Domain Monkey: Park It. Earn.
Terms Of Use

FOLLOWING ARE THE TERMS ON WHICH DOMAINMONKEY.COM OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES.

This is the user agreement (the "Agreement" or "User Agreement") for your use of web sites owned or operated by, and services offered by, DomainMonkey.com. ("DomainMonkey.com"), a California company. This Agreement contains the terms and conditions ("T&C") applicable to your use of our services ("Service" or "Services") available under or through the domain, sub-domains, and affiliated domains of www.DomainMonkey.com (collectively, the "Site") and the general principles for the web sites of our international affiliates. IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site or the Services or become a registered user of the Site. This Agreement is effective upon the earlier of: (i) your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.

1. Eligible Users

Use of the Site and Services is restricted to persons: (a) at least 18 years old, and (b) who reside, or have a business address within the United States or Canada. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are not yet 18, do not have the capacity to enter into contracts, if you are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email DomainMonkey.com at support at domainmonkey.com make arrangements, although no such access can be guaranteed.

Those who choose to access our Site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.

2. Modification of This Agreement

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 am on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site. The posting date and effective date for this Agreement are noted at the top of this document. Except as provided in this Section 2, this Agreement may not be amended or modified except in a writing signed by you and DomainMonkey.com.

3. Acceptable Use

  • 3.1. User Accounts

    If you violate the Acceptable Use terms described herein, DomainMonkey.com may, in its sole discretion, with or without notice, terminate your access to the Site and Services.

    You are allowed to create one (1) user account with DomainMonkey.com. Your right to use the Site is personal to you. Post office boxes or addresses of office service providers may not be used as an address for a User account. It is likewise not permitted to provide value-added service numbers as telephone numbers for a Customer Account. Furthermore, DomainMonkey.com reserves the right to forbid the use of freely available email addresses as the email address for a user account.

    As a condition of your use of the Site, you warrant to DomainMonkey.com that you will not use the Site for any purpose that is unlawful, or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by DomainMonkey.com); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.

    In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 1, Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site (all such information collectively referred to as "Your Information"), and (c) you will update DomainMonkey.com to ensure that Your Information remains accurate and complete.

  • 3.2. Use of the Site and Services

    You may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or programs); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause DomainMonkey.com to violate any law, statute or regulation; (e)harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Domain in connection with your use of the Site that is confusing or misleading to other Users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any "junk email," "Spam," "chain letters," "pyramid schemes," or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. DomainMonkey.com does not condone or allow Spam. DomainMonkey.com will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy.

    You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information.

  • 3.3. Privacy and Confidentiality

    Protecting your privacy and the personal information you provide us is a top priority at DomainMonkey.com. For this reason, DomainMonkey.com does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At DomainMonkey.com, we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the DomainMonkey.com Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures DomainMonkey.com has put in place to achieve this goal.

    You agree not to share any information provided to you by or on behalf of DomainMonkey.com with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by DomainMonkey.com via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.

    DomainMonkey.com is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, DomainMonkey.com reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in DomainMonkey.com's sole discretion, without notice at any time.

  • 3.4. Violations of Acceptable Use

    DomainMonkey.com may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice.

    You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by DomainMonkey.com, and for any use or misuse of your account or the Services or the Site resulting from any third party using a password or login name issued to you.

    You agree that you will notify DomainMonkey.com immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.

4. DomainMonkey.com Fees

Except as otherwise noted, creating a user account with DomainMonkey.com is free. We do charge fees for our domain-related services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. You are responsible for all applicable taxes (except for DomainMonkey.com's income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or your activity conducted through the Site. DomainMonkey.com may, in its sole discretion, add, delete or change any of the Services provided or fees charged by DomainMonkey.com. No advance notice is required for any prospectively-effective change in Services offered or fees charged therefore.

Unless otherwise stated, all fees and currency amounts are quoted in Dollars. The fees charged for DomainMonkey.com services that are specified by DomainMonkey.com are considered to be end prices and are understood to include any applicable taxes.

5. Specific Services and Applicable Terms

The following terms and conditions pertain to particular Services offered by DomainMonkey.com or through the Site.

