THE FOLLOWING DESCRIBES THE TERMS ON WHICH RESELL DOMAINS OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to Resell Domains, LLC (Resell Domains), doing business as LLLL.domains and to the Terms of Use (the “Terms of Use”) for Resell Domains auctions. These Terms of Use describe the terms and conditions applicable to a user’s (“Buyer(s)”, “Seller(s)” “You”, or “Your”) use of our auction services available under the domain and sub-domains of Resell Domains’ site (the “Site(s)”, “we”, “us”) and the general principles for the Web sites of our subsidiaries. Use of Resell Domains’ services will constitute acceptance of these Terms of Use. By using our service, you also agree to bound to the terms and conditions of PayPal and EscrowHill, which provide payment and/or escrow services for Buyers and Sellers that use this platform. If you do not agree to be bound by these Terms of Use, do not use or access the services on our Site.

You must read, agree with, and accept all of the terms and conditions contained in these Terms of Use; contained in the Legal Agreements of PayPal [located at https://www.paypal.com/webapps/mpp/ua/legalhub-full?country.x=US&locale.x=en_US]; and Terms and Conditions and Privacy Policies of Escrow com [located at https://www.escrow.com/escrow-101/terms-of-use.aspx];  and the Resell Domains Privacy Policy [located at http://llll.domains/privacy-policy/], before you may become a user of Resell Domains auctions. We strongly recommend that, as you read these Terms of Use, you also access and read the information contained in the other pages and Web sites referred to in this document, as they contain further terms and conditions that apply to you as a Resell Domains user. By accepting these Terms of Use, you also agree that your use of other Resell Domains Web sites will be governed by the Resell Domains Privacy Policy posted on those Web sites.

Current services offered by Resell Domains include, but are not limited to auction services, domain sales, escrow, and file upload (together with other product offerings and services Resell Domains may provide from time to time, the “Services”). Services do not include checking whether the use you make of such domain names or of the Services, infringe the legal rights of third parties. It is your responsibility to know whether the domain names you select or use infringe the legal rights of third parties.

We may amend these Terms of Use at any time by posting the amended terms on our Site. All amended terms shall automatically be effective immediately after they are posted on the Site and you agree to be bound by these amended terms if you continue to use our auction services. These Terms of Use may not be otherwise amended by you except in a writing signed by you and Resell Domains. These Terms of Use are effective upon your participation in any auction as either a Buyer or Seller.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minor children (persons under the age of 18) or to individuals whose use of the Resell Domains auction services has been temporarily or indefinitely suspended. If you do not meet our qualifications, please do not use our Site. By using our services you warrant and represent that you are of legal age to agree to these Terms of Use; and you agree to comply with all applicable laws and regulations governing the use of our services.

Payments

Fees generated by Resell Domains for commissions or other services are payable via Paypal, through our automated system.  All fees are due immediately and are non-refundable—including any fees used to pre-fund your account or otherwise prepaid by you—even if your Services are suspended, terminated, or transferred prior to the end of the Services term. This does not apply to Sellers account proceeds generated from sales to Buyers. Similarly, any services that are over seven (7) days past due may be immediately terminated by us without prior notice to you. We also may, in our sole discretion, use any and all remedies available to us to collect any outstanding fees for Services rendered, including charging the credit card on your file, or collecting funds held in your account.

Renewal of Services

You are solely responsible for ensuring that any Services you desire to renew are properly renewed. Resell Domains shall have no liability to you or to any third party in connection with the renewal or nonrenewal of any Services, including, but not limited to, any failure or errors by Resell Domains or any other party in renewing or failing to renew the Services. Any renewal of your Services will be subject to our then-current terms of use and to payment of all applicable service fees at the time of renewal.

If you paid for any Services by Paypal, you are solely responsible for the Paypal information you provide to Resell Domains and must promptly inform Resell Domains of any changes thereto including, but not limited to, changes of expiration date or account number, security code, or billing address.

Resell Domains is a Venue

Resell Domains is not an Auctioneer. Although we state that the Site includes online auctions, it is important to realize that we are not a traditional “auctioneer.” Instead, the Site acts as a venue to allow parties (Buyers and Sellers) to offer, sell and buy, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as “online auctions” or “auctions.” We cannot ensure that a Buyer or Seller will actually complete a transaction. Consequently, we do not transfer legal ownership of domain names from the Seller to the Buyer. Also we do not and cannot guarantee the acquisition of any domain name through our auction process. Resell Domains uses accepted payment methods

Identity Verification

We attempt to verify the accuracy of the information our users provide us when they register on our Site. However, Resell Domains does not confirm or guarantee any users purported identity. You agree that you assume all risk when transacting business with other users using our system. When asked for information about you, agree to: (1) provide certain true, current, complete and accurate information about you as required by the online registration process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services.

Security of Your Account

When you use any of our Services through our e-mail or web-based or wholesale application process, you are solely responsible for protecting your account and your domain name records (including your contact records and host records) from unauthorized changes by setting, and continuously managing, your password and security settings. You are solely responsible for maintaining the confidentiality and secrecy of your password and account security settings, as well as your Paypal and other information. All consequences resulting from a voluntary disclosure by you of your password or account information, as well as from any activities that occur in your account, are your responsibility.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree that you are responsible for all activity arising from your account, whether initiated by you, by others on your behalf, or by unauthorized third parties. Resell Domains shall be entitled to rely on any requests initiated from your account, whether initiated or authorized by you or not, and shall not be liable for any such activity.

Authorization to Contact You

You agree to receive calls, including autodialed and/or pre-recorded message calls, from Resell Domains at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records to contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law; or to contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future.  If you do not wish to receive such communications, you can opt-out by request.

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using auto-dialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the Resell Domains corporate family and/or our affiliates, for their use, as authorized under our Privacy Policy.

Intellectual Property and Trademarks

We are committed to providing a safer place to buy and sell items, as well as protecting intellectual property rights. Using intellectual property, such as copyrighted material and trademarks, in an unlawful way, is considered infringement, which is against the law and Resell Domains policies.  If you’d like to learn more about the laws and regulations protecting intellectual property, see the U.S. Copyright Office website and the United States Patent and Trademark Office (USPTO) website. All Buyers and Sellers on resell Domains need to make sure they’re following all applicable laws and regulations.

Waiver in the Event of Dispute

Because we are only a venue for auctions to occur, we do not check to see whether the domain name you bid on to register infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others. We will not investigate any trademark claim nor provide you with any notice that we have received such a claim from any third party. You should seek one or more opinions from competent trademark practitioners in connection with any domain name on which you bid. You agree to assume all responsibility in selecting a domain name to register and/or monitor. Should we be sued or threatened with a lawsuit in connection with any domain name and/or subscription to any other of our services, we will turn to you to hold us harmless and indemnify us pursuant to the Indemnification provision of this agreement. Similarly, you recognize that we have no responsibility to determine whether domain names monitored or acquired by others through our site infringe your own rights in trademarks or domain names, and you agree to release Resell Domains from any legal claims asserting such a responsibility.

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name, and/or Resell Domains’s services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves. Resell Domains will allow the selling of domain names that Resell Domains reasonably believes infringe on its own trademarks. Should you fail to substantially prevail in any lawsuit brought against Resell Domains, Resell Domains will be entitled to recover its reasonable attorneys’ fees and costs from you. If you are a California resident, you hereby waive your rights under California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Buyers – Bidding and Buying

As a Buyer, you are obligated to complete the transaction with the Seller:

1)if you purchase a domain name through one of our Buy It Now formats; or

2) if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the Seller, unless the transaction is prohibited by law or by these Terms of Use.

Bidding rules vary by auction and type of auction. You must read the rules for each particular type of auction prior to bidding. The rules for each auction type are written in the following paragraphs.

Reserve: When a domain name is listed for a private or public auction, the Seller may set a reserve price (the “Reserve Price”). If the highest bid does not meet that Reserve Price, then Seller is under no obligation to sell the domain name to the then highest bidder.

