General Terms & Conditions

1. INTRODUCTION.

In this Service Agreement ("Agreement"),"Customer," User, "you" and "your" refer to each customer or user and Pool.com, "we," "us" and "our" refer to Pool.com Inc. This Agreement explains our obligations to you, and your obligations to us, in relation to your use of our services.

By selecting Pool.com service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s), or to modify or cancel such service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in 26 Auriga Drive, Ottawa, ON, Canada, the location of our principal place of business.

For all Pool.com services provide, the Terms and Conditions as described in this section (GENERAL TERMS & CONDITIONS) will apply.

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2. BACKORDERS AND OTHER SERVICES.

Pool.com offers domain backorders, pre-orders, alerts and other services to its customers. After you have successfully backordered a domain through Pool.com, we will attempt to secure that backordered domain if it subsequently becomes available for public registration. There is no initial fee for placing a backorder and you will only be charged if Pool.com is successful in securing such domain on your behalf and, if applicable, you are successful in winning the auction with respect to the domain. Current fees for successful backorder registrations and other services, if applicable, are stated in our FAQs.

Successful domain registrations may end up at any of our registrar partners. In order to maximize the chance of registration success, we leverage a network of third party registrars. The backordered domain may therefore be registered through any one of these partner registrars, and we therefore do not guarantee that the registration will occur at any particular registrar. Subject to registry and/or registrar requirements (usually a 60 day wait period), you may subsequently transfer any backordered domain to a registrar of your choice. You must carefully review the terms and conditions of the registrar that successfully acquired the domain, and such terms and conditions are incorporated herein by reference.

Successful backorders will be registered at the registry for a one-year term or such longer minimum term as required by the registry. Registration fees for such initial registration term are included in your Pool.com fee.

Pool.com will use its commercially reasonable efforts to register a backordered domain on your behalf through one of our registrar partners. However, we do not guarantee the successful acquisition or registration of any domain.

Furthermore, we do not guarantee that, if a particular registrar successfully registers a backordered domain, such registration will be made on your behalf (even if such registrar is a current or past partner of Pool.com). In the event that Pool.com is successful in acquiring a backordered domain, Pool.com will conduct an auction and the domain will be registered on behalf of the highest bidder in such auction. Please see Section 3 below for more information on auctions.

Due to the high costs incurred by Pool.com and its partners in searching for and obtaining domains, we are unable to make a refund following a successful registration on your behalf. You may cancel a backorder for a particular domain at any time prior to its successful registration on your behalf except between 1:45 p.m. EST and 4:00 p.m. EST on the day the domain is set to delete by logging into Pool.com and removing such domain from your list of backordered domains.

Pool.com also offers alerts and other services and information that may assist you in identifying the current status of domains that you may wish to backorder. Such services and information are provided on an as-is basis from third parties, and Pool.com does not represent or warrant to the truth or accuracy of such information. Prior to placing a backorder for a particular domain, you should independently confirm all such information by performing WHOIS searches that can be found on the websites of ICANN accredited registrars.

Unless otherwise specified by you, Pool.com will point all backordered domain names to a parked or coming soon web page that informs visitors that the domain has recently been registered via the Pool.com service and which may include promotional or other information (including without limitation hyperlinks) as determined by Pool.com and our partners in our sole discretion. You agree that any and all revenue generated from such a parked or coming soon web page enures to the benefit of Pool.com. You may modify the nameserver information and discontinue use of the coming soon page for any particular domain at any time, with or without notice to us, by logging into your registrar account and making such changes.

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3. PRE-ORDERS

New generic top level domains (gTLDs) are coming. ICANN will be accepting proposals from interested parties to establish new gTLDs. There is no guarantee that any of these applications will be approved. However, in the event a new gTLD application is approved, Pool.com intends to provide a domain acquisition service for these new gTLDs.

In support of this domain acquisition service, Pool.com is accepting pre-orders for domains in all proposed new gTLDs. There is no initial fee for placing a pre-order. A pre-order is similar to a backorder in that it represents a commitment to purchase the domain in the event Pool.com is successful at securing the domain on your behalf.

In the event the gTLD in question is approved by ICANN and the gTLD is launched, your pre-order will be registered with Pool.com as a backorder. At such time, Pool.com may request additional information from you to complete your account profile for both whois and billing purposes.

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4. BIDDING.

