Terms and Conditions of the Domain Marketplace


The Terms & Conditions for the Domain Marketplace are accessible to the Customer online. The contractual language is in English. Any translation of these Terms and Conditions into another language is solely for informational reasons. In cases of uncertainty or conflict, the English version shall prevail.

One. Preface

This document outlines the Terms and Conditions of aboutnow.com (hereinafter "AboutNow") pertaining to the Domain Marketplace Service (hereinafter "Marketplace Agreement," "Marketplace Terms," or "Agreement").

The Marketplace Terms shall take effect upon electronic acceptance. This agreement regulates your utilization of AboutNow's Domain Marketplace Service (hence termed the "Marketplace Service" or the "Service"). By accepting these Marketplace Terms, the Customer acknowledges having read, comprehended, and agrees to be bound by these Terms.

Two. Extent

The commercial relationship between aboutnow.com (hereinafter "AboutNow") and you shall be regulated by:

the subsequent Domain Marketplace Terms and Conditions, and

The AboutNow General Terms and Conditions (hereafter "User Terms").

In each instance, according to the version effective at the moment of electronic acceptance between AboutNow and you, all stipulations of the User Terms shall apply, unless alternative provisions are included in these Marketplace Terms. In case of any discrepancy between the User Terms and these Marketplace Terms, the latter shall take precedence. All provisions of the User Terms remain fully effective and unaltered by the Marketplace Terms, unless explicitly modified by the Marketplace Terms.

Any divergent terms and conditions proposed by the User shall not be acknowledged unless AboutNow explicitly consents to their applicability in writing. Moreover, certain terms and conditions may pertain to individual commercial transactions that include modifications or supplements to the User Terms or the subsequent Marketplace Terms. In this instance, any specific terms and conditions shall be established separately in writing and will take precedence.

Access to the aboutnow.com website or AboutNow Services is forbidden for any individual or entity with whom U.S. persons are restricted from engaging in business under the economic sanctions enforced by the Office of Foreign Assets Control ("OFAC") of the United States. Department of the Treasury (designated as a "OFAC Prohibited Person"). The identical prohibition shall be applicable if you are a natural person, entity, or organization with whose commercial interactions are restricted as delineated in European Regulation 881/2002 in accordance with the Financial Sanctions List. You affirm and guarantee that you are neither an OFAC Prohibited Person nor otherwise unauthorized to use the AboutNow Website or its Services. Furthermore, access to the AboutNow Website or Services is prohibited for residents, citizens, or habitual residents of any jurisdiction where AboutNow has, at its sole discretion, restricted such access or use. This include, but is not restricted to, individuals or entities who are residents, citizens, or habitually dwell in the following nations and regions: Cuba, Iran, the Crimea region of Ukraine, North Korea, and Syria.

Three. Overview of Domain Marketplace Service

AboutNow functions as a platform dedicated to the exchange of domain names. Users of AboutNow may propose to acquire or list domain names in AboutNow's sales database and make them available for purchase on the public marketplace through various listing formats and features. Listing domains enables the sale of the registration rights or exclusive rights to register Internet domain names (hence generally referred to as "Domains" or "Domain Names"), with or without accompanying website content. This platform comprises websites under domains held by AboutNow, those controlled by associated entities such as AboutNow GmbH, and selected partners ("Domain Marketplace"). The procedure for submitting a sales intent is contingent upon the listing format chosen by the User on the specific Website within the Domain Marketplace. Users may withdraw Domain Names they have submitted to AboutNow's sales database at any time, consequently terminating their distribution in the Domain Marketplace. This is inapplicable if the related domain name is involved non an Open Bid Thread, auction, or domain brokerage.

Buyers and Sellers finalize the transaction for the acquisition of the Domain with the assistance of AboutNow. A Purchase Agreement for a Domain is exclusively established between the Buyer and the Seller. AboutNow's participation following the execution of the Purchase Agreement is restricted to levying a fee for services provided, or as otherwise mutually consented by the parties.

PRIOR TO ENTERING INTO A BINDING AGREEMENT FOR THE ACQUISITION OF A DOMAIN AND/OR ACCESSING AboutNow' WEBSITE AND SERVICES, YOU ARE OBLIGATED TO CONDUCT ALL RESEARCH REQUIRED TO ENSURE AWARENESS OF ANY FACTORS IMPACTING YOUR REGISTRATION AND UTILIZATION OF THE DOMAIN OR ITS USE WITH AboutNow' WEBSITE AND SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RELEVANT ANNUAL REGISTRATION FEES IMPOSED BY AN ACCREDITED REGISTRAR NECESSARY FOR MAINTAINING YOUR REGISTRATION AND DOMAIN USAGE, CONFIRMING THAT YOUR INTENDED USE OF THE DOMAIN WILL NOT VIOLATE THE RIGHTS OF ANY THIRD PARTIES, AND ENSURING YOU POSSESS ALL INFORMATION REQUIRED TO MAKE AN INFORMED PURCHASING DECISION.

Four. Charges & Associated Expenses

AboutNow imposes a fee, known as "Commission," on Sellers for sales initiated and/or finalized through AboutNow's Services. The regular fees of AboutNow and any modifications will be published in our Price List and will be enforceable from the specified effective date.

Upon the execution of an agreement between Buyer and Seller for the acquisition and sale of a Domain, if the payment and transfer of the Domain fail due to reasons not attributable to AboutNow' breach of the Domain Transfer Agreement, AboutNow retains the right to impose any relevant Commission fee on the party that has failed to fulfill their obligation to facilitate the transaction, including Buyers who would typically be exempt from such fees. Moreover, the non-breaching party may seek claims for damages or contractual performance against the party that breaches its obligations under these conditions or the relevant Purchase Agreement.

AboutNow retains the right to impose a Marketplace Handling price on Users, amounting to twice (2x) the minimum commission price for the relevant Domain listing, in cases where the User has demonstrated an obvious intent to cause harm. Intent to harm encompasses, but is not restricted to, (i) acquiring an advantage, such as evading payment of AboutNow’s Commission fees; (ii) presenting a false offer or an offer with deceitful intent; (iii) increasing the Reserve Price after the commencement of an Auction Period; and/or (iv) obstructing the finalization of a domain purchase and sale.

Five. Terms of Use for Domain Marketplace

This Agreement and the relevant posted policies stipulate that AboutNow provides registered Users with a domain trading platform ("Domain Marketplace") where domain owners ("Sellers") can list, market, auction, and sell Domains to buyers, while domain buyers ("Buyers") can search, bid, and purchase Domains from their owners on the Website and through the promotional partner network. In this context, AboutNow retains the authority to permit the submission or acceptance of an offer exclusively to Users who have been previously certified.

Users intending to sell their domain for sale should first select the listing type as outlined in Section 6.3. Users wishing to purchase domains can input search terms on the website to explore the Domain Marketplace for pertinent domain listings, then either placing a bid with an offer to buy or agreeing to the seller's specified price. The bids and the responses from the Sellers and Buyers will be transmitted to the opposing party at no cost through the email addresses supplied during User registration. AboutNow cannot assure that any specific bid or response will be sent to, and/or acknowledged by, the designated recipient. AboutNow does not function as a Buyer, Seller, lessee, lessor, or representative of any aforementioned parties and bears no responsibility for the content of a Seller's Domain listing or a Buyer's bid for a Domain.

Domain extensions vary significantly, with specific top-level domains (TLDs) imposing unusual registration regulations, restrictions, pricing, and additional costs. The Buyer and Seller must perform all required research to familiarize themselves with the rules, regulations, and fees of the relevant registrar for the intended Domain before engaging into a purchase or sale transaction. The Buyer and Seller concur that AboutNow shall bear no responsibility or liability for any registration policies, prices, or fees related to a Domain, and that any party's ignorance of such matters shall not serve as a basis for nullifying the Purchase Agreement.

If a Seller and Buyer negotiate a purchase and sale agreement for a Domain through the Domain Marketplace, both parties agree that the terms will adhere to the standard online purchase and sale agreement (“Purchase Agreement”) provided by AboutNow, which can be reviewed here. Moreover, the Buyer and Seller concur to utilize AboutNow’ Domain Transfer Service, offered at no cost for all transactions finalized on the Domain Marketplace, to facilitate the requisite procedures for concluding the transaction in alignment with the stipulations of the relevant Purchase Agreement. You acknowledge that the Domain Transfer Terms and Conditions in effect at the time of the Purchase Agreement's execution are applicable and regulate the usage of the Domain Transfer Service.

Any supplementary data, web pages, or other objects transferred with the Domain are not included in the AboutNow Domain Transfer Service and do not influence AboutNow's entitlement to remit the purchase money to the Seller. The Buyer and Seller have exclusive responsibility for coordinating the transfer of these supplementary contractual elements.

