Domain Name Backorder and Auction Service Agreement

Posted on:2022-01-14 14:46:22 Views: 196

This agreement constitutes a binding contract between Zname.com and you, the user (“You” or “User”). Before using the domain name backorder and auction service provided by Zname.com (“Service”), please read carefully and fully understand the terms and conditions of this Agreement. In case of any objection or incomprehension of this Agreement, please do not proceed. Otherwise, by using our Service, you hereby accept this Service Agreement in full.

1. Definition

1.1 "Domain name reservation" refers to the preemptive registration of a domain to be deleted. According to the rules of the registry, when the registered domain expires and the domain owner fails to renew, the registry will delete the domain after a period of time. The domain can be re-registered after it is deleted.

Zname.com provides a reservation service that allows users to subscribe to a domain until the domain is deleted by the registry. Once deleted, Zname.com will automatically submit a registration request to the registry, and the success rate of automatic registration submitted by the system is much higher than that of manual registration on a first come first served basis. No auction is needed after subscription. You will get the ownership of the domain once the backorder succeeds.

1.2 "Zname.com" refers to the platform that provides users with the system, technical and service support to backorder domains.

1.3 "User" refers to the Zname.com members who backorder domains through Zname.com platform, including individuals (natural persons, sole proprietorships, individual partnerships and individual businesses, etc.) and entities (government offices, corporate partnerships, institutions, social organizations, etc.).

2. Service Description

2.1 Zname.com provides users with technical and service support for domain backorder. Zname.com reserves the right to define the scope of domain backorder service provided to users, such as to add, delete, update, adjust or cancel this service according to the company's business.

2.2 Domain Name Reservation

2.2.1 The User makes a reservation through the domain backorder system provided by Zname.com and completes the reservation by paying the deposit.

2.2.2 When a domain is deleted by the registry, Zname.com will automatically submit a registration request to the registry to help the user complete the registration. You understand and agree that a successful reservation does not guarantee the success of the backorder. If the backorder fails, the relevant funds will be returned to User's account.

2.2.3 Deadline for domain backorder: 24:00 (UTC+8) on the day the domain is deleted. Please make your reservation before 23:00 (UTC+8) if possible, otherwise we cannot guarantee the success of the submission in external platforms.

2.3 Auction

Once the backorder succeeds, the domain will go to your account on the same day after verification. Only a few domains will enter the auction process. For these domains, you need to wait for about 3 days without placing any bid.

2.4 Payment

The winner of the auction needs to pay within 3 days. If the User fails to complete the payment during such time period, fees will be deducted from User’s account balance, followed by the domain name delivery process. If payment fails due to insufficient balance, this will constitute a breach of the Agreement, which is not allowed by Zname.com.

2.4.1 In case of any breach of the Agreement, Zname.com will freeze your account and all the domains under it. You need to contact the customer service on Zname.com within three days, otherwise all the domains under your account will be handled by Zname.com and the deducted fees are not refundable.

2.4.2 The use of backordered domains must comply with applicable laws and shall not be in bad faith. Once found, the domain and account will be blocked and the fees are not refundable.

2.5 Domain Name Delivery

2.5.1 Once the auction is over, the domain will enter the delivery process, which takes 1-2 business days after successful payment.

2.5.2 You understand and agree that in order to facilitate the delivery, a temporary template provided by Zname.com will be used. Upon delivery, you shall modify the domain contact information to ensure the authenticity and accuracy.

2.5.3 You understand and agree that domains using the temporary template are not available for PUSH, transfer or DNS modification.

3. Rights and Obligations of Users

3.1 You hereby understand and warrant that:

3.1.1 Your use of the Service means you have carefully read and fully understood the terms and conditions of this Agreement and domain backorder rules published on Zname.com. Zname.com does not accept incomplete understanding or misinterpretation of the foregoing rules as reasons for any violation or breach.

3.1.2 You shall be solely responsible for the authenticity and accuracy of the information you provide to Zname.com and any error caused by you, whether intended or not.

3.1.3 The description of the domain displayed on Zname.com is for reference only. It does not serve as the basis for domain evaluation. Your use of such reference is at your own discretion.

3.1.4 Under no circumstances should Users trust online information related to assets including but not limited to loans and passwords. You have the responsibility to verify the identity of the other party prior to any transaction involving assets.

3.1.5 You understand and agree that in case of any fraud, infringement or violation of this Agreement or applicable laws in the process of domain name backorder and auction, Zname.com reserves the right, in its absolute and sole discretion, to terminate this Service and take necessary actions, including but not limited to removing the domain listing, locking the domain, prohibiting domain info modification and transfer, and nullifying the domain transaction.

3.1.6 You shall provide correct, accurate and current contact information to Zname.com and be responsible for any consequence caused by inaccurate contact information. You agree that, in case of any dispute or claim arising out of a domain transaction, Zname.com reserves the right to disclose your information to the other party with whom the transaction was entered into for the purpose of resolving such dispute or claim.