  • 5.1. Domain Sales Database

    • 5.1.1. Description of Service

      Among other Services, DomainMonkey.com and the Site serve as a trading platform to allow Users to offer to sell and buy domain names, complete web sites, and/or web-based businesses (collectively, "Domains"). DomainMonkey.com only gets involved in a resulting transaction to collect a fee for Services, or as otherwise agreed by all parties.

      Except as otherwise provided in applicable posted terms, users offering their Domains for sale or lease ("Sellers") may list their Domains in the DomainMonkey.com database (the "Domain Database") free of charge. Sellers are free to delete their Domains from the Domain Database at any time without cost unless their Domain is subject to an Exclusive Brokerage agreement, active negotiation, or pending transfer. DomainMonkey.com charges Sellers a commission for sales completed as a result of DomainMonkey.com's Services. Except in the case of Fixed Price Listings (defined below), you have an opportunity to review the fees that you will be charged, per the applicable Price List, before going forward with any transaction.

      Prospective buyers or lessees of Domains ("Buyers") may enter search terms into the database to look for offers, and to enter bids for certain entries. These bids and the responses of the Sellers will be forwarded to the other party free of charge via the email addresses provided as part of user registration. DomainMonkey.com cannot guarantee that any particular bid or response will be transmitted to the intended recipient. DomainMonkey.com acts here neither as a buyer nor seller, neither as a lessee nor lessor, nor as the representative of any of the above-mentioned parties. Within the scope of the basic Domain Database Service, DomainMonkey.com does not act as an auctioneer or as a broker.

    • 5.1.2. Description of Service

      In the event that a Seller and Buyer negotiate an agreement for the purchase and sale of a Domain via the Domain Database, the Buyer and Seller agree that the terms of the purchase and sale will follow the standard purchase and sale agreement supplied by DomainMonkey.com upon agreement. In addition, Buyer and Seller agree that the purchase and sale transaction shall be managed by DomainMonkey.com in accordance with the terms of DomainMonkey.com's Domain Transfer and Escrow Services as described below in Section 5.2. The fees for DomainMonkey.com's Domain Transfer and Escrow Service are posted as set forth in Section 4 (Fees).

      Should the registration of a Domain that is the subject of a purchase and sale transaction be in risk of expiring with its relevant domain registrar, or if the expiration date lies within the next sixty (60) days from the date when an agreement is made for the purchase and sale of the Domain, Seller agrees to renew the Domain registration and is solely responsible for any costs or fees associated with such renewal. Buyer and Seller are each respectively responsible for any related fees charged by his/her registrar and/or service provider.

    • 5.1.3. Domain Listing Rules

      The following Domain listing requirements and obligations apply to your use of the Domain Database:

      (a) The Seller agrees to set up a user account and to fill out the registration form completely and accurately.

      (b) Domain names are the result of, and are subject to all of the conditions, limitations, and restrictions contained in, domain name registration agreements between the Seller and a third-party domain name registrar or other service provider. As such, the transferability of domain name registration may be limited, prohibited, or otherwise subject to conditions imposed by the domain name registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant domain name registrar or service provider. The term "Domain" as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular domain name under its domain name registration agreement with a domain name registrar or other service provider as well as any content available at or through a particular URL.

      (c) As a Seller of a Domain listed on the Domain Database, you represent and warrant that: (i) you have registered the Domain with the appropriate Domain registrar or other registration authority; (ii) your registration of the Domain is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain registrar or other registration authority; (iii) you have not taken any action that would impair your ability or right to transfer the Domain registration and no such action has been taken against you; (iv) the Domain has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (v) the Domain is not the subject of any legal disputes or proceedings challenging your right to register or use the Domain; (vi) you will accurately describe the subject listing; (vii) you own and have the right to sell the content, if any, listed as part of your Domain; and (viii) if your offer to sell and transfer the Domain is accepted, you will complete the transaction with a ready, willing, and able Buyer. You will not under any circumstances list or transfer the rights to any Domain that you do not have sufficient rights to transfer or that is illegal to transfer under applicable law.

