for DomainDollars.com (herein “DD”)
NOTE: The terms “registrant”, “user” and holder of a DD “account” are synonymous and interchangeable in their use and intent whenever they appear in any part of this agreement.
DD uses links to other websites for use by its viewers and registrants. DD is not responsible for any private information offered to or gained by others related to use of such links by registrants which may be beyond the reasonable control of DD. Information which you may provide to third parties associated with DD may be shared by such third parties with DD for tracking purposes.
As a DD registered account holder you authorize DD to disclose your personal and private information to local, state or federal law enforcement officials only in the event that DD is required to do so by a lawful court or other legal authority which DD in good faith believes to have the proper legal jurisdiction over some or all of your private information held by DD. DD is not responsible for the use or misuse of any such private information required of DD by law officials.
If you cancel your DD account it will be deactivated and all information that DD retains that is stored in our inactive registrant database, including referral linkages, stats, etc., to use in case a mistake has been made in the cancellation or as an inactive registrant you may later request that your account be reactivated. If any registrant specifically emails DD and requests to have all of his or her personal registration information and account content removed from our database, that request will be promptly and fully honored.
You authorize DD and DD reserves the right to revise any or all of this agreement from time to time. Whenever there is a material revision to this agreement, if you have an active account DD will notify you of the revision in your account announcements and/or by email. Disagreement with any revisions to this agreement will prohibit you from continuing to use DD as an account holder. Your continued use of the benefits of registration after such announcements are made will signify your acceptance of the modified registration agreement and the revisions in force at the time.
Any person who attests at the time of registration to being at least 18 years of age, living in any place in the world, may become a DD registrant and thus an account holder. However, laws governing activities such as are offered on DD do vary from place to place. You are responsible to discover any laws governing active participation in activities that are offered by DD in effect in the place where you live, and by registering and holding an account with DD you agree to comply with all of your local, state, provincial, regional or national laws or regulations which may apply to you. If DD has reason to believe that you may be in violation of any governing laws where you live, DD will then at its option notify you by email and DD may require you to verify that you are in compliance with all such governing laws. DD may further require that a parent, custodian or legal guardian sign and return a written statement of permission for you to be an active DD registrant and account holder if you are not of legal age to do so where you live. You agree that you will cooperate with all requirements of the law and of DD in order to be an active DD registrant. You also agree that you will at all times provide accurate and truthful information to DD when you register for an account with DD. You are aware that DD relies upon the information you have voluntarily provided in the registration process.
Each registrant may have only one active DD account. If a registrant finds that he or she has more than one active DD account, that registrant must immediately cancel all except one DD account. However, any member may also be a part of one or more groups which have a DD account, including being an agent for one or more of the registered group accounts.
DD shall not tolerate the continued registration of anyone or any group thought to be attempting to "game the system" in order to gain more cash or other benefits through any method or system of fraud, deceit or abuse. If any registrant or other party is under suspicion of creating multiple or fictitious DD accounts, accepting the same cash offer from any advertiser or associated company of DD more than once, fraudulently accepting offers from DD or any associated company with the intention of canceling soon afterwards so as to merely reap a cash incentive benefit, or employing any other dishonest method to benefit unethically or illegally, then DD at its sole option will immediately take all measures thought prudent and necessary in order to stop and correct such actions promptly and deal appropriately with any and all involved parties, including but not limited to canceling accounts, holding or canceling cash payments, and/or reporting the actions of registrants to other involved parties and appropriate legal authorities. DD tracks email and IP addresses to assist in detecting potentially fraudulent actions.
DD registrations and raccounts are not transferable to any other party. When you register you will be assigned a DD registration ID which is only yours and which is not to be used by any other party to accrue benefits within your account. Group registrations and group accounts may be used by any person who is authorized by the registered representative for the group, to be used on behalf of the group for the group's benefit.
You may cancel your DD registration at any time by simply clicking on the "Cancel My Account" link found on the account dashboard which submits your cancellation request. Any and all benefits accrued in the account at the time of your cancellation may be deleted from DD's database records any time after 90 days following the cancellation of the DD account, and once deleted these benefits will not be restored to the account even if your registration is later reactivated at your request.
