HUGEDOMAINS.COM TERMS OF SERVICE
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HUGEDOMAINS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
CHANGES TO TERMS
SCOPE OF USE
Use of Services and Availability. HugeDomains retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services due to circumstances both within our control (e.g., routine maintenance) and outside of HugeDomains' control. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Your Conduct and Responsibilities. You acknowledge and agree to the following with respect to our Services:
a.You shall not modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Services;
b.You agree not to submit and/or transmit any materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
c.You shall not obtain or attempt to obtain access to any of our and/or our third-party provider's systems through any means except as intended to be provided through the Services;
d.You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide and/or make it available to you;
e.You shall not pretend to be someone else, use someone else's identity or misrepresent your affiliation with a person or entity;
f.You shall not copy or imitate part or all of the design, layout, and/or look-and-feel of the Services and/or individual sections of it, in any form or media;
g.You shall not merge the Services or any portion thereof with any other program and/or materials;
h.You are responsible for the accuracy of the information that you submit to HugeDomains and/or our third-party providers;
i.You will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or to extract or export data collected through the Services;
j.You will use all Services and purchases for lawful purposes only and agree to act in accordance with all applicable laws, rules and regulations;
k.You will not use our Service in a manner (solely determined by us) that promotes, encourages or engages in child pornography, cruelty to humans or animals or otherwise encourages terrorism or violence; (and/or 2) engage in or instigate actions that cause harm to HugeDomains or other customers, including without limitation actions resulting in blacklisting any of our Ips by any online spam database, DDOS attacks on servers, etc.;
l.You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.
In the event HugeDomains has reason to believe you are in breach of this Section, then HugeDomains may suspend your access to and/or use of the Services immediately, without liability.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to Services. We reserve the right to: (i) correct any errors, inaccuracies, and/or omission; and/or (ii) make changes to descriptions, prices and/or other information without obligation to issue any notice of such changes, except as prohibited by law. We also reserve the right to revise, suspend and/or terminate a promotion at any time without notice and without liability. From time-to-time HugeDomains has features on its site that shows cart adds and favorite/saved domains. Even though HugeDomains prevents many bots from scraping its site, it is not provided with a guarantee that such data might not be affected by bot traffic.
SALE OF DOMAIN NAMES
Platform Fee. Certain domain names that are listed for sale on HugeDomains are sold under special contracts we have with the domain name's owner. Such domains will have a "platform fee" attached to them which is the commission that HugeDomains takes. This fee is only applicable to specific domain names and will be shown in the shopping cart when checking out. If you are checking out with multiple domains, the HugeDomains platform will charge the higher of two platform fees. In this case, we recommend you check out twice to minimize the platform fee that you will pay. If you have any questions about the platform fee please reach out to our support team. If you are opting for a payment plan, the platform fee is split among all payments that are made for the domain.
Transfer and Registration. Upon successful purchase and verification of such purchase, the domain name will be transferred to you at the current registrar. You may keep the purchased domain registered at its current registrar or, if permitted by law and/or registrar you may transfer the purchased domain to another registrar of your choosing. It will be your sole responsibility to ensure your domain is properly registered and that your registration is in good standing with the applicable registrar including the direct payment of annual renewal fees to the registrar. HugeDomains has no control over the registration fees for any domain name. You are responsible for researching the cost of any registration and renewal fees prior to purchase. Registration fees vary by registrar, are usually between $10 and $20 USD per year for a .com domain, and it will be your sole responsibility as the new owner of the domain to keep the registration current.
Verification of Sales. All sales are subject to the final approval of HugeDomains, and we reserve the right to deny fulfillment of any order at any time and for any reason. In the event that HugeDomains decides to stop fulfillment of an order and payment has already been rendered by the buyer, we will issue a complete refund immediately. A domain name sale transaction is not complete until the order has been verified and approved by HugeDomains. All domain name sales are subject to a final review and verification to ensure that that the domain(s) subject to the sale are: a) actually available for purchase; and b) there is nothing that would restrict the sale of each domain. Only once the domain name has been transferred into the buyer's name and the buyer has received possession of the domain will a sale be considered final. In most cases access to the domain will be available within one to two hours of purchase, however access to domains purchased after business hours will be available within the next business day. A sales receipt or email confirmation does not render the transaction complete. If circumstances arise affecting HugeDomains' ability to completely deliver a domain to the purchaser, all charges will be refunded appropriately. In order to complete certain transactions, HugeDomains may require additional verification from the buyer such as a valid photo ID or other documentation. If the buyer fails to provide such additional information requested by HugeDomains , the order will be cancelled, and a refund will be issued. A sale will not be considered complete until the order has been both verified and approved by HugeDomains, and the domain has been successfully transferred to the buyer at the applicable registrar.
Payment. HugeDomains uses a third-party payment platform to process payments. Your credit card information or other payment method will be processed and stored by our third-party Payment Processor and not stored on our servers. You expressly understand and agree that all payments and monetary transactions are handled by such third-party and the use of such platform is governed by the third-party's terms and conditions and HugeDomains shall have no liability related thereto. In the event you elect to pay the fees due hereunder via credit card, you authorize HugeDomains to charge the payment account for the fees due. If HugeDomains believes that a buyer has participated in a fraudulent chargeback, HugeDomains will pursue its claims against buyer to the fullest extent allowed by law. If for any reason HugeDomains is unable to charge your payment method for the full amount owed, or if we receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, you agree that HugeDomains may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or purchased on your behalf.
Payment Methods. HugeDomains accepts the following payment methods: credit card, debit card, wire transfer, PayPal, and Escrow.com. HugeDomains does not accept payment via check under any circumstances. Any checks sent to HugeDomains will be destroyed without being processed, deposited or cashed.
3rd Party Legal Rights. HugeDomains is not responsible in determining whether the domain name(s) listed for sale infringe upon the legal rights of others. It is the buyer's sole responsibility to research whether the purchase and use of a domain will infringe upon the legal rights of other entities and individuals, including but not limited to trademark and/or copyright infringement. In the event you wish to submit a trademark infringement claim on a specific domain purchased, please submit such claim to our legal department ( ) along with the registered trademark including registration number and Country the trademark is registered in. Please include any additional information supporting your claim and our legal department will conduct a review and respond accordingly.
USE OUTSIDE DEFINED AREA
PROPRIETARY RIGHTS AND LICENSES
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, HugeDomains reserve all right, title and interest in and to the Services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Feedback. If you provide HugeDomains (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services ("Feedback"), then you grant to HugeDomains a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. HugeDomains has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
HugeDomains prohibits crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means. You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL HUGEDOMAINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF HUGEDOMAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY HUGEDOMAINS, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, HUGEDOMAIN'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
HUGEDOMAIN'S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF: (I) THE AMOUNT PAID BY YOU TO HUGEDOMAINS FOR THE PARTICULAR SERVICES THAT ARE SUBJECT TO THE CAUSE OF ACTION, OR (II) ONE HUNDRED DOLLARS ($100.00).
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERIVCES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF HUGEDOMAINS.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate' section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in the City and County of Denver, Colorado, USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and HugeDomains agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the City of Denver, Colorado. Both you and HugeDomains consent to the foregoing venue and jurisdiction.
Force Majeure. HugeDomains shall not be liable for any cessation, interruption, or delay in the performance of its obligations hereunder due to causes beyond its reasonable control, including but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages, embargoes, postal disruption, communication disruption, pandemic, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Last Revised: January 25, 2023
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