3.1.7 You shall not use the transaction rules of Zname.com to conduct any illegal activities, including but not limited to credit card cashing and money laundering. The funds paid by you for the purchase of domains should be gained legitimately. You shall be solely responsible for any consequence caused by illegal funds

3.1.8 You understand and agree that if Zname.com or other third parties, including but not limited to government agencies, authorities, courts and registries determines that there is a violation or illegal use of certain domains, Zname.com reserves the right, in its absolute and sole discretion, to terminate this Service and take necessary actions, including but not limited to removing the domain listing, locking the domain, prohibiting domain info modification and transfer, and nullifying the domain transaction.

3.1.9 You understand and agree that Zname.com reserves the right, in its absolute and sole discretion, to take such actions as temporarily freezing or permanently block the transaction function, blacklisting, and restricting the overall operation of the account against the user who maliciously disrupts the trading market.

4. Rights and Obligations of Zname.com

4.1 Zname.com hereby warrant:

4.1.1 Zname.com will provide necessary technical and management support to ensure that the operation of the domain name registration system runs smoothly .

4.1.2 Zname.com will take security and confidentiality measures to protect all data and information involving business secrets or personal information of Users. Without the consent of the parties to the transaction, it shall not disclose, transfer, use or sell to any third party the parties concerned, transaction records and other data involving business secrets or personal information, except as otherwise provided by laws, administrative regulations and the terms of this Agreement.

4.2 You understand and agree that:

4.2.1 Zname.com reserves the right to terminate or nullify the transaction and take necessary actions when it considers the transaction to be abnormal in its absolute and sole discretion.

4.2.2 In case of any violation during the process of domain name backorder and auction, Zname.com reserves the right to consider such violation as the breach of contract and take actions accordingly.

4.3 Zname.com reserves the right to notify the User in advance, within a reasonable period of time, of any matters related to the domain name backorder and auction by means of a notice on its website. The User shall be deemed to have been notified as soon as the notice is published.

5. Cost of Services

5.1 You agree that Zname.com will announce the charging standards, payment options and promotions on its website (www.zname.com), and reserves the right to make adjustments according to its business and market changes.

5.2 In case of any objection to the charging standards and settlement fees specified by Zname.com, you shall promptly notify Zname.com in written form and stop using the Service provided by Zname.com. Otherwise, by using our Service, you hereby accept any notice of our charge standards and settlement fees. Any expense will be settled and paid according to such notices announced by Zname.com.

5.3 You agree that Zname.com reserves the right to exempt from litigation or arbitration for any dispute arising from the adjustment of charging standards, except as expressly provided by law.

6. Force Majeure and Liability

6.1 You understand and agree that the Service may be interrupted by force majeure, accidents and other risk factors in the course of using the Service.

6.1.1 "Force Majeure" refers to the objective events that are unforeseeable, insurmountable and unavoidable which have a significant impact on one party or both parties, including but not limited to government acts, natural disasters, epidemics, wars, strikes, hacker attacks, computer viruses (such as Trojan horses and worms), technical adjustments of telecommunication departments. In the event of any of the above circumstances, Zname.com will endeavor to cooperate with the relevant units for fixes in a timely manner. Zname.com shall be exempted from liability for the losses caused to users within the scope permitted by law;

6.1.2 In case of unexpected events such as disconnection and attack, Zname.com reserves the right to make corresponding adjustments to the content and mode of the service. Zname.com shall not be liable for any loss caused to the user.

6.2 To the extent permitted by law, Zname.com shall not be liable for any interruption or disruption of the Service caused by:

(i) computer viruses, Trojans or other malicious programs, hacker attacks;

(ii) failure of the user's computer or Zname.com’s software, system, hardware and communication lines;

(iii) improper operation of the user; 

(iv) user using the Service in a manner not authorized by Zname.com;

(v) other circumstances beyond Zname.com's control or reasonably foreseeable.

6.3 You understand and agree that in the process of using this Service, you may encounter network information or risks caused by the behavior of other users. Zname.com shall not be responsible for the authenticity, applicability and legality of such information or behavior, nor shall it be responsible for damages caused to users due to infringement or disputes over domain names. These risks include, but are not limited to:

(i) anonymous or pseudonymous information containing threats, defamation, etc.;

(ii) any psychological, physical suffering or economic loss caused by misleading, cheating or other behaviors of others due to the use of the Service under this Agreement;

(iii) ownership and transfer disputes involved in the domain itself;

(iv) other risks caused by network information or the behavior of other users.

7. Dispute Resolution

All disputes related to this Service shall be settled by both parties through friendly negotiation.

8. Miscellaneous

8.1 In case of any inconsistency or conflict between the terms or agreements and the ones previously signed by You and Zname.com, this Agreement shall prevail.

8.2 This Agreement includes the terms and conditions set forth above, as well as any rules that Zname.com has published or may publish in the future. All rules are an integral part of this Agreement and have the same legal effect. By using the Service, you have read, understood and accept all the terms and conditions of this Agreement and agree to abide by the applicable laws and regulations. You shall be solely responsible for any liabilities caused by any violation of the above Agreement, laws and regulations.