Auction Agreement


Futura Domains Auction Agreement:

Last Revised: November 15, 2017

1. OVERVIEW

This Futura Domains Auction Agreement (this “Agreement”) is entered into by and between Futura Domains and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Futura Domains’ Auction services (“Futura Domains Auctions” or the “Services”).

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Futura Domains’ Terms and Conditions Agreement, which is incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Futura Domains. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Futura Domains, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Futura Domains website (this “Site”). You acknowledge and agree that (i) Futura Domains may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Futura Domains may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. Futura Domains assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

2. DESCRIPTION OF SERVICES

The Services are provided to facilitate the buying and selling of currently registered domain names only, and not the purchase or sale of associated website content. Futura Domains provides a venue and a transaction facilitation process. Futura Domains is not an auctioneer or an escrow agent. Although the process occurs in an “auction-style” format, Futura Domains is not the owner of the domain names listed on the website. As result, Futura Domains has no control over the quality, safety or legality of the domain names listed. Domain names listed may be withdrawn at any time by Seller (only if Reserve Price has not been met or Buy It Now has not been selected by a Buyer) or by Futura Domains.

You acknowledge and agree that if you engage in a transaction with an auction selling price or a domain Buy It Now (BIN) transaction of five thousand dollars ($5,000.00) or more, your transaction may be handled by third-party escrow service, Escrow.com. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by Escrow.com’s General Escrow Instructions, https://www.escrow.com/escrow-101/general-escrow-instructions , which are incorporated herein by reference. In addition, you acknowledge and agree that Futura Domains may disclose personally identifiable information to Escrow.com for the sole purpose of facilitating the transaction.

You acknowledge and agree that if you engage in a transaction with an auction selling price or a domain Buy It Now transaction of less than five thousand dollars ($5,000.00), your transaction will be handled by Futura Domains’ Transaction Process. The Futura Domains Transaction Process means Futura Domains will remit payment of the purchase price, less the applicable commission and fees, to the Seller approximately 10-20 days after receiving funds from the Buyer, except in the event of a dispute or where the payment is suspected to be fraudulent. By using Futura Domains’ Transaction Process, you authorize Futura Domains to perform tasks on your behalf in order to complete the transaction.

Futura Domains will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge and agree that Futura Domains is not a bank, and the Futura Domains Transaction Process is a payment processing service rather than a banking service. You further acknowledge and agree that Futura Domains is not acting as a trustee, fiduciary, or escrow agent with respect to your funds.

Futura Domains is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by the Buyer or Seller or failure of the Buyer or Seller to complete the transaction. Buyer does not obtain any rights in the registration of a domain name until completion of the transaction.

You acknowledge and agree that we may, in our sole discretion, extend the length of the auction if bids are submitted in the final moments of the auction, to allow potential buyers the opportunity to bid prior to the end of the auction.

We reserve the right to screen domain names prior to listing and we may exclude, in our sole discretion, any domain name for any reason, including, but not limited to: a) violation of this Agreement or the Universal Terms of Service; or b) infringement, or potential infringement, of a third party intellectual property right; or c) inappropriate or vulgar language.

3. YOUR OBLIGATIONS (Seller and Buyer)

You agree to thoroughly, accurately and honestly complete all forms and requests for information provided by Futura Domains throughout the process. You agree Futura Domains will not be responsible for any false or misleading information you provide, whether intentionally or unintentionally.

You agree to notify Futura Domains within five (5) business days when any of the information you provided as part of the listing/buying process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Futura Domains with accurate and reliable information on an initial and continual basis, shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Futura Domains to determine the validity of information provided by you, shall also be considered a material breach of this Agreement.

4. Provisions specific to selling/listing domain names

You may use the Services to list domain names to which you have ownership rights for sale and are able to transfer in accordance with your obligations under this Agreement. By using the Services for such purposes, you represent and warrant that:
1. You have all rights, titles and interests in the domain name necessary to complete the transaction;
2. You have the ability to transfer the domain name free and clear of any obligations, liabilities, liens or encumbrances;
3. The domain name does not infringe on the intellectual property rights of anyone else; and
4. You have the right to transfer the domain name in accordance with your obligations under this Agreement.

