DOMAINSOURCE, INC. USER AGREEMENT
(this "Agreement") This Agreement describes the terms and conditions applicable to your use of this website. Throughout this Agreement, you are identified as by the word "User" or "Buyer". We are identified as "We", or by our corporate name DomainSource. Your use of this site signifies your agreement to be bound by these terms and conditions. We reserves the right to change, modify, add or remove any portion of these terms and conditions in whole or in part at any time. Any changes made will be take effect immediately upon posting.
Use of DomainSource.
Our services are only available to adult individuals who can form legally binding contracts under applicable law. To purchase a domain users agree to provide us with their legal name, address and contact information, including an active email address. The transfer of funds for domain purchases shall be completed either by check; money order; PayPal ; or Escow.com.
After submitting a form corresponding to the domain of interest Users will receive email notification of its pricing. Once user acceptance of the price is established payment options are provided via email and the domain will enter a pending sale status on our website. All further inquiries on that domain are suspended up to a maximum of 30 days.
It is understood and expected that buyers are ready and willing to complete the transaction in a timely manner generally not to exceed 10 days from the time DomainSource domain sale notice to the user’s email address used for initial contact with DomainSource. Should however funds not be secured nor received directly by DomainSource within the 10 day period, the user must agree to transfer within a 48 hour email notice, a deposit of 30% of the domain price. Otherwise DomainSource shall have no further obligation to hold the domain for the buyer and is free enter a new sale with any other potential buyer. The receipt of a deposit however shall only oblige DomainSource to continue to hold said domain “off the market” for an additional 20 day period. If the transaction still remains uncompleted at no fault other then non receipt of funds then the transaction shall be considered abandoned by the user and said deposit funds shall be considered forfeited by user as liquid damages to DomainSource without recourse. Once domain is paid in full and said transfer is completed DomainSource is not obligated to release any refund. Furthermore if DomainSource has received payment and said domain has not been transferred to the buyer the buyer may request a 100% refund.
DomainSource.com agrees upon notification of the securing of funds to take prompt action to facilitate the complete transfer domain title to the buyer’s specifications. DomainSource shall not however be responsible to transfer title as specified by User should the information be deemed insufficient or unacceptable by the registrar of record to complete the title transfer. User shall be required to provide new information to facilitate the transfer upon such demand.
Statement of Domain Title / Warranties
DomainSource Inc.recognizes that domain names are considered by the courts to be intangible property assets. We therefore expressly declare all domains listed for sale are under the sole and absolute ownership of DomainSource Therefore we declare to have the good and valid right to sell and convey said domain properties to all buyers.
The Domain Names have not been pledged to any third party, nor been mortgaged, nor subject of any security interest granted to any third party We declare that we hold no trademark, trade name, or other proprietary commercial interest in the domain name and will hereafter make no objection ourselves to Buyer's use of the domain name once acquired.
Furthermore DomainSource declares that the domains listed are not currently nor anticipated to come under any legal ownership challenge via ICANN dispute resolution procedure or other independent legal proceeding.
Nevertheless DomainSource neither guarantees nor has investigated the buyers legal right to develop said domain names into active web properties. Therefore being fully aware of the nature of domain names, all buyers expressly agree to assume all the legal rights, responsibility, and future potential legal risks that may or may not be connected in accepting full ownership of said domain name.
Suspension of Sale
Buyer agrees that should DomainSource.com become a legal party to any claim of infringement or any trademark, trade name, service mark, copyright dispute on a domain in process of sale to a buyer, DomainSource shall at that point have the right to suspend the transaction until all contestments have been settled. Should we be unable to complete the sale of the domain to user as a result of such actions, the user shall have no right to make claim for damages or bad faith on the part of DomainSource. In such case any monies held either on deposit or in escrow for the transaction shall be returned to the buyer.
Irrespective of the above statement our liability to you and or any third parties under any circumstance is shall be limited to $25.00. All transactions are completed in good faith on the part of DomainSource.
Right to make Public Announcements
Upon completion of a transaction, the buyer grants DomainSource.com the right to make public announcement(s) of the domain sale via the DomainSource.com Website, Press Release(s), or any other promotional appropriate media without compensation or commission due to the buyer. The details of such announcements could include the Buyer name, the domain name and the amount of the transaction.
Failure to Perform
DomainSource.com may immediately issue a warning, temporarily suspend, including canceling any pending transfers if we are unable to verify or authenticate any information necessary to proceed with the transfer of title.
Links to other Website(s)
DomainSource.com contains links and pointers to other Internet sites, affiliate partners, strategic partners and sponsors. Links to any do not constitute an endorsement by DomainSource.
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 California, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or DomainSource may seek any interim or preliminary relief from a court of competent jurisdiction in Irvine, California necessary to protect the rights or property of you or DomainSource.com pending the completion of arbitration.
This Agreement shall be governed in all respects by the laws of the State of California, 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.