      (d) The Seller agrees not to list any domains which violate DomainMonkey.com's Offensive Domain Policy, which is hereby incorporated by reference. DomainMonkey.com may refuse to list, or remove the listing for, any Domain which, in DomainMonkey.com's sole discretion, may potentially infringe or violate the proprietary rights of any third person or any other Domain, or which in DomainMonkey.com's sole discretion, is inflammatory, offensive, inconsistent with DomainMonkey.com's general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party.

      (e) The Seller of a Domain agrees not to enter a bid for his/her own offer and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to Buyer during the course of negotiation or which are measured and displayed by DomainMonkey.com.

      (f) You will not yourself, nor will you allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Services.

      (g) The Seller agrees to keep any data which he/she has added to the Domain Database up-to-date. If a Domain has been sold, he/she is to remove it from the database. Furthermore, the Seller agrees to remove a Domain from the Domain Database immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing. This shall apply until legal clarification of the situation has been made.

    • 5.1.4. Limited Number of Open Bid Threads

      Dependant upon User status, each User is limited in the number of Domain negotiations ("Open Bid Threads") in which they may participate simultaneously.

    • 5.1.5. Currency of the Bidding Process

      During the bidding process, Users have the opportunity to select the currency for offers or counter-offers for Domains. As soon as both parties have used the same currency for the offer and the counter-offer within an Open Bid Thread, this currency shall be considered to be valid until the conclusion of the bidding process.

    • 5.1.6. Bidding Offers

      DomainMonkey.com makes no representations or warranties regarding the features of Domains listed in the Domain Database. This shall apply particularly, but not exclusively, to visitor statistics, traffic statistics, and the precise alpha-numerical composition of a Domain.

      If, during the course of an Open Bid Thread, a Customer makes an offer for the conclusion of a purchase and sale agreement, then he/she is bound to this offer for 168 hours, which corresponds to seven days from the time when the offer was rendered.

      Due to the binding nature of offers to purchase or sell Domains, Users should review the Domain listing to avoid mistake before submitting a binding offer. Mistake does not relieve a User from their obligations to purchase or sell Domains once a binding offer has been accepted.

      The request shall lapse if the other User rejects the offer, accepts another User's offer, submits a counter-offer or the binding time period is allowed to lapse.

      A belated acceptance of the offer or a counter-offer shall be considered to be a new offer.

    • 5.1.7. Fixed Price and Minimum Offer Listings

      If the Seller states a fixed selling price, then a binding offer for the conclusion of an agreement for the stated sales price lies in the listing of the Domain and is binding until the Domain listing in Seller's user account has been changed and the change has been reflected on the Domain Database. The sales price is considered to be the end price for the buyer including the VAT valid for the Seller.

      If the Seller does not state a fixed sales price, the Domain listing serves as an invitation for other Customers to submit an offer for the purchase and sale of the Domain that is the subject of the Domain listing.

      If the Seller states a minimum offer, the Domain listing serves as an invitation for other Users to submit an offer in excess of the stated amount for the purchase and sale of the Domain that is the subject of the Domain listing.

    • 5.1.8. Taxes

      All prices quoted between Users during the bidding process or used as a Fixed Price or Minimum Offer are understood to be end prices including any applicable taxes.

    • 5.1.9. Purchase Price / Currency Conversion

      The purchase price for the Domain shall be the price in the currency upon which agreement has been reached through the timely acceptance of an offer. This purchase price in this agreed-upon currency shall form the basis for the execution of the purchase and sale agreement between the Buyer and the Seller as well as formulating any fees owed between the Seller and DomainMonkey.com.

      If the agreed-upon currency is not identical with the currency selected by the User or with the currency assigned to the User in his/her User account, then a conversion of the purchase price into the currency selected by the User or assigned to the User shall automatically be made at the moment agreement between the parties is attained. The exchange rate of this conversion shall be determined in accordance with the exchange rate of the European Central Bank which was valid at the point in time agreement was reached, rounded to 5 (five) places behind the decimal point.