DD may discontinue allowing registrations and accounts at any time for any reason. DD may limit registrations partially or totally in any region of the world or for any demographic segment at any time for any reason. DD may furthermore terminate your registration and account or place your registration and account on inactive status at any time if DD in its sole discretion has determined that your registration and account is not in compliance with all of DD terms, conditions and policies. DD may terminate any and all accounts of DD discontinues its activities in whole or in part for any reason. If you cancel your account and are in good standing with DD at the time of cancellation, you may request that your account be reinstated at any time by contacting DD and requesting the reinstatement. If your registration is terminated or is placed on inactive status due to some determination by DD, you may not register again with DD under your name or any other name unless specifically invited to do so in writing by DD. If your account is terminated by DD or your account is placed on inactive status for any reason, from the time of termination or from the time your account was placed on inactive status until being reactivated, all benefits which may otherwise have accrued to you in your account will be withdrawn and nullified by DD and will not be further credited to you or delivered to you by DD, and no such benefits may be transferred to any other party.
As a condition of your DD account you are required to supply DD in your registration data a current valid email address for yourself, and by so doing you agree to receive general DD information emailed to DD registrants.
You have no obligation at any time to make use of your DD account or to refer others to DD.
By becoming a DD account registrant you are simply requesting and gaining permission to actively participate in the services and benefits of DD as long as you desire and DD allows you to do so. The accounts, services and benefits may be terminated by at any time and for any reason by DD. As a registrant you are not in any way an agent or representative of DD. You may not speak for DD in any way, form or capacity. You may not make any claims of any sort relative to the services or benefits of DD which are not found clearly presented by DD in its written website information. You do not work for DD. You are not a DD employee. You do not have a contract with DD to perform any services for DD for wages, salary or payment of any kind. You are not commissioned and do not receive any commission pay from DD.
If you are an active DD account registrant, DD offers certain services and benefits to you during the period of your active participation. These include eligibility to receive awards of certain kinds. In no case should you construe any prize or award to be wages, salary or payment for services of any sort. The word "earn" or "earnings" found on the DD site or in its advertising or promotion refers to incentive awards for participation in certain activities, not to payment for services, or any other employment or contract relationship with DD. All DD awards or "earnings" are simply voluntary tangible incentives and rewards provided by DD at the sole will and determination of DD in order to recognize the activity and performance of its active registrants. DD is under no obligation whatsoever to deliver or make available any such awards, incentives or "earnings", but DD will do so as long as it is deemed advantageous to DD to continue such a practice. Award amounts and types may be modified by DD at any time without notice to its registrants. DD accounts are not in any way a record of DD award obligations, but are rather simply a convenient tracking of potential awards and "earnings" which have not as yet been delivered to or received by any given registrant. DD may at its sole discretion discontinue the practice of delivering awards, incentives and "earnings" to registrants at any time without notice and without obligation of any kind to any registrant in particular or to any registrants in general whether for past performance or as anticipated benefits by or to any account registrants.
Any awards, incentives or "earnings" delivered by DD to registrants may be delivered in the form and fashion solely determined by DD, without obligation to any registrant in particular or to registrants in general. A deduction may be made by DD from any awards, incentives or “earnings” at any time for any purpose deemed reasonable by DD. "DomainBucks" is the name given to any form of online awards, incentives or “earnings” granted by DD to its registrants. DomainBucks should not be thought of or confused in any way with any legal tender such as US dollars, but may be translated into any form, value, legal tender or U.S. Dollars by DD at DD's sole option. Any registrant involved with DD or any private transaction involving DomainBucks must do so at his or her own risk, and DD has no obligation to involve itself, correct any error, or address any loss with respect to any registrant involvement with DD or any private transactions of registrants
By becoming a registered DD account holder you are immediately eligible to participate in the voluntary DD referral program, so long as you do so in keeping with the terms and policies of the referral program as described here or elsewhere on the DD website. All registrants referred by you or anyone in any of your referral generations may not be removed as registrants by you at any time. All information provided by any registrant, including within the referral program, is confidential and belongs solely to DD. Such information will not be furnished to you or to any other registrant, with the exception of the first and last names of registrants you have directly referred to DD using your unique account ID so you may know which of those you referred have registered with DD as a result of your referral efforts. It is your responsibility to ensure that you receive proper credit for each referral by providing your unique account ID to each potential registrant you refer to DD. DD will give you credit for each referral that is traced by our automated program code to your account ID. However, DD is not in any way responsible for mistakes or omissions made by you or your referrals when providing a unique referral link or by a registrant entering your account ID when registering with DD.