6. Regulations and Criteria for Domain Marketplace

Buyers and Sellers are consistently obligated to adhere to the terms and conditions of this Domain Marketplace Agreement, as well as the policies pertaining to the listing, negotiation, purchase, and sale of Domains on the AboutNow Domain Marketplace, as posted on the Website or located in the Policies section of the Website. Each AboutNow User is restricted in the quantity of Domain negotiations ("Open Bid Threads") they may concurrently engage in, contingent upon their User account certification status. AboutNow disclaims any representations or warranties concerning the attributes of Domains available on the Domain Marketplace. This will specifically, though not solely, pertain to visitor statistics, traffic statistics, and the exact alphanumerical configuration of a Domain.

6.1 Legal Relationship Among AboutNow, Buyer, and Seller

AboutNow neither owns the domains included in the Domain Marketplace nor has any influence or control over the transactions done among users of the Domain Marketplace. AboutNow also does not function as a mediator regarding the Marketplace Service.

The accountability for the content of Domain listings, including the precision of any statistics, whether measured and presented by AboutNow or elsewhere, rests solely with the individual Sellers. AboutNow shall bear no liability for legal transactions or activities undertaken by Domain Marketplace Users. This also pertains to any infringements of third-party rights resulting from the utilization of AboutNow's Services, encompassing, but not limited to, the inclusion of a Domain in the Domain Marketplace that violates intellectual property rights, name usage rights, and trademark rights. The Buyer and Seller concur that AboutNow shall bear no responsibility for either party's failure to fulfill their obligations under the Purchase Agreement, and that AboutNow, as the impartial facilitator of the Domain Marketplace and related Services, shall not be liable for any claims stemming from the attempted purchase and sale of Domains.

6.2 Engaging Potential Buyers and/or Sellers

Despite the provisions of AboutNow's Privacy Policy, AboutNow retains the authority to communicate with potential Buyers and Sellers to facilitate a mutually satisfactory resolution to their negotiations. Similarly, if a User lists, views, or submits an offer for a Domain that another User has engaged AboutNow’s Domain Brokerage Service to negotiate for sale or acquisition, the unrepresented User consents to AboutNow using their account information to communicate on behalf of the represented User.

6.3 Domain Enumeration Alternatives

Vendors possess multiple listing alternatives when presenting Domains for sale on the Domain Marketplace. Sellers may list their domain for instant purchase ("Buy Now"), for sale on the AboutNow trading platform to solicit purchase offers ("Make Offer"), or for sale via auction when our auction is available. Sellers may remove their Domain listings from the Domain Marketplace at any time without charge, except when their Domain (i) is involved in an Open Bid Thread or Auction; (ii) has been sold and is awaiting payment and/or transfer; or (iii) is under a brokerage agreement.

As long as the Seller has chosen a listing option, AboutNow may announce the Domain's availability for sale on its website and via any partner network website, accompanied by pertinent information regarding the Domain. This information may encompass, but is not restricted to, pricing details, the Seller's jurisdiction, the duration of the Seller's AboutNow account, metrics regarding domain interest such as prior bids and views of the AboutNow listing, and, if the Seller is pointing the Domain to AboutNow's nameservers, statistics pertaining to Domain traffic.

6.3.1 Immediate Purchase Listings

Sellers can submit a Buy Now Domain listing by changing their Domain listing in their User account to specify a fixed price, which acts as a non-negotiable offer to Buyers on the Domain Marketplace for the sale of the Domain at the stated amount. This proposal to sell the Domain at the specified price shall stay in effect until the Seller modifies the corresponding Domain listing in their AboutNow User account with a different fixed price offer or an alternative listing type, and this modification is reflected on the Domain Marketplace. The prices listed in Buy Now listings on Seller's Domain are regarded as the final price for the Buyer, inclusive of all relevant taxes. Buyers on the Domain Marketplace may submit a binding offer to the Seller below the specified Buy Now price, which the Seller can choose to accept or disregard.

The prospective Buyer recognizes that if a fixed price is established for a listed Domain, the purchase agreement for the Domain at the specified price and currency becomes effective upon the receipt of the bid by AboutNow as an acceptance declaration, or if the Buyer submits a binding offer below the Seller’s Buy Now price, upon the Seller’s acceptance of the Buyer’s offer.

The interested User, as Buyer, cannot subsequently assert, either against AboutNow or the Seller, that he was unaware that his declaration constituted a legally binding acceptance.

6.3.2 Create Offer Listings

If a Seller fails to specify a fixed sales price when listing a Domain in their User account, the listing will default to a Make Offer format, inviting other Users to submit offers and negotiate the purchase of the Domain in question.