In the event that Pool.com is successful in acquiring a backordered domain, Pool.com will conduct an auction and the domain will be registered on behalf of the highest bidder in such auction. The auction may be opened by Pool.com at a reserve bid level, which where no bidder bids in excess thereof, the domain may be retained by Pool.com, deleted or otherwise disposed of by Pool.com as Pool.com sees fit in its sole discretion. If you choose to bid for a particular domain and you are the highest bidder at the end of an auction, you are obligated to complete the transaction and pay to Pool.com the amount of your winning bid. Other terms and conditions applicable to auctions are set forth on the website, located at www.pool.com. Carefully consider your bids prior to placing them - Bids are not retractable under any circumstances.

If no bids are placed on a particular domain, Pool.com will register the domain on behalf of the first Pool.com customer to place a backorder for such domain, and that customer will be charged our regular service fee.

Following the successful completion of an auction for a particular domain, Pool.com will notify the winner. If you are the winning bidder on an auction, Pool.com will attempt to collect payment. Should this fail, you will have 24 hours to complete successful payment of your bid amount to Pool.com. This time period is required due to time constraints placed on Pool.com and its partners by the domain registries. In the event full payment is not received within 24 hours by the winning bidder, Pool.com may, in addition to any other remedies it may have available to it, immediately notify the second highest bidder (and subsequently the third highest bidder, etc.) that they have won the auction, and charge such bidder their highest bid amount. Such winning bidder will then have up to 24 hours to complete full payment of their bid.

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5. SECURITY.

When you place a backorder or order a dot-eu domain with us, we provide you with a password that can be used to modify your backorder information. It is your responsibility to safeguard your password. You accept full responsibility for any services purchased, or modifications made to your account, using this password.

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6. FEES & PAYMENT.

As consideration for the services you have selected, you agree to pay Pool.com the applicable service(s) fees set forth on our website at the time of your selection. You agree to keep your credit card information accurate and current with Pool.com at all times. You agree that Pool.com reserves the right to increase its fees and you agree to be bound by any fee increase. All fees are due immediately upon a successful backorder registration and are non-refundable. Pool.com may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Pool.com to collect such fees.

In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, in addition to any other remedies Pool.com may have, we may, in our sole discretion, take any of the following actions: (i) transfer any domain that you have acquired through the Pool.com service to Pool.com as the paying entity for the registration; (ii) delete the backordered domain; and (iii) suspend or terminate your account and any or all backordered domains. Pool.com reserves the right to charge an administration fee (as specified in the FAQs located at www.pool.com) to cover our time and expense associated with the recovery of payment in the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider.

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7. TERM OF SERVICE.

Unless otherwise specified, each Pool.com service, including backorders, is for a one-year initial term and will renew automatically thereafter for successive one-year terms unless either party elects to terminate such backorder or other service (which you can do at any time by logging into your Pool.com account and indicating your election to terminate such backorder or other service). Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.

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8. ACCURATE INFORMATION.

In order for Pool.com to successfully register a backordered or dot-eu ordered domain through one of our partners on your behalf, you must supply us with complete, accurate and current required registration information. As further consideration for the Pool.com service(s), you agree to: (i) provide certain current, complete and accurate information about you as required by the domain name application process; (ii) maintain and update this information as needed to keep it current, complete and accurate; and (iii) respond within fifteen (15) calendar days to any request by us to update or confirm the accuracy of your information. We rely on this information to carry out our services for you and comply with the requirements of the registries of domain names and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement and may result in our inability to successfully register a backordered or dot-eu ordered domain on your behalf and we may, in our sole discretion, elect to cancel the services without further notice to you.

You acknowledge that our registrar partners are required to make this information publicly available on a WHOIS database as expressed in such registrars' service agreements, and you consent to such disclosure. In addition, you must keep your Pool.com user information (including without limitation your name, credit card information and email address) accurate and current so that we may reliably communicate with you regarding the status of your backorders and other Pool.com services you may be using, and collect payment for service fees in a timely manner. If you do not supply accurate and complete contact and credit card information to us, we will be unable to perform our services to you, it will be considered a material breach of this Agreement, and we may, in our sole discretion, elect to cancel the services without further notice to you.

Our privacy statement, located on our website at http://www.pool.com/privacy.aspx and incorporated herein by reference, sets forth your and our rights and responsibilities with regard to your personal information.

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9. THIRD-PARTY INFORMATION.

You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected; (ii) the intended recipients or categories of recipients of the third party's personal data; (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party's personal data. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

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10. MODIFICATIONS TO AGREEMENT.

