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Terms of Service

This InternetBroker.com Terms of Service constitutes a legal agreement ("Agreement") between You, Your heirs, agents, successors and assigns (collectively referred to herein as "You" and "Your(s)") and InternetBroker regarding Your use of the InternetBroker's website located at InternetBroker.com ("Site"). Among other services, the Site serves as a trading and sales platform to allow You to offer to sell and buy domain names (collectively, "Domain Names").

By continuing to use the Site, submitting an offer, accepting an offer, counter-offer or "Instant Price" (a price, other than a minimum bid, reserve price, or listing price, that has been set and agreed to by the Seller (defined below) and is shown along with the words 'Instant Price' or 'Buy Now' or the 'Buy Now' button) for a Domain Name, submitting registration information and/or checking the "I have read and agree to the Terms of Service" checkbox at the time of registration and/or when submitting an inquiry, whether You are a "Visitor" (which means that You simply browse the Site) or You are a "Registered Member" (which means that You have registered with InternetBroker.com as set forth below), You confirm that You have read and agreed to be bound by the terms of this Agreement (as amended from time to time by InternetBroker at its sole and absolute discretion) and the terms of any other policy referred to and/or linked to herein (e.g. Privacy Policy). If You do not agree with the terms of this Agreement, You should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to: Info [at] InternetBroker.com.

You are only authorized to access this Site or to use the materials and services contained on the Site (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to this Agreement.

InternetBroker reserves the right to deny access to the Site to any person, without notice, for any reason or no reason, including, but not limited to, a violation of this Agreement.

You and InternetBroker may be referred to individually as a "Party" and collectively as the "Parties." The term "User" refers to a Visitor or a Registered Member. When You or a User bids and/or agrees to an Instant Price on any Domain Name on the Site, you are classified as the buyer ("Buyer") in that sales transaction. When You or a User lists a Domain Name(s) for sale, you are classified as the seller ("Seller") in a sales transaction involving that Domain Name(s).

In consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration herewith, the receipt, adequacy and sufficiency of which are hereby acknowledged, You and InternetBroker, intending to be legally bound, hereby agree as follows:

1 Assumption of Risk and Your Representations and Warranties

1.1 InternetBroker cannot and does not monitor or manage all Domain Name listings ("Listings"), and does not guarantee the accuracy or quality of each Domain Name listed. All Listings provided to InternetBroker are the sole responsibility of the person who provided it. You may be exposed to Listings that You find offensive, indecent, or objectionable or that is inaccurate, and You bear all risks associated with Your interaction with such Listing. InternetBroker has, in its sole discretion, the right, but not the obligation, to remove any Listing that may violate this Agreement or that is otherwise objectionable.

1.2 By using this Site, You agree under penalty of perjury, under the laws of the applicable jurisdiction, to make the following statements:

1.2.1 I am of legal age to view the material on this Site in accordance with the laws of the region in which I reside and/or am accessing the Site.

1.2.2 Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.

1.2.3 I believe I have the unalienable right to read and/or view any type of material I choose.

1.2.4 I am aware of the standards of my local community with respect to the materials offered on this Site; I am familiar with the materials offered by this Site; and I represent, warrant and certify that the links, information, and use of materials on this Site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this Site, I agree to no longer access this Site.

1.2.5 I recognize that this Site has no control over the content of websites which are listed or linked on it and that InternetBroker takes no responsibility for the content of those other sites.

1.2.6 I acknowledge that third party product and service providers may advertise their products and services on the Site and that InternetBroker may form partnerships or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to me. However, I acknowledge and agree that at no time is InternetBroker making any representation or warranty regarding any third party's products or services, nor will InternetBroker be liable to me or any third party for any claims arising from or in connection with such third party products and services. I hereby disclaim and waive any rights and claims I may have against InternetBroker with respect to third party products and services, to the maximum extent permitted by law.

1.2.7 I am at least 18 years old and understand and agree to the terms of this Agreement. If I am under 18 years old, my parent or guardian permits me, under his or her supervision, to use this Site, and has emailed Legal [at] InternetBroker.com with his or her explicit permission and acceptance of full legal responsibility for me to do so. If I am under 18 years old, do not have the capacity to enter into contracts, am easily offended, or am accessing this Site from any country where material on this Site is prohibited or illegal, I agree to leave now as I do not have permission to access this Site.

