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Premium Domain Name Agreement
IX-ONE.COM
Premium Domain Name Agreement

This Premium Domain Name Agreement ("Agreement") is by and between IX-ONE.COM ("IX-ONE.COM") a/an individual and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of IX-ONE.COM's Premium Domain Name Services (the "Services") and represents the entire agreement between You and IX-ONE.COM.

All IX-ONE.COM policies and agreements related to Your use of this Service is incorporated herein and made part of this Agreement by reference, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”). By using the Services or any other of IX-ONE.COM's services, You acknowledge You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which IX-ONE.COM may establish from time to time, including the Universal Terms of Service and any agreements that IX-ONE.COM is currently bound by or will be bound by in the future. Such agreements may be found here.


1. Description of Service

The Services are provided to facilitate the buying and selling of currently registered domain names. IX-ONE.COM provides a venue and a transaction facilitation process. IX-ONE.COM is not an auctioneer or an escrow agent. IX-ONE.COM is not in custody of all of the domain names listed on the web site. As result, IX-ONE.COM has no control over the quality, safety or legality of the domain names listed. Domain names listed may be withdrawn at any time by the seller or by IX-ONE.COM.

IX-ONE.COM acts as a transaction facilitator to help You make and receive payments from third parties. IX-ONE.COM is not an escrow agent, rather we act as Your agent based upon Your direction and requests to use the Services that require us to perform tasks on Your behalf. IX-ONE.COM will not use Your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge IX-ONE.COM is not a bank and the Service is a payment processing service rather than a banking service. You further acknowledge IX-ONE.COM is not acting as a trustee, fiduciary or escrow with respect to Your funds.

In all transactions, where the domain name is registered to IX-ONE.COM, domain names purchased through the Service may not be transferred away from IX-ONE.COM to another registrar for a period of sixty (60) days following the Change of Ownership date.


2. Your Obligations

You agree to thoroughly, accurately and honestly complete all forms and requests for information provided by IX-ONE.COM throughout the process. You agree IX-ONE.COM will not be responsible for any false or misleading information You provide, whether intentionally or unintentionally.

You agree to notify IX-ONE.COM within five (5) business days when any of the information You provided as part of the listing/buying process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide IX-ONE.COM with accurate and reliable information on an initial and continual basis, shall be considered a material breach of this Agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by IX-ONE.COM to determine the validity of information provided by You, shall also be considered a material breach of this Agreement.

Purchasing Domain Names

As a Buyer, You are obligated to complete the transaction if You purchase the domain name. You acknowledge that some listed domains may be subject to an additional registration fee. For those domains, the registration fee will be added to the price to form the purchase price. You agree that by completing the transaction, You are responsible for payment of the registration fee. By initiating and sending payments through the Service, You appoint IX-ONE.COM as Your agent to obtain the funds on Your behalf and transfer them to the recipient You designate. IX-ONE.COM will obtain the funds first by the Payment Method You have designated. If there are insufficient funds or invalid credit card information, IX-ONE.COM may obtain the remaining funds by charging any Payment Method You have on file. Once You send payment, IX-ONE.COM will hold those funds as Your agent for a prescribed period of time based on the type of transaction, at which time IX-ONE.COM will release the funds to the Seller. At no time will You be able to withdraw those funds or send the funds to another recipient unless the initial transaction is canceled. Should the Seller refuse payment, the funds, minus the administration fee as outlined in the pricing structure, will be returned to You. You agree that IX-ONE.COM is not responsible for payments refused by Seller.

Transfer of Ownership

IX-ONE.COM does not own all of the Domain Names listed on the Site and cannot guarantee immediate transfer. For Domain Names IX-ONE.COM does own, transfer of ownership will begin upon completion of the check out procedure. Further, the transfer by IX-ONE.COM of any Domain Name to a buyer is done without warranty and IX-ONE.COM expressly waives any and all warranties or representations that a Domain Name does not infringe upon the intellectual rights of a third party.


3. IX-ONE.COM 's Rights

In addition to any and all other rights reserved by IX-ONE.COM in this Agreement, IX-ONE.COM explicitly reserves the right and sole discretion to:

  1. Modify its pricing through email notification;
  2. Review Your use of the Service for compliance with this Agreement and any Terms of Service which IX-ONE.COM may from time-to-time establish;
  3. Establish limits and guidelines concerning the use of the Service;
  4. Terminate Your Service for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Service fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that IX-ONE.COM determines to be harmful to its other customers, operations, or reputation;
  5. Terminate Your Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against IX-ONE.COM or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; and
  6. Terminate Your Service if You have not accessed or logged into it for ninety (90) days.

IX-ONE.COM has no obligation to monitor the Service, but reserves the right in its sole discretion to do so. IX-ONE.COM reserves the right to edit the descriptions and comments on listings. You acknowledge and agree IX-ONE.COM shall have the right to display certain information, including, but not limited to, the domain name sold or purchased, information about the timing of the sale or purchase, and the sales or purchase price, in connection with the sale or purchase of domains names on the web site.


4. Remedies and Right to Cancel

Without limiting other remedies, if:

  1. You breach this Agreement or any document incorporated by reference;
  2. IX-ONE.COM determines Your actions may pose a risk to IX-ONE.COM or its members; or
  3. IX-ONE.COM determines Your use of the Services infringes on the intellectual property or legal rights of others, IX-ONE.COM may immediately warn its members of Your actions; place a hold on any pending transactions associated with Your accounts; limit funding sources and Payments; limit Your access to Your accounts or to any functionality of Your account; or indefinitely suspend or close Your account and refuse to provide our Services to You.

In addition, IX-ONE.COM reserves the right to hold funds beyond normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If IX-ONE.COM closes Your account, IX-ONE.COM will provide notice and pay You all of the unrestricted funds in Your account due to You.


Revised: 11/12/2008
Copyright © 2008 All Rights Reserved.