The sole remedy for a mistake of any king in the proper linkage of a referral is for the referral to cancel the mistaken account and register again with DD with the correct referral link or unique ID information entered. Whenever this is done the referral will no longer have any benefits or retain and referrals which were of record with the mistaken and canceled account. Problems related to the referral program which are reported to DD will be handled on a case by case basis at the sole discretion of DD without obligation
If you use any text, trademarks or banners provided by DD for the referral program or other DD promotion, you are authorized to use such in a very limited license capacity only, and only until such time as DD may require you to discontinue use of same. No marks, text, banners or other information associated with DD may be used in any way which is inconsistent with the intended purpose of same for the benefit of DD and its registrants. No DD text, trademarks, banners or other information may be used by any registrant or any other party in connection with any website, business, advertising or promotion which by association would have a tarnishing, diminishing or negative effect on the image or reputation of DD, including but not limited to those venues which violate the intellectual property rights or any other rights of DD or any other party, contain or promote defamatory, obscene, fraudulent, profane or harassing communication, replicate or mirror all or part of the DD referral program or website, promote violence, a drug culture, obviously militant or bigoted views, promote illegal discrimination, depict or promote sexual acts, full or partial nudity, gross or demeaning depictions, or contain or promote any unlawful activities or materials.
You may not at any time use what is called "spam" in seeking referrals for your DD referral benefit. "Spam" is generally described as unwelcome and indiscriminate solicitation, promotion or information. Besides being totally against the policy of DD, spamming may also involve a violation of laws for which a registrant may be found liable and could be prosecuted. If any member is accused by anyone with evidence of that registrant "spamming", DD will consider the merits of the complaint and will deal with each such complaint quickly and appropriately. Only one warning at most will be given to any suspected violator of this DD spam policy. If the problem appears to persist, DD may determine at its sole option to immediately terminate the violator's account without further notice. Verifiable spamming will not be tolerated.
If you select any domain offered by DD and you choose to make the first lease payment of the 36-month lease to own arrangement for the domain you selected, by doing so you clearly understand and agree that you shall retain the ongoing right to continue at your option to pay each and all of the 36 monthly lease payments when each is due, and that by faithfully paying all 36 monthly lease payments, or at any time during the 36 months paying the equivalant of the total amount of the 36 payments, at such time as you complete your faithful payment of all 36 monthly lease payments or the full equivalant amount of their total, you shall then be considered by DD to be the sole owner of the domain, meaning the official sole registrant of the domain leased from DD to the point of a change in the domain's ownership. The terms "own" and "ownership" mean that you, by having faithfully paid on time or ahead of time the total amount of the 36 monthly lease payments called for, shall exclusively hold all of the rights to the formerly leased domain as the new sole registrant of the domain, whether or not the domain has as yet actually been transferred out of the custody of DD and into an official registration account entirely controlled by you under the administration of an official domain registrar. By paying each of the lease payments on time when due you will keep the lease in force, otherwise the lease shall be terminated because the lease payments were not each faithfully made and received on time as agreed. When you lease to own a domain you further understand and agree that if any lease payment due from you as the lessee is not paid to DD and received by DD within 5 days following its due date, DD has the sole right on or after the 6th day following the due date of the missed payment to immediately terminate the lease and declare the lease to thereafter be null and void. To terminate the lease DD shall provide to you a simple written emailed notice of immediate termination of the lease due to non-payment of the lease as agreed. This simple termination notice shall be delivered to you at the email address you last verified in your DD registration account. Any other reminder emails that may be sent to you from DD whether before or after the due date of a lease payment shall be at DD's sole option, as DD has no obligation to