Lookmark Domain Name Aftermarket Membership Agreement
This Lookmark Domain Name Aftermarket Membership Agreement ("Agreement") is by and between Lookmark.com ("Lookmark") and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Lookmark's Domain Name Aftermarket Services (the "Services") and represents the entire agreement between You and Lookmark. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including the Universal Terms of Service which Lookmark may establish from time to time.
All Lookmark policies and agreements related to Your use of this service are incorporated herein and made part of this Agreement by reference, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”). By using Lookmark's services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Lookmark may establish from time to time, and any agreements that Lookmark is currently bound by or will be bound by in the future. Such Agreements may be found here.
1. DESCRIPTION OF SERVICE
The Services are provided to facilitate the buying and selling of currently registered domain names. Lookmark provides a venue and a transaction facilitation process. Lookmark is not an auctioneer or an escrow agent. Although the process occurs in an 'auction-style' format, Lookmark is not in custody of all of the domain names listed on the Site. As result, Lookmark has no control over the quality, safety or legality of the domain names listed. Domain names listed may be withdrawn at any time by the seller or by Lookmark . If You engage in a transaction with a selling price $500 or greater, You acknowledge and agree to be bound by any agreements required by the third party escrow service. You acknowledge that third party escrow services will not be available for all transactions.
In transactions with a selling price of less than $500 third party escrow service is not available. In these transactions, Lookmark acts as a transaction facilitator to help you make and receive payments from third parties. Lookmark is not an escrow agent, rather we act as your agent based upon your direction and requests to use the Services that require us to perform tasks on your behalf. Lookmark will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that Lookmark is not a bank and the Service is a payment processing service rather than a banking service. You further acknowledge that Lookmark is not acting as a trustee, fiduciary or escrow with respect to your funds.
In all transactions, where the domain name is registered to Lookmark , domain names purchased through the Service may not be transferred away from Lookmark to another registrar for a period of sixty (60) days following the Change of Ownership date.
2. YOUR OBLIGATIONS
You agree to thoroughly, accurately and honestly complete all forms and requests for information provided by Lookmark throughout the process. You agree that Lookmark will not be responsible for any false or misleading information You provide, whether intentionally or unintentionally.
You agree to notify Lookmark within 5 business days when any of the information You provided as part of the listing/buying process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide Lookmark with accurate and reliable information on an initial and continual basis, shall be considered a material breach of this Agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Lookmark to determine the validity of information provided by You, shall also be considered a material breach of this Agreement.
In the event Your transaction is over $500 and includes third party escrow service, Lookmark may disclose personally identifiable information to such third party escrow service for the sole purpose of facilitating the transaction. By listing or bidding on a domain name which exceeds the minimum escrow price established by the site requiring the use of a third party escrow service, You acknowledge and agree to the sharing of such information.
Listing Domain Names
You may use the Services to list domain names to which You (i) have ownership rights for sale and (ii) are able to transfer in accordance with Your obligations under this Agreement. By using the Services for such purposes, You represent and warrant that (i) You have all rights, titles and interests in the domain name necessary to complete the transaction, (ii) the domain name does not infringe on the intellectual property rights of anyone else, and (iii) You have the right to transfer the domain name in accordance with Your obligations under this Agreement. You further agree that the domain name is not currently or will not in the foreseeable future be associated with a Uniform Dispute Resolution Policy Dispute or other such litigation. In the event You are unable to comply or fail to comply with your obligations under this Agreement, Lookmark expressly reserves the right to delist any or all of Your domain names immediately upon Lookmark becoming aware of Your failure to comply.
You may list Your domain name for any duration offered on the site. You agree to pay the listing fee associated with the duration period You choose at the time of the listing. You may choose to supplement the listing with various additional services such as Additional Category listings, Featured Category listings, or Buy Now options. By using the additional services, You agree to pay any additional charges that Lookmark may associate with the additional services. Lookmark reserves the right to modify its pricing structure at any time. If You find a Buyer using the Services, the transaction must be completed within the Services. For each transaction completed within the Services, You agree to pay Lookmark a transaction fee according to the fee schedule published on the site . Such transaction fee will be payable directly to Lookmark unless You elect to use a third party escrow service, in which case all fees will be paid to the third party escrow service.
You agree that You will not sell the domain name to any Buyer found through the Services without using the Services to complete the transaction. Should Lookmark find that You are circumventing the Services, Lookmark reserves the right to terminate Your account and cancel all of Your listings.
Purchasing/Bidding on Domain Names
As a Buyer, You are obligated to complete the transaction if You purchase the domain name through a fixed price, Buy Now format or if You are the highest bidder at the end of an auction and Your bid meets or exceeds the minimum bid or reserve price. You acknowledge that some listed domains may be subject to an additional renewal fee. For those domains, the renewal fee will be added to your bid or Buy Now price to form the purchase price. You agree that by completing the transaction, You are responsible for payment of the renewal fee. By initiating and sending payments through the Service, You appoint Lookmark as Your agent to obtain the funds on Your behalf and transfer them to the recipient that You designate. Lookmark will obtain the funds first by the Payment Method You have designated. If there are insufficient funds or invalid credit card information, Lookmark may obtain the remaining funds by charging any Payment Method You have on file. Once You send payment, Lookmark will hold those funds as Your agent for a prescribed period of time based on the type of transaction, at which time Lookmark will release the funds to the Seller. At no time will You be able to withdraw those funds or send the funds to another recipient unless the initial transaction is canceled. Should the Seller refuse payment, the funds, minus the administration fee as outlined in the pricing structure, will be returned to You. You agree that Lookmark is not responsible for payments refused by Seller.
Lookmark Domains
From time to time Lookmark may list domain names which Lookmark owns ("Lookmark Domains"). If for some reason a Lookmark Domain is not transferred, Lookmark will refund the full purchase price. In such event, the parties expressly agree that Buyer's damages are limited to a refund of the purchase price.
Buyer acknowledges that Lookmark Domains must be renewed upon purchase. A one year renewal fee will be added to the purchase price for each Lookmark Domain purchased. The successful bid amount plus the one year renewal fee will be charged to the Payment Method we have on file upon closing of the listing.
Some Lookmark Domain listings may include traffic data labeled as "Unique Visitors" (the "Traffic Data"). The Traffic Data is provided AS IS and for informational purposes only. The Traffic Data reflects internally calculated data and does not represent a guarantee of continued traffic in any way.
Transfer of Ownership
Lookmark does not own all of the Domain Names listed on the Site and cannot guarantee immediate transfer. For Domain Names Lookmark does own that are purchased in a Buy Now format, transfer of ownership will begin upon completion of the check out procedure. For Domain Names Lookmark owns but designates as Expired Domains and list using the Auction format, transfer of ownership will not be completed until forty five (45) days after the original date of expiration (approximately fourteen (14) days after the close of the Auction). For all transactions, payment is due within five (5) days from the close of the listing. Further, the transfer by Lookmark of any Domain Name to a successful bidder is done without warranty and Lookmark expressly waives any and all warranties or representations that a Domain Name does not infringe upon the intellectual rights of a third party.
Selling Domain Names
As a Seller, You are obligated to complete the transaction if the Buyer commits to purchase the domain through a fixed price, Buy Now format or if the Buyer meets or exceeds the minimum bid or reserve price. By receiving payments through the Service, You appoint Lookmark as Your Agent to receive and deposit funds on Your behalf. If You are a domestic Member, funds over a minimum of $5.00 received on Your behalf may be paid via Your PayPal Account or Your Good as Gold Account ("Deposit Account"). It is Your responsibility to provide a valid PayPal Account number. Failure to provide valid Deposit Account information will cause Your payments to be withheld pending receipt by Lookmark of proper Deposit instructions.