Sellers can indicate a 'Minimum Offer' preference for their Domain offering by filing or editing the listing in their User account to specify the minimum price at which they are open to receiving offers. A Minimum Offer indication on your Domain listing invites other Users to propose offers exceeding the specified amount to negotiate the purchase and sale of the listed Domain.

Be advised that Buy Now and Make Offer Domain listings are automatically advertised on the AboutNow website and the websites of AboutNow's promotional partners, according to the listing preferences of these partners, which may change periodically without prior notification.

6.3.3 Duration of Commitment for Submitted Proposals

During an Open Bid Thread, if a User submits an offer that, if accepted, would create a binding Purchase Agreement, or if a prospective Buyer proposes an offer for a Buy Now listing below the Seller’s specified price, that individual is obligated to honor the offer for 168 hours, equivalent to seven (7) days from the submission time, unless the prospective Buyer selects an alternative duration, when available, at the time of the offer, of which the Seller will be informed. “Offer Period.” Similarly, if a User submits an offer during an Auction that, if accepted, would create a binding Purchase Agreement beyond the initial bid or Reserve Price, he/she is obligated to this offer for the duration of the Auction Period.

Given the obligatory nature of offers to buy or sell Domains, Users must meticulously examine the Domain listing and conduct all requisite research into its appropriateness for intended purposes to prevent any misinterpretation before to submitting a binding offer. Upon submission of an offer, a User assumes all resultant obligations to purchase or sell a Domain once a binding offer has been approved. The Buyer's offer will expire if the other User rejects it, accepts an alternative offer, submits a counter-offer, or if the designated binding time period elapses. The prospective Buyer's offer shall remain valid even if the other User responds during the Offer Period by placing the Domain in an auction.

An untimely acceptance of the offer or a counter-offer shall be regarded as a new offer.

6.4 Conclusion of a Purchase Agreement for Buy Now and Make Offer Listings

Should the Buyer accept an offer for immediate acquisition, a binding Purchase Agreement for the Domain is established between the Buyer and Seller.

Upon initiating a negotiated acquisition, a bidding procedure commences with the filing of an offer. The initial bid submitted by the potential Buyer is regarded as an offer to finalize a Purchase Agreement for the designated Domain at the indicated purchase price. Upon the Seller's acceptance of this offer, a binding Purchase Agreement is established between the Buyer and the Seller. The seller may either reject this offer or provide a new offer, which will be considered a rejection of the potential buyer's offer and regarded as a new counter-offer. A Purchase Agreement is finalized when one party accepts the offer or counteroffer of the other party.

The bids and the responses from the Sellers and Buyers will be transmitted to the opposing party at no cost through the email addresses supplied during User registration. AboutNow cannot assure that any specific bid or response will be conveyed to, and/or acknowledged by, the designated recipient. AboutNow does not function as a Buyer, Seller, lessee, lessor, or representative of any aforementioned parties and bears no responsibility for the content of a Seller's Domain listing or a Buyer's bid for a Domain.

All expressions of intent throughout the bidding process are deemed to include the non-dispositive provisions of the standard online purchase agreement provided by AboutNow, which can be reviewed here.

6.5 Ramifications of Contractual Breach and Indemnification

Should you violate any provisions of these Marketplace Terms and Conditions or the established Purchase Agreement between Buyer and Seller, AboutNow reserves the right to cancel your agreement and/or suspend your User account.

You shall indemnify and hold AboutNow and its affiliates harmless from any and all claims for damages, liability, warnings, cease-and-desist letters from third parties, and other claims, as well as all associated costs and expenses arising from your conduct (including omissions).

You acknowledge and agree that, in the event of non-cooperation following the execution of the Purchase Agreement, the non-cooperating party may be subject to legal action by the other party for enforcement of the Purchase Agreement or for compensation of damages associated with the Purchase Agreement, and shall be responsible for any legal expenses incurred in this regard.

6.6 Taxation, Currency, and Purchase Price Conversion

All prices communicated between Users during negotiations or auctions, or utilized by the Seller in Buy Now listings or Minimum Offer choices, are deemed to be final pricing inclusive of any applicable taxes, including the statutory value-added tax. During the bidding process, users may choose the currency for bids or counter-offers for domains, if applicable. Once both parties have utilized the same currency for the offer and counter-offer within an Open Bid Thread, this currency should be deemed the controlling currency until the negotiation concludes.

The acquisition cost for the Domain shall be denominated in the currency agreed upon through the prompt acceptance of an offer. The purchase price in the specified currency shall serve as the foundation for the execution of the Purchase Agreement between the Buyer and the Seller, as well as for determining any fees owing to AboutNow.

