Date: April 2017
1.1. We will use all reasonable efforts to monitor any Domain Name(s) that you have expressed an interest in obtaining in connection with the Service to determine if such Domain Name becomes Available. However, nothing in these Terms shall constitute an express or implied guarantee or warranty:
1.1.1. that any Domain Name will become Available; or
1.1.2. that we will successfully identify that a Domain Name has become Available; or
1.1.3. as to the accuracy, reliability, completeness or content of the Service, any information services or merchandise contained in or provided through the Service, or, for the avoidance of doubt, any information provided by us in any advice, report or communication to you or any other party;
1.1.4. that the Service will be uninterrupted, error-free or not subject to delays (technical or otherwise);
1.1.5. that you will be successful in obtaining any Domain Name, for whatever reason (including, without limitation, because you are not the successful bidder in any auction relating to a Category B Domain Name (if applicable), or because another person registers interest in the Domain Name via the Service and is successful in obtaining that Domain Name); or
1.1.6. that you will meet the eligibility requirements in connection with the registration or purchase of the Domain Name (as the context requires).
1.2. Subject to clauses 1.3, 1.4 and 1.5 below, if a Domain Name becomes Available, we will call or contact you on a first-come, first served basis for the purposes of providing you with an opportunity to obtain the Domain Name and informing you of the price and the terms and conditions that apply to you obtaining the Domain Name (including, if applicable, any Domain Name Sale Documentation). You acknowledge that as there may be interest from additional parties in a Domain Name, there will be no guarantee that you will be have an opportunity to obtain a Domain Name even if it does become Available.
1.3. If a Category B Domain Name becomes Available, and if there is more than one party interested in the Category B Domain Name, we may elect (at its discretion) to make that Category B Domain Name available for purchase through an auction or sale operated by a Third Party Provider. You acknowledge that as a condition of you participating in any such auction or sale you may be required to agree to Third Party Provider Terms and Conditions. You further acknowledge that if there is more than one party interested in the Category B Domain Name, there is no guarantee that you will be the successful bidder at any auction or sale of the Category B Domain Name. You also acknowledge that because the auction or sale will be conducted by a Third Party Provider and not by us, we take no responsibility for any Third Party Provider Action. Accordingly, you agree that we will have no liability to you in connection with any Third Party Provider Action.
1.4. In addition to clause 1.3 above, if we elect to conduct an auction or sale of a Category B Domain Name, as referred to in clause 1.3, we or the Third Party Provider may be required to obtain further details from you and/or you may be required to agree to Domain Name Sale Documentation, as a condition of being eligible to participate in the auction or sale. You therefore agree that if you fail to provide such details to us or the Third Party Provider as required, or you fail to agree to any Domain Name Sale Documentation within the time period required, you may not be disqualified from participation in the auction or sale.
1.5. If we elect to conduct an auction or sale of a Category B Domain Name, as referred to in clause 1.3, and, for whatever reason, the auction does not proceed or is not completed, the reserve price with respect to the Category B Domain Name is not met, or, the sale and purchase of the Category B Domain Name is not completed (including, without limitation, in the event that a charge back by a credit card company or other bank payment provider occurs), we reserve the right to offer the Category B Domain Name for sale in the manner contemplated by clause 1.2.
1.6. We make no representation or warranty in relation to the method of auction. The auction (including rules and process) may be operated by any method as determined by the Third Party Provider.
2.1. You may from time to time amend or replace any Contact Details by sending an email to firstname.lastname@example.org or to such other email address as notified to you from time to time.
2.2. You acknowledge that we will only be able to call or contact you (if required) in connection with any Domain Name and this Service if you keep your Contact Details up to date. You therefore agree that you shall be solely responsible for keeping your Contact Details up to date. You agree that we shall have no liability to you whatsoever if we are unable to contact you as a consequence of your Contact Details not being up to date or for whatever reason (including, for example, because you do not respond to our contact in a timely manner).
You acknowledge to us that the price that may apply in connection with you obtaining any Domain Name, if the Domain Name becomes Available, may differ from the standard pricing for domain names specified on our website.
We may in its sole discretion, without liability to you, cancel the Service with respect to any Domain Name, or cancel the Service generally, by notice to you. We may cancel the Service with respect to any Domain Name, or, the Service generally, either before or after any Domain Name becomes Available (including, for the avoidance of doubt, during any auction of a Category B Domain Name (if applicable)), for any reason (which may include, without limitation, where you engage in any prohibited conduct, where there are intellectual property rights that may be infringed in connection with the Domain Name, if there are any disputes raised in relation to the name, or, we otherwise becomes obliged to transfer the Domain Name to a third party).
Category A Domain Name means an .au domain name, a .biz domain name, a .us domain name, a .co.uk domain name, a .nz domain name and any other domain name identified by us as a Category A Domain Name from time to time. For the avoidance of doubt, we may elect in our discretion to determine that a Category B Domain Name shall be a Category A Domain Name.
Category B Domain Name means a .com domain name, a .net domain name, a .org domain name, a .info domain name, and any other domain name identified by us as a Category B Domain Name from time to time. For the avoidance of doubt, we may elect in our discretion to determine that a Category B Domain Name shall be a Category A Domain Name.
Domain Name Sale Documentation means any terms and conditions required to be agreed to by you in order to purchase a Category B Domain Name if it becomes Available, which may arise, for example, if you are the successful bidder at an auction pertaining to such Category B Domain Name.
Third Party Provider means a third party provider of auction services and/or sale services in connection with the sale of domain names.
Third Party Provider Action means:
Third Party Provider Terms and Conditions means any terms and conditions of a Third Party Provider in connection with: