Domain Market
If you are selling or purchasing domains on Jiinubi s Domain Market ( Marketplace ), the following
additional terms and conditions ( T&Cs and/or Agreement ) apply and
supplement Jiinubi s ( Our ) Universal Terms of Service.
By using Our Domain Market, You explicitly agree to
these T&Cs.
Jiinubi s Marketplace provides a
venue for notifying third parties of the availability of currently-registered,
recently-expired, or recently-released domain names for sale. While some
processes may occur in an auction style format or operate with the label Auction
or online auction , Jiinubi is not an auctioneer or
an escrow agent. By using Our Marketplace, you acknowledge and agree to this
understanding.
To participate in any Marketplace transaction, You must have a valid Jiinubi
customer account. You agree to thoroughly, accurately, and honestly complete
all forms and requests for information by Jiinubi
throughout the Transaction process. You understand and agree that Jiinubi will not be responsible for any false or misleading
information You provide, whether intentionally or unintentionally.
You understand and agree that You are participating in a
Listing Transaction by either: (1) placing a Listing in the Marketplace as a
seller on behalf of Yourself or a third party ( Seller ); (2) purchasing a
domain name vis- -vis the Marketplace on behalf of Yourself or a third party
( Buyer ); or (3) participating in communications and/or negotiations for the
sale or purchase of a domain name in the Marketplace, whether or not such
activities result in a completed sale or purchase ( Interested Party or Bidder ).
Your participation in a Listing Transaction, constitutes an explicit agreement
of these T&C s for Yourself and/or the third party
You represent. You further agree to pay any and all fees, if any, to Jiinubi as set forth on our web site.
Placing a Listing. When You place a listing in
the Marketplace area of Jiinubi s website (as
described below), You understand that this will advertise as a means of
advertising on Your behalf that Your domain name is available for sale to third
parties ( Listing ), You have the ability to place, edit, and remove Listings
in the Marketplace by changing Your domain settings within Your Jiinubi account. Further, you acknowledge and agree that Jiinubi will not and does not place Listings on Your
behalf. Moreover, You understand and agree that You
are solely responsible and liable for any domains placed into the Marketplace
from Your account, whether such placement is intentional or unintentional.
By placing a Listing, You represent and warrant that: (I)
You have all rights, titles, and interests in the domain name as necessary to
complete the Transaction; (II) the domain name does not infringe upon the
intellectual property rights of any third party; (III)the domain name is not
locked or suspended by any registrar or registry; (IV) the domain name is not
currently, and will not in the reasonably foreseeable future be, the subject of
a UDRP dispute, administrative proceeding, or any criminal or civil litigation
of any kind; and (V) You are able to transfer the domain name in accordance
with Your obligations under this Agreement to the buyer upon completion of the
Transaction.
Payment and Transfer. You understand and agree
that these payment and transfer terms apply to Listing Transactions wherein the
Listing specifies a fixed price ( Domain Sale ). You understand and agree that
transfer of the domain name from the Seller s Jiinubi
account to the Buyer s Jiinubi account will not be
completed until Jiinubi has received timely and valid
payment. You further understand and agree that the transfer by Jiinubi of any such domain name is done without warranty,
and Jiinubi expressly disclaims any and all warranties
or representations that the transferred domain name does not infringe upon the
intellectual property rights of any third party, or that the transferred domain
name has any particular amount of time remaining on its term of registration.
You understand and agree that, if You buy a domain name by participating in a
Domain Sale, a buy lock will be placed on the domain name for thirty (30)
days, which prohibits transfer of the domain name to another account or another
registrar. You understand and agree that, if You sell a domain name by
participating in a Domain Sale, You will receive
payment for the domain name in the form of account credit, minus a Jiinubi Listing Fee in an amount specified on our web site,
after a five (5) day Processing Period. By participating in a Domain Sale
transaction, You understand and agree that Jiinubi, without liability to You or
any third party, may suspend, delete, cancel, interrupt, reverse or otherwise
undo a Domain Sale transaction by reversing payment, deleting account credit,
moving a domain name back into a Seller s account or into a separate holding
account, or by taking any other action it deems necessary in its sole
discretion in the event of dispute, fraud, abuse, mistake, error, or any other
circumstances that Jiinubi determines in its sole
discretion to necessitate the interruption or reversal of a Domain Sale
transaction.
