or any third parties in any circumstance is limited to a $0.00 transaction fee. An outage occurs when no one can bid. At our discretion, NameArama.com may consider two outages that occur very closely to one another to be one outage when extending auctions. Auctions that end prior to an outage will not be extended. NameArama.com offers no Liability for Statements Posted or Provided by Users. We cannot nor do we try to control the information provided by Users that is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution. We claim zero responsibility or liability for claims of libel or defamation arising from statements of Users posted or otherwise made available through our system. 7. "Seller's" Warranties. As a condition of using our site and services, each seller warrants and represents the each of the following: (a) The "Seller" is the sole owner of the developed website or Domain name The "Seller" has good and valid right to sell and relinquish it to the Buyer. (b) The "Seller" is free from any notice or claim presented by any third party claiming infringement of any trade name, trademark, service mark, copyright, or license of any person or organization. (c) The Domain name or Company name does not conflict on any third party's, patent, copyright, trademark, or other proprietary rights. (d) The Registration is in good standing. (e) The Domain name or Developed website is not fraudulent nor does it involve the sale of counterfeit or stolen names. (f) The Domain Name has not been pledged to any third party, has not been mortgaged, is not the subject of any security interest granted to any third party, has not been licensed and has not otherwise been the subject of any express or implied restrictions and/or limitations to use or to link. (g) That the Seller holds no trademark, trade name, or other proprietary commercial interest in the Domain Name and will hereafter make no objection to Buyer's registration or use of the Domain Name. (h) The Domain name or Developed website name or content does not violate any law, statute, ordinance or regulation. (i) The Domain name or Website/Business name is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing. (j) The Domain name or Developed Website is not obscene or contain child pornography. (k) Does not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with any computer operations. (l) Together with any and all other warranties as set forth in the Domain Name Transfer Agreement and NameArama.com Escrow Agreement. Seller agrees to advise NameArama.com immediately in the event that Seller become aware of any claim of infringement or any trademark, trade name, service mark, copyright or other right described in this paragraph. 8. Indemnification. Users and Members agree to defend, indemnify and hold NameArama.com harmless from and against any and all liabilities, losses, damages, costs and expenses including all of the attorneys fees and court costs associated with any claim or action brought against NameArama.com arising from the actions of such Members and Users, including without limitation, for breach of any warranties or representations contained herein, or infringement of any trademark, copyright, or other claim of any kind based upon the sale, license, transfer or use of the Domain Name or Developed Website in accordance with this Agreement, or any other provision of this Agreement or under the Escrow Services. 9. Release of Liability. In the event that you have a dispute with a Buyer or Seller, you agree to release NameArama.com management and its employees and affiliates from any claims, demands and damages (actual, incidental and/or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 10. Seller Obligations. As a Seller when you list a Domain Name for auction, you make a binding offer for an auction sale that cannot be withdrawn. If you receive one or more bids at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), then you are obligated to complete the sale to the highest bidder. For 'Make Offer' listings, the Seller reserves the right to sell or not at any price. All the legitimate bids on a Make Offer listing(s) will be presented to the Seller. If the Seller feels the price is right and decides to accept the offered price, we will notify the bidder. Bids by Bidders may not be withdrawn before the close of the auction. As a Bidder, if you have the highest bid at the end of the auction, at or above the minimum price (or in the case of reserve auctions, at or above the reserve price), you have accepted Seller's offer. If the foregoing conditions have been satisfied and there has been no material breach of the User Agreement by the party seeking to enforce such binding contract, there shall be a binding contract exists between Buyer and Seller to complete the transaction as Buyer in accordance with this Agreement, the Domain Name Transfer Agreement and the NameArama.com Escrow Agreement. If a seller removes any listing from NameArama.com, there must be a period of 20 business days before the Domain Name or Developed Website can be sold to another party that has made an offer or contacted us while listing was active. NameArama.com reserves the right to collect commission on the sale. Such policy is in place to ensure there is no commission loss due to immoral or illegal actions by the owner of Domain Name or Developed Website. 11. Restrain from Bid Manipulations. Sellers may not manipulate the auction price of their Domain Name(s) or Developed Website(s), either by using a shill (a secondary account or third party) or by bidding themselves. As a Bidder, you may not engage in any form of bid manipulation such as pulling other bidders to their maximum bid, then retracting the high bid, and then re-bidding at a small increment above the legitimate high bidder. 