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may revise the terms and conditions of this Agreement and/or change the services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on the Pool.com website. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, but you will not incur any additional fees. By continuing to use our services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by: (i)any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Pool.com or any partner of Pool.com is authorized to alter or amend the terms and conditions of this Agreement.

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11. MODIFICATIONS TO YOUR ACCOUNT.

In order to change any of your account information with us, you must use your account name and the password that you selected when you created your Pool.com account. Please safeguard this information from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account name or password.

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12. PROHIBITED CONDUCT.

You agree that you will only use our services for lawful purposes. We have no responsibility to monitor your use of domains we register on your behalf; however, we reserve the right to terminate your account if a backordered or dot-eu ordered domain registered on your behalf is found to be pointing to or otherwise directing traffic to any content or material in violation of any statute or regulation, including without limitation any violation of domestic or international copyright laws, trademark laws, cyber-squatting laws, or any material judged to be threatening or obscene.

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13. DISPUTE POLICY.

If we successfully register a backordered domain on your behalf through one of our partners, you agree to be bound by ICANN's Uniform Domain-Name Dispute-Resolution Policy (the "ICANN UDRP") that is incorporated herein and made a part of this Agreement by reference. The current version of the ICANN UDRP may be found at ICANN's Web site: www.icann.org. Please take the time to familiarize yourself with that policy.

If we successfully register a dot-eu domain on your behalf through one of our partners, you agree to be bound by EURid's dispute resolution policies (including any sunrise dispute resolution policies) that are incorporated herein and made a part of this Agreement by reference. The current version of EURid's dispute resolution policies may be found at EURid's website located at www.eurid.eu. Please take the time to familiarize yourself with those policies.

In addition, you agree that, if your use of any domain name registered on your behalf by Pool.com is challenged by a third party, you will be subject to the provisions specified in the dispute policy of the registering registrar in effect at the time of the dispute. In addition to such dispute policy, you will indemnify and hold Pool.com harmless pursuant to the terms and conditions set forth in this Agreement.

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of any domain or our services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in a proceeding, we reserve the right to utilize any and all defenses available to us and to take any further action that we deem necessary to defend ourselves.

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14. AGENTS.

You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the dispute policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.

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15. NOTICES AND ANNOUNCEMENTS.

You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please de-select such options from your Pool.com account.

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16. LIMITATION OF LIABILITY.

To the extent permitted at law, Pool.com and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Pool.com services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (i) any failure or inability to register a backordered, dot-EU or dot-MOBI domain name on your behalf; (ii )any third party claims arising from or based on your use of our services; (iii) access delays or access interruptions; (iv) data non-delivery or data mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of your Account name or password; (vi) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website; (x) our processing of your application for our services, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees; (xi) the application of the ICANN UDRP or the Dispute Policy; or (xii) any other dispute policy applicable to your domain. You agree that our entire liability, and your exclusive remedy, with respect to any Pool.com service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).

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17. INDEMNITY.

You agree to release, indemnify, and hold Pool.com, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your domain name registration or use of your domain name or the Pool.com services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the Pool.com services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.

In addition, you agree to indemnify and hold harmless the applicable registry operator and its directory, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.

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18. BREACH.

You agree that your failure to abide by any provision of this Agreement, any Pool.com operating rule or policy, the ICANN UDRP or any dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

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19. NO GUARANTEE.

You agree that, the registration of your chosen domain name does not confer immunity from objection to either the registration or use of your domain name.

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20. REPRESENTATIONS AND WARRANTIES.

You represent and warrant that: (i) the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other Pool.com service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party; (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; (iv) you have selected the necessary security option(s) for your registration record; and (v) you are of legal age to enter into this Agreement.

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21. RELEASE.

You release Pool.com, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our services. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

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22. DISCLAIMER.

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, THAT WE WILL BE ABLE TO REGISTER ANY PARTICULAR DOMAIN ON YOUR BEHALF, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Pool.com reserves the right to terminate any of its services at any time, with or without notice to you. In the event of such termination, your sole remedy will be to request a refund of any amounts paid to Pool.com for services that were not completed in whole or in part. In the event that a service was partially completed, you may request a refund of the pro-rata portion of such fee for uncompleted services.

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23. RIGHT OF REFUSAL.