      The result of any conversion in accordance with paragraph two above shall be commercially rounded, dependent upon the currency assigned to the Customer, to full US dollars (USD) or full EURO (EUR) or full British pounds (GBP). The result of commercial rounding shall be the purchase price of the User in the currency selected by the User or assigned to the User.

    • 5.1.10. Legal Relationship as Between DomainMonkey.com, Buyer and Seller

      DomainMonkey.com is neither owner of the Domains listed in the Domain Database nor does it have any influence or control on the business conducted among Users of the Domain Database. The responsibility for the content of Domain listings, including the accuracy of any statistics, whether measured and displayed by DomainMonkey.com or otherwise, lies exclusively with the respective Sellers, Buyers, and users.

      DomainMonkey.com shall not be liable for legal transactions or other acts of Domain Database users. This also applies to any violations of rights of a third party through the listing of a Domain in the Domain Database, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights. Buyer and Seller agree that DomainMonkey.com shall not be held responsible for the failure of either party to a purchase and sale agreement to follow-through with their obligations under such an agreement and that DomainMonkey.com, as the neutral facilitator of the Domain Database and associated Services, shall not be subject to any claims arising from the attempted purchase and sale of Domains.

    • 5.1.11. Rejected and / or Blocked Domain Listings

      DomainMonkey.com reserves the right, at any time, to reject the listing of any Domains into our Domain Database or to remove and blacklist Domain listings which have already been entered, without prior warning, without giving any reasons and at any time, especially in the case of User's violation of this Agreement, or suspected violation of rights of a third party concerning a Domain, or suspected violation of applicable laws.

  • 5.2. Domain Transfer and Escrow Service

    • 5.2.1. Description of Service

      The Domain Transfer and Escrow Service offers users DomainMonkey.com's assistance with the purchase and transfer of Domains. DomainMonkey.com acts here neither as a buyer or seller, nor as the representative of a buyer or a Seller, nor as a broker. DomainMonkey.com acts as a secure technical and financial intermediary and will hold the purchase price in escrow for the Buyer while the Seller transfers the Domain. Upon conclusion of the Domain transfer process, DomainMonkey.com will release Buyer's funds from escrow and forward the purchase price to the Seller, less applicable fees.

      Drafting of custom Purchase and Sale Agreements or any legal consultations on the part of DomainMonkey.com are not included in the service and must be obtained from User's own legal counsel.

    • 5.2.2. Fees and Related Costs

      The amount of the fee for the Domain Transfer and Escrow Service is located on the Site and which is subject to change from time to time.

      In the event of Domain transfers that concern the purchase and sale of a Domain which the Seller had listed on the Domain Database the Seller shall be responsible for paying the DomainMonkey.com Domain Transfer and Escrow service fee.

      In the event of Domain transfers that concern the purchase and sale of a Domain within the parameters of the Domain Brokerage Service, then the Buyer shall pay the DomainMonkey.com Domain Transfer and Escrow service fee.

      When a Domain is transferred from the Seller to the Buyer, further costs can be incurred, based upon the participating registry and registrar providers. The responsibility for these payment obligations are defined by the relationship of the Customer to the provider. This can include, but is not limited to, the responsibility of the Seller to pay for a registration renewal when the domain is set to expire within the next sixty (60) days from the time agreement was reached.

    • 5.2.3. Management of Domain Transfer

      • 5.2.3.1. Reaching an Agreement

        In the event that a purchase and sale agreement has been reached between the Buyer and the Seller during the course of a Domain Database bidding process, DomainMonkey.com shall provide a standard online purchase and sale contract for Buyers and Sellers that is automatically tailored to the sale of the Domain that was the subject of their negotiation. Depending upon the processing status of the transaction, the other contractual partner's respective data may be made anonymous until the transaction is complete. Should either party fail to meet to their obligations under the respective agreement, the identity of the breaching User shall be provided to the injured User upon request.

