These Terms of Sale ("Terms of Sale") are by and between Domainac and you, your heirs, agents, successors and assigns (collectively, "Buyer"), each side a "Party" and together, "the Parties". These Terms of Sale set forth the terms and conditions of Buyer's purchase of one or more Internet domain names (each, a .Domain Name.) through Domainac. Buyer understands and agrees to the Domainac's General Terms of Use ("TOU"), which are incorporated herein fully by reference. Any capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the TOU.
Buyer agrees to pay the Total Price listed for the Domain Name(s) selected for purchase. Domainac agrees to email Buyer detailed instructions (including a password or registry key) for permanently transferring control of the Domain Name(s) within 7 business days of cleared payment from Buyer.
If there is a delay in the transfer process for any reason, Domainac will notify Buyer, either via email or phone, of the transfer status within 72 business hours. Buyer acknowledges that the transfer process for the Domain Name(s) must comply with ICANN accreditation policies and procedures. Information regarding ICANN and registrar policies and procedures can be found at www.icann.org.
To the extent allowed by the law, Buyer agrees to indemnify, defend and hold Domainac and the Domainac Related Parties harmless from any and all liability or claims or controversies that may arise due to the sale of the Domain Name(s) or which may arise out of or in connection with these Terms of Sale. Domainac and Buyer each represent to the other that it has full authority to enter into this these Terms of Sale and perform its obligations hereunder. Buyer agrees to take control of the Domain Name(s) within seven (7) days of sale, and Buyer acknowledges that it is solely responsible for renewing the Domain Name registration with the registrar of record prior to the expiration date listed in "WHOIS". The registrar of record can be determined by searching at http://registrar.verisign-grs.com/whois/. A WHOIS lookup can be found at www.whois.org, among other places.
Buyer represents that it does not hold or assert any trademark, trade name, copyright, or other intellectual property right in or to the Domain Name(s), or any portion thereof, that is the subject of these Terms of Sale. In the alternative, if Buyer does now or intends to in the future hold or assert such rights, Buyer does, on its own behalf, and on behalf of any person Buyer represents, hereby waives any such claims and forever releases Domainac and the Domainac Related Parties from any and all claims arising from such rights. To the extent that such waiver and release of claims is determined to be invalid in whole or in part for any reason, Buyer agrees that its remedy in any dispute with Domainac shall be limited to return of the price Buyer paid for the Domain Name that is the subject of these Terms of Sale.
Buyer represents that it does not act on behalf of any other person asserting such rights.
Domainac reserves the right to rescind and/or make null and void the sale of any Domain Name(s) if Buyer fails to take control of the Domain Name(s), in accordance with the instructions provided, within 90 days of the sale of the Domain Name(s). ALL DOMAIN NAME SALES ARE FINAL and may be subject to prior sale.
This Agreement shall be interpreted and enforced in accordance with relevant international laws, ICANN policies and procedures. The prevailing Party in any such action shall be entitled to recover its reasonable attorneys' fees, costs and disbursements incurred in connection therewith.
