Terms and Conditions

ReadySites.co Policy

Industry-leading policies and a Rights Protection Program that puts you first

User Agreement

FOLLOWING ARE THE TERMS ON WHICH ReadySites 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 ReadySites.co, ("ReadySites"), a Charlotte, North Carolina limited liability company. If you reside outside of the United States or Canada, the party you are contracting with is ReadySites and you are subject to the ReadySites.co Terms of Use. 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.ReadySites.co (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 who: (a) are at least 18 years old, and (b) 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, 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 ReadySites at contact@ReadySites.co to make arrangements, although no such access can be guaranteed.

Users outside the United States and Canada are required to use ReadySites's affiliate web site located at www.ReadySites.co. Accessing ReadySites's services, products or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User in regards to use of this Site, from places where their contents are illegal, is prohibited. 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

ReadySites 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, or upon your access to the Site and Services after the posting date, whichever occurs first. 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 ReadySites.

3. Acceptable Use

3.1. User Accounts

If you violate the Acceptable Use terms described herein, ReadySites 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 ReadySites. 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, ReadySites 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 ReadySites 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 ReadySites); 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 ReadySites 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 program(s)); (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 ReadySites 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. ReadySites does not condone or allow spam. ReadySites 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 ReadySites. For this reason, ReadySites does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At ReadySites, 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 ReadySites Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures ReadySites has put in place to achieve this goal.

You agree not to share any information provided to you by or on behalf of ReadySites 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 ReadySites 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.

ReadySites is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, ReadySites 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 ReadySites's sole discretion, without notice at any time.

3.4. User Account Certification/Limited Use of Site and/or Services

In order to preserve a safe and secure Site and Services for our users, ReadySites may elect to require you to perform a user account certification process that may include, but is not limited to, confirming your billing information, verifying the accuracy of your account details, requesting a copy of government-issued identification, and other account certification methods as ReadySites may develop in its sole discretion at any time. Failure to perform the requested user account certification methods will result in limited access to the Site and Services.

3.5. Violations of Acceptable Use

ReadySites 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 ReadySites, 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 ReadySites immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.

4. ReadySites Fees

Except as otherwise noted, creating a user account with ReadySites 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 ReadySites's income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or your activity conducted through the Site. ReadySites may, in its sole discretion, add, delete or change any of the Services provided or fees charged by ReadySites. ReadySites's standard fees and any changes will be posted to our Price List, and the applicable Services and fees will be binding on the effective date noted on the Price List. 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 United States Dollars. The fees charged for ReadySites services that are specified by ReadySites 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 ReadySites or through the Site.

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

Before entering into a binding agreement to purchase a Domain you must perform, and are responsible for, all research necessary to ensure that you are aware of any factors affecting your registration and use of the Domain, including, but not limited to, the applicable annual registration fees required to maintain your registration and use of the Domain, that your prospective use of the Domain will not infringe the rights of any third parties, and that you have all the information necessary to make an informed purchasing decision.

5.1. Online Domain Sales Platform

5.1.1. Domain Sales Marketplace

5.1.1.1. Description of Service: Domain Sales Marketplace

Except as otherwise provided in applicable posted terms, users offering their Domains for sale or lease ("Sellers") may list their Domains in the ReadySites Marketplace (the "Domain Marketplace") free of charge. Sellers are free to delete their Domains from the Domain Marketplace at any time without cost unless their Domain is subject to an Exclusive Brokerage agreement, active negotiation, or pending transfer. ReadySites charges Sellers a commission for sales originated and/or completed as a result of ReadySites'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 moving forward with any transaction.

Prospective Buyers or lessees of Domains ("Buyers") may enter search terms into the Marketplace 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. ReadySites cannot guarantee that any particular bid or response will be transmitted to the intended recipient. ReadySites 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 Marketplace Service, ReadySites does not act as an auctioneer or as a broker.

In the event that a Seller and Buyer negotiate an agreement for the purchase and sale of a Domain via the Domain Marketplace, the Buyer and Seller agree that the terms of the purchase and sale will follow the standard purchase and sale agreement supplied by ReadySites and available for review upon request. In addition, Buyer and Seller agree that the purchase and sale transaction shall be managed by ReadySites in accordance with the terms of ReadySites's Domain Transfer and Escrow Services as described below in Section 5.2. The fees for ReadySites's Domain Transfer and Escrow Service are posted as set forth in Section 4, entitled 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.
Not all domain extensions are alike, and certain top-level domains (TLDs) carry abnormal registration policies, restrictions, prices and other associated fees. Buyer and Seller are responsible for conducting all research necessary to make themselves familiar with the rules, regulations and fees of the associated registrar for the contemplated Domain prior to entering an agreement through ReadySites's Site and Services. Buyer and Seller agree that ReadySites shall not be held responsible for any abnormal registration policies, prices or fees. All registration fees must be paid by the Buyer or Seller respectively.

5.1.1.2. Limited Number of Open Bid Threads

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

5.1.1.3. 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 valid until the conclusion of the bidding process.

5.1.1.4. Bidding Offers

ReadySites makes no representations or warranties regarding the features of Domains listed in the Domain Marketplace. 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 User 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 a Domain once a binding offer has been accepted.

The Buyer's offer 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.

5.1.1.5. 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 the Seller's user account has been changed and the change has been reflected on the Domain Marketplace. The sales price is considered to be the end price for the Buyer including any applicable taxes.

If the Seller does not state a fixed sales price, the Domain listing serves as an invitation for other Users 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.

5.1.2. Domain Auctions

5.1.2.1. Description of Service: Domain Auctions

Once a prospective Buyer enters an offer for a Domain via ReadySites's Domain Marketplace, a Seller is presented with the option to enter the Domain into an Auction, rather than proceed in a traditional offer/counter-offer negotiation. Once the Seller chooses the Auction option, the Auction Period has commenced. In this case, the Seller accepts the offer from the potential Buyer, setting the offer amount as the reserve. During this period, other potential Buyers have the ability to use the Auction platform to bid on the same Domain for an amount of money higher than the original bid.

5.1.2.2. Binding Declaration of the Seller

When the Seller enters a Domain or Web Project as an Auction, he/she accepts the offer received, from the Initial Bidder, as the reserve price for his/her Auction, prior to the selection of the Auction Period. The Initial Bidder's offer is automatically accepted and the Auction closes with the Initial Bidder as the winner IF no other higher bids are received by the close of the Auction Period.

The Auction Period ends seven days following the entry of the initial bid which triggered the seller to start the auction. During the Auction Period the Seller agrees that he/she must sell the Domain to the Initial Bidder for the price reflected in the offer that Seller used to trigger the start of the Auction. During this period, ReadySites may not cancel the Auction.

If the Seller enters a particular Domain into an Auction Period and an Initial Bidder has previously bid on the Domain, the Seller is bound to the offered price for seven days from the time the Initial Bidder placed an offer, not seven days from the time the Auction Period was entered into.

Seller further agrees that he will accept the highest valid offer made during the Auction Period so long as the Auction Period was not cancelled by ReadySites in accordance with these terms and conditions. Once the Seller enters a Domain or Web Project as an Auction, he is prohibited from offering or selling this Domain or Web Project anywhere else other than within that Auction.

5.1.2.3. End of Auction

Generally, an Auction Period will run for a seven days. However, because a Seller may choose to select the Auction option at any time after an initial bid has been made, it does not mean that the Auction Period must run for seven days from the time of selecting the Auction option, but from the entry of the initial bid by a potential Buyer. Therefore, if the Seller selects the Auction option two days after a potential Buyer enters an offer, the Auction Period will only run for five days. During this Auction Period, the Seller and all potential Buyers are bound to the Auction. Upon approaching the close of the seventh day, the Auction Period will extend for ten minutes each time a valid offer is placed within the last five minutes of the Auction Period.

5.1.2.4. Auction Period and transfer

During the Auction Period, the highest offer made on a particular Domain will be indicated on the Bidding Page via ReadySites's website. ReadySites customers can then enter the Auction by placing higher offers. All offers will be construed as firm offers to buy the Domain for the offered price in accordance with the conditions of the purchase and sale agreement for the Domain.

If no offer is made during the Auction Period and the Auction was not cancelled by ReadySites or otherwise, a legally binding contract exists between the Seller and the potential Buyer who placed the last bid before the Auction ends. If valid higher offers are placed during the Auction Period, and the Auction was not cancelled by ReadySites or otherwise, a legally binding contract exists between the Seller and the prospective Buyer who placed the highest bid as reflected at the end of the Auction Period. This contract exists even if the ReadySites bidding page is not available at the end of the Auction Period.