1.3 You agree not to make any false or fraudulent statements in Your use of or to gain access to the Site. Further, as a condition of Your use of the Site, You warrant to InternetBroker that You will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Prohibited uses include, but are not limited to: copying any material owned by InternetBroker; data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.

2 Registration

2.1 Registration is not required to view certain portions of this Site. However, You are required to set up an account ("Registration Account") and complete the registration process if You wish to buy, make a bid or offer on and/or sell a Domain Name(s). By registering on the Site, You become a Registered Member of InternetBroker.com. As a Registered Member, You accept responsibility for all activities that occur on the Site while logged in to and/or in relation to Your Registration Account.

2.2 You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by InternetBroker to determine the validity of information provided by You will constitute a material breach of this Agreement. You agree that InternetBroker may use and rely on any such information provided by You for all purposes in connection with Your use of and transactions entered into on this Site. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if InternetBroker has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, InternetBroker has the absolute right, in its sole discretion, to terminate Your account and any use by You of the Site.

2.3 You are responsible for maintaining the confidentiality of Your password and for restricting access to Your computer so others outside Your household may not access the Site using Your name in whole or in part without Your permission. If You believe someone has accessed the Site using Your Registration Account and password without Your authorization, contact us immediately at Abuse [at] InternetBroker.com.

3 Domain Names Listed for Sale

3.1 As a condition of using the Site, You warrant and represent each of the following to other Users and to InternetBroker about Your Listings: (a) Your Domain Name registration is in good standing; (b) You are not in breach of any obligation to the registrar or registry of the Domain Name (both referred to as the "registrar"); (c) all registration fees have been paid in full; (d) the registration has not been pledged to any third party, has not been mortgaged, is free and clear of any encumbrances and liens of any nature, 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 permissions to use or to link; (e) You are the legal registrant and owner or an authorized contact for the Domain Name and have sole and exclusive authority to authorize a transfer of the Domain Name free of any claim of any kind and to execute such documents as will be recognized by the registrar to effect a transfer of the Domain Name or that You have express permission by such contact to act as an agent for such contact; (f) the registration and Domain Name are free from any notice or claim asserted or threatened by any third party claiming infringement of any trade name, trademark, service mark, copyright, or any other intellectual property right or license of any person or organization; (g) the registration is not the subject of any suspension or dispute procedure by any registrar or of any arbitration or other dispute resolution procedure; (h) You hold no trademark, trade name, or other proprietary commercial interest in the Domain Name, or You will assign all such rights to any User purchasing the name upon request without charge and will hereafter make no objection to User's registration or use of the Domain Name; (i) to the best of the Your knowledge, neither the Domain Name nor the registration infringe any third party's copyright, patent, trademark, or other proprietary rights; (j) the registration does not violate any law, statute, ordinance or regulation; (k) the Domain Name is not defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (l) the Domain Name is not an 'objectionable name' including, without limitation, a domain name that includes (1) registered trademarks or company names (including misspellings or other marks or names confusingly similar thereto), (2) words alluding to the ingestion of illegal substances, (3) vulgar or obscene language, or (4) language associated with any illegal enterprise or that advocates or glorifies any illegal act; (m) You will not manipulate the auction process by bidding on Your own Listings, posting duplicate Listings or making any bid or offer which is not binding and in good faith; (n) You will not take any actions that may undermine the integrity of the Site; (o) You will not take any actions that may undermine the integrity of the Site's domain name traffic statistics; and (p) You will not submit any false statements to or through this Site. You agree to advise InternetBroker, and any other User with whom You are engaged in a transaction, immediately in the event that You become aware of any claim of infringement or any trademark, trade name, service mark, copyright or other right described in this paragraph.

3.2 InternetBroker has no control over the accuracy, quality or legality of advertised third-party domain names, the truth or the accuracy of the Listings, the right and the ability of a User to transfer the Domain Name or the ability of a User to consummate a transaction. You acknowledge and agree that InternetBroker has the right to verify any proposed Domain Name for sale by You, including the underlying registration of such Domain Name. Verification may delay the posting of a Domain Name.

3.3 InternetBroker may take any measure that it, in its sole discretion, deems necessary to maintain the integrity and security of its membership, Listings, and transactions. This includes but is not limited to, editing and removing Listings, canceling transactions at any time, and remedying agreement breaches in one transaction with proceeds or assets from another transaction. Furthermore, InternetBroker reserves the right to suspend, terminate and remove Your Listing at any time and without prior notice if it reasonably believes that You have engaged in any fraudulent activity in connection with Your posting or if InternetBroker is of the opinion that You have breached any of Your representations under this Agreement, or violated any of the terms of this Agreement or of any InternetBroker policies.

3.4 InternetBroker reserves the right to withhold from posting a Domain Name for any reason at any time without notice to You.

3.5 You agree to remove a Listing immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the Listing. This shall apply until legal clarification of the situation has been made.

3.6 You are free to delete Your Listings from the Site at any time without cost unless Your Listing is subject to active negotiation or pending transfer.

4 Seller's Duties

4.1 You hereby authorize and legally empower InternetBroker to offer each Listing for sale, and upon completion of the sale of a Domain Name ("Sold Domain"), You shall pass good and marketable title to Buyer free and clear of any liens. Each Sold Domain shall be immediately transferable from Your registrar, without restriction, aside from any imposed by ICANN or the registry provider for the Domain Name.

4.2 As a Seller of a Domain Name, You agree to pay any fees charged by InternetBroker in connection with Your sale of a Domain Name. In addition, You are responsible for applicable taxes, costs, hardware, software, services and all other costs and expenses You incur for the participation in the activity conducted over our Site.

4.3 If You receive an offer to purchase the rights to a Domain Name at or above Your Instant Price or reserve, as established by You when You list a Domain Name for sale with InternetBroker, then You are obligated to complete the transaction. You may change the Instant Price or reserve amount at any time; provided however, You understand and agree that due to the nature of e-commerce and the Internet, InternetBroker is unable to guarantee that any change to the Instant Price or reserve shall be published on the Site before an offer is received. You are obligated to complete a transaction with a confirmed Buyer for the posted Instant Price even if You tried to increase the Instant Price prior to the time of the purchase.

4.4 Accepting an offer and/or listing a Domain Name with an Instant Price constitutes a legally binding agreement and should be given serious consideration. Once an offer has been accepted, the Buyer has a legal right they can seek to have enforced in a court of law. Sellers who refuse to complete an accepted transaction risk having their InternetBroker accounts cancelled, in addition to other potential liability as permitted by law to both the Buyer and InternetBroker.

4.5 You may not place any bids or offers to purchase on a Domain Name that You have listed for sale, either under Your own Name, an alias, or any entity in which You maintain a controlling interest.

4.6 Soliciting Domain Name sales outside of the Site for the purpose of circumventing fees that would otherwise be due to InternetBroker is strictly prohibited. This includes using User contact information obtained from InternetBroker or using any of InternetBroker's services or features to offer to sell any listed Domain Names outside of the Site or sending unsolicited commercial email offers to bidders that have bid on Your Domain Names, or any Listings.

4.7 Should the registration of a Domain Name that is the subject of a purchase and sale transaction be in risk of expiring with its relevant registrar, or if the expiration date lies within the next thirty (30) days from the date when an agreement is made for the purchase and sale of the Domain Name, You as the Seller agree to renew the Domain Name registration and are solely responsible for any costs or fees associated with such renewal.

5 Buyer's Duties

5.1 You agree to pay any fees charged by InternetBroker (and/or InternetBroker's payment processor, e.g. Escrow.com escrow fee) in addition to the purchase price that You have agreed to with a Seller to finalize the purchase of a Domain Name. You agree to pay for any and all purchases and bids made using Your name and credit card through this Site (and/or InternetBroker's payment processor's website). Further, if You refuse or fail to do so, You are fully liable for such amounts and hereby authorize InternetBroker to pursue You for collection of such amount including Your full liability for all costs, interest, and attorney's fees for such collection. In addition, Buyers who refuse to follow through with offers that have been accepted by the Seller are potentially liable to the Seller for breach of the sales contract to which both are parties.