provide any such reminder or communication to you regarding the lease or any payments at any time. You as the lessee may also terminate the lease at your option at any time by simply not making any lease payment when it is due. If you terminate the lease for any reason before you have paid all 36 monthly lease payments you will forfeit any and all of the money you already paid to DD during the lease term, and you shall then be free of all further obligations under the lease arrangement and you will not be further contacted by DD regarding the terminated lease. When the lease is terminated by you and/or by DD the leased domain shall then return to the free control and use of DD in any and all ways from that time forward. During the lease term you may request that DD point the DNS setting(s) of the domain to a website of your choice which is acceptable to DD. DD will not unreasonably withhold permisssion, but DD will not approve the pointing of and use of any leased domain if in DD's sole opinion the value of the domain may be diminished in any significant way by such a use of the domain or any negative or unfavorable association with the domain's use and the pointing target requested by the lessee. Such domain DNS pointing is at all times to be administered by DD as a privilege and not as a right of the lessee under the lease to own arrangement. DD has the sole right to determine whether or not the privilege will be allowed in any case during the term of the 36-month lease term. Termination of the lease is the sole remedy of DD for your non-payment of the lease and/or any unresolved dispute between DD and you as the lessee during the term of the lease. Likewise termination of the lease by means of non-payment is your sole remedy as the lessee with regard to any significant issue with the lease or any unresolved dispute with DD. No additional actions or legal claims are available to DD or to you as the lessee. While the lease is being paid by you and thus is in force DD at its sole expense shall keep the annual registration renewal fee paid current for the domain. No cash parking with DD is available for the domain while you are leasing it, and the the same is true following the lease. During the lease term you may not publicly offer the domain for sale. When you have paid the lease in full DD shall within 5 days transfer the registration of the leased domain to you. No cash benefits are paid to referrers under a lease to own arrangement as cash benefits are only paid when a domain is purchased in one payment from DD. Likewise a lease to own arrangement is not an outright purchase that qualifies you for the benefit of an additional referral generation beyond the first 5 referral generations. As a DD registrant you agree that if you lease to own a domain you will be bound by these terms of the lease, and that you will not make the first lease payment prior to reading, understanding and agreeing to abide by all of these terms of the lease.
With each BuyRight (BR) purchase DD has an automatic exclusive 1-year option, but not the obligation, to remain the official public registrant of the domain and to hold, control, sell, lease and/or at any time repurchase the domain from the BR buyer. If DD exercises its option right to repurchase the domain during the option year, DD will pay the BR buyer a total amount equal to the BR purchase price PLUS an amount equal to a 50% annualized profit return on the BR purchase price. The 1-year DD option period begins the date of the BR purchase and ends at midnight Eastern Standard Time 364 days later. DD's option may be exercised at DD's sole determination at any time during the 1-year option period. Among DD's option rights is the right to manage and market the domain for the 1-year period as the sole representative of the rights to the domain.
At any time during DD's 1-year option period If DD chooses to repurchase the domain from the BR buyer, including if DD sells the domain or is under an ongoing lease-to-own agreement at the end of the 1-year option period, then DD will timely pay the BR buyer the total of the BR purchase price paid PLUS an amount calculated as .00137 of the BR purchase price for each day or portion of a day that the BR buyer has held the domain. A daily gain of .000137 is equal to a 50% per annum profit. If this repurchase amount is paid by DD to the BR buyer, DD will post the amount due to the BR buyer as a cash credit in the BR buyer's Benefits account on the BR buyer's Dashboard. When this payment has been deposited DD will promptly notify the BR buyer in an email that the deposit into the Benefits account has been completed. All of the essential information regarding any BR purchase, including the critical dates and the current amount required to be paid if DD to exercises its option right to buy-back the domain from the BR buyer, is shown and constantly updated in the "BuyRight Domains" page of the registrant's Dashboard on DD.