We, in our sole discretion, reserve the right to refuse to register your backordered, dot-EU or dot-MOBI ordered domain name on your behalf or register you for other Pool.com service(s). You agree that we will not be liable to you for loss or damages that may result from our refusal to register your domain name or our refusal to register you for other Pool.com service(s).

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24. SEVERABILITY.

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

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25. ENTIRETY.

You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the EURid dispute policy, the dispute policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the EURid dispute policy, the dispute policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.

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26. NON-ASSIGNMENT.

Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.

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27. GOVERNING LAW.

You agree that this Agreement and any disputes hereunder will be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that Province. You agree that any action, suit or application will be brought and heard in Ottawa, Canada.

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28. AGREEMENT TO BE BOUND.

By applying for the service(s) of a Pool.com or an affiliate through our online application process or by backordering a domain name using the service(s) provided by Pool.com or its affiliates under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the ICANN UDRP, the EURid dispute policy, the dispute policy and any pertinent rules or policies that are or may be published by Pool.com, ICANN or EURid.

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TOP LEVEL DOMAIN SPECIFIC TERMS & CONDITIONS

1. .CO ORDERS

To participate in a .CO auction, you must have a user account using the email address of the Registrant that will be used in the domain registration. Your user account is established on the Auction Manager’s website and you will receive your login credential by email.

Any auction in which you are the successful winner, you will be obligated to remit full payment for the domain. Your Participant credentials (the userid and password) provided to you for your Pool.com .CO auction should be kept in full confidence as any bids submitted under this login will be your responsibility. You will only be charged auction fees for those domains you have successfully won at auction. Pool.com does not provide registration services. All fees related to .Co domain registrations (if any) will be charged to you by the Registrar through which you submitted your application.

Upon successful completion of payment of auction fees, Pool.com will notify you directly through the email provided with your account that your domain registration has been confirmed with the registry using the whois data provided when you created your account. It is your responsibility to ensure this email address is current. Pool.com has no role to play in the actual registration of your domain. This process happens external to and independent of Pool.com and may be changed by the registry administrator at any time. Once you receive confirmation of registration from Pool.com, please contact your registrar for further domain management.

The payment methods for specific thresholds are as follow:

  • For amounts less than 1,000 USD the credit card specified on the account will be automatically billed.
  • For amounts 1,000 USD to 2,500 USD a billing authorization will be required.
  • For amounts greater than 2,500 USD a wire transfer will be required. The payee is responsible for any and all bank fees. You will want to pay special attention when submitting a wire payment to ensure that the full amount is sent to Pool.com meaning your bank is deducting their fees from you not from the payment to Pool.com.

Note: Pool.com operates on a cumulative daily billing cycle so the payment method will depend on the amount due on that day and therefore will change as additional auctions close.

The Registry has the right to cancel the winning bidder’s registration and transfer the name back to the Registry in the event that payment is not received or in the event of a charge back.

For the purposes of this Section 1 of the Top Level Domain Specific Terms & Conditions, where in the General Terms and Conditions "www.pool.com" is referenced, it reads "www.pool.com and www.coauctions.co"

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.CO Terms and Conditions - AUCTION PARTICIPATION AGREEMENT

This Auction Participation Agreement (the “Agreement”) sets forth the terms and conditions that govern participation by Applicants in one or more auctions of domain names within the .CO top level domain (the “TLD”) conducted by .CO Internet S.A.S., administrator for the TLD (“Administrator”). ANY PERSON OR ENTITY THAT USES THE .CO AUCTION WEBSITE (A “USER”) AND/OR PARTICIPATES IN ANY SUCH AUCTION (EACH, A “.CO AUCTION”) SHALL BE DEEMED TO HAVE ENTERED INTO AND AGREED TO BE BOUND BY (AS OF THE DATE OF SUCH USE OR PARTICIPATION, THE “EFFECTIVE DATE”): (A) THIS AGREEMENT WITH ADMINISTRATOR, (B) THE AUCTION MANAGER’S GENERAL TERMS AND CONDITIONS WHICH GOVERN USE OF THE AUCTION MANAGER’S SERVICES AND AUCTION PLATFORM (THE “AUCTION MANAGER GENERAL TERMS”), AND (C) THE AUCTION MANAGER’S PRIVACY POLICY WHICH SETS FORTH SUCH PERSON’S OR ENTITY’S RIGHTS AND RESPONSIBILITIES REGARDING HIS/HER/ITS PERSONAL INFORMATION (THE “PRIVACY POLICY”, AND COLLECTIVELY WITH THE AUCTION MANAGER GENERAL TERMS, THE “AUCTION MANAGER TERMS”). The terms “you” and “your” refer to the User or Applicant, as the case may be, and the terms “we”, “us”, and “our” refer to Administrator. Notwithstanding anything in the Auction Manager Terms to the contrary, the terms and conditions contained in this Agreement shall govern all aspects of the .CO Auctions, including, without limitation, your participation therein and any .CO domain names awarded in connection therewith. In the event of a conflict between this Agreement and the Auction Manager Terms, this Agreement shall govern.