6.7 Specific Regulations for Auction Listings

AboutNow offers Sellers many alternatives for selling their Domain through a public auction conducted on the AboutNow Website or otherwise overseen by AboutNow (“Auction”).

For each choice, you establish a sensible minimum price at which you are prepared to sell your domain at auction ("Reserve Price"). The specific Reserve Price is not revealed to prospective purchasers or third parties, including auction bidders, although auction watchers may occasionally be presented with a range of reserve prices. You consent to finalize the sale of the Domain and undertake all requisite actions for the transfer of ownership, provided that potential buyer bids on the Domain meet or exceed the Reserve Price. Neglecting to comply will be deemed a significant violation of these Terms and Conditions and may expose you to claims from the third party who satisfies the Reserve Price and ultimately secures the right to acquire the Domain at Auction.

The provisions outlined in Section 6.7 shall take precedence in the execution of Purchase Agreements resulting from an Auction. In all other respects, the stipulations outlined in these Marketplace Terms and Conditions shall apply mutatis mutandis to the formation of purchase contracts, provided they are relevant to the auction process and have not been altered by the provisions specified in Section 6.7.

6.7.1 Direct Auctions

Upon remitting a Direct Auction Fee, the Seller may initiate an Auction Period before a bid is received for their Domain, subject to the following additional requirements. Sellers may establish a price of their preference as their obligatory Reserve Price. The current highest bid will be shown on the Bidding Page throughout the Auction Period. The Bidding Page will indicate if the current highest bid is below the Reserve Price; however, the Reserve Price itself will never be disclosed. If AboutNow nullifies a current high bid during an Auction Period, the next highest bid will assume the status of the active high bid along with all associated obligations, contingent upon that bid remaining the highest at the conclusion of the Auction Period. If the Reserve Price is not attained during the Auction Period, the Domain will not be sold to any prospective Buyers. The Seller retains the ability to decrease the Reserve Price throughout the Auction Period but is prohibited from increasing it under any circumstances.

6.7.2 Auction Duration in Direct Auctions

The bidding periods for AboutNow Auction, during which other offers can be made to acquire the Domain from various prospective buyers, typically conclude seven (7) days after the payment of the Direct Auction Fee (“Auction Period”). As the Auction Period nears its conclusion, it will be extended by ten (10) minutes each time a legitimate bid is submitted during the final five (5) minutes of the Auction Period.

Upon the conclusion of the Auction Period, a binding Purchase Agreement for the Domain is established between the Seller and the highest bidder, or the first bidder if no higher bids have been placed, provided that the winning price above the Reserve Price. The seller consents to accept the highest bid submitted during the Auction Period, provided that AboutNow has not terminated the Auction Period in line with these terms and conditions. The Purchase Agreement is valid regardless of the availability of the AboutNow Bidding Page at the conclusion of the Auction Period. Upon entering a Domain into an Auction, the Seller is forbidden from offering or selling that Domain outside of the Auction.

6.7.3 Push-to-Auction

If a potential Buyer submits an offer for an acquisition Agreement during a negotiated acquisition, the domain Seller may opt to place the domain name in "auction" ("Push-to-Auction") rather than proceeding with standard discussions (offer - counter-offer). This will initiate an auction procedure. The domain Seller conditionally accepts the prospective Buyer's offer, with the understanding that other potential Buyers may present larger offers throughout the Auction Period.

6.7.4 Auction Duration within Push-to-Auctions

Upon the Seller selecting the Push-to-Auction option, the Auction Period commences, and the Seller acknowledges the latest offer from the prospective Buyer (the “Initial Prospective Buyer’s Bid”) as the Reserve Price. Throughout this timeframe, other potential Buyers may utilize the Auction platform to present offers to acquire the same Domain at a higher purchase price than the initial bid that commenced the auction. Upon the conclusion of the Auction Period, a legally enforceable Purchase Agreement is established between the Seller and the highest bidder.

If AboutNow deems a current high bid invalid during an Auction Period, the subsequent highest bid will assume the position of the active high bid along with all associated obligations, contingent upon this bid remaining the highest at the conclusion of the auction period.

Should no other potential Buyer present a higher bid for the domain during the Auction Period, the initial prospective Buyer's offer will be automatically accepted, concluding the Auction Period with the initial prospective Buyer as the highest bidder, thereby establishing a legally binding purchase agreement between the Seller and the initial prospective Buyer.

