Terms and Conditions

1. Introduction

Thank you for choosing FUTURADOMAINS.COM (“FUTURADOMAINS.COM”, “we”, “us”, “our”). By signing up or otherwise using the FUTURADOMAINS.COM service, websites, and software applications (together, the “FUTURADOMAINS.COM Service”or “Service”), or accessing any content or material that is made available by FUTURADOMAINS.COM through the Service (the “Content”) you are entering into a binding contract with the FUTURADOMAINS.COM entity.

The FUTURADOMAINS.COM Service includes DOMAIN NAME buying and selling opportunities and requires acceptance of all Terms, including the AUCTION AGREEMENT.

Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our PRIVACY POLICY. (The Terms, Privacy Policy, Auction Agreement and any additional terms that you agree to, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on FUTURADOMAINS.COM’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the FUTURADOMAINS.COM Service or consume any Content.

Please read the Agreements carefully. They cover important information about FUTURADOMAINS.COM Services provided to you and any fees we charge you. The Agreements include information about FUTURE CHANGES TO THE AGREEMENTS, AUTOMATIC RENEWALS, LIMITATION OF LIABILITY, PRIVACY INFORMATION, COPYRIGHTS, CLASS ACTION WAIVER
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.

In order to use the FUTURADOMAINS.COM Service and access the Content, you need to (1) be 18 years old or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also guarantee that any registration information that you submit to FUTURADOMAINS.COM is true, accurate, and complete, and you agree to keep it that way at all times.

2. Description of Service

The “Service(s)” means (a) Futura Domains’ website –at www.futuradomains.com, and any other services which relate to domain name buying and selling through our platform. The Service does not include your data (as defined below). Futura Domains reserves the right to modify or discontinue the Service or any functionality or feature thereof, at any time and without notice to you. All rights to the Service and its components (including intellectual property rights) will remain with and belong exclusively to Futura Domains.

The Site, Application and Services are intended to facilitate the buying and selling of domain names. Such domain names are included in listings on the Futura Domains website. You need to create a Futura Domains account in order to bid on or buy domain names, or to list your own domain name for sale.

As stated above, Futura Domains makes available an online platform or marketplace with related technology for domain name Buyers and Sellers to meet online and through auction or “Buy It Now” (BIN) amount, arrive at an agreed price on which the domain name is to be transferred from Seller to Buyer. Futura Domains is not an owner or registrant of any of these domain names, unless specifically listed as such. Unless explicitly specified otherwise on the Futura Domains platform, Futura Domains’ responsibilities are limited to: (a) ensuring the website is available, and, (b) serving as the Limited Payment Collection Agent of each Seller, and accepting payment on behalf of each Buyer.

PLEASE NOTE THAT FUTURA DOMAINS FACILITATES BUYERS TO BID ON LISTED DOMAIN NAMES, AND SELLERS TO LIST THEIR REGISTERED DOMAIN NAMES. FUTURA DOMAINS DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND DOES NOT SCREEN OR VET THE PEOPLE SELLING DOMAIN NAMES THROUGH ITS PLATFORM, NOR DOES IT HAVE ANY RESPONSIBILITY FOR THE SUITABILITY OR RIGHT-TO-SELL OF ANY DOMAIN NAME. FUTURA DOMAINS IS IN NO WAY RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY RELATED TO, ANY DOMAIN NAMES LISTED ON ITS WEBSITE. AS SUCH, ANY BIDS YOU MAKE OR LISTINGS YOU SUBMIT THROUGH THE FUTURA DOMAINS WEBSITE WILL BE MADE AT YOUR OWN RISK. IF YOU DO NOT FULLY AGREE AND ACKNOWLEDGE THIS CONDITION, PLEASE DO NOT USE FUTURA DOMAINS.

Appointment of Futura Domains as Limited Payment Collection Agent for Seller

Each Seller hereby appoints Futura Domains as the Seller’s limited payment collection agent solely for the purpose of accepting the sales payments from Buyers.

Each Seller agrees that a payment made by a Buyer through Futura Domains shall be considered the same as a payment made directly to the Seller, and the Seller will transfer or push the domain name to the Buyer in the agreed-upon manner as if the Seller has received the Sale Payment directly. As a Seller you understand that as Futura Domains accepts payments from Buyers as the Seller’s limited payment collection agent and that Futura Domains’ obligation to pay the Seller is subject to and conditional upon successful receipt of the associated payments from Buyers. FOR THE AVOIDANCE OF DOUBT, FUTURA DOMAINS DOES NOT GUARANTEE PAYMENTS TO SELLERS FOR AMOUNTS THAT HAVE NOT BEEN SUCCESSFULLY RECEIVED BY FUTURA DOMAINS FROM BUYERS. BY YOUR ACCEPTING OF FUTURA DOMAINS’ APPOINTMENT AS THE LIMITED AUTHORIZED AGENT OF THE SELLER, YOU ACCEPT THAT FUTURA DOMAINS ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE SELLER.