The following terms used throughout this Agreement (including in the preamble above) shall have the following meanings:

  • 1.1“.CO Auction Website” means an Internet website operated by Auction Manager on behalf of Administrator through which Participants may participate in a .CO Auction.
  • 1.2“.CO Domain” means a second level domain name in the .CO TLD for which the initial registration fee will be determined by a public .CO Auction.
  • 1.3 “Applicant” means a person or legal entity who participates for a second level domain name in the .CO TLD.
  • 1.4 “Auction Manager” means Pool.com, Inc.
  • 1.5 “Auction Platform” means the Auction Manager’s technology environment in which the .CO Auctions are run.
  • 1.6 “Participant” means an Applicant who registers to participate in a .CO Auction.

2. AUCTION FORMAT AND RULES

There is a US$10 minimum bid for all .CO Auctions. If no Participant bids the minimum amount, Administrator may, in its sole discretion, cancel the .CO Auction and make the relevant .CO Domain available to Participants, other interested parties and/or the general public. The means and timeframe for such purpose shall be duly informed by Administrator through its web site following cancelation of the .CO Auction.

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3. PAYMENT

Following the successful completion of a .CO Auction for a particular .CO Domain, the Auction Manager will notify the winning Participant that they have won the .CO Auction. Administrator will provide such Participant the corresponding domain name invoice. If you are the winning bidder for any .CO Auction, you agree to remit payment in the amount of the winning bid to the Auction Manager (as agent for the Administrator) within 7 calendar days of such notice pursuant to payment instructions provided by the Auction Manager. Acceptable forms of payment are set forth in the Auction Manager Terms and depend on the amount due. All Participants must carefully consider their bids prior to placing them as once a bid is placed, it may not be modified or rescinded under any circumstances.

In the event the Auction Manager does not receive full payment from the winning bidder within such 7 day period, or in the event of a reversal of payment or a charge back by a credit card company or other payment provider, Administrator may, in addition to any other remedies it may have available to it, at any time in its sole discretion terminate such Participant’s eligibility to participate in any other .CO Auction, void one or more of such Participant’s bids in any .CO Auction (including any or all winning bids), and/or notify the next highest bidding Participant for any relevant .CO Auction(s) that such Participant has won the .CO Auction, after which such Participant shall have up to 7 calendar days to complete full payment. Administrator may repeat this process as many times as Administrator deems appropriate until a winning bidder makes full payment or may at any time cancel the .CO Auction and make the relevant .CO Domain available to Participants, other interested parties and/or the general public via any means and at any time Administrator deems appropriate. Administrator reserves the right to charge a reasonable administration fee to cover its time and expense (and/or the time and expense of the Auction Manager) associated with the recovery of payment in the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider. You only will be charged .CO Auction fees for those .CO Domains you have successfully won at .CO Auction. Neither the Auction Manager nor Administrator provides registration services. Upon verification of payment of any auction fees, you shall receive the auth-code for the .CO domain to send to your registrar of choice to register the domain. All fees related to .CO Domain registrations (if any) will be charged to you by the Registrar.

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4. SECURITY

Applicants who are eligible to participate in a .CO Auction will receive notification of eligibility along with login credentials so they may create a .CO Auction account. It is each such Applicant’s responsibility to safeguard such Applicant’s login information for the .CO Auction platform website. All such Applicants accept full responsibility for any bids made, canceled or modified and for any modifications made to their account, using their login credentials. As a security measure to prevent fraud, a valid credit card will be required upon account setup that will be used by the Auction Manager to verify the Applicant’s identity as a valid bidder. To this end, a pre-authorization charge of US$60 will be applied against the credit card account. A pre-authorization validates a credit card and reserves a specified amount of available credit. It is not a charge, although it may appear on an online statement. This reservation of credit is usually in effect 48 to 72 hours, and will expire automatically. You agree to keep any credit card information you provide to the Auction Manager accurate and current at all times. Administrator reserves the right to immediately suspend and/or declare null and void any .CO Auction in which fraudulent activity is suspected and to determine the best course of action thereafter, which may include, but is not limited to, rescinding the relevant .CO Domain, rescheduling the .CO Auction, and/or pursuing further investigation and prosecution.