You further agree the domain name is not currently or will not in the foreseeable future be associated with a Uniform Dispute Resolution Policy dispute or other such litigation. In the event you are unable to comply or fail to comply with your obligations under this Agreement, Futura Domains expressly reserves the right to de-list any or all of your domain names immediately upon Futura Domains becoming aware of your failure to comply.

You may list your domain name for any duration offered on the site. You agree to pay the listing fee associated with the duration period you choose at the time of the listing. You may choose to supplement the listing with various additional services such as Featured Listing, Visitor Counter, or Top of Category options. By using the additional services, you agree to pay any additional charges that Futura Domains may associate with the additional services. Futura Domains reserves the right to modify its pricing structure at any time. If you find a Buyer using the Services, the transaction must be completed within the Services. For each transaction completed within the Services, you agree to pay Futura Domains a transaction fee according to the published fee schedule. Such transaction fee will be payable directly to Futura Domains unless the transaction is processed using a third-party escrow service, in which case all fees will be paid to such third-party escrow service. In addition to any transaction fees, you agree to pay (Futura Domains or the third-party escrow service, as the case may be) any intermediary or other banking fees charged by Buyer’s banking institution in connection with the transaction in question.

You agree not to sell any domain name to any Buyer found through the Services without using the Services to complete the transaction. Should Futura Domains find that you are circumventing the Services, Futura Domains reserves the right to terminate your account and cancel all of your listings.

You acknowledge and agree that country code top level domain names (“ccTLDs”) may have unique eligibility requirements. Accordingly, before you sell or list any ccTLD domain names via Futura Domains, you should review the applicable registry rules, policies, and agreements for the ccTLD in question to ensure that you are in compliance with all eligibility requirements (including those listed in the Domain Name Registration Agreement, if any) and will be able to transfer the domain name upon a successful purchase or bid on Futura Domains.

As a Seller, you are not allowed to bid on any domain names you have listed. If you bid or have someone else bid on a domain name that you have listed, your listing will be removed from the site and administration fees may be assessed per listing. Your account will be locked while we investigate you for “Inappropriate Bidding”, which is defined as the act of bidding on your own listing against other bidders, or bidding by individuals who have knowledge of or access to Seller’s item information, in order to raise the price at which your item will eventually sell. Inappropriate Bidding is strictly forbidden and Futura Domains will take all actions deemed appropriate in the event Futura Domains detects Inappropriate Bidding.

As a Seller, you are obligated to complete the transaction if Buyer commits to purchase the domain name through a fixed price, Buy It Now (BIN) format, or if Buyer meets or exceeds the minimum bid or reserve price. Should you fail to complete the transaction for any reason (including, but not limited to, failing to move the domain name to Buyer’s account if Buyer commits to purchase the domain name through a fixed price, Buy It Now format, or if Buyer meets or exceeds the minimum bid or reserve price), Futura Domains reserves the right to (i) charge you a fee and/or (ii) terminate your membership with Futura Domains (as determined by Futura Domains in it sole and absolute discretion). By receiving payments through the Services, you appoint Futura Domains as your Agent to receive and deposit funds on your behalf. If you are a domestic Member, funds equal to or over a minimum of one dollars ($1.00) received on your behalf may be paid via your PayPal® Account or via our credit card Stripe payment system. It is also your responsibility to provide Futura Domains a valid PayPal Account e-mail address or other bank e-mail address in which payments will be processed. Failure to provide valid PayPal Account information or other bank information will cause your payments to be withheld pending review by Futura Domains for security integrity. If using Paypal and the payment amount exceeds twenty thousand dollars ($20,000.00), it will be split into two PayPal payment transactions. Please refer to the PayPal account set-up requirements for your country to ensure your PayPal account has the ability to receive payments from third parties. Futura Domains will initiate the payment of proceeds approximately fourteen (14) days after receipt of Buyer’s funds.


