Terms of Service

Effective Date: September 01, 2006
Posting Date: September 05, 2006

I. General Terms

 

1. Contract Partner

The client's contract partner is

QualityNames.com
Noorderstraat 21
2312 PV Leiden
The Netherlands.

 

2. Modification of this Agreement

 

We 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. 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 QualityNames.com.

 

3. Protection of Data

 

The client agrees that during the contractual relationship his/her data will be electronically processed and saved by QualityNames.com according to Dutch data protection laws. Unauthorised access will not be given to any third party. The transmission of user data for the purpose of contract implementation and invoicing does not qualify as unauthorised access. The client will be reminded that the safety of data transmission through the Internet cannot be completely guaranteed at any time. At the present state of technology there is still a certain risk that data may be accessed by unauthorized persons.

 

4. Fees

 

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. QualityNames.com may, in its sole discretion, add, delete or change any of the Services provided or fees charged by QualityNames.com. QualityNames.com'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 therefor.

 

5. Liability Disclaimer and Indemnification

 

QualityNames.com is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by QualityNames.com or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the QualityNames.com Site. By providing access to other web sites, neither QualityNames.com nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.

 

6. Trademarks & Intellectual Property

 

QualityNames.com's logo is a trademark of QualityNames.com. All rights reserved worldwide. All other trademarks and copyrights appearing on QualityNames.com are the property of their respective owners. All content, database information, data and services available on, and collected as a whole through this site are property of our company, our affiliates, advertisers and our licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. All rights not expressly granted herein are fully reserved by our company, its affiliates, advertisers, and licensors. Our licensors' or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties. Solely to enable us to use your information, so that we are not violating any rights you might have in such information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information.

 

7. Domain listing & Domain Sales Database

 

The domains, which are listed by QualityNames.com, are added to our domain sales database. The following entry requirements and obligations apply to your use of the Domain Database:

 

As a Seller of a Domain listing by QualityNames.com and on the QualityNames.com database, you represent and warrant that: (1) you have registered the Domain with the appropriate Domain registrar or other registration authority; (2) 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; (3) 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; (4) the Domain is not the subject of any legal proceedings challenging your right to register or use the Domain; (5) you will accurately describe the subject listing; and (6) you own and have the right to sell the content, if any, listed as part of your Domain. 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. QualityNames.com may refuse to list, or remove the listing for, any Domain which, in QualityNames.com's sole discretion, infringes or violates the proprietary rights of any third person or any other Domain, or which in QualityNames.com's sole discretion, is inflammatory, offensive, inconsistent with QualityNames.com's general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party. If your offer to transfer the Domain is accepted, you must complete the transaction with a ready, willing, and able Buyer. 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. The Seller agrees to keep any data, which he/she has given to QualityNames.com and/or added to the Domain Database up-to-date. If a Domain has been sold, he/she is to inform QualityNames.com so that we can remove it from the database. Furthermore, the Seller agrees to inform QualityNames.com immediately if a warning has been issued, or as soon as any knowledge has been received that the rights of a third party or existing laws could be violated by the listing. This shall apply until legal clarification of the situation has been made.

 

QualityNames.com shall not be liable for legal transactions or other acts of the Sellers and/or Domain Database users. This also applies to any violations of rights of a third party through a domain listed by QualityNames.com and/or the entry of a domain name in the Domain Database, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights.

If QualityNames.com is successful in selling the Seller's domain name the Seller will pay a 10% broker's fee to QualityNames.com at closing or within 7 days after closing of a domain's sale.

 

If a Seller cancels a listing, but sells or leases that domain to any party contacted, procured or derived from QualityNames.com within 180 days thereafter, sales commissions will be due on the sale. QualityNames.com does not guarantee the sale of any domain.

QualityNames.com - Registered Office at Leiden -
Trade Register No. 34273173