General Terms & Conditions
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 provided, the Terms and Conditions as described in
this section (GENERAL TERMS & CONDITIONS) will apply. Additional Terms and
Conditions also apply for specific Top Level Domains (TLDs) under which domains
are acquired. These include: .EU, .MOBI and .ASIA. and are detailed in the
Section titled “TOP LEVEL DOMAIN SPECIFIC TERMS & CONDITIONS”
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Pool.com offers domain backorders, 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, and are incorporated herein as though recited at length.
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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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, at any time (at Pool’s sole discretion) 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, and the remaining terms herein apply thereto.
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When you place a backorder, order a dot-eu domain with us, order a dot-mobi
name with us, or participate in a dot-asia auction, 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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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 the earlier of the close of auction or the successful
backorder registration (as the case may be) 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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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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In order for Pool.com to successfully register a backordered, dot-eu ordered,
dot-mobi ordered, or dot-asia auctioned 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, dot-eu ordered, dot-mobi ordered, or dot-asia auctioned domain on
your behalf and we may, in our sole discretion, elect to cancel the services
without further notice to you, without limitation to our rights and recourses
herein.
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 and any other amounts owing 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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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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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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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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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,dot-EU
ordered, dot-MOBI ordered or dot-ASIA auctioned 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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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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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.
To the extent the use of another party to purchase our services causes any
ambiguity as to the nature of the relationship, you and the party purchasing
the services agree you are jointly and severally obligated by the terms hereof,
and that Pool, at its sole discretion may proceed against one or both parties
without prejudice to any of its rights hereunder.
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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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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, dot-MOBI or dot-ASIA 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 for which Pool has received payment for such service(s).
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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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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 or other amounts 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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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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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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You release Pool.com, our partners, contractors, agents, employees, officers,
directors, shareholders, affiliates and assigns, and any of their
representatives 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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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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We, in our sole discretion, reserve the right to refuse to register your
backordered, dot-EU,dot-MOBI,ordered or dot-ASIA 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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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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You agree that this Agreement, the rules and policies published by us, the
ICANN UDRP, the EURid dispute policy, the dispute policy of any Registry of the
domain name in question, 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 of any Registry of the domain name in question, 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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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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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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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, or by
participating in an auction, 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
Dot-MOBI domains are coming! Dot-MOBI domains will be available for registration
in two stages: (1) during a sunrise period in which only those applicants who
can prove certain rights are eligible to register a dot-MOBI domain; and (2)
the landrush period open to all applicants who meet the dot-MOBI requirements
(as defined by .MOBI). Pool.com accepts orders for registration of dot-MOBI
domains in the landrush period only.
You agree that the Registry is entitled to transfer the data contained in your
.MOBI domain application to third parties (i) if ordered to do so by a public
authority, carrying out its legitimate tasks; (ii) upon demand of an ADR
provider; and (iii) to comply with the .MOBI Domain Name WHOIS Policy.
After you have successfully ordered a dot-MOBI domain through Pool.com, we will
attempt to secure that domain if it subsequently becomes available for
registration during the landrush period.
There is no initial fee for placing an order in the landrush period 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 dot-MOBI orders including
those ordered for the landrush period and other services are stated in our
FAQs
Pool.com does not provide registration services and acts only as the
intermediary between you and a .MOBI accredited registrar. The actual
registration of a .MOBI domain occurs through one of the .MOBI accredited
registrars within our network. As a result, successful domain registrations may
end up at any of our .MOBI accredited registrar partners. Subject to registry
and/or registrar requirements, you may subsequently transfer any dot-MOBI
domain to a registrar of your choice. You must carefully review the terms and
conditions of the registrar that might successfully acquire each of your
domains, which are incorporated herein by reference, as you will be required to
complete a Registration Agreement directly with that Registrar in accordance
with .MOBI Rules and Regulations. In addition, the terms and conditions
published by the registry (.MOBI) as applicable to registrants are also
incorporated herein by reference.
It is your responsibility to ensure you meet any and all requirements for
registration of a dot-MOBI domain name. All .MOBI orders will be submitted to
our registrar partners within our accredited network prior to the commencement
of the landrush period.Please note that the relevant time for your application
will not be the time your order is submitted with Pool.com, but when your order
is passed on to our network of accredited registrars. This allows us to
maximize your chances of securing the domain which you have ordered.
Successful dot-MOBI orders will be registered at the registry for a two-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.
During the landrush period, Pool.com will use its commercially reasonable
efforts to register a landrush dot-MOBI order 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 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 dot-MOBI
order, 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 above for
more information on auctions.
