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TERMS OF USE

This document comprises the Terms of Use Agreement, hereinafter referred to as the 'Agreement', and constitutes a legally binding Agreement between you, ('You') the visitor or member of our site, hereinafter referred to as the 'site'.

As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership nor may you access any tool or service.

General Rules

The purpose of our site is to provide a domain name swap (or exchange) marketplace (a swap market for domain names). Users are provided with a portal whereby they may add domains to their online portfolio, search domain names in the marketplace to swap/exchange/trade domain names or buy/sell domain names.

All members who buy/sell/swap or otherwise agree to transfer one or more domain names must agree to the fees and commissions regarding the swap. DomainSwap charges fees and takes commissions as indicated in workflow page.

CAVEAT: We verify that any domain name listed here is actually owned or controlled by the person who has listed it. USERS are advised not to do any domain name swaps (or domain name exchanges/trades) outside DomainSwap.com (unless it is through another proper escrow service). ALL USERS are advised to use DomainSwap.com or another reputable escrow service to ensure that the transfer is property handled and that all parties receive the consideration they have bargained for.

We list domain names for our members on our homepage and category page for free. When a swap is completed that includes a payment along with domains, we will charge a seven percent (5%) commission fee based out of that payment amounth.

All payments shall be rendered by Paypal and the user is responsible for all Paypal charges.

Restrictions

Site members and visitors may not:

Violate the law of any jurisdiction while visiting our site or using any tool or service that we provided. Harass or Cyberstalk any user. Conduct any activity that is harmful or detrimental to our site as solely determined by us. Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction. Upload any material that is harmful to our user’s computers or objectionable to our community as a whole. Falsely represent themselves as another person or as a representative of a business or entity that they do not actually represent. Falsely represent their ownership of any domain name. You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

Trademark Issues

If any owner of a trademark regarding a domain indicates to us in writing that a member’s ownership or usage of a trademark comprises a violation of the trademark law of any nation, we have the right to delist the domain from our marketplace and all members agree to hold us harmless and to defend us from any civil actions of any nature, including civil actions that the user himself/herself may wish to bring.

Swap Related Rules

Content: We reserve the right to ban or remove the posting of any content that we find to be objectionable. We may post a list of objectionable content and if we do, that list is incorporated herein as if fully set forth herein. Once an offer is accepted and both parties complete the payment for swap fees, both parties agree to complete the transfer of the funds and the domains to domainswap.com. After this point no refund (of the swap fee) will be provided to the party that cancels the swap. If any cash payment was included in the deal and was transferred to us we will refund that to the corresponding party. Any fees resulting from transferring domains to us will be paid by the transferring party.

Liability

You will not hold DomainSwap.com and its owner and operator responsible for other users' actions or inactions, including things they post.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Spam

Any activity generally described as 'spamming' by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership being terminated without prior notice to the member. Spammy activities performed to manipulate page contents will be treated the same.

Privacy Policy

We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.

Intellectual Property Provisions

All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be 'framed' or 'mirrored'. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

Disclaimer Regarding Functionality

All content, tools, functions and services provided via this Site are provided on an 'as is' basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your nation or state, and if so limited, may not apply to you. Although we verify the ownership while you are first adding a domain name to the site, we can't make sure that whois info hence the owner remains the same after that.

Termination of Service

We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account, and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

Automatic Viewing or Usage of this Site

You may not use any automated scripts or 'robots' to access, copy, or manipulate any content provided on this site.
You may not engage in denial of service attacks upon the servers that publish this Site.
You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.


Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

Submissions

All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. 'Submissions' may be thought of as 'letters to the editor' or 'suggestions/ideas' type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

Limitation of Liability

We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.

Content Issues

We are not responsible for any content provided to you by our site members, including offers to sale, purchase or swap/exchange/trade a domain name. We do not screen content or listings provided by our site Members and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content or domain transfers that have proven to be fraudulent or misleading in nature and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law such a fraud or theft.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

General Information

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

Notice

Notices to you may be issued via electronic mail.

Force Majeure

DomainSwap shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

Intellectual Property Notices

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature, and any violation by you of any such property rights is fairly deemed to be 'willful' in nature.

Contact Us

support[at]DomainSwap.com