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5. ACCURATE INFORMATION

Participants shall ensure that all information in their Applications and all Auction account information (including without limitation name, credit card information and email address) is at all times current, complete, and accurate. Any failure to do so, including a failure to respond to requests by Administrator and/or the Auction Manager, is a material breach of this Agreement and may result in such Participant being declared ineligible to participate in .CO Auctions.

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6. MODIFICATIONS TO AGREEMENT

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that Administrator may revise this Agreement, and/or the specific format of the .CO Auctions and other applicable rules, terms and conditions relating to the .CO Auctions at any time. Any such revisions will be binding and effective seven (7) calendar days after the revisions are posted on the .CO Auction Website . You agree to periodically review the .CO Auction Website to be aware of any such revisions. If you do not agree with any revision, you may cease participation in the .CO Auctions and use of the .CO Auction Website (though you will remain responsible for any fees or charges incurred prior to such date). By continuing to use the .CO Auction Website and/or participate in any .CO Auction seven (7) calendar days after any revisions are posted on the .CO Auction Website, in the Launch and Registration Rules, and/or in the Auction Guide, you agree to abide by and be bound by all such revisions. Administrator is not bound by and you may not rely on any representation concerning this Agreement or the .CO Auctions made by: (i) any agent, representative or employee of any third party; or (ii) information posted on the .CO Auction Website or any other website operated by or on behalf of Administrator of a general informational nature. No employee, contractor, vendor, agent or representative of Administrator (including the Auction Manager) is authorized to alter or amend this Agreement.

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7. PROHIBITED CONDUCT

You agree that you will only use the Website and participate in the .CO Auctions for lawful purposes and in compliance with all applicable laws, rules, regulations, ordinances and decrees, as well as all of Administrator’s rules, policies and procedures relating to the .CO Auctions and/or to the .CO TLD in general (including those found at Administrator’s website located at www.cointernet.co).

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8. DISPUTE POLICY

Administrator will not participate in any way in any dispute between you and any party other than Administrator regarding the registration and use of any .CO Domain and/or participation in any .CO Auction. You agree not to name Administrator as a party or otherwise include Administrator in any such proceeding. In the event that Administrator is named as a party in a proceeding, Administrator reserves the right to utilize any and all defenses available to it and to take any further action that Administrator deems necessary to defend itself.

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9. LIMITATION OF LIABILITY.

To the maximum extent permitted by applicable law, neither Administrator nor the Auction Manager nor their parents, subsidiaries or affiliates (nor their respective owners, managers, directors, officers, employees, agents, partners, contractors, attorneys or representatives) will be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of or relating in any way to this Agreement, any domain name registration, any .CO Auction, your participation or inability to participate therein, and/or your use of or inability to use the Website for any reason whatsoever including, but not limited to the following (collectively, “Released Claims”): (i) any failure or inability to register a domain name in the .CO TLD; (ii) access delays or interruptions; (iii) data non-delivery or data mis-delivery; (iv) force majeure events such as civil disorder, war or military operations, national or local emergency, acts or omissions of government or other competent authority, compliance with any statutory obligation or executive order, industrial disputes of any kind, fire, lightening, explosion, flood, subsidence, weather of exceptional severity and other acts of God; (v) the unauthorized use or misuse of your account and/or the login credentials associated therewith; (vi) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement or in connection with any .CO Auction; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website(s); (ix) Administrator’s processing of or failure to process any application for a .CO Domain and/or of any modification to your account; and (x) the application and/or results of Administrator’s dispute resolution policies. You agree that Administrator’s entire liability, and your exclusive remedy, with respect to any loss or claim arising out of or relating to any Released Claim is limited solely to the amount actually paid by you to Administrator in connection therewith.

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10. INDEMNITY

You agree to defend, indemnify, and hold Administrator and the Auction Manager, their parents, subsidiaries and affiliates, and all of their respective owners, managers, directors, officers, employees, partners, contractors, agents, and attorneys (each, an “Indemnified Party”) harmless from and against all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses and the cost of internal personnel time (at reasonable rates) incurred or suffered by any Indemnified Party, relating to or arising from your breach of this Agreement, your application during Pre-Registration, your registration and/or use of any .CO Domain, your use of the Website, and/or your participation in any .CO Auction. If any Indemnified Party is threatened with suit or sued by a third party, Administrator may seek written assurances from you concerning your promise to indemnify such Indemnified Party. Any failure to provide those assurances may be considered by Administrator to be a material breach of this Agreement.