      • 5.2.3.2. Obligation of Buyer to Make Payment to Designated Escrow Account

        After reaching agreement for the purchase and sale of a Domain, DomainMonkey.com shall contact the Buyer via email to request the transfer of the amount due to DomainMonkey.com's escrow account where it will be safeguarded until completion of the Domain transfer. Upon said request, the Buyer is obligated to remit payment of the amount owed to DomainMonkey.com's escrow account. Failure to remit payment to DomainMonkey.com's escrow account within ten (10) business days of when the request email was sent to the Buyer from DomainMonkey.com shall be considered a material breach of the Domain Transfer and Escrow terms and may be considered by the Seller as a material breach of the relevant purchase and sale agreement.

      • 5.2.3.3. Transfer of Damain and / or Internet Project

        Once the full amount owed has been received by DomainMonkey.com's escrow account, the domain transfer process from the former owner (the Seller) to the new owner (the Buyer) shall commence. DomainMonkey.com shall then instruct the Buyer and the Seller of the Domain as to the required steps and best practices involved in the technical domain name transfer process. DomainMonkey.com can only ensure a prompt and orderly transfer of the Domain if DomainMonkey.com's instructions to the Buyer and Seller are strictly followed. As such, the Buyer and Seller are obligated to provide their cooperation required to each other and DomainMonkey.com and failure to cooperate may be considered by the injured party as a material breach of the relevant purchase and sale agreement.

      • 5.2.3.4. Successful Transfer and Payment of Purchase Price

        Upon successful transfer of the Domain to the Buyer, the payment of the amount owed to the Seller shall be remitted in a timely manner. A successful transfer of a domain name has taken place when the Buyer's registration data has been updated in the WHOIS database of the relevant domain name registry and the Buyer has assumed technical control of the Domain. In the event that DomainMonkey.com assumes temporary control of the Domain to be transferred on a discretionary basis, then a successful transfer shall be considered to have been made at that moment in which DomainMonkey.com obtains control of the Domain and the Seller has lost control of this Domain.

        If, during the course of a bidding process in accordance with Section 5.1 above or the Domain Brokerage Service, the purchase and sale agreement has been concluded and the currency selected by the Seller or the currency assigned to the Seller is not identical to the agreed-upon currency, then the payment to the Seller shall be made in the currency he/she has selected or which has been assigned to him/her. The prevailing amount shall be the purchase price obtained in accordance with Sub-section 5.1.9 after conversion and rounding work has been carried out in the currency selected by the Seller or the currency assigned to the Seller less any possible fee for the Domain Transfer and Escrow service. In this case, the Seller shall not be entitled to demand the payment of the purchase price in another currency or to avail himself/herself of a different exchange rate than the fundamental exchange rate of DomainMonkey.com in accordance with Item 5.1.9.

      • 5.2.3.5. Unsuccessful Transfer and Repayment

        In the event that the transfer is ultimately unsuccessful, the payment submitted to DomainMonkey.com's escrow account shall be returned to the Buyer. There shall be considered to be no ultimate failure of the transfer if the unsuccessful transfer of the domain name or the Internet project to the Buyer is solely due to the fact that the Buyer has not undertaken the further required cooperative actions required upon his/her part after the payment of the purchase price and any additional fees if relevant.

      • 5.2.3.6. Publication Rights

        The Buyer and Seller agree that DomainMonkey.com shall have the right to publish the name of the domain name sold as well as the respective purchase price on the Site or in other places for reference purposes. This shall not apply if the Buyer or Seller objects to the publication, provided that objection must be received by DomainMonkey.com in writing before completion of the domain name transfer and escrow process.

    • 5.2.4. Penalties for Failing to Perform Obligations

      DomainMonkey.com reserves the right to cancel the domain transfer and escrow transaction if one of the parties to the purchase and sale agreement fails to fulfil its obligation to cooperate in the transfer process after two (2) requests are made by DomainMonkey.com via the email addresses provided in his/her user account ("Failed Transfer").

      In the case of a Failed Transfer, DomainMonkey.com reserves the right to collect any applicable commission fee from that party who has violated his/her obligation to cooperate. Furthermore, any claims for damage compensation or contractual performance can be asserted by the non-breaching party against that party which violates his/her obligation to cooperate.