If the 1-year DD option period ends without DD exercising its option to repurchase the domain, DD will promptly deliver the free and clear domain registration to the BR buyer by moving the domain into a certified domain registrar's account in the name designated by the BR buyer. DD will communicate with the BR buyer by email concerning all aspects of this registration transfer process. When the transfer is completed the domain will then be held by the BR buyer as registrant.
During DD's 1-year option period the BR buyer shall not represent themselves as the domain's registrant, nor shall the BR buyer offer, advertise, attempt to or actually sell or lease the domain until and unless the domain's registration has first been fully transferred by DD to the BR buyer. Any and all disputes regarding the BuyRight opportunity that may arise shall be simply and fully resolved by DD delivering a reasonably prompt return the full amount paid for the domain by the BuyRight buyer. In such as case no 50% per annum profit amount shall be due to the BuyRight buyer. The full return to the BR buyer of the exact amount paid for the domain under the BuyRight opportunity shall be a full resolution and remedy between the disputing parties. DD's return of the amount paid by the BR buyer will be deposited by DD into the BR buyer's DD Benefits account on the BR buyer's Dashboard. When a BR price is paid for a domain it is implicitly agreed that no other recourse or remedy shall be employed by either the BR buyer or by DD to fully resolve any BR-related disputes.
The words such as "Own", "owner" and "ownership" as used on the DD site shall never mean outright and unencumbered ownership of a domain name, as if there is no higher administration of the rights to the domain name. All domain names that exist are at all times under the primary and ultimate ownership and authority of the international authority for domain names called ICANN. Under ICANN domains are then further administered by one of the many registrar companies that are certified by ICANN, such as Go Daddy, Name Silo, etc. Therefore domain names are never actually owned outright by the one who pays to register their right to use them and who has the further right to resell or lease their right to ongoing practical registered control and use of the domain. DD is the registrant for each domain name on the site until that domain is transferred to a buyer, who at that time becomes the new registrant. The word registrant is the legally correct word to use in order to indicate that all of the officially and legally registered rights to the full use and disposition of a domain is held by a party. In various contexts terms of ownership are commonly used. When it comes to each and every domain name in the world, the essential question is always who is the current party officially listed by ICANN as the registrant who is in practical control of the domain name.
So, when it comes to each and every domain name in the world, the essential question is who is the current party listed by ICAAN as the registrant who is in practical control of the domain name.
All DD domains made available for purchase or lease to own have been registered by and to DD, and all available rights are therefore under the ongoing control of DD. When a party pays DD the asking price for the acquisition of a domain then one of three things take place: (1) the buyer requests DD right away to officially transfer ("push") the registration of the domain to a registrar account controlled by the buyer, OR (2) The buyer allows the domain to be cash-parked with DD for a period of time, up to 3 years, followed at some point by a transfer of the registration as described in the first possibility, OR (3) The domain is cash parked with DD and then at some point during the first year of cash parking the domain the buyer decides to trade the domain for another domain made available by DD. In the case of a domainn trade the domain taken in trade will be timely transferred to the buyer through a process as described in the first possibility. A buyer has the right to sell the buyer's rights to the domain at all times while it is cash-parked with DD. In all cases DD is and remains the official ICAAN registrant of the domain until such time as the domain is transferred (pushed) to a buyer in an official registrar account that is then controlled exclusively by the buyer as the new official registrant. However, when a buyer has paid DD the full amount due for the purchase of the domain, a written acknowledgement of the purchase is provided and from that point on DD always considers the buyer to have all of the rights to the domain which at some point will, at the buyer's option, be freely and officially transferred (pushed) to the buyer in the future. The purchased domain will show as belonging to the buyer in the buyer's DD account on the Dashboard on the DD site.