Except for special rules that may apply to certain domain names, in which case, those special rules may be posted next to the domain name(s) and will be the controlling auction rules, the following additional rules apply to each of the below types of auctions:

Public Auction: Participation is open to all Resell Domains users that have agreed to these Terms of Use. If no one else places a bid that is more than your bid at the expiration of the auction time, you will be awarded the auctioned domain name and obligated to pay the winning bid amount.

If you are not the winning bidder after completion of a Public Auction but the winning bidder is later disqualified by Resell Domains because of fraud or bidder’s breach of these Terms of Use, Resell Domains may, at its sole discretion, conduct a second auction of the domain name. If such an auction is conducted you will notified by e-mail that a second auction will occur.

In the case of identical high bids, the winner is the bidder who entered their bid first, determined by the time stamp of the bid posting.

By bidding on a domain name, you agree to be bound by any conditions of sale that may be included in the item’s description so long as those conditions of sale are not in violation of these Terms of Use or unlawful.  Bids are not retractable. You also agree that Resell Domains shall have the right in its sole discretion to suspend or cancel any prior to commencement of, during, or after completion of, the auction.

When buying an item, you agree that:

  • You are responsible for reading the full item listing before making a bid or commitment to buy.

  • You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).

  • We do not transfer legal ownership of items from the Seller to the Buyer.

  • Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

Other Rules About Bidding and Paying

  • You can’t use LLLL.domains if your account contains false contact information.  Buyers and Sellers need to be able to get in touch with each other, and we need to be able to contact our members.
  • You must pay for any item you commit to buying. Some Resell Domains Sellers use an auction-style format, allowing you to bid on an item. Bidding is fun, but keep in mind that each bid you make is a binding contract to buy the item if you win. The same is true for Buy It Now purchases. Not paying for an item after you agree to buy it has negative consequences and will likely result in account suspension and/or termination.
  • You can’t bid on your own item.  We call this shill bidding  and it not only violates our policies, it’s against the law in many places.
  • Be careful about bidding on several domain names if you only want one.  If you’re the winning bidder of more than one listing, you need to purchase all the domain names you’ve won, even if they’re the same or similar.
  • Make sure that you read the item description before you bid.  Many of the problems buyers and sellers encounter start with a simple misunderstanding about what is for sale and the terms of the sale. For example, some sellers only want to sell to bidders who live in a certain country, or who will only pay using PayPal or only pay using Escrow.com. Only bid on or buy an item if you can meet the seller’s requirements described in the listing.
  • If you know the Seller, you can’t bid on the item with the intent to increase its price or desirability artificially.  This rule applies to family, friends, roommates, employees, and online connections.  Buying items from someone just to increase their Feedback or improve their search standing is called shill bidding, and it’s against our policies.
  • You can’t offer to buy items outside of Resell Domains.  Our policies don’t cover items bought outside of our site. If you buy items outside of Resell Domains, we don’t protect you against fraud. Sellers must follow the same rule, so if a Seller offers to sell you something outside of Resell Domains, don’t accept the offer.

These rules apply to all transaction-related correspondence between a Seller and Buyer, as well as to the listings.

In addition, you aren’t allowed to make statements such as:

  • “Contact us for payment information.”
  • “Contact us for other payment methods.”
  • “Contact us for your preferred payment method.”
  • “Buyers may request to pay by check or money order.”

All payments for fees charged and collected by Resell Domains are non-refundable. We may choose to change our terms and conditions and such changes are effective when we post the changes on the Site. We may, in our sole discretion, change some or all of our services at any time. In the event we introduce a new service, any fees for that service are effective at the launch of the service. Unless otherwise stated, all payment must be made in U.S. Dollars. By using our services, you agree that you are responsible for making all payment associated with using our service and the Site and all applicable taxes and those payments are due immediately upon demand or may be charged to your  PayPal account which you have provided to us and are non-refundable. In the event of a charge reversal or chargeback by a credit card company or other payment provider, or if we determine in our sole discretion that we are unable or unlikely to collect payment, service may be terminated.

