Listing and Selling: As a Seller of a domain name listed with Sell-My.com, you represent that: (1) you have registered the domain name with the appropriate domain name registrar or other registration authority; (2) your registration of the domain name is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable domain name registrar or other registration authority; (3) you have not taken any action that would impair your ability or right to transfer the domain name registration and no such action has been taken against you; (4) the domain name is not the subject of any legal proceedings challenging your right to register or use the domain name; (5) you will accurately describe the subject listing. You will not describe, or link to, other items, goods, or services that you are not listing with Sell-My.com or that you do not otherwise have the right to provide such links or descriptions thereto. You will not under any circumstances list or transfer the rights to any domain name for which you do not have sufficient right to transfer or that it is illegal to transfer under applicable law, statute, ordinance or regulation; any domain name that infringes or violates the proprietary rights of any third person or any other domain name which in Sell-My.com’s sole discretion, is inflammatory, offensive, inconsistent with Sell-My.com’s general policies, or otherwise may infringe any proprietary right of any third party. If your offer to transfer the domain name is accepted, you must complete the transaction. As a Seller, you agree that users may comment on their experiences with you in the feedback section, as such may be established by Sell-My.com from time to time, and you release Sell-My.com and the users of its services, from any liability arising from any such comments.

If you receive any offer to purchase the rights to a domain name at or above your stated minimum price, then you are obligated to complete the transaction. You may not place any bids or offers to purchase the domain name that you have listed for sale, either under your own name, an alias, or any entity in which you maintain a controlling interest. Without limitation of any other remedy, Sell-My.com reserves the right to suspend, terminate and remove your listing at any time it may deem fit if it reasonably believes that you have engaged in any fraudulent activity in connection with your posting or otherwise with any activity conducted with the Sell-My.com Web site, if Sell-My.com is of the opinion that you have breached any of your representations or any of its general policies and guidelines, such as if it is of the opinion that you are infringing upon the proprietary rights of any other party, or at such other time as Sell-My.com may deem fit.

Non-interference: You will not yourself, or allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Sell-My.com Web site, the services provided by Sell-My.com and any activity on the Sell-My.com Web site. You will not take any action which may impose an unreasonable or disproportionately large load on our computing infrastructure. You will not insert any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect the Sell-My.com computer systems. You are solely responsible for your password used to access the Sell-My.com Web site, and you will not disclose it to anyone else or share it with any third party or otherwise use it for any unauthorized purpose. Sell-My.com may, from time to time, in its sole discretion initiate feedback information. You will not take any action that will undermine the integrity of the feedback system, such as falsifying information about yourself or about any other party, using aliases or otherwise attempt to manipulate the feedback. You agree to comply with other rules regarding Sell-My.com, which are posted at various pages throughout the Sell-My.com Web site. These rules have as binding an effect as this User Agreement and are incorporated into this Agreement by reference and may be subject to change by Sell-My.com without prior notice and in its sole discretion.

Information and Privacy: Sell-My.com cannot and does not control information that other users make available through the Sell-My.com Web site. Even though prohibited by this Agreement and by Sell-My.com’s general policies, people may nevertheless provide information that is false, harmful, or deceptive. Sell-My.com has a Privacy Policy that covers its use of your information which is incorporated herein by reference and the terms of which you acknowledge that you have read and accept and agree to abide by such terms. This policy may change in the future and the then-current policy shall govern at any given point in time. Please check this policy from time to time for possible changes that may have been made. You are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through the Sell-My.com Web site and the services provided therein. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the Sell-My.com Privacy Policy and to further the goals contemplated by this Agreement.

Breach and Termination: You agree that Sell-My.com may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by Sell-My.com under this Agreement and through the Sell-My.com Web site immediately and without any notice. Without limiting the foregoing, Sell-My.com may terminate this Agreement if Sell-My.com determines in its sole discretion that you have acted inconsistently with the obligations or the spirit of this Agreement or of other Sell-My.com policies; or if Sell-My.com determines in its sole discretion that you have infringed upon or tried to infringe upon the proprietary rights of others; if any information that you have provided Sell-My.com is found in Sell-My.com’ sole discretion to be false or that we have been unable to authenticate or verify the veracity of such information.

Warranty: You agree that use of Sell-My.com’s services is at your sole risk and that the services are provided on an “as is” and an “as available” basis. Sell-My.com expressly disclaims all warranties of any kind, express or implied, including, but without limitation, any implied warranty of merchantability, fitness for a particular purpose and non-infringement. Sell-My.com makes no warranty that the services will meet your requirements, that they will be uninterrupted, timely, secure, or error free. Nor does Sell-My.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 Sell-My.com Web site. You understand and agree that any material and/or data downloaded from the Sell-My.com Web site or any services obtained through the services provided by Sell-My.com is done 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 Sell-My.com or through the services provided by Sell-My.com shall create any warranty not expressly stated therein.

Limitation of Liability: In the event that you have a dispute with any other user, including with another party to the transaction, facilitated through the Sell-My.com Web site, you agree to release Sell-My.com, and its agents, officers, directors and employees from any and all claims, demands and damages (actual or consequential) of every kind and nature, disclosed or undisclosed, arising out of or in connection with any such dispute (“Claim or Demand”). You agree to indemnify and hold Sell-My.com (including, its officers, directors, employees, agents and representatives) harmless from any such Claim or Demand, including, without limitation, any claim or demand that may arise from or in connection with, your failure to abide by the terms and conditions of this Agreement. If you are a California resident, you agree to waive California Civil Code Section 1542, which states in part that: “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 might have materially affected his settlement with the debtor.” Sell-My.com does not, and you agree that you will not ask it to, enforce the terms of any agreement to which it is not a party.

IN NO EVENT SHALL SELL-MY.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY SELL-MY.COM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR ARISING FROM OR IN CONNECTION WITH THE SERVICES PROVIDED BY SELL-MY.COM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SELL-MY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL GREATDOMAINS.COM’S LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT EXCEED THE LESSER OF EITHER THE AMOUNT OF FEES YOU SHALL PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITIES OR $1,000.

General Provisions: You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Sell-My.com Web site, the services provided therein, and the participation in any active commercial activity conducted in or through the Sell-My.com Web site. Other than as expressly stated in this Agreement, there is no agency, partnership, joint venture, employer, employee, franchiser or other legal relationship between Sell-My.com and yourself. Unless explicitly stated otherwise, any notices shall be given by e-mail (info@sell-my.com) to the e-mail address you provided to Sell-My.com during the registration process. Alternatively, we may give you notice by certified mail, postage prepaid, to the address provided to us during the registration process. You may not assign, transfer, resell or sublicense your rights or obligations under the terms and conditions of this Agreement.

This Agreement, its terms and conditions, and the relationship between you and Sell-My.com shall be governed in all respects by the laws of the State of California, as such laws are applied to agreements entered into and performed entirely within the State of California and between California residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or unenforceability, and the remainder thereof, as well as the remaining provisions of this Agreement shall be fully enforced. The failure of Sell-My.com to act with respect to a breach by you or others does not waive our right to act with respect to subsequent similar, or the same, breach.