5.2 You warrant that all statements You make and any bids You make or attempt to make, are done in good faith and that You have no knowledge of any information which would affect the validity of the purchase of the Domain Name.

5.3 If the Seller does not state an Instant Price, the Listing serves as an invitation for other Users to submit an offer for the purchase of the Domain Name that is the subject of the Listing. If the Seller states a minimum offer or listing price, the Listing serves as an invitation for other Users to submit an offer in excess of the stated amount for the purchase of the Domain Name that is the subject of the Listing.

5.4 Any bid, offer, counter-offer or acceptance of an Instant Price that You make on a domain name is binding for a period of seven (7) days from the date and time Your bid, offer, counter-offer or Instant Price acceptance is recorded by InternetBroker. Any offer or counter-offer by the Seller is binding for a period of seven (7) days from the date and time such offer or counter-offer is sent to You from InternetBroker. Due to the binding nature of offers or counter-offers to purchase or sell Domain Names, You should review the Listing to avoid a mistake before submitting or accepting a binding offer or counter-offer. Your mistake does not relieve You from Your obligations to purchase or sell a Domain Name once a binding offer or counter-offer has been accepted.

5.5 You must perform, and are responsible for, all research necessary to ensure that You are aware of any factors affecting Your registration and use of the Domain Name, including, but not limited to, the applicable annual registration fees required to maintain Your registration and use of the Domain Name, that Your prospective use of the Domain Name will not infringe the rights of any third parties, and that You have all the information necessary to make an informed purchasing decision. InternetBroker cannot and does not control whether or not third-party Buyer(s) or Seller(s) will complete a transaction. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretense or making deceitful representations, all of which are borne solely by You. InternetBroker does not confirm that Users who access the Site are who they claim to be. InternetBroker encourages You to exercise reasonable, safe business practices as You would in any other commercial activity.

5.6 Your offer shall lapse if the Seller rejects the offer, accepts another User's offer, submits a counter-offer, or the binding time period is allowed to lapse. A belated acceptance of the offer or a counter-offer shall be considered to be a new offer.

5.7 When a Domain Name is transferred to You, further costs can be incurred, based upon the participating registry and registrar providers. The responsibilities for these payment obligations are defined by the relationship of the User to the provider. This can include, but is not limited to, Domain Name registration renewal and/or registrar transfer fees.

5.8 Drafting of custom Purchase and Sale Agreements or any legal consultations on the part of InternetBroker are not included in the services offered by InternetBroker and must be obtained from Your own legal representative.

5.9 YOU ACKNOWLEDGE AND AGREE THAT SOME DOMAIN NAMES, LISTINGS, AND BIDS, OFFERS AND COUNTER-OFFERS, OF ALL KINDS, ON THIS SITE ARE OWNED, POSTED AND TRANSFERRED BY OTHER USERS; ARE NOT PROPERTY OF InternetBroker AND InternetBroker DOES NOT MONITOR, REVIEW, ENDORSE, SPONSOR, WARRANTY OR GUARANTEE SUCH LISTINGS IN ANY WAY WHATSOEVER FOR GOOD TITLE, TRADEMARK, OR ANY LEGAL VALIDITY OR CAPACITY. DOMAIN NAMES ARE SUBJECT TO TRADEMARK AND OTHER LAWS AND PRIOR TO YOUR PURCHASE OF ANY DOMAIN NAME, YOU SHOULD HIRE AN ATTORNEY TO PROPERLY PERFORM LEGAL DUE DILIGENCE ON THE DOMAIN NAME TO ENSURE YOUR LEGAL USE OF THE DOMAIN NAME. ANY AND ALL USE OF THIS SITE, SALES AND BIDS ON DOMAIN NAMES, ESCROW AND OTHER SERVICES TO USERS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. InternetBroker, ADVERTISERS AND/OR ITS LICENSORS, HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, LISTINGS ON THIS SITE, THE BIDS MADE THROUGH THIS SITE, AND ALL SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

6 Sales Agreement

6.1 Buyer and Seller agree that the following terms and conditions apply to each Sold Domain:

6.1.1 The effective date of the sales agreement ("Sales Agreement") is the date the Buyer and Seller agree on a purchase price ("Purchase Price") of the domain name ("Domain") at issue.