    • 5.2.5. Dispute between the Parties during Transfer

      In the event that the purchase price to be paid by the Buyer has been transferred to the DomainMonkey.com escrow account and the domain name and/or website content has been transferred to the Buyer in whole or in part, neither party may seek cancellation of said transfer or payment. In the event that the parties become involved in a dispute at any time during the transfer and escrow process, DomainMonkey.com may set a deadline for the parties to reach an agreement. In the event that said deadline passes without a resolution to the dispute then DomainMonkey.com shall be entitled to release the purchase price to the to the Seller and the domain name and/or website content to the Buyer in accordance with the purchase and sale agreement.

    • 5.2.6. Dispute between the Parties during Transfer

      BUYER AND SELLER AGREE THAT DOMAINMONKEY.COM SHALL NOT BE LIABLE FOR DETRIMENT OR DAMAGES ORIGINATING FROM A FAILED TRANSFER PROVIDED THAT SUCH CLAIMS ARE NOT BASED UPON THE INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE OF DOMAINMONKEY.COM, ITS STATUTORY REPRESENTATIVES OR VICARIOUS AGENTS.

      This shall apply particularly in cases in which either the Buyer or Seller rejects the proper completion of transfer-related documents, impedes the execution of the transaction in another way or in the case where one of the contractual parties cannot be properly identified due to providing incorrect or misleading contact information.

    • 5.2.7. Disclaimer of Warranties by DomainMonkey.com

      DomainMonkey.com shall dedicate itself to the secure transfer of a Domain and payment of the purchase price after an agreement has been reached between the Buyer and the Seller.

      DOMAINMONKEY.COM IS NOT THE SELLER, AND AS SUCH, MAINTAINS NO DUTY TO VERIFY THAT THE DOMAIN NAME AND/OR INTERNET PROJECT BEING SOLD AND TRANSFERRED DO NOT VIOLATE THE PRIORITY RIGHTS OF ANY THIRD PARTIES AND THUS MAKES NO WARRANTIES AS TO THE EXISTENCE OF CONFLICTING PRIORITY RIGHTS OF ANY THIRD PARTIES.

      Buyer and Seller agree that the Domain Transfer and Escrow service does not include an examination or verification of the existence of any conflicting priority firm name, naming or trademark rights or other rights of third parties.

      FAILURE TO PERFORM AN EXAMINATION OF THE DOMAIN NAME AND/OR INTERNET PROJECT FOR THE EXISTENCE OF CONFLICTING RIGHTS, INCLUDING, BUT NOT LIMITED TO, PRIORITY OWNERSHIP RIGHTS, TRADEMARK RIGHTS, AND/OR VIOLATION OF APPLICABLE LAW, IS THE SOLE RESPONSIBILITY OF THE BUYER AND SELLER.

  • 5.3. Domain Parking Service

    • 5.3.1. Description of Service

      Domain Parking is an optional service for Users to "park" his/her unused domain names in order to generate revenue and increase the chance of a sale. To use domain parking the User has to forward his/her Domain to a URL or a Nameserver specified by DomainMonkey.com. DomainMonkey.com will then automatically generate a customized page with banner and/or text ads, and, if appropriate, a sign that the respective domain name is for sale. The complete Domain Parking Specifications and Guidelines define the technical specifications and guidelines for using the Domain Parking service and are hereby incorporated by reference. No advance notice is required for any prospectively-effective change to the Domain Parking Specifications and Guidelines.

    • 5.3.2. Costs

      DomainMonkey.com's Domain Parking service is free of charge for Users. Users who choose to park their domains with URL forwarding may incur costs from third party domain hosting providers and User is responsible for any and all fees associated with using URL forwarding to park their domains with DomainMonkey.com.

    • 5.3.3. User Obligations

      Users who utilize the Domain Parking service are obligated to follow and abide by the Domain Parking Specifications and Guidelines as described above. Furthermore, Users who utilize the Domain Parking service are obligated and solely responsible for verifying that their use of the Domain Parking service with his/her domain names does not and will not violate the rights of any third parties, including, but not limited to, trademark rights, naming rights, and rights protected by unfair competition laws. In addition, should User receive notice from a third party regarding their use of DomainMonkey.com's Domain Parking service the User is obligated to immediately contact DomainMonkey.com and provide any material related to such notice.