12. Suspension of Auction, Bid or Closing Transaction. NameArama.com reserves the right at its discretion to halt or suspend any auction, bid or closing transaction at any time. Without limiting the generality of the this right, User agrees that NameArama.com may halt any auction and/or closing transaction in progress in the event that we receive notice that would be sufficient in the courts of the State of Connecticut, Pennsylvania, or New Jersey to satisfy the burden of proof that a purchase, sale, transfer, assignment or registration of a domain name constitutes direct or contributory infringement, trademark piracy, cybersquatting, or any other violation of any applicable civil or criminal legislation, or of the rights of any third party. We may also halt an auction and/or closing transaction in progress if NameArama.com receives notice under the terms of any Domain Name Registrar's dispute policy that the Registration is the subject of a domain dispute policy proceeding. 13. Change to Site or Content. NameArama.com shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. NameArama.com may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. 14. Misuse of Account. Without limiting any other remedies, NameArama.com reserves right to suspend or terminate your account and status as a Member if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site or services. 15. Information submitted to us You are responsible for the truth and accuracy of any information you provide publicly or privately to us or other Users during the registration, bidding, or listing or closing process, in any public message area (including but not limited to chat, discussion forms, and appraisals) or through any email feature You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Your Information: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or, if otherwise harmful to minors; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to any other site; (h) shall not contain any item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation. 16. Right to make Public Announcements. Upon completion of a transaction, both buyer and seller grant NameArama.com the right to make public announcement(s) via the NameArama.com Website, Press Release(s), or any other appropriate media. The details of the sale may include the Domain Name, Developed Website Name, Business Name, Date, Price, Buyer and Seller Identities, Other details of the transaction may be used for whatever purposes including, but not limited to, advertising and promotional purposes by NameArama.com without compensation or commission due to the Seller and/or Buyer unless otherwise agreed to, in writing, by and between the applicable party and NameArama.com prior to the completion of the transaction. 17. System Integrity. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the NameArama.com site, or any action being conducted on our site. You may not take any action that imposes an unreasonable or disproportionately large load on our network or servers. You will not disclose your password to any third parties to use your password for any unauthorized purpose. 18. Restrictions on Ratings and Feedback. You may not take any actions that may undermine the integrity of the system or User voting or feedback system, such as: leaving positive feedback for yourself using secondary User IDs or third parties; leaving negative feedback for other Users using secondary accounts or third parties (feedback bombing); or leaving negative feedback if a User fails to perform some action that is outside the scope of the auction (feedback extortion). For those who violate, we may take action so that your membership will automatically suspend, and you will be unable to list or bid 19. Breach and Failure to Perform. NameArama.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of our web site or your status as a Member, including canceling any of your current auctions (listings, bids, escrows, pending transfers), if you breach this Agreement, or if we are unable to verify or authenticate any information you provide to us. 20. No Warranty. Use of the NameArama.com Website and services offered are "AS IS" and without any warranty or condition, express or implied. We along with our affiliates and suppliers specifically disclaim any implied warranties whatsoever including without limitation, any implied warranties of title, merchantability, fitness for a particular purpose and non infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. 21. Links to other Website(s). NameArama.com contains links and pointers to other Internet sites, affiliate partners, strategic partners and sponsors. Links to and from any site to other third party sites, maintained by third parties, do not constitute an endorsement by NameArama.com and affiliates of any third party resources or their contents. You should direct any concerns regarding any external link to its site administrator or Webmaster. 22. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of Domain Names. 23. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Piscataway, NJ, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or NameArama.com may seek any interim or preliminary relief from a court of competent jurisdiction in Hartford, Connecticut necessary to protect the rights or property of you or NameArama.com pending the completion of arbitration. 25. General. This Agreement shall be governed in all respects by the laws of the State of New Jersey, together with any applicable United States Federal Laws. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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