The Purchase Agreement is valid regardless of the availability of the AboutNow Bidding Page at the conclusion of the Auction Period.

The Auction Period for a Push-to-Auction commences when the Seller activates the Push-to-Auction option and concludes seven (7) days following the submission of the Initial Prospective Buyer’s Bid. A Seller may opt for the Push-to-Auction feature within five (5) days following the submission of the Initial Prospective Buyer’s Bid; however, this does not imply that the Auction Period would extend for seven days from that moment. Consequently, if the Seller opts for the Auction option two days subsequent to a potential Buyer's offer, the Auction Period will be limited to five days. As the Auction Period nears its conclusion, it will be extended by ten (10) minutes each time a legitimate bid is submitted during the final five (5) minutes of the Auction Period.

6.7.5 Supervised Auction Event

Sellers may alternatively submit their Domain for consideration to be selected for a AboutNow-managed auction event, which AboutNow may conduct at its discretion from time to time. Sellers must submit an application for the Auction event through the Domain Management tool in their AboutNow User account and review and accept the associated Managed Auction Event Agreement. AboutNow will evaluate all domain submissions for compatibility with the Managed Auction Event. Upon acceptance of your Domain, you will receive notification, and the Managed Auction Event Agreement along with the associated Auction procedure rules will be applicable.

The regulations governing the auction process and the finalization of the Purchase Agreement for Managed Auction Events are identical to those for a Direct Auction and shall apply in line with the provisions for Direct Auctions as stipulated in these Marketplace Terms and Conditions.

6.7.6 Auction Duration during Managed Auction Event

The conclusion time for Managed Auction Events will be independently established by AboutNow and may be accessed online. AboutNow reserves the right to unilaterally prolong the Managed Auction Period. AboutNow shall invoke this privilege specifically if, due to challenges in the software and/or hardware infrastructure, seamless participation in the bidding process was not assured for all potential bidders.

Seven. Rights of AboutNow

7.1 AboutNow' Authority to Terminate Open Bid Thread or Auction

AboutNow retains the exclusive authority to terminate an Open Bid Thread or Auction at any time, prior to or following the commencement of the Offer Period or Auction Period, including, but not limited to, breaches of this Agreement's terms, or if the proposed Domain poses a risk of infringing upon the intellectual property rights or other rights of a third party. Should the Open Bid Thread or Auction Period be annulled, any binding or contractual relationship between the Seller and the highest bidder and/or the individual who submitted the final offer shall be rendered void.

7.2 Denied and/or Prohibited Domain Listings

AboutNow retains the authority to reject the listing of any Domain on our Domain Marketplace or to remove and blacklist existing Domain listings at any time, without prior notice or justification, particularly in instances of User violations of this Agreement, suspected infringements of third-party rights related to a Domain, or potential breaches of applicable laws. The deletion will stay effective until the issue has been resolved by a court or arbitration body. The pertinent rights of third parties include firm name rights, generic name rights, and trademark rights.

7.3 AboutNow’ Authority to Revoke Erroneous Bids

AboutNow retains the authority to eliminate specific offers during an Open Bid Thread or Auction Period if it deems those bids to have been submitted in error, mistakenly, or not to constitute a legitimate firm offer. The user's error must be evidently apparent. The User is required to notify AboutNow of the error in writing and within a reasonable timeframe. Users shall not assert errors to obstruct or evade the finalization of a transaction. AboutNow reserves the right to suspend the User's account at any time if the User is discovered to have falsely asserted an error during an Open Bid Thread or Auction Period. In instances where bids are annulled during an Auction Period, if AboutNow voids a prevailing high bid, the subsequent highest bid will assume the status of the active high bid, including with all corresponding obligations, provided that this bid remains the highest at the conclusion of the Auction Period.

7.4 AboutNow’ Authority to Nullify Fraudulent Bids and Conduct Verification

AboutNow retains the authority to eliminate specific bids during an Open Bid Thread or Auction Period if it deems those bids to be fraudulent, counterfeit, "shill" bids, or not genuine firm offers. AboutNow retains the authority to reach out to you for identity verification, to confirm the legitimacy of the bid, and to request documentation substantiating the legality of your bids. If AboutNow cannot verify the information within a reasonable timeframe, please be informed that AboutNow reserves the right to delete the bid without recourse. AboutNow reserves the right to suspend the User's account at any time if the User is determined to have submitted a fraudulent bid during an Open Bid Thread or Auction Period. In instances where bids are annulled during an Auction Period, if AboutNow invalidates a current highest bid, the subsequent highest bid will assume the status of the active highest bid, including with all associated obligations, provided that this bid remains the highest at the conclusion of the Auction Period.