6.1.2 The Seller guarantees that he/she is the owner of the Domain and may freely dispose of it.

6.1.3 The Seller guarantees that the Domain is not encumbered by the rights of third parties and that he/she has, up to now, not received warnings or preliminary injunctions related to the Domain, nor in any other way, legally or extra-judicially, become aware of the violation of third-party rights or of a violation against applicable law.

6.1.4 Any other warranty upon the part of the Seller for legal defects is excluded. This shall not apply in the event that the Seller has maliciously concealed a legal defect.

6.1.5 The Seller shall be liable only for damages which are based upon intentional wrongdoing or gross negligence upon the part of the Seller, his/her legal representatives or vicarious agents. This shall not apply for damages due to loss of life, bodily injury or damage to health, in the event of the provision of express guarantees by the Seller as well as for the violation of essential contractual obligations.

6.1.6 The Buyer and Seller are in agreement that the technical transaction of the Domain and the transaction of the Purchase Price shall be processed via InternetBroker or its payment processor.

6.1.7 In the relationship to InternetBroker, the Terms of Service shall apply to both Buyer and Seller.

6.1.8 Buyer and Seller shall be obliged to each other and to InternetBroker to provide the necessary cooperation in order to successfully complete the transaction.

6.1.9 In the event of a violation, InternetBroker shall have the right to abort the transfer and to demand the commission from the contractual party who has violated his/her obligation to cooperate.

6.1.10 Payment must be remitted to InternetBroker or its payment processor within five (5) business days from the creation of the payment request.

6.1.11 The contractual relationship between the Seller and Buyer, under the Sales Agreement, to the extent legally permissible, shall be subject to the laws of the State of California, USA.

6.1.12 In the event that a contractual provision, in whole or in part, should be or become invalid, then the validity of the remainder of this Sales Agreement shall remain unaffected.

6.1.13 The Buyer and Seller agree that the prevailing party is entitled attorney's fees from the other should legal action be necessary to enforce rights pursuant to the Sales Agreement.

6.1.14 Conditioned solely upon the ownership representation of the Seller, the payment by the Buyer, and after the full and final transfer of the Domain to Buyer's registrar and/or control:

6.1.14.1 Buyer and Seller fully release and discharge each other and InternetBroker, and their respective predecessors, successors, assigns, parents, subsidiaries, divisions, employees, partners, agents, attorneys, representatives, officers, directors, shareholders, licensees, suppliers, distributors, advertising agencies, affiliated entities and customers, from any and all claims, rights, demands, judgments, liabilities, obligations, losses, damages, costs and expenses, including without intended limitation, reasonable attorneys' fees, actions and causes of action of any kind whatsoever, whether now known or yet to be known, whether statutory or at common law, which either party has or had, arising out of, or in connection with, or incidental to, the Domain.

6.1.14.2 Buyer shall indemnify, defend, and hold harmless Seller and InternetBroker and their respective predecessors, successors, assigns, parents, subsidiaries, divisions, employees, partners, agents, attorneys, representatives, officers, directors, shareholders, licensees, suppliers, distributors, advertising agencies, affiliated entities and customers, and any person or entity claiming by or through them against any and all claims related to the Domain that is made or asserted by any third party.

7 Sales Process and Obligations

7.1 You agree that sales and purchases You make through the Site are binding agreements between You and the other party immediately when (a) a Listing's Instant Price is accepted by a Buyer; (b) an auction expires with a highest bid that is at least the Listing's reserve price; OR (c) the Seller accepts the Buyer's offer or counter-offer or the Buyer accepts the Seller's counter-offer.

7.2 When You sell a domain name on the Site, You will transfer the Sold Domain to the Buyer within 10 business days of receiving notification by InternetBroker that the Buyer's payment is approved, or within 10 business days of receiving payment from the Buyer if the transaction does not include escrow service.

7.3 When You purchase a domain name on the Site, You will (a) send the full payment to be received by InternetBroker (e.g. via Escrow.com) within 10 business days; (b) only use payment instruments and mechanisms authorized by InternetBroker as published on the Site or via its payment processor; (c) perform any necessary steps to receive the registrant transfer from the Seller promptly; (d) not transfer the registration to another registrar until after You have completed all steps of the purchase process; AND (e) notify InternetBroker promptly after registrant transfer is completed. If the public Whois system shows that You are the registrant, or InternetBroker becomes aware in any way that You received the registration, InternetBroker may release the funds to the Seller without any additional confirmation or authorization from You.