      USER HEREBY INDEMNIFIES DOMAINMONKEY.COM IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST DOMAINMONKEY.COM IN RELATION TO SELLER'S VIOLATION OF THESE OBLIGATIONS.

    • 5.3.4. Notice of Potential Violation of Third Party Rights

      In the event that DomainMonkey.com has been notified by a third party that User's use of the Domain Parking service may infringe the rights of a third party, DomainMonkey.com reserves the right to immediately suspend the Domain Parking service without prior notice and to prohibit the User from using the affected domain name with the Domain Parking service.

    • 5.3.5. Advertising Keywords

      Users who use the Domain Parking service are given the opportunity to select a keyword for each of his/her parked domains which is related to the subject matter of the Domain and which controls which advertisements appear for the respective Domain. DomainMonkey.com reserves the right to examine, change and/or disable advertising keywords at any time, without notice, and at its sole discretion to ensure relevancy in relation to the respective domain names.

    • 5.3.6. Generation of Click Balance and Payment

      If an Internet user clicks on an advertising banner or an advertising link which has been displayed on the webpage of User's domain name which he/she has listed with the DomainMonkey.com's Domain Parking service, then a click balance shall be credited to the User account in an amount determined at DomainMonkey.com's sole discretion ("Click Balance").

      The total Click Balance generated shall be paid out to the User, if there are no indications of "fake traffic," as defined below, or active legal disputes in relation to User's use of the Domain Parking services, at an interval and in the manner as described in the Domain Parking Specifications and Guidelines. If a Click Balance is not redeemed by the User within twelve (12) months after being generated, then the Click Balance shall expire and is no longer credited to the User Account.

      In accordance with the Domain Parking Specifications and Guidelines, DomainMonkey.com reserves the right to reject payment requests to unconfirmed Paypal accounts. In addition, DomainMonkey.com reserves the right to demand verification of User identity before releasing Click Balance payments to said User.

    • 5.3.7. Suspicion of "Fake Traffic" and Consequences

      "Fake traffic" is hereby defined as statistically measured visits to a domain name utilizing the Domain Parking service and/or clicks on an advertising banner or advertising link being displayed on said domain name, which are produced by anyone besides a living individual with good-faith intent to inquire about the subject matter being displayed on said domain name.

      Upon reasonable suspicion that a User's Click Balance is the result of Fake Traffic, DomainMonkey.com reserves the right, without prior notice and at DomainMonkey.com's sole discretion, to delete any or all of the accumulated Click Balance for a User Account, to remove any or all of the User's domain names from the Domain Parking service, and/or suspend or delete the User's account. Nothing herein shall prevent DomainMonkey.com from pursuing any claim of damages against the User in relation to their violation of this Section 5.2 or the Domain Parking Specifications and Guidelines.

    • 5.3.8. Right to Terminate Service

      DomainMonkey.com and User reserve the right to terminate provision of the Domain Parking service at any time, without notice or reason.

    • 5.3.9.Limitation of Liability and Warranty Disclaimer

      DomainMonkey.com does not guarantee the success of the search for the advertising links associated with the advertising keyword specified by the User. Furthermore, DomainMonkey.com does not guarantee specific click rates or click prices which User hereby recognizes fluctuate dependent upon market forces.

      DOMAINMONKET.COM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS) THROUGH THE DOMAIN PARKING SERVICE. DomainMonkey.com AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT. Domain Parking statistics are provided for informational purposes only, and DomainMonkey.com makes no guarantee as to their accuracy.

    • 5.3.10. Intellectual Property

      DomainMonkey.com and its advertising providers maintain all right, title and interest, including without limitation all Intellectual Property Rights relating to the Domain Parking service. Any rights not expressly granted herein are reserved. User shall not, and shall not allow any third party to: (a) modify, adapt, translate, prepare derivative works from, decompile (accept to the extent allowed by law), reverse engineer, disassemble, or otherwise attempt to derive source code from the Domain Parking service, the advertising links, or any other technology or documentation obtained from the Domain Parking service; (b) crawl, index or in any non-transitory manner store or cache information obtained from the Domain Parking service; or (c) engage in any action or practice that reflects poorly on DomainMonkey.com or its advertising partner.