In the event of a payment chargeback, Futura Domains will have the right to send any additional fees over the amount already collected in an invoice for payment. In the event that chargeback experience is high, as determined by Futura Domains, Futura Domains reserves the right to hold back twenty percent (20%) of all Seller’s Payments for ninety (90) days from the date the Payment was to be paid.

Seller will not release the domain name to Buyer until receipt of confirmation from Futura Domains that the funds have been verified and cleared.

5. Provisions specific to purchasing/bidding on domain names

All bids and purchases are subject to the Terms and Conditions of this Agreement.


As a Buyer, you are obligated to complete the transaction if you purchase the domain name through a fixed price, Buy It Now (BIN) format, or if you are the highest bidder at the end of an auction and your bid meets or exceeds the minimum bid or reserve price. For all Member to Member auctions, payment is due within five (5) days from the close of the listing. Should you fail to complete the transaction for any reason (including, but not limited to, failing to pay the purchase price if you purchase the domain name through a fixed price, Buy It Now format, or if you are the highest bidder at the end of an auction and your bid meets or exceeds the minimum bid or reserve price), Futura Domains reserves the right to (i) charge you a fee and/or (ii) terminate your membership with Futura Domains (as determined by Futura Domains in its sole and absolute discretion). By initiating and sending payments through the Services, you appoint Futura Domains as your agent to hold the funds on your behalf until the domain name is transferred. Once you send Futura Domains a payment, Futura Domains will hold those funds as your agent for a prescribed period of time based on the type of transaction, at which time Futura Domains will release the funds to the Seller. At no time will you be able to withdraw those funds or send the funds to another recipient unless the initial transaction is cancelled. Should Seller refuse payment, the funds, minus the administration fee as outlined in the pricing structure, will be returned to you. You agree Futura Domains is not responsible for payments refused by Seller.

As a Buyer, you are responsible for ensuring that your use of the domain name does not infringe on third-party rights or any relevant laws or regulations.

Some domain name listings may include traffic data and/or a valuation amount or other information as provided by the Seller. The Buyer must understand that any information beyond available “WhoIs” registration data cannot be verified and cannot be a cause of cancelling a purchase.

You agree not to purchase any domain name found through the Services without using the Services to complete the transaction. Should Futura Domains determine (which determination shall be made by Futura Domains in its sole and absolute discretion) that you are circumventing the Services, Futura Domains reserves the right to terminate your account and cancel all of your listings.

You acknowledge and agree that ccTLDs may have unique eligibility requirements. Accordingly, before you purchase or bid on any ccTLD via Futura Domains, you should review the applicable registry rules, policies, and agreements for the ccTLD in question to ensure that you are in compliance with all eligibility requirements (including those listed in the Domain Name Registration Agreement, if any) and will be able to accept the domain name (and subsequently re-register if you wish) upon a successful purchase or bid on Futura Domains.

Under all circumstances, a Seller is prohibited from bidding on his or her own listing. Additionally, “Shill bidding” is strictly prohibited. Shill bidding is bidding by anyone—including the Seller, family, friends, roommates, employees, or online connections—that artificially increases a domain name’s price or apparent desirability. Violations of the above policy may result in the following actions being taken by Futura Domains, including:
• Listing cancellation
• Account suspension
• Referral to Law Enforcement

Futura Domains is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by the Buyer or Seller or failure of the Buyer or Seller to complete the transaction. Buyer does not obtain any rights in the registration of a domain name until completion of the transaction.

6. Change of ownership

Futura Domains is not the owner of the domain names listed on the website and, accordingly, cannot guarantee immediate change of ownership from Seller to Buyer. To facilitate the change of registrant information associated with the listed domain names, and in accordance with ICANN’s Change of Registrant policy, Seller, at the time of listing the domain names, ensures that the domain names listed are able to be pushed or transferred. Upon a successful end of auction (bid meets or exceeds the reserve price) or purchase made through Buy It Now (BIN), Futura Domains will facilitate obtaining the information required to transfer the domain name from Seller to Buyer.