7.4 Either party of an escrow transaction may cancel the transaction if the other party of a transaction delays the transaction more than 10 business days provided that the canceling party gives 5 business days notice and the cancellation does not become effective if the cause of delay is resolved within the 5 business days. This cancellation notice cannot be given unless there is a 10 day delay by the other party.

7.5 In the event that the purchase price to be paid by the Buyer has been transferred to the InternetBroker escrow account and the Domain Name has been transferred to the Buyer in whole or in part, neither party to the Sales Agreement may seek cancellation of said ownership transfer or payment. In the event that the parties to the Sales Agreement become involved in a dispute at any time during the transfer and escrow process, InternetBroker may set a reasonable deadline for the parties to reach an agreement. In the event that said deadline passes without a resolution, InternetBroker shall then be entitled to release the purchase price to the to the Seller and the Domain Name to the Buyer in accordance with the Sales Agreement.

7.6 InternetBroker reserves the right to cancel the sale and transfer of a Domain Name if one of the parties to the Sales Agreement fails to fulfill its obligation to cooperate in the transfer process after two (2) requests are made by InternetBroker via the email addresses provided in his/her user account and/or original offer via the Site ("Failed Transfer"). In the case of a Failed Transfer, InternetBroker reserves the right to collect any applicable commission fee from that party who has violated his/her obligation to cooperate in the completion of the transaction. Furthermore, any claims for damage compensation or contractual performance can be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement.

7.7 BUYER AND SELLER AGREE THAT InternetBroker SHALL NOT BE LIABLE FOR DETRIMENT OR DAMAGES ORIGINATING FROM A FAILED TRANSFER PROVIDED THAT SUCH CLAIMS ARE NOT BASED UPON THE INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE OF InternetBroker, ITS STATUTORY REPRESENTATIVES OR VICARIOUS AGENTS. This limitation shall apply particularly in cases in which either the Buyer or Seller rejects the proper completion of transfer-related documents, impedes the execution of the transaction in another way, or in the case where one of the contractual parties cannot be properly identified due to providing incorrect or misleading contact information.

7.8 Your membership information and other information related to a Domain Name purchase and/or sale on the Site may be disclosed to another User who is a party to a binding Sales Agreement if requested to enforce the Sales Agreement.

8 Payment Terms

8.1 Unless otherwise stated, all fees and currency amounts are quoted in United States Dollars. InternetBroker will remit payment of the purchase price for a Sold Domain to the Seller after the expiration of seven (7) days of the purchase of the Sold Domain, net of the commission agreed to between the Seller and InternetBroker (which shall be no less than ten percent (10%)), except where InternetBroker has received notice of potential fraud, or other alleged unlawful activity relating to the Sold Domain ("Fraud Notice").

8.2 In the case where a Fraud Notice has been issued, within seven (7) days, InternetBroker shall cancel the sale transaction and make reasonable commercial efforts to return the Sold Domain back to Seller's control.

8.3 In the event that a credit card company notifies InternetBroker of a chargeback, upon prompt notification and return of the Sold Domain in question to Seller, InternetBroker.com shall have the right to request a refund of the sale price minus the commission already received, or, in the alternative, a refund of the actual amount remitted to InternetBroker for the Sold Domain.

8.4 You, as a Seller, acknowledge, understand and agree that Your sole remedy, and InternetBroker's sole liability, in the event that the sale transaction is cancelled, or a Fraud Notice is received, is a return of the Sold Domain to Your control, unless InternetBroker is barred from taking such action due to legal or registry requirements. InternetBroker provides no warranty of any kind to You.

9 Publication

9.1 In regard to any Listing, You agree that InternetBroker may publish any completed sales information online that may be accessible to the general public.

MISCELLANEOUS:

A. ASSIGNMENT: InternetBroker may assign this Agreement at any time to anyone without notice. You may not assign this Agreement without InternetBroker's written consent. Any attempt by You to assign this Agreement without such consent will be null and void and may result in this Agreement being void, at InternetBroker's sole discretion.