You agree that any and all use of the DD website, services, domains and benefits offered is at your sole risk. The DD website, along with the domains, services and benefits provided or associated with it, are provided on an "as available" basis. DD disclaims all conditions and warranties of any kind, express or implied by law, custom or otherwise, including without limitation any warranty or merchantability, satisfactory quality, fitness for any particular purpose, or non-infringement. DD makes no warranty regarding any domains, goods or services purchased from or obtained through DD, or any transactions entered into as a result of involvement with DD. DD makes a reasonable effort to maintain accuracy of the information, factual statements, or representations used in conjunction with DD, but DD disclaims all warranties of any kind that such information, factual statements, or representations will be entirely without error. DD shall make every reasonable and cost-effective effort to cause its website and services to be compatible with the greatest number of Internet services and computer operating systems and browsers as practicably possible. However, DD does not warrant that its website and services will be compatible with the Internet services, hardware, software or browsers of any particular registrant or all registrants. Websites and Internet services can malfunction at any time. DD does not warrant that its website or any Internet services will perform as intended or as desired.
You agree that to the maximum extent allowed by applicable law, neither DD nor any of its parents, registrants, subsidiaries, affiliates, service providers, advertisers, licensers, licencees, officers, directors, investors or employees shall be held in any way liable for direct, indirect, incidental, special or consequential damages or loss arising out of or relating to this agreement, resulting from the use or inability to use the DD website, domains leased or acquired, programs, or resulting from any goods or services purchased or obtained or messages received or transactions entered into, or awards granted or not granted through DD, including but not limited to damages for loss of benefits or profits, use, data or other intangibles, whether or not any party has been advised of the possibility of such damages. If you are in any regard dissatisfied with DD, its domains, products, services, benefits, policies, plans or promotions, you agree that your sole and exclusive remedy is to cancel or discontinue use of your DD account. DD is not liable for any delay or interruption in website service, nor for any loss of any kind associated with any system failure, act of God, government intervention, act of war, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes of interruption, delay or loss.
DD makes no representation nor provides any assurance at all of any kind that any domain name or any other product or service that is offered for sale on the DD site and acquired by anyone will have any particular value or will be suitable or profitable for those acquiring them from DD or on or through the DD website. Everyone who acquires anything of value on the DD website does so solely at their own risk of losing some or all of the amount paid for any such item or service.
Any action related to this agreement shall be governed by the applicable laws of the State of Michigan, United States of America, or any other announced successor place of jurisdiction, excluding principles of conflicts of laws, and the United Nations Convention on Contracts for the International Sale of Goods, if applicable. Any action related to this agreement or to the DD website or anything offered in or through it shall be brought in the state or federal courts located in place of designated jurisdiction by DD, and you agree to submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of Michigan and the United States of America which apply to the use of DD. If the law of your country, state or province of residence prohibits or limits your participation in or with DD, then you are responsible to comply with such laws and you agree to indemnify DD against any breach thereof by you, or claim of breach of DD.
If any part of this agreement is held to be unenforceable by any court, the unenforceable portion shall be effective to the greatest extent possible and the remainder of this agreement shall remain in full force and effect. This agreement is personal to you and binding on your group if you claim to represent same, and you may not transfer, delegate, or assign this membership agreement, your referrals, your DD account or any other benefits you receive as a DD registrant to anyone or any other party without the prior express written consent of DD. Any attempt by you or your group to assign or delegate this agreement or any other related benefits shall be null and void. DD may assign this agreement and the assets and rights to the DD website to any other party at any time at is sole discretion.
This agreement constitutes the entire agreement between you as an individual, or as a claimed representative of your group, and DD. This version of the agreement, together with any future changes or additions to this agreement, supersedes all prior agreements between you and DD..
You may contact DD with any communications related to DD through the use of the email form provided on the DD website. DD welcomes your comments, questions and suggestions, and will work as best it can to assist in resolving any problems you may encounter. DD will respond to all reasonable and sincere communications emailed to it which calls for a response, but DD will not normally respond to communications which in DD's sole opinion are not reasonable, sincere, or which do not require a response. If the volume of email prohibits DD from responding promptly, DD may either delay responding, or DD may notify those emailing that a personal response is not practicable at that time.