Updated: 12 March 2008
This Domain Name Bidding and Registration Agreement ("Agreement") sets forth the terms and conditions for placing domain name bids through expireddomains.co.nz ("Expired Domains") and registrations through the Registrar partner, 1stdomains.co.nz (1st Domains).
Hereinafter, "you" and "your" shall refer to each customer, "we," "us," "service," and "our" shall refer to Expired Domains. To complete the sign-up process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement and any registration rules or policies that are or may be published from time to time by Registrar partner, the .nz Registry and/or InternetNZ. Submission of your account, bid and any subsequent domain name registration constitutes acceptance of all the terms and conditions contained and referenced herein.
Expired Domains may elect to accept or reject your account application for any reason at its sole discretion.
1. Our Services
1.1 Expired Domains provides a .nz domain name auction service provided through a process as per rules found on the Expired Domains site, located at URL www.expireddomains.co.nz. Once a domain name auction has been won, the winning bidder agrees to have the domain name registered with a Registrar partner for a period of one year, in accordance with the successful Registrar terms and conditions. The .nz Registry operates on a first in, first served basis and therefore Expired Domains makes no guarantee that a registration attempt will be successful. All domain name registrations for .nz domain names are not effective until you receive a domain name registration confirmation from the successful Registrar partner.
1.2 You agree and acknowledge that Expired Domains, and its agents and employees, are not liable or responsible in any way for any errors, omissions or any other actions by Expired Domains arising out of or related to your application and receipt of, or failure to receive, a successful bid or domain name registration. You further agree to indemnify, defend and hold harmless Expired Domains and any Registrar partner, their directors, advisors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, use of the Expired Domains website.
2.1 As consideration for a successful bid provided through Expired Domains and registration provided a Registrar partner, you agree to allow the successful Registrar partner to charge your designated credit card the amount specified by Expired Domains. There will be no charge to you for placing bids on domain names until Expired Domains advises that you are the successful bidder and the domain name has been successfully registered with a Registrar partner. All fees are non-refundable. Expired Domains reserves the right to add fees and/or surcharges at any time, for any reason, at its sole discretion.
2.2 Your requested domain name will not be registered until the successful Registrar partner successfully charges your credit card for the value of the successful bid, which includes a 12 month registration period. If your credit card declines for whatever reason during this process the domain name will be offered to the next highest bidder. If you bid on an expired domain name auction, you understand that if the domain name is renewed by the original Registrant, the auction will be withdrawn and a registration attempt will not be made for the domain name.
3.1 If you bid on a domain name and are the successful bidder, the successful Registrar partner will charge the full bid amount to your credit card without further notice to you. You will be notified of the successful bid and registration immediately after the registration is completed.
In addition, it is your responsibility to verify if any domain is infringing anyone else's rights, prior to bidding or registration. If the domain name you have registered is found to be infringing on another person's rights, based solely on Expired Domains or a Registrar partner discretion, the successful Registrar partner has the right to cancel your domain name registration immediately. If your rights are terminated, your sole remedy will be limited to a refund of the price paid to us for the domain name. If it is a wilful violation of our terms and conditions, you will not be entitled to any refund. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME. YOU AGREE TO INDEMNIFY US FOR ANY ACTION COMMENCED BECAUSE OF YOUR FAILURE TO FOLLOW THE TERMS OF THIS AGREEMENT AND INFORM AND VERIFY THE ACCEPTANCE OF THIS AGREEMENT BY OTHER USERS OF THE DOMAIN.
4. Transfer to Another Registrar
4.1 You agree that if your domain is successfully registered, you may not transfer your domain name registration to another domain name Registrar with the first 5 days of your initial domain name registration.
5. Required Domain Name Registration Information and Its Use
5.1 You are required to submit and keep current the following information, as part of the bidding and registration process. This information must be current, complete and accurate.
- Your personal or organisation name;
- Your physical or postal address, e-mail address, telephone number, and where available, fax number;
- Your current credit card details.
5.2 All other information, which we may request from you at registration, is voluntary. However, not providing this information may prevent you from obtaining all products and services made available by Expired Domains.
5.3 Expired Domains maintains additional information relating to your account. This information may include:
- The original creation date of your account;
- The date and time and general logs of your account relating to bidding on and registering domain names;
- Communications (electronic or paper form) constituting registrations, modifications, or terminations and related correspondence between you and us;
- The name, postal address, e-mail address, telephone number, and fax number;
- Information regarding all other activity between you and us regarding your bidding history and related services.
5.4 In the event that, in bidding on or registering a domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
5.5 You acknowledge that wilfully providing inaccurate information or wilfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of any active bids. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Expired Domains, concerning the accuracy of contact details associated with your account details shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your account.
5.6 Expired Domains will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access; or disclosure, alteration or destruction of that information.
6. Ownership of Data
6.1 You agree and acknowledge that Expired Domains owns all database, compilation, collective and similar rights, title and interests worldwide in our Expired Domains website, and all information and derivative works generated from the website database.
7. Agents and Licenses
7.1 You agree that, if you are bidding on or registering a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein.
8. Limitation of Liability
8.1 YOU AGREE THAT EXPIRED DOMAINS WILL NOT BE LIABLE FOR ANY (a) UNSUCCESSFUL BID ON A DOMAIN NAME LISTED ON EXPIRED DOMAINS, (b) USE OF YOUR EXPIRED DOMAINS ACCOUNT BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE EXPIRED DOMAINS SITE; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS OUT OF EXPIRED DOMAINS REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. EXPIRED DOMAINS ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE, EVEN IF EXPIRED DOMAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXPIRED DOMAINS MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF A DOMAIN NAME.
9.1 You agree to defend, indemnify and hold harmless Expired Domains and 1st Domains, and their respective directors, employees and agents, from and against any and all claims for any loss, damages or costs, including reasonable solicitors' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name.
10. Representations and Warranties
10.1 You represent that, to the best of your knowledge and belief that the registration of neither the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate.
10.2 EXPIRED DOMAINS AND 1ST DOMAINS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE BIDDING PROCESS, REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNISE YOU EITHER FROM CHALLENGES TO YOUR WINNING BID OR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.