B. CONFIDENTIALITY: In connection with this Agreement, You may receive or have access to commercially or personally valuable technical and non-technical confidential or proprietary information ("Confidential Information") of InternetBroker and/or its advertisers, licensors or suppliers (collectively the "Disclosing Parties"). Confidential Information includes all information, whether oral or written, relating to the business of a Disclosing Party that is not generally known or available to others, including, without limitation, source code and documentation for software, trade secrets, customer lists, pricing strategies, marketing and business plans, information concerning a Disclosing Party's vendors, and a Disclosing Party's contemplated plans, strategies and prospects. You acknowledge and agree that any Confidential Information received or obtained from this Site and/or a Disclosing Party will be the sole and exclusive property of the Disclosing Party and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law. When required by law or court order, You must use diligent reasonable efforts to limit each disclosure and notify the Disclosing Party prior to disclosure so that the Disclosing Party may seek confidential treatment or a protective order preventing such disclosure. Notwithstanding the foregoing, the confidentiality obligations set forth herein shall not apply to any portion of any information which:

  • is now in the public domain, or hereafter enters the public domain through no action by You or any of Your representatives;
  • can be shown to have been known by You or Your representatives at the time it was received;
  • is furnished by any non-party to this Agreement to You, without violation of any restriction on disclosure of such content; or
  • is independently developed by You without reference to any Confidential Information of a Disclosing Party.

Upon termination of this Agreement for any reason, or upon a Disclosing Party's written request, You shall either return the Confidential Information to the Disclosing Party or destroy all Confidential Information and shall certify in writing to the Disclosing Party that all Confidential Information has been returned or destroyed.

C. DISCLAIMER OF WARRANTIES: Except to the extent expressly prohibited by applicable law, all services provided by InternetBroker and/or on the Site are provided on an "as is" and "as provided" basis, without warranties of any kind, either express or implied, including but not limited to warranties as to availability of the Site or Services, completeness, accuracy or timeliness of information, non-infringement, warranties of title or implied warranties of merchantability or fitness for a particular purpose or otherwise, and such warranties are hereby expressly disclaimed.

D. ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement of the Parties and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the Parties as to the subject matter of this Agreement. This Agreement shall be binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties hereto. You may not amend this Agreement unless mutually agreed upon with InternetBroker, set forth in writing, and signed by both Parties. InternetBroker, at its sole discretion, may modify the terms of this Agreement and/or the operation of the Site, at anytime without notice to You. By using the Site and/or any of its Services, You agree to the terms of this Agreement, including any modifications InternetBroker makes, and further waive any rights or claims You may have against InternetBroker.

E. FORCE MAJEURE: Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such Party; provided, that the Party whose performance is affected by any such event gives the other Party written notice thereof within ten (10) business days of such event or occurrence.

F. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California without giving effect to principles of conflict of laws, thereunder, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. Any action to enforce this Agreement or any matter relating to Your use of the Site and/or Services shall be brought exclusively in the Superior Court in Orange County, California, or if there is no jurisdiction in such court, then in the United States District Court for the Central District of California. Each Party shall comply with all applicable laws, rules, and regulations, if any, required in performing its obligations under the Agreement.

G. INDEMNITY: You agree to defend, indemnify and hold harmless InternetBroker and its employees, attorneys, independent contractors, directors, shareholders, members, officers, agents, parents, subsidiaries and affiliates (collectively the "Indemnified Parties") from any and all causes of action, claims, damages, expenses, losses, and liabilities (including reasonable attorneys' fees) related to or arising out of the Site, Services and/or this Agreement, including without limitation claims made by third parties related to Your:

  • liability for information, materials, products or services provided under this Agreement;
  • infringement, misappropriation, misrepresentation or violation of the rights of any third party, including, without limitation, intellectual property rights;
  • disruption of the Services;
  • violation of any applicable law; and/or
  • breach of any of the foregoing representations and warranties.