Unless otherwise specified by you, Pool.com will point all acquired dot-MOBI
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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Dot-eu domains are coming! Dot-eu domains will be available for registration in
two stages: (1) during a sunrise period in which only those applicants who can
prove certain rights (as defined by EURid) are eligible to register a dot-eu
domain; and (2) the landrush period open to all applicants who meet the dot-eu
presence requirements (as defined by EURid). Pool.com accepts orders for
registration of dot-eu domains in both the landrush and sunrise periods.
You agree that the Registry is entitled to transfer the data contained in your
EU domain application to third parties (i) if ordered to do so by a public
authority, carrying out its legitimate tasks; and (ii) upon demand of an ADR
Provider as mentioned in Section 16 of the Terms and Conditions which are
published at www.eurid.eu; and (iii) as
provided in Section 2 (WHOIS look-up facility) of the .eu Domain Name WHOIS
Policy which is published at www.eurid.eu.
After you have successfully ordered a dot-eu domain through Pool.com, we will
attempt to secure that domain if it subsequently becomes available for
registration during the sunrise or landrush period as applicable.
There is no initial fee for placing an order in the landrush period 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. Orders for registration during the sunrise period are
subject to an administrative fee. Current fees for successful dot-eu orders
including those ordered for the sunrise period and other services are stated in
our FAQs.
Pool.com does not provide registration services and acts only as the
intermediary between you and a .eu accredited registrar. The actual
registration of a .eu domain occurs through one of the .eu accredited
registrars within our network. As a result, successful domain registrations may
end up at any of our .eu accredited registrar partners. Subject to registry
and/or registrar requirements (usually a 60 day wait period), you may
subsequently transfer any dot-eu domain to a registrar of your choice. You must
carefully review the terms and conditions of the registrar that might
successfully acquire each of your domains, which are incorporated herein by
reference, as you will be required to complete a Registration Agreement
directly with that Registrar in accordance with EURid Rules and Regulations. In
addition, the terms and conditions published by the registry (EURid) as
applicable to registrants are also incorporated herein by reference (see:http://www.eurid.eu/en/shared/documents/file_folder.2005-10-25.5121442941/terms_and_conditions_en.pdf)
It is your responsibility to ensure you meet any and all requirements for
registration of a dot-eu domain name, including any presence requirements. All
.eu orders will be submitted to our registrar partners within our accredited
network prior to the commencement of the sunrise or landrush period (as
applicable). The .eu registry requires .eu accredited registrars to submit
orders for .eu registration in the order that they are received. Please note
that the relevant time for your application will not be the time your order is
submitted with Pool.com, but when your order is passed on to our network of
accredited registrars. This allows us to maximize your chances of securing the
domain which you have ordered.
Successful dot-eu orders 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.
During the sunrise period, Pool.com will use its commercially reasonable
efforts to register a sunrise dot-eu order on your behalf through one of our
registrar partners. However, we do not guarantee the successful acquisition or
registration of any domain. Dot-eu domain orders are processed electronically
by EURid and will be allotted on a first-come first served basis. In the event
your order is ranked first by the EURid, you will be required to complete the
domain validation process as defined by the EURid prior to acquiring rights to
the domain and it is your responsibility to ensure you meet the requirements of
the validation process as defined by EURid.
During the landrush period, Pool.com will use its commercially reasonable
efforts to register a landrush dot-eu order 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 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 dot-eu
order, 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 above for
more information on auctions.
Unless otherwise specified by you, Pool.com will point all acquired dot-eu
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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To participate in a dot-ASIA auction, you must first submit your domain
application to the dot-ASIA Registry through an accredited dot-ASIA Registrar.
Pool.com does not accept backorders for dot-ASIA domains. When and if your
domain application is accepted by the Registry, Pool.com will provide a user
account based on the email address you provided to the Registry for your OPN
(Operations and Notification) contact. If no such email contact was provided,
your account will be established using the email address of the Registrant
specified in the domain application.
Depending on the type of Registrar you have selected to submit your application
through, billing you for a successful auction will be completed by either your
Registrar or by Pool.com directly. You are responsible to consult your
Registrar to determine if you will be billed directly by them or by Pool.com.
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 account should be kept in full
confidence as any bids submitted under this login will be your responsibility.
For bids submitted on your behalf by a third party, for example your Registrar,
the third party will be held jointly and severally responsible for the bid
amount and they will collect the auction fees from you directly.
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 dot-ASIA domain registrations will be charged to you by the
Registrar of record through which you submitted your domain application.
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 for a single day.
It is your responsibility to ensure you meet any and all requirements for
registration of a dot-ASIA domain name, including any presence requirements.
All dot-ASIA orders will be submitted to our registrar partners within our
accredited network. You acknowledge that the Registry may in its discretion
require Pool.com to re-open any auction.
For the purposes of this section 3 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 DotAsia.Pool.com”
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Last Modified March 27, 2008.