In the event that you default on making payment to the Buyer, after being named the winning bidder, Resell Domains reserves the right to charge, and you agree to pay, a fee for defaulting on payment, the amount of which shall be determined by Resell Domains and can be up to 5% of the final sale price. You will be considered in default if you fail to pay within seven (7) calendar days from the date that the auction closes. After seven days, your account will be placed in “past due” status and you will be unable to bid for any domain name on the Resell Domains Platform until you make payment. If you fail to make your payment within fourteen (14) days from the date the auction closes, your account will be closed permanently.

Listing and Selling

As a Seller, when listing an item, you agree that:

  • Only four letter domain names are allowed to be listed on this platform.  Domain names with numbers, hyphens and Internationalized Domain Names (IDN) are not allowed on the platform.
  • You are responsible for the accuracy and content of the listing and item offered.
  • Your listing may not be immediately searchable on the platform for several hours (or up to 24 hours in some circumstances). Resell Domains can’t guarantee exact listing durations.

  • We strive to create a marketplace where Buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • Buyer’s location, search query, browsing site, and history;

    • item’s location, listing format, price, terms of service, end time, history, and relevance to the user query;

    • Seller’s history, Seller Ratings, and Feedback; and

    • number of listings matching the Buyer’s query.
  • Some advanced listing upgrades will only be visible on certain Services.

Selling Practices and Listing Description

To list a domain name for auction, you must be legally able to transfer the domain name(s) you list for auction on the Site. You must list your domain name(s) and all terms of auction on the listing page of the Site.

Some of the most basic things you can do as a Seller are to provide accurate and consistent details about your item and to be clear and specific about the terms and conditions of the sale. You should also make every effort to provide excellent customer service from start to finish, including:

  • Listing which accepted payment methods you will except (must comply with these Terms and Conditions)
  • Not charging any transfer or handling costs
  • Include details such as domain age, expiration date and current registrar
  • Specifying your handling time and return policy (if any) in your listing
  • Responding to Buyers’ questions promptly
  • Being professional throughout the transaction
  • Making sure the item is delivered to the Buyer as described in your listing
  • Frequently reviewing and updating listings to make sure all information is accurate and up to date

It’s important that you clearly specify the terms and conditions of the sale in your listing so that buyers know what to expect.

You’re required to include the following details in your listing:

  • Excepted payment methods (must comply with these Terms and Conditions)
  • Transfer method and handling time

  • Taxes and any applicable government imposed fees

  • Any other terms of the transaction

You’re required to meet the expectations you’ve set in your listing.

Fees

Once registered, if you are a Seller, you can begin using the platform to sell your LLLL domain names immediately, without any fees to you, unlike other platforms!

After a Seller lists a LLLL domain name for auction and the name sells above any set reserve price, there is a flat 6% commission payable to Resell Domains (parent of LLLL.domains) upon a successful sale, which will be collected at the time of payment through PayPal or Escrow.com.  If the name does not sell, there are no additional fees.

Upon listing a domain name for auction, Sellers can opt to have their listing included as a Featured Auction, which will appear across the scrolling front page Featured Auction listings, for fee of $15.00 USD.

Reserve Prices

A reserve price is the lowest price at which you’re willing to sell your item. The amount of your reserve price is not shown to your bidders, but they will see that your listing has a reserve price that has not been met. If you don’t want to sell your item below a certain price, you could make that amount your starting or Buy It Now price. You can also set a reserve price. If a bidder does not meet your reserve price, you are not obligated to sell your item. Once the reserve price has been met, the reserve price message is no longer displayed in the listing.

Make sure your listing follows these guidelines. If it doesn’t, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and/or suspension or termination of your account.

Binding Bids

If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the Seller to complete the transaction with the highest bidder upon completion of the auction, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the Buyer’s identity.

Transfer Handling Time

Specify in your listing clearly and accurately when the item will be transferred.  Transfer of domain names shall be initiated within three (3) days upon payment and domain names should be completely transferred to the buyer within 30 days from the date of purchase.

Fraud

Without limiting any other remedies, Resell Domains may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our Site.

Duplicate Listings

Sellers can’t have more than one fixed price listing of an identical item at the same time.  These restrictions on duplicate listings include listing an identical item in different categories or listing an identical item using different user IDs.