Limitations on Domain Sale Feature. You
understand and agree that where a Listing does not specify a fixed price,
Seller and Buyer must negotiate a price and arrange for payment and transfer
independently of Jiinubi s Domain Sale feature. You
further agree to negotiate and arrange for transfer of any service other than
the domain name registration, independently of Jiinubi s
Domain Sale feature. You understand and agree that, although some Listings may
state that the Seller is selling the website in addition to the domain name,
and although the amount of money Jiinubi receives as
payment in a Domain Sale transaction may have the effect of constituting
payment for both the domain name and the website, Jiinubi
has no control over, will not and cannot transfer possession of, any service,
product, property, intellectual property or anything else other than the domain
name identified in the Listing. You understand and agree that Jiinubi may suspend, cancel, or modify performance of the
Domain Sale feature, or Your use or access thereto, at any time and for any
reason, in its sole discretion. You acknowledge and agree that Jiinubi shall have no liability to You for the inability to
complete payment or transfer of a domain name, failure of any payment or
transfer of a domain name, or the inability to use the Domain Sale feature,
regardless of the reason, whether it be technical, administrative, or human
error or difficulties on the part of Jiinubi or any
other party, or any other reason whatsoever.
Termination of Listing. Sellers may withdraw
Listings at any time for any reason by changing the domain settings within
their Jiinubi accounts. In addition, Listings may
terminate if a domain name is disabled, suspended, or removed from the Seller s
customer account for any reason, including but not limited to pushing the
domain to another account, transferring the domain to another registrar, or
expiration of the domain.
Completed Sales. Once the Listing Sale is
complete, whether by way of the Domain Sale feature or other payment and
transfer arrangement, normal terms and conditions of
domain name registrations apply and you expressly agree to such terms.
You acknowledge and agree that the term of registration is whatever period
remains on the Seller s initial registration term at the time of the Listing
Transaction. You understand and agree that You may extend the domain name
registration term by renewing the domain pursuant to the terms set forth in
this Agreement.
Disputes. In the event of a dispute concerning, relating to,
or arising out of a Listing Transaction, You
understand and agree that Jiinubi shall not
participate in any such dispute, except in the limited circumstances explicitly
stated herein with regard to the Domain Sale feature, and You explicitly agree
not to name Jiinubi as a party to any lawsuit,
administrative proceeding or criminal investigation.
From time to time, Jiinubi may
list for sale domain names that have entered into a Post-Expiration
period for their original registration ( Expired Domains ). Transactions
involving Expired Domains may utilize an auction format. Any such sale will not
be final until the end of the Post-Expiration period
for the Expired Domain. During the entire Post-Expiration
period, the original registrant has the right to renew the Expired Domain,
regardless of any payments You may make in an effort to purchase the Expired
Domain. By bidding on the Expired Domain, You as Buyer acknowledge and agree
that if You/Buyer has the winning bid, the transfer of the Expired Domain will
not be completed until after the Post-Expiration
period lapses. If the Expired Domain is renewed by the original registrant, You will receive an account credit for the full purchase
price, or, at Jiinubi s sole discretion, a refund.
Commencement of Expired Auctions. Most expired
auctions commence approximately thirty (30) days after the expiration date of
the original domain name registration. Alternative expired auction commencement
times after the expiration date of the original domain name registration
include approximately: fifteen (15) days for .ws, and
eighty-two (82) days for .uk domains.
Proxy Bidding. You understand and agree that You
may specify a maximum amount that You are willing to bid on a domain, and that
our system will automatically increase Your bid amount by the minimum bid
increment each time another bidder places a bid, so that You remain the high
bidder, up to Your maximum amount ( Proxy Bidding ). You acknowledge and agree
that all Proxy Bids are final and irreversible, and that You may not lower Your
maximum bid amount, or cancel the Proxy Bid, except under extenuating circumstances
as determined in Jiinubi s sole discretion. However, You may increase Your maximum bid amount by placing a new
Proxy Bid. If more than one bidder specifies identical maximum bid amounts, the
bid processed earlier in time, as determined by Jiinubi s
system, prevails.
Payment and Transfer. You understand and agree
that transfer of ownership will not be completed until (I) the Post-Expiration period for the domain s original
registration has elapsed, and (II) Jiinubi has
received Your timely and valid payment. You further understand and agree that
the transfer by Jiinubi of any Expired Domain to a
winning bidder is done without warranty, and Jiinubi
expressly disclaims any and all warranties or representations that the Expired
Domain does not infringe upon the intellectual property rights of any third
party. For all completed auctions, and if You are the winning bidder as
determined by Jiinubi in its sole discretion ( First
Place Winner ), valid payment must be received within seventy-two (72) hours
from the close of the auction ( Payment Window ). You understand and agree that
You bear the sole responsibility for making timely and valid payment, and that Jiinubi disclaims any responsibility for failed or
unreceived payment, regardless of reason or fault. In the event that Jiinubi does not receive Your timely and valid payment, You will immediately lose the right to purchase the
domain. If there is a delay in invoice issuance, the 72-hour Payment
Window will begin from the time the invoice is issued. The party who placed the
next highest auction bid as determined by Jiinubi in
its sole discretion ( Second Place Winner ), then has the right to purchase the
domain. If You are the Second Place Winner, valid payment must be received
within twenty-four (24) hours from the end of the First Place Winner s Payment
Window. You understand and agree that You bear the sole responsibility for
making timely and valid payment, and that Jiinubi
disclaims any responsibility for failed or unreceived payment, regardless of
reason or fault. In the event that Jiinubi does not
receive Your timely and valid payment, You will
immediately lose the right to purchase the domain, and the domain will be
deleted and returned to the central registry.
Termination of Expired Auctions. Expired
auctions terminate at the date and time stated therein. Expired auctions may be
interrupted and cancelled for reasons including, but not limited to, if a
domain is renewed by the original registrant or if a domain name is removed
from the original registrant s account for any reason.
Completed Transactions. Once You have received
use, possession, and/or control over the domain You have purchased at auction,
normal terms and conditions of domain name registrations as set forth elsewhere
in this Agreement apply. This includes Your explicit agreement to Jiinubi s
Domain Registration Agreement. You acknowledge and agree that the
term of the registration is whatever period is so stated in the expired auction
description at the time of closing, or so stated in the domain s settings
and/or summary once placed into Your account.
All Sales Final. All Completed Transactions are
final, irreversible, non-refundable, and ineligible for account credit.
Disputes. In the event of a dispute concerning,
relating to, or arising out of an Expired Auction Transaction, You agree to be bound by Jiinubi s
dispute resolution policy set forth in our Domain Registration Agreement.
Restrictions. Not all domain extensions are
available for auction, including but not limited to .eu,
.cn, .be, and .in.
If You participate in a Marketplace Transaction, You understand and agree that Jiinubi
shall have the right to display certain information, including, but not limited
to, the domain name sold or purchased, information about the timing of the sale
or purchase, and the eventual sale or purchase price.
You agree that Jiinubi, in its sole discretion and without
liability to You for any resulting loss or damages, may take immediate
corrective action, including, but not limited to, removal of all or a portion
of any Marketplace Listing and/or deletion, suspension, cancellation,
termination, or other interruption of Your customer account with Jiinubi, at
any time during the term of this Agreement, in the event of notice of any
possible violation of this Agreement by You or Your end users, or if such service
or account is used in association with morally objectionable activities, or for
any reason whatsoever. In such cases, any and all fees paid to Jiinubi shall be non-refundable and ineligible for account
credit.
JIINUBI IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY
LIABILITY, FOR MARKETPLACE CONTENT AND TRANSACTIONS, AND THE TRUTH, ACCURACY,
AND LEGALITY THEREIN. YOU AGREE THAT JIINUBI SHALL HAVE NO LIABILITY TO YOU OR
YOUR END USERS DUE TO ANY CORRECTIVE ACTION TAKEN BY JIINUBI IN RESPONSE TO YOU
OR YOUR END USERS ACTION OR FAILURES TO ACT.
You understand and agree that Jiinubi
has no obligation to monitor the Marketplace, but reserves the right in its
sole discretion to do so. Jiinubi reserves the right
to edit Marketplace content at any time and for any reason in its sole
discretion.
You understand and agree that You alone bear the sole
responsibility for researching and verifying the truthfulness and accuracy of
information contained in Marketplace Listings. You understand and agree that
Your participation in a Transaction is fully at Your own risk. You further
agree that Jiinubi shall have no responsibility or
liability whatsoever with respect to any Listing or any domain name registered,
purchased, or sold by You or to You vis- -vis a Listing in our Marketplace or
as a result of any Listing in our Marketplace, or with respect to the failure
of any Listing Transaction, and that the Limitation of Liability provision of
the General Provisions shall apply to the domain name registration.
You agree that, from time to time, the Marketplace may be
inaccessible or inoperable for any reason, including but not limited to: (I)
periodic maintenance procedures or repairs; (II) equipment failures and
malfunctions; or, (III) causes beyond Jiinubi s
control or which are not reasonably foreseeable by Jiinubi, including, without
limitation, interruption or failure of telecommunication or digital
transmission connections, hostile network attacks, network traffic and
congestion, or other failures. You agree that Jiinubi
shall not be liable to You or Your end users for any such periods of
inaccessibility or inoperability under this provision.