After the Auction Period ends, Buyer and Seller agree that the transfer of the Domain or Web Project will be conducted by ReadySites in conjunction with the Terms and Conditions of the ReadySites Escrow Service as described in Section 5.2.

5.1.2.5. ReadySites's Right to Cancel Auction

ReadySites reserves the right at ReadySites's sole discretion to cancel an Auction Period at any time, including, but not limited to, if the offered Domain or Web Project infringes the intellectual property rights or other rights of a third party. If the Auction Period is cancelled, any contractual relationship between the Seller and the highest bidder and/or the person who made the last offer before the Auction Period that may have existed will cease.

5.1.2.6. ReadySites's Right to Eliminate Offers

5.1.2.6.1. Deleting Bids Made in Error

ReadySites reserves the right to delete individual bids during the Auction Period if it believes that such bids were placed clearly erroneously, by mistake, or were determined not to be a bona fide firm offer. Mistake on the part of the User must be reasonably obvious. The User must communicate the mistake to ReadySites, in writing and within a reasonable amount of time. Users may not claim mistake with the purpose of interfering with or circumventing the completion of a transaction. ReadySites may suspend the User's account at anytime if the User is found to have placed a fraudulent bid during an Auction Period. In the event that ReadySites invalidates a current high bid, the next highest bid, including the previous high bid, shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the auction.

5.1.2.6.2. Deleting Bids Made Fraudulently

ReadySites reserves the right to delete individual bids during the Auction Period if it believes that such bids were fraudulent, fake, “shill” bids or were determined not to be a bona fide firm offer. ReadySites reserves the right to contact you to verify your identity, the validity of the bid, as well as request documents to support the validity of your bids. If ReadySites is not able to verify the information in a reasonable amount of time, please be advised that ReadySites has the right to delete the bid without objection. ReadySites may suspend the User's account at anytime if the User is found to have placed a fraudulent bid during an Auction Period. In the event that ReadySites invalidates a current high bid, the next highest bid, including the previous high bid, shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the auction.

5.1.2.7. Liability

ReadySites in no way guarantees or further warrants that the web page on which bids can be placed (“Bidding Page”) during the Auction Period is permanently accessible. If a Bidding Page is not accessible, the Seller may not, in the future, refer to a potentially higher bid during this time period as a mechanism for not following through with a sale. Furthermore, a potential bidder may not argue, for the same purposes, that he would have been the highest bidder for the Domain Auction if the webpage would have been available.

With regards to auctions other than ReadySites's standard marketplace triggered auctions, such as broker assisted auctions, promotional auctions, or auctions held at affiliate websites like GreatDomains.com, in the case of technical issues which may occur within ReadySites's servers, networks, or other mechanisms, ReadySites may, to the extent they are within ReadySites's control, take actions reasonably necessary to remedy such issues as they occur. Such actions include, but are not limited to, extending the length of time the auction is active and/or canceling such auctions.

5.1.2.8. Auctions with Reserve Price

Upon receiving prior permission from ReadySites, a Seller may commence an Auction Period prior to an offer being placed for the particular Domain or Web Project. If such an agreement is reached between ReadySites and the Seller, the aforementioned as well as the following conditions will apply.

The Seller has the right to set a reserve price for which he is willing to sell the Domain (“Reserve Price”). During the Auction Period, the current highest bid will be indicated on the Bidding Page. In addition, it will be indicated on the Bidding Page if the current highest bid is lower then the Reserve Price, though under no circumstances will the Reserve Price ever be revealed. If the Reserve Price is not reached within the Auction Period, the Domain will not be sold to any of the potential Buyers. The Seller reserves the right to lower his Reserve Price during the Auction Period but shall not raise the Reserve Price under any conditions.

An Auction Period running with a Reserve Price may be distinguished from a general Auction Period in that it may, at the selection of a ReadySites broker, in conjunction with an agreement with the Seller, run for longer than seven days.