If your listings don’t follow these guidelines, they may be removed or not displayed in the search results. You may also be subject to a range of other actions, including limits or suspension of your buying and selling privileges.

Your Information

“Your Information” is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for the online distribution and publication of Your Information.

Restricted Activities

Your Information (or any domain names that you list for auction on our Site) and all of your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the transfer of hijacked or stolen domain names; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or; (g) create any liability for Resell Domains, LLC or its members, officers, directors, employees or agents, or cause us to lose (in whole or in part) services provided to us from our third party suppliers and/or advertisers.

International Buying and Selling

Resell Domains platforms are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as translating tools and estimated local currency conversion, and do not guarantee their accuracy. Sellers and Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

To assist users who may speak different languages, we may translate listings and other user and/or Resell Domains content, in whole or part, into other languages. If you are a Buyer, we also may provide you with access to tools so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from a Resell Domains user. The accuracy or availability of the translation resulting from such on-demand translation is not guaranteed.

License

Solely to enable Resell Domains to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.

Account Access

To access or use the Resell Domains services or to modify your account, you may be required to establish an account and obtain a login name, account number and password. You authorize us to process any and all account transactions initiated through the use of your password. You are solely responsible for maintaining the confidentiality of your password. Resell Domains does not guarantee the security of your account information and you assume all risks that the password you select may be compromised as a result of fraudulent, unauthorized or illegal activity. You must immediately notify us of any unauthorized use of your password, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password. You agree that we may log off any account that is inactive for an extended period of time.

Privacy Policy

We will only use Your Information as described in the Resell Domains Privacy Policy [located at http://llll.domains/privacy-policy/]. We understand clearly that you and Your Information is one of our most important assets. If you object to Your Information being transferred or used in this way you may opt-out of receiving some third party advertising or refrain from using our services. You agree that we, in our sole discretion, may modify our Privacy Policy at any time. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the Privacy Policy become effective, you have agreed to these modifications. If you do not agree to any such modification, your only remedy is to terminate your account with us.

Breach
You agree that all of the following may be considered by us a material breach of your obligations under this Agreement:

  1. Your failure to abide by any provision of this Agreement and any Resell Domains operating rule or policy;
  2. Your failure to pay any amounts due pursuant to this Agreement or any other written or online agreement with us for the Services;
  3. Your willful provision of inaccurate or unreliable contact data as part of the application process;
  4. Your failure to update your contact data so that it is current, complete and accurate; and
  5. Your failure to respond for more than fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact data associated with your domain name registration.
  6. As expressly provided in other Sections of this Agreement.

You agree that if any of the preceding events occurs, we may provide you with written notice describing the breach to you. If within ten (10) calendar days of the date of such notice you have not provided evidence deemed satisfactory by us that you have not breached this Agreement, any other agreement you may have entered into in writing with Resell Domains, any terms of use, operating rule, or policy, or the Dispute Policy, we may terminate any other Resell Domains Services you are using without further notice. We will not refund any fees paid by you if we terminate your Agreement due to your breach.

No Warranty

YOU AGREE THAT YOUR USE OF OUR AUCTION SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER RESELL DOMAINS, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AGENTS, MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HERE UNDER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AUCTION SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY DOMAIN NAMES OR OTHER SERVICES PURCHASED OR OBTAINED THROUGH OUR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DOMAIN NAMES OR OTHER SERVICES PURCHASED BY YOU FROM A THIRD PARTY THROUGH OUR SITE.

Liability Limit

IN NO EVENT SHALL WE, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, ADVERTISERS OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1,000. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.

Indemnity

You agree to release, indemnify, defend and hold harmless Resell Domains, LLC, and any of its members, employees, officers, directors, agents, affiliates, advertisers and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of (a) these Terms of Use or the breach of your warranties, representations and obligations under these Terms of Use, (b) the Resell Domains domain name auction or listing services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, or (e) any information or data you supplied to Resell Domains, including, without limitation, any misrepresentation in your registration application, if applicable. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of these Terms of Use. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Resell Domains services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of these Terms of Use.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of domain names.