If the change of ownership from Seller to Buyer is not able to be completed (i) due to either party’s fraudulent activity or (ii) for any other reason, Buyer and Seller acknowledge and agree that Futura Domains shall have no liability or responsibility regarding the same. In all cases, the change of ownership from Seller to Buyer is done without representation or warranty of any kind (including, but not limited to, any representation or warranty that a domain name does not infringe upon the intellectual property or other rights of a third party), and Futura Domains expressly disclaims any liability or responsibility regarding the same. Please note that with most domain name registrars, a domain name may not be transferred away from one registrar to another registrar for a period of sixty (60) days following the change of ownership date.

7. Futura Domains’ rights

In addition to any and all other rights reserved by Futura Domains in this Agreement, Futura Domains expressly reserves the right in its sole discretion to:
1. Review your use of the Services for compliance with this Agreement and the Terms and Conditions, which is incorporated herein;
2. Establish limits and guidelines concerning the use of the Services;
3. Terminate your Services for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not “opted-in”); illegal access to other computers or networks (i.e., hacking); distribution of internet viruses or similar destructive activities; non-payment of fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that Futura Domains determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; and
4. Terminate your Services if your use of the Services results in, or is the subject of, legal action or threatened legal action against Futura Domains or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

Futura Domains has no obligation to monitor the Services, but reserves the right to do so. Futura Domains reserves the right to edit the descriptions and comments on listings. You acknowledge and agree that Futura Domains shall have the right to make public and share with third parties certain information in connection with the sale or purchase of domain names on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase.

8. DISPUTE POLICY

Occasionally, a dispute might arise regarding a transaction begun or completed through the Services. In such instance, you agree to be bound by Futura Domains’ Dispute Policy. Futura Domains reserves the right to modify the Dispute Policy at any time, without notice.

Filing a Dispute

To file a dispute, you must submit an email to info@www.futuradomains.com. The email must include:
• Your User Name;
• Your personal name and contact information;
• The order number associated with the transaction;
• The domain name over which the dispute arises; and
• A detailed account of the dispute.

Such email must be received within five (5) days from the sale date.

Once a dispute has been received, Futura Domains will place the transaction into a “Hold” status while it investigates the dispute. Futura Domains reserves the right, in its sole discretion, to close any dispute it deems invalid or resolved. After investigation, Futura Domains will notify Buyer and Seller of the outcome of the investigation and complete or terminate the transaction as Futura Domains, in its sole discretion, deems appropriate.

Futura Domains reserves the right to charge an administration fee to cover the costs associated with investigation of a dispute. As such, you agree Futura Domains may charge an Administration fee to the Payment Method it has on file for you if a dispute is filed involving a domain name which you have listed or purchased through the Services. Should Futura Domains receive multiple complaints regarding transactions in which you are involved, Futura Domains, in its sole discretion, may cancel your account and terminate all listings you have.

In the event you have a dispute with one (1) or more members, you release Futura Domains, its affiliates, officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such dispute.

9. REMEDIES AND RIGHT TO CANCEL

Without limiting other remedies, if:
1. You breach this Agreement or any document incorporated by reference;
2. Futura Domains determines your actions may pose a risk to Futura Domains or its members; or
3. Futura Domains determines your use of the Services infringes on the intellectual property or legal rights of others.

Futura Domains may immediately:
• Warn its members of your actions;
• Place a hold on any pending transactions associated with your account(s);
• Limit funding sources and Payments;
• Limit your access to your account(s) or to any functionality of your account(s); or
• Indefinitely suspend or close your account(s) and refuse to provide our Services to you.

In addition, Futura Domains reserves the right to hold funds beyond normal distribution periods for transactions it deems suspicious or for account(s) conducting high transaction volumes to ensure integrity of the funds. If Futura Domains closes your account(s), Futura Domains will provide notice and pay you all of the unrestricted funds in your account(s) due to you.

Also, where in Futura Domains’ estimation, it believes you owe it money for any reason, Futura Domains reserves the right to offset any payments into your Account until Futura Domains is made whole.