You hereby authorize Lookmark to initiate and post credit (positive) entries for payments to the Deposit Account. You understand the amount initiated and posted to the Deposit Account will represent payment for domain names sold using the Service, less any applicable fees and/or charge backs. Proceeds from a sale will be made to your selected Deposit Account approximately 31 days after Buyer's deposit of funds in connection with such purchase. You hereby authorize Lookmark to initiate and post debit (negative) entries to the Deposit Account to reverse erroneous payments and/or make adjustments to incorrect payments.
The authority granted to Lookmark by the Deposit Account owner herein will remain in full force and effect until Lookmark has received written notification from the Deposit Account owner that such authority has been revoked, but in any event, such writing shall be provided in such a manner as to afford Lookmark a reasonable opportunity to act on such revocation, or until Lookmark has sent notice to terminate this Agreement.
In the event of a payment charge back, Lookmark will deduct the amount of the Payment from Seller’s Payment Method on File. In the event that chargeback experience is high, as determined by Lookmark, Lookmark reserves the right to hold back 20% of all Seller's Payments for 90 days from the date the Payment was to be paid.
3. Lookmark 's Rights
In addition to any and all other rights reserved by Lookmark in this Agreement, Lookmark explicitly reserves the right and sole discretion to: (i) modify its pricing through email notification; (ii) review Your use of the Service for compliance with this Agreement and any Terms of Service which Lookmark may from time to time establish; (iii) establish limits and guidelines concerning the use of the Service; (iv) terminate Your Service for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Service fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that Lookmark determines to be harmful to its other customers, operations, or reputation; (v) terminate Your Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against Lookmark or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, and (vi) terminate Your Service if You have not accessed or logged into it for 90 days. Lookmark has no obligation to monitor the Service, but reserves the right in its sole discretion to do so. Lookmark reserves the right to edit the descriptions and comments on listings. You acknowledge and agree that Lookmark 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 sales or purchase price, in connection with the sale or purchase of domains names on the Site.
4. DISPUTE POLICY
Occasionally, a Dispute might arise regarding a transaction begun or completed through the Services. In such instance, You agree to be bound by Lookmark 's Dispute Policy. Lookmark reserves the right to modify the Dispute Policy at any time, without notice.
Filing a Dispute
To file a Dispute, you must submit an email to sales@lookmark.com . The email must include, Your account number, name and contact information, the order number associated with the transaction, the domain name over which the Dispute arises and a detailed account of the Dispute. Such email must be received within 30 days from the sale date.
Once a Dispute has been received, Lookmark will place the transaction into a "Hold" status while it investigates the Dispute. Lookmark reserves the right, in its sole discretion, to close any Dispute it deems invalid or resolved. After investigation, Lookmark will notify the Buyer and the Seller of the outcome of the investigation and complete or terminate the transaction as Lookmark , in its sole discretion, deems appropriate.
Lookmark reserves the right to charge an administration fee to cover the costs associated with investigation of a Dispute. As such, You agree that Lookmark may charge an Administration fee to the Payment Method we have on file for You if a Dispute is filed involving a domain name which You have listed or purchased through the Service. Should Lookmark receive multiple complaints regarding transactions in which You are involved, Lookmark may, in its sole discretion, cancel Your account and terminate all listings You have.
In the event that you have a Dispute with one or more Members, you release Lookmark , its Affiliates, officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such Dispute.
5 REMEDIES AND RIGHT TO CANCEL
Without limiting other remedies, if : (i) You breach this Agreement or any document incorporated by reference; (ii) Lookmark determines Your actions may pose a risk to Lookmark or its members; or (iii) Lookmark determines Your use of the Services infringes on the intellectual property or legal rights of others, Lookmark may immediately warn its members of Your actions; place a hold on any pending transactions associated with Your accounts; limit funding sources and Payments; limit Your access to Your accounts or to any functionality of Your account; or indefinitely suspend or close Your account and refuse to provide our Services to You. In addition, Lookmark reserves the right to hold funds beyond normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If Lookmark closes Your account, Lookmark will provide notice and pay you all of the unrestricted funds in Your account due to You.
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