5.1.3. General Terms Applicable to Both Marketplace and Auction Platform

5.1.3.1. Domain Listing Rules

The following Domain listing requirements and obligations apply to your use of ReadySites's Domain Marketplace and Auction Platform:

(a) The Seller agrees to set up a user account and to fill out the registration form completely and accurately. The Domain Seller must be the verified owner of the domain name listed for sale. Unless the domain owner has a privacy shield for WHOIS database purposes, information provided within the ReadySites User's account must correspond to the information contained in the WHOIS database.

(b) Domains are the result of, and are subject to, all of the conditions, limitations, and restrictions contained in Domain registration agreements between the Seller and a third-party Domain registrar or other service provider. As such, the transferability of Domain registration may be limited, prohibited, or otherwise subject to conditions imposed by the Domain 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 registrar or service provider. When referencing a Domain as the object of a purchase and sale transaction within these terms, Domain shall refer to any rights the Seller may possess with regard to the registration of a particular Domain under its Domain registration agreement with a Domain registrar. Any content or material associated with a developed website that is the object of a purchase and sale agreement must be materially described in writing to be subject to the relevant purchase and sale agreement.

(c) As a Seller of a Domain listed on the Domain Marketplace and/or Auction, 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 applicable, 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 ReadySites's Offensive Domain Name Policy,which is hereby incorporated by reference. ReadySites may refuse to list, or remove the listing for, any Domain which, in ReadySites's sole discretion, may potentially infringe or violate the proprietary rights of any third person or any other Domain, or which, in ReadySites's sole discretion, is inflammatory, offensive, inconsistent with ReadySites'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 ReadySites.

(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) You understand that ReadySites's comment system cannot be used to communicate with the Buyer and/or Seller with the purpose of circumventing ReadySites's user agreement and/or to alter/augment sales of domains, commission, or alter the terms of the purchase and sale.

(h) The Seller agrees to keep any data which he/she has added to the Domain Marketplace up-to-date. If a Domain has been sold, he/she is to remove it from their User Account. Furthermore, the Seller agrees to remove a Domain from the Domain Marketplace and/or Auction 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.

5.1.3.2. 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.

5.1.3.3. 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 ReadySites.

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 five (5) 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 Euros (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.

5.1.3.4. Legal Relationship as between ReadySites, Buyer and Seller

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

ReadySites shall not be liable for legal transactions or other acts of Domain Marketplace and/or Auction users. This also applies to any violations of rights of a third party through the listing of a Domain in the Domain Marketplace and/or Auction, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights. Buyer and Seller agree that ReadySites 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 ReadySites, as the neutral facilitator of the Domain Marketplace, Auction, and associated Services, shall not be subject to any claims arising from the attempted purchase and sale of Domains.

ReadySites will always try to complete the purchase and sale of a Domain. If an agreement has been made over ReadySites's Marketplace or Auction platform, between a Buyer and a Seller, absent new, material information presented to ReadySites, or unless the Buyer is claiming breach of contract or anticipatory breach of contract, ReadySites will move forward with a domain transaction. If ReadySites has received payment from the Buyer and the domain from the Seller, the domain will be forwarded to the Buyer and payment to the Seller accordingly. At that point, the aggrieved party, either Buyer or Seller, would have to initiate a legal process or proceeding against the other party. Both Buyer and Seller agree that ReadySites is not responsible or liable in any way for a transaction ending in this manner.

5.1.3.5. Rejected and/or Blocked Domain Listings

ReadySites reserves the right, at any time, to reject the listing of any Domains into our Domain Marketplace and/or Auction 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 ReadySites's assistance with the purchase and transfer of ownership of Domains. ReadySites acts here neither as a Buyer or Seller, nor as the representative of a Buyer or a Seller, nor as a broker. ReadySites acts as a secure technical and financial intermediary and will hold the purchase price in escrow for the Buyer while the Seller transfers ownership of the Domain to Buyer. Upon conclusion of the Domain transfer process, ReadySites 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 ReadySites are not included in the Service and must be obtained from User's own legal representative.

5.2.2. Fees and Related Costs

The amount of the fee for the Domain Transfer and Escrow Service is specified on the ReadySites Price List, which 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 ReadySites 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, the Buyer shall pay the ReadySites 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 responsibilities 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 Marketplace or Auction bidding process, ReadySites 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 stage of the transaction, the other User'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, ReadySites shall contact the Buyer via email to request the transfer of the amount due to ReadySites's escrow account, where it will be safeguarded until transfer of Domain ownership has been completed. Upon said request, the Buyer is obligated to remit payment of the amount owed to ReadySites's escrow account.