      In the unlikely event that DomainMonkey.com allows User to customize the design the webpage delivered for User's domain names, then the User shall be obliged to ensure and guarantee that any and all contents used or provided by the User may be used for such purpose. User represents and warrants that all required licenses have been acquired and no rights of third parties, including, but not limited to, trademarks, copyrights, proprietary rights, or other applicable laws are violated.

      THE USER HEREBY INDEMNIFIES DOMAINMONKEY.COM IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST DOMAINMONKEY.COM IN RELATION TO SELLER'S VIOLATION OF THESE OBLIGATIONS.

6. Liability Disclaimer and Indemnification

DomainMonkey.com is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by DomainMonkey.com or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the DomainMonkey.com Site. By providing access to other web Sites, neither DomainMonkey.com nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.

YOU AGREE THAT USE OF DOMAINMONKEY.COM'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. DOMAINMONKEY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOMAINMONKEY.COM MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE DOMAINMONKEY.COM DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORIZED TO ASSIGN/LICENSE SUCH DOMAINS. DOMAINMONKEY.COM MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. DOMAINMONKEY.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES DOMAINMONKEY.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY DOMAINMONKEY.COM IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM DOMAINMONKEY.COM OR THROUGH THE SERVICES PROVIDED BY DOMAINMONKEY.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.

You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or DomainMonkey.com's products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

IN NO EVENT SHALL DOMAINMONKEY.COM, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). DOMAINMONKEY.COM'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD DOMAINMONKEY.COM AND (AS APPLICABLE) DOMAINMONKEY.COM'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

7. Intellectual Property

All content, database information, data and services available on, and collected as a whole through this Site are property of DomainMonkey.com, its affiliates, advertisers and its licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by DomainMonkey.com, its affiliates, advertisers, and licensors. DomainMonkey.com's licensors' or other third party materials, services or products referenced on this Site are common law or registered trade marks or service marks of such parties.

Solely to enable DomainMonkey.com to use Your Information, so that we are not violating any rights you might have in such information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable 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. DomainMonkey.com will only use Your Information in accordance with our Privacy Policy.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify DomainMonkey.com's designated agent in writing and provide the following information; your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work. Pursuant to European Law, notifications of claimed copyright infringement should be sent to DomainMonkey.com's Designated Agent. See Section 10 (How to Contact DomainMonkey.com).

All contents of the Site are: Copyright © 2006 DomainMonkey.com.com and/or its suppliers. All rights reserved.

8. Term and Termination

Until and unless terminated by you or DomainMonkey.com, your status as an eligible or registered user will continue indefinitely, and fees for services will be charged as described herein (see Section 4, Fees). DomainMonkey.com may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice.

Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or DomainMonkey.com's systems. DomainMonkey.com is under no obligation to maintain any such data or information.

Your obligations pursuant to Section 3 (Acceptable Use), Section 4 (Fees), Section 6 (Liability Disclaimer and Indemnification), Section 7 (Intellectual Property), Section 8 (Term and Termination), and Section 9 (General) shall survive the termination of this Agreement and your right to use the Site.

9. General

DomainMonkey.com manages the Site from its offices in California. This Agreement is governed by the laws of California, USA, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in Sam Mateo County, California, USA in all disputes arising out of or relating to the Site. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against DomainMonkey.com or its affiliates in any dispute arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DomainMonkey.com as a result of this Agreement or use of the Site. DomainMonkey.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of DomainMonkey.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DomainMonkey.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and DomainMonkey.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DomainMonkey.com with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of DomainMonkey.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, DomainMonkey.com may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

10. How to Contact DomainMonkey.com

Email: support at domainmonkey.com
JOIN - terms of use - privacy policy - contact us

© Copyright 2007 DomainMonkey.com all rights reserved (a NextPulse Ventures company)