You agree to use our services only for lawful purposes. Any misuse of Resell Domains resources that disrupts the normal use of the auction or domain name registration system is strictly prohibited. Such system abuse may lead to termination of the account.

Examples of system abuse include but are not limited to spawning many processes that consume resources, consuming excessive amounts of disk storage or main memory or CPU for long periods of time, etc. Any attempts to penetrate Resell Domains’s security will result in the termination of your account without notice, as well as notification of appropriate law-enforcement agencies.

Agency

You and Resell Domains are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

If you are acting as an agent of another when using our services, you represent that you have the authority to bind your principal to all terms and conditions contained in these Terms of Use. A breach of these Terms of Use by your principal or licensee will be considered a breach by you.

User Representations and Warranties

You agree and warrant that: (i) the information that you or your agent provide to us is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (ii) to the best of your knowledge and belief neither the registration of any domain name nor the manner in which you intend to use such domain name or any other Resell Domains service will directly or indirectly infringe the legal rights of a third party, including trademark rights, (iii) you are not registering a domain name for an unlawful purpose; (iv) you will not knowingly use the domain name in violation of any applicable laws or regulations, (v) you are of legal age and have all requisite power and authority to agree to these Terms of Use and to perform your obligations here under.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to A Registered Agent, Inc., 1521 Concord Pike STE 303, Wilmington, DE 19803, with a copy to Resell Domains Legal Department, P.O. Box 237, Narragansett, RI 02882. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Resell Domains during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

Resolution of Disputes

In the event a dispute arises between you and Resell Domains, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute as an alternative to litigation. You agree to hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.

Binding Arbitration

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either you or Resell Domains may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Application of Rhode Island Law & Jurisdiction

You understand and acknowledge that Resell Domains, LLC, a Delaware Limited Liability Company, is doing business as LLLL.Domains and provides certain services to Resell Domains from its corporate headquarters located in Narragansett, Rhode Island. As such, you agree that this Agreement and any disputes here under shall be governed in all respects by and construed in accordance with the laws of the State of Rhode Island, without regard to conflicts of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for Rhode Island for any disputes between you and Resell Domains under, arising out of, or related in any way to this Agreement (whether or not such disputes also involve other parties in addition to you and Resell Domains).

Additional Terms

The following policies are incorporated into these Terms of Use by reference and provide additional terms and conditions related to specific services offered on the Site: Listing Auction Agreement, Resell Domains Privacy Policy. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty (30) days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into these Terms of Use.

Termination or Suspension

You may terminate your agreement with us upon at least thirty (30) days written notice to Resell Domains for any reason. We may terminate our agreement with you or any part of the Resell Domains services at any time in the event you breach any obligation under these Terms of Use, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 6 of these Terms of Use, or upon thirty (30) days prior written notice if we terminate or significantly alter a service offering. If termination of our agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Resell Domains incurs in closing your account. You agree to pay any and all costs incurred by Resell Domains in enforcing your compliance with this Section.

Remaining General Terms

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Resell Domains in accordance with Section 16 “Notices”, in our sole discretion, however, your rights and obligations under these Terms of Use are not assignable or transferable; 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. These Terms of Use sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections entitled by bold including Eligibility, Payment for Domains, Waiver in Event of Dispute, License, No Warranty, Liability Limit, indemnity and Application of Rhode Island Law & Jurisdiction and General shall survive any termination or expiration of these Terms of Use.

By registering an account for a Resell Domains service(s) through our online application process or otherwise, or by using the service(s) provided by Resell Domains under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and all agreement and policies incorporated herein by reference.

Successors and Assigns

Except as otherwise expressly provided herein, this Agreement shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Attorney Fees and Costs

If Resell Domains prevails in any action, suit, or proceeding arising from or based upon this Agreement, Resell Domains shall be entitled to recover from you its reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding

Force Majeure

Neither you or Resell Domains shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Resell Domains, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party.

Customer Support

Questions regarding our services may be reported to Customer Support using the Contact Form [located at http://llll.domains/contact-us/]. Alternatively, you may write to our Customer Support Center at

Resell Domains, LLC

ATTN: Customer Support

P.O. Box 237

Narragansett, RI  02882