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11. BREACH

You agree that your failure to abide by any provision of this Agreement, any operating rule or policy of the Auction Manager, or any other policy, rule or procedure of Administrator relating to the .CO TLD in general may be considered by Administrator to be a material breach of this Agreement. In the event of any such failure, Administrator may, in its sole discretion and without prior notice to you, terminate your ability to use the .CO Auction Website and/or participate in one, some or all of the .CO Auctions. Neither the Auction Manager nor Administrator will refund any fees or other amounts paid by you prior to the termination of this Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because Administrator and/or the Auction Manager did not act earlier in response to that, or any other breach, by you.

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12. NO GUARANTY

You agree that neither winning a .CO Auction nor registering a .CO Domain confers upon you any immunity from objection to either the registration or use of such .CO Domain.

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13. REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (i) all information that you or your agent on your behalf provide to Administrator and/or to the Auction Manager in connection with this Agreement, any .CO Auction, and/or any application for a .CO Domain is, accurate and complete, and that any future changes to this information will be provided to Administrator and the Auction Manager in a timely manner; (ii) to the best of your knowledge and belief neither the registration of any .CO Domain that is the subject of a .CO Auction in which you participate, nor the manner in which you intend to use such .CO Domain will directly or indirectly infringe the legal rights of any third party; (iii) you have all requisite power and authority to bind yourself to this Agreement and to perform your obligations hereunder; (iv) you have selected the necessary security option(s) for your registration record; and (v) you are of legal age to enter into this Agreement.

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14. DISCLAIMER

You agree that your use of the .CO Auction Website and/or your participation in any .CO Auction is solely at your own risk. You agree that the Website and all services relating to the .CO Auctions are provided on an "as is," and "as available" basis. ADMINISTRATOR AND AUCTION MANAGER EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER ADMINISTRATOR NOR AUCTION MANAGER MAKE ANY WARRANTY OR REPRESENTATION THAT THE .CO AUCTION WEBSITE, THE .CO AUCTIONS AND/OR ANY SERVICES PROVIDED BY ADMINISTRATOR OR AUCTION MANAGER RELATED THERETO WILL MEET YOUR REQUIREMENTS, THAT EITHER ADMINISTRATOR OR AUCTION MANAGER WILL BE ABLE TO REGISTER ANY PARTICULAR .CO DOMAIN ON YOUR BEHALF, OR THAT ANY OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO ADMINISTRATOR OR AUCTION MANAGER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE .CO AUCTION WEBSITE, PARTICIPATION IN ANY .CO AUCTION, AND/OR USE OF ANY RELATED SERVICE(S). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE .CO AUCTION WEBSITE OR OTHERWISE IN CONNECTION WITH ANY .CO AUCTION IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADMINISTRATOR OR AUCTION MANAGER WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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15. ENTIRE AGREEMENT

You agree that this Agreement, the Privacy Policy, and the other rules, policies and procedures referenced herein are the complete and exclusive agreement between you, Administrator and the Auction Manager regarding the .CO Auction Website and the .CO Auctions and supersede all prior agreements, representations and understandings, oral, written or electronic, and whether established by custom, practice, policy or precedent.

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16. GOVERNING LAW; VENUE; EXPIRATION OF CLAIMS

You agree that this Agreement and any disputes, claims or controversies hereunder and/or otherwise arising out of or relating to the .CO Auction Website and/or any .CO Auction (other than disputes between you and Auction Manager) shall be governed by and construed in accordance with the laws of the Republic of Colombia without reference to the conflict of laws principles of such jurisdiction. You further agree that any such disputes, claims or controversies shall be brought and heard exclusively (a) for claims against Administrator, in the courts located in Bogotá, Colombia, and (b) for claims against Auction Manager, in the courts specified in the Auction Manager Terms. You hereby irrevocably submit to the personal and subject matter jurisdiction of such courts, waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum, and waive any right to join actions against or name as co-defendants in the same action Administrator and the Auction Manager to the extent the same would violate the preceding venue requirements.

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Last Modified October 21, 2011
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