7.5 AboutNow's Authority to Revoke Bids Due to Third-Party Infringement or Legal Violations

Ultimately, AboutNow reserves the authority to reject a submitted bid or terminate an Auction if it gets reliably informed of a third-party rights infringement or a legal breach associated with the domain name.

7.6 Implications of Offer or Auction Cancellation

If AboutNow terminates a Make Offer or Auction process, no contract will be established between the Domain Seller and the prospective Buyers who submitted bids in the Auction, nor with the prospective Buyer who initially made an offer in the case of Push-to-Auction. If AboutNow invalidates a current high bid in an Auction, the next highest bid will assume the status of the active high bid along with all related obligations, provided that bid remains the highest at the conclusion of the Auction Period.

7.7 Absence of Warranty by AboutNow

The Buyer recognizes that AboutNow provides no warranty, representation, or guarantee regarding the actual ownership of the Domain sold or any related website content by the Domain Seller, nor that the Domain Seller possesses the legal capacity to acquire ownership of the Domain or any associated website content.

AboutNow does not guarantee that the transfer of the given domain name or any related website content to the buyer is technically achievable.

AboutNow disclaims any warranty, representation, or guarantee regarding the attributes of the Domain name or the related website content. This pertains specifically, though not solely, to visitor statistics and traffic data.

AboutNow disclaims any warranty, representation, or guarantee that the registered domain name or any related website content is devoid of corporate, name, trademark, or other third-party rights, and that the Buyer may utilize it without infringing upon any third-party rights or laws; the Buyer bears sole responsibility for such verification prior to the acquisition of a domain name or any associated website content.

The Buyer accepts that any claims for withdrawal, reduction, or damages concerning the purchased Domain name or related website content must be asserted directly against the Seller, his contractual partner.

7.8 Exemption from Liability Due to Website Accessibility

AboutNow does not guarantee, represent, or assure that the Website and/or the specific web page designated for placing bids ("Bidding Page") will consistently be accessible throughout an Open Bid Thread or Auction Period. If a Bidding Page is inaccessible, the Seller may not subsequently cite a possible higher bid during this period as a rationale for not completing the sale. Moreover, a prospective bidder cannot contend, for the same reasons, that he would have submitted the highest bid for a Domain had the Website and/or Bidding Page been accessible.

Concerning all AboutNow Auctions, including Managed Auction Events, such as broker-assisted auctions, promotional auctions, or those conducted on affiliate websites like GreatDomains.com, in the event of technical difficulties arising within AboutNow's servers, networks, or other systems, AboutNow may, to the extent feasible, undertake reasonable measures to rectify such issues as they arise. Such measures encompass, but are not confined to, prolonging the Auction Period, rescheduling, or canceling Auctions.

7.9 Rights of Publication

You authorize AboutNow to disclose the name of the sold Domain and the final Purchase Price for reference on its website or other platforms.

This exemption is valid if the Buyer or Seller submits a written request to AboutNow, in a timely manner, before the conclusion of the Domain Transfer Service, to refrain from publishing the information. In this instance, AboutNow retains the authority to impose an additional fee for relinquishing the publication right, calculated as a percentage of the total purchase price, as specified in AboutNow's current Price List.

If the domain name was sold at auction, both the domain name and the highest bid were publicly accessible online at the auction's conclusion, hence the parties cannot request the suppression of this information.

8. Terms for Buyers and Sellers Applicable to All Listing Categories

The subsequent responsibilities and liabilities of the Buyer and Seller pertain to your utilization of AboutNow's Domain Marketplace and Auction platform:

8.1 Juridical Ownership of the Domain

The Buyer and Seller consent to establish and uphold a User account and to complete the registration form in its entirety and with precision. The Domain Seller must be the authenticated owner of the registration or own the exclusive right to register the Domain name offered for sale. In the absence of a privacy shield for WHOIS database purposes, the information in the AboutNow User's account must align with that in the WHOIS database. Users may be required, at AboutNow's discretion, to furnish adequate proof of their entitlement to list a specific Domain for sale on the Domain Marketplace.

8.2 Valid Domain Registration

If the registration of a Domain involved in a purchase and sale transaction is at risk of expiring with its respective registrar, or if the expiration date occurs within the next sixty (60) days from the date of the purchase and sale agreement, the Seller agrees to renew the Domain’s annual registration and assumes full responsibility for any associated costs or fees for such renewal. The Buyer and Seller are individually accountable for any associated costs imposed by their respective registrars and/or service providers.