5.2.3.3. Transfer of Domain and / or Internet Project

Once the full amount of the purchase price owed has been received by ReadySites's escrow account, the process of transferring ownership of the Domain from the former owner (the Seller) to the new owner (the Buyer) shall commence. ReadySites 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 registration transfer process. ReadySites can only ensure the prompt and orderly transfer of Domain ownership if ReadySites's instructions to the Buyer and Seller are strictly followed. As such, the Buyer and Seller are obligated to provide the required cooperation to each other and to ReadySites. Failure to cooperate may be considered by the injured party as a material breach of the relevant purchase and sale agreement.

5.2.3.3.1. Quick Transfer

In certain specialized cases, to effectuate a “quick” transfer, ReadySites will conduct domain “pushes,” which includes creating a domain registrar account on behalf of the Buyer, utilizing the contact information in the Buyer's User Account. Once the registrar account has been created, and the domain has been securely pushed from Seller's registrar account to the Buyer's registrar, ReadySites's transfer agent will give the Buyer their respective registrar account information, including password and login details. Transfer of domain ownership is transfer of control of the domain, and once the Buyer has control over the purchased domain, he/she cannot claim that ReadySites has not performed its duties under this User Agreement based solely on the fact that the domain is not at any specific domain registrar.

5.2.3.4. Successful Transfer and Payment of Purchase Price

Upon successful transfer of the Domain to the Buyer, payment of the purchase price owed to the Seller shall be remitted in a timely manner. A successful transfer of ownership of the Domain 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 ReadySites assumes temporary control of the Domain in an escrow capacity, then a successful transfer shall be considered to have been made at that moment in which ReadySites 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 ReadySites in accordance with Section 5.1.9.


5.2.3.5. Unsuccessful Transfer and Repayment

In the event that the transfer of ownership is ultimately unsuccessful, the full payment submitted to ReadySites'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 or web 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.

As stated in Section 5.1.3.4 (Legal Relationship as Between ReadySites, Buyer and Seller), ReadySites will always use its best efforts to effectuate the purchase and sale of a Domain. If an agreement has been made over ReadySites's marketplace or auction platform between a Buyer and a Seller, absent new, material information presented to ReadySites, or unless the Buyer is claiming breach of contract or anticipatory breach of contract, ReadySites will move forward with a transaction. If ReadySites has received payment from the Buyer and the domain from the Seller, the domain will be forwarded to the Buyer and payment to the Seller accordingly. At that point, the aggrieved party, either Buyer or Seller, would have the right to initiate a legal process or proceeding against the other party. Both Buyer and Seller agree that ReadySites is not responsible or liable in any way for a transaction ending in this manner.

5.2.3.6. Publication Rights

The Buyer and Seller agree that ReadySites shall have the right to publish the name of a Domain 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 ReadySites in writing before completion of the Domain transfer and escrow process. However, ReadySites will always publish and display a Domain name sale and the highest bid/selling price if the Domain was sold via Auction. In an Auction, neither Buyer nor Seller may request that the Domain and details of the sale be withheld.

5.2.3.7. Proof of Purchase/Requests for Tax Information

ReadySites is neither the buyer nor seller in a Domain purchase and sale transaction. As such, if the Buyer requires an invoice of the purchase and sale transaction or is required to request tax information from the Seller, such as a form W-9, the Buyer needs to inform ReadySites of this request as soon as an agreement has been reached between the Buyer and Seller. ReadySites will then communicate the request to the Seller. The Seller agrees that he/she will comply with such request if the request is promptly made at the beginning of the transfer.

5.2.4. Penalties for Failing to Perform Obligations

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

In the case of a Failed Transfer, ReadySites reserves the right to collect any applicable commission fee from that party who has violated his/her obligation to cooperate in the completion of the transaction. Furthermore, any claims for damage compensation or contractual performance can be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement. The Buyer and Seller agree that the injured party is entitled attorney's fees from the other should legal action be necessary to enforce rights pursuant to the purchase and sale agreement.

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

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

ReadySites 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.

The 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.

Posting Date: 30/08/2010