You further agree to:

  • take all steps reasonably necessary to substitute the Indemnified Parties as the real party in interest and effectuate a dismissal of any Indemnified Party that is named as a party in any third party claim;
  • pay all reasonable attorneys' fees, costs, and expenses associated with the Indemnified Parties defense unless and until they are substituted out, with the Indemnified Parties having the sole right and discretion to select counsel to conduct their defense; and
  • assume full and sole responsibility and liability for any damages, costs, fees, settlements and/or judgments entered on any third party claim. The Indemnified Parties assume no responsibility or liability for any damages, expenses, fees, or costs related to the defense of any third party claim.

H. INTELLECTUAL PROPERTY. Intellectual Property includes, but is not limited to, all data, designs, text, images, photographs, illustrations, artwork, graphic content, or other copyrightable subject matter, in addition to the selection and arrangement thereof, as well as all trademarks, service marks, and trade names appearing on the Site. InternetBroker and its affiliates, assigns, licensors, partners, service providers, subsidiaries or other respective owners (collectively "IP Holders") will retain ownership of their respective Intellectual Property. Except as expressly provided in this Agreement, You are not authorized or licensed to use the IP Holders' Intellectual Property. You will not

  • modify, adapt, translate, register, reproduce, sublicense, distribute or dispose of any of the IP Holders' Intellectual Property rights;
  • alter, create derivative works of, edit, modify or revise the IP Holders' Intellectual Property;
  • reverse engineer, decompile, reverse compile, or disassemble the IP Holders' Intellectual Property in whole or in part;
  • rent, sell, lease, loan, electronically transfer or otherwise make available the IP Holders' Intellectual Property to another party;
  • crawl, spider, index or in any non-transitory manner store or cache information obtained from the IP Holders (including, but not limited to the search results and any other content); or
  • permit any other person or entity to do any of the foregoing.
I. LIMITATION OF LIABILITY

InternetBroker SHALL NOT BE LIABLE FOR ANY LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH ANY ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT OR WITH RESPECT TO ANY OTHER SERVICES OFFERED BY InternetBroker OR OUT OF ANY BREACH OF ANY WARRANTY, AND YOU AGREE TO WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF InternetBroker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE WITHOUT LIMITING THE FOREGOING. IN NO EVENT SHALL InternetBroker'S LIABILITY EXCEED $100 U.S. DOLLARS. InternetBroker DOES NOT REPRESENT THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR, BUG OR VIRUS FREE AND InternetBroker SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACCESS DELAYS, AND/OR ANY INTERRUPTION AND OR DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS BEYOND REASONABLE CONTROL OF ANY OF THE SERVICES OFFERED. SOME JURISDICTIONS MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

J. NOTICE: You agree that any notices required to be given under this Agreement by InternetBroker to You will be deemed to have been given if delivered in accordance with the contact information You have provided. Any notices by You to InternetBroker shall be sufficiently given only if in writing and transmitted by a nationally recognized courier service or mailed by prepaid registered mail addressed to: InternetBroker, 2967 Michelson Dr., Suite G-484, Irvine, CA 92612 (US).

K. RELATIONSHIP OF THE PARTIES: The relationship of the Parties in connection with this Agreement is that of an independent contractor relationship, and no partnership, joint venture or employee/employer relationship is intended or shall be implied.

L. SEVERABILITY: If any term or provision of this Agreement will to any extent be invalid, unenforceable and/or conflict with the law under which this Agreement is to be construed, the remainder of this Agreement will not be affected thereby and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. The ineffective term or provision shall be replaced by a valid one that approaches the ineffective term or provision as closely as possible.

M. STATUTE OF LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement and/or related to Your use of the Site must be filed by You within one (1) year after such claim or cause of action arose or be forever barred.

N. SUCCESSOR: This Agreement shall be binding upon Your heirs, executors, administrators, successors and assigns.

O. TERMINATION: InternetBroker may terminate this Agreement and/or Your access to the Site and/or Services for any reason, or no reason, at any time with or without notice to You.

P. THIRD PARTY BENEFICIARIES: This Agreement shall not be construed to create any obligation or benefit to any non-person or entity which is not a party to this Agreement.

Q. WAIVER: The failure to insist upon or enforce strict performance of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of the right to enforce any such provision or right in any other instance.

Last updated: January 1, 2025

Last updated: January 1, 2025