8.3 Limitations Established by Domain Registration Agreements

Domains are the outcome of, and are governed by, all rules, limitations, and restrictions outlined in Domain registration agreements between the Seller and their third-party Domain registrar or reseller. The transferability of domain registration may be restricted, forbidden, or otherwise contingent upon conditions set by the domain registrar or service provider. This Agreement and the Website do not imply that the Seller holds any rights to a Domain beyond those outlined in the Seller's agreement with the applicable Domain registrar or reseller. In the context of a purchase and sell transaction, "Domain" refers to whatever rights the Seller holds over the registration of a specific Domain under its registration agreement with a Domain registrar at the time of the agreement. All content or materials related to a constructed website, which is the subject of a Purchase Agreement, must be substantially detailed in the Seller's listing or negotiation history to be governed by the pertinent Purchase Agreement.

8.4 Warranty / Guarantee

As a Seller of a Domain listed on the Domain Marketplace and/or Auction, you represent and warrant that: (i) you have registered, or have the exclusive right to register, the Domain with an appropriate Domain registrar or other registration authority; (ii) your registration rights to the Domain are current and not subject to deletion, cancellation, rescission, or deactivation by any 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 right 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, that you have included in your listing 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 shall not, under any circumstances, enumerate or convey the rights to any Domain for which you lack adequate authority to transfer, or that is unlawful to transfer according to applicable legislation.

8.5 Adherence to AboutNow Policies

The Seller consents to refrain from listing any Domains that contravene AboutNow's established acceptable usage criteria and acknowledges that AboutNow reserves the right to decline to list or to delete the listing of any Domain that, at AboutNow's sole discretion, is considered unsuitable for the Services. This may encompass, but is not restricted to, Domains that could potentially infringe upon or violate the proprietary rights of any third party or any other Domain, or which, at AboutNow's sole discretion, is inflammatory, offensive, or inappropriate and inconsistent with AboutNow's overarching policies or acceptable use terms.

8.6 Limitations

The Seller of a Domain consents to refrain from bidding on their own offer and from directing others to do so. Furthermore, any User alteration of Domain listing statistics is forbidden, including, but not limited to, the manipulation or deceptive inflation of traffic figures supplied to potential Buyers during negotiations or those measured and displayed by AboutNow.

You shall neither interfere nor permit anyone to interfere, directly or indirectly, with the operations of the Website or the Services.

8.7 Abuse Comment System / Offer Detail Page

You acknowledge and consent that AboutNow's comment system is not to be utilized for communication with the Buyer and/or Seller to bypass AboutNow's user agreement, modify domain sales, evade commission, or amend the terms of the Purchase Agreement. Additionally, website content is excluded from AboutNow’s Domain Transfer Service and must be transferred directly between the Seller and Buyer. The improper use of the comment system to convey contact information, including phone numbers, email addresses, or any alternative methods of communication outside the Domain Marketplace comment system, is explicitly prohibited and constitutes a significant violation of this Agreement.

8.8 Requirement to Preserve Data and Domain Names in Your User Account

The Seller commits to maintaining the accuracy of any data submitted to the Domain Marketplace, specifically the email address and Domain listings in the AboutNow database. If a Domain has been sold or if the Seller no longer possesses registration rights to the Domain, they must promptly remove the corresponding Domain from their User account. Moreover, the Seller consents to promptly withdraw a Domain from the Domain Marketplace and/or Auction upon the issuance of a warning, or upon receiving any notice or becoming aware that the rights of a third party or relevant laws may be infringed by the listing. This will remain in effect until the legal position has been clarified.

9. Various

9.1 Reservation of Authority to Implement Modifications

AboutNow may modify the Terms and Conditions with the User's approval, as long as the modification is appropriate for the User and considers the interests of AboutNow. Consent to the alteration will be considered granted unless the User submits a written objection within two (2) weeks of receiving the notice of amendment. AboutNow commits to informing the User of the repercussions of not contesting the notification of the change. Should the User object during this timeframe, AboutNow reserves the right to cancel the contractual agreement with the User and suspend the User's account.

9.2 Severability

If any term of these Domain Marketplace Terms and Conditions, or any provision in the User Terms, is or becomes invalid in whole or in part, the validity of the remaining provisions of the Domain Marketplace Terms and Conditions or User Terms shall be unaffected. The invalid clause shall be substituted by a suitable provision that closely aligns with the intentions of the contracting parties.