Commission

In consideration for the use of the Futura Domains Service, Futura Domains charges a Service Commission on the sales price. When applicable, additional bank fees may apply. Futura Domains deducts its Commission and any applicable bank fees before remitting the balance to the Seller, as described in these Terms of Service. All such fees are, as noted above, included in the Total Fee.

Futura Domains will remit balances to a Seller via PayPal (or other agreed-to method), in the denominations of United States dollars (USD) as shown on the Futura Domains website. Amounts may be rounded up or down as described in the “Rounding Off” section below.

Please note that Futura Domains reserves the right to deduct in full any foreign currency processing costs and credit card transaction fees on or from any payments or payouts by Futura Domains. Unless otherwise stated by Futura Domains, the Service Commission and any other Processing Fees are non-refundable.

General Listing and Financial Terms

Cancellations and Refunds
As a User of the Futura Domains Service, as a Seller, if you cancel your listing for a domain name before the domain name listing has a bid that has met the Seller’s Reserve Price, Futura Domains will cancel the auction but you will not be paid a refund on the Listing Fee. Auctions that have bids that meet or exceed the Reserve Price cannot be cancelled by the Seller.

If a Buyer cancels or does not complete a domain name sale via Futura Domains, we will refund the full Listing Fee to the applicable Seller within a commercially reasonable time of the cancellation or failure of the Buyer to respond. Futura Domains will send notification of any non-completed domain name sale within 24 hours via email or through the Futura Domains website, but you acknowledge that Futura Domains is in no way liable for the non-arrival—for example, due to email Spam filters—of such notification, nor is Futura Domains responsible for any future profits a completed domain name sale may have.

As a Seller, if you do not complete the domain name transfer of a completed, successful auction or BIN, you acknowledge that Futura Domains reserves the right to apply penalties to you or your listing. These may include, but are not limited to (a) notifying the Futura Domains community that you cancelled a sale (b) keeping the Seller’s Listing Fee, and/or (c) imposing a cancellation fee (to be invoiced or withheld from any future payouts). Futura Domains can notify you of these conditions if you communicate with Futura Domains, before you take the decision to cancel a domain name sale. If the Seller does not respond to Futura Domains communications regarding completing a successful auction, the Seller’s account could be suspended or banned, and if Futura Domains deems the Seller has created a new User account under a different name, deduct any cancellation fees from that account at Futura Domains’ discretion.

Futura Domains may decide, in certain extenuating circumstances, and at its sole discretion, that it is necessary or desirable to cancel a domain name auction on the Futura Domains platform. You agree, as a Buyer or a Seller, to indemnify Futura Domains against any such cancellations. You also acknowledge that, in certain circumstances, Futura Domains will not be able to provide details as to why a particular domain name auction was suddenly cancelled.

If a Buyer does not complete payment for a successful completed auction or BIN or Futura Domains deems it necessary to cancel a domain name auction, Futura Domains will issue a refund to the Seller in accordance with the User Refund Policy or a free re-listing of the auction, If the Buyer does not respond to Futura Domains communications regarding completing a successful auction, the Buyer’s account could be suspended or banned, and if Futura Domains deems the Buyer has created a new User account under a different name, deduct any cancellation fees from that account at Futura Domains’ discretion.

IF YOU DO NOT AGREE WITH THESE CONDITIONS, PLEASE DO NOT USE FUTURA DOMAINS.

Rounding Off

Futura Domains may, at its sole discretion, round up or round down amounts that are payable to Buyers or Sellers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest cent) when fees are calculated on a % basis; for example, Futura Domains will round up an amount of 10,685 to either 10.68 or 10.69.

Taxes

Futura Domains will not assess or collect taxes on domain name sales. As a Seller, you acknowledge that you may be required to pay tax on any income derived from selling your domain names through Futura Domains. You understand that you are solely responsible for keeping the information in your tax forms current, complete and accurate.

Please note that your payment company (for example, Paypal or your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the United States Dollars used on Futura Domains. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Futura Domains and, as such, you agree that Futura Domains has no responsibility for them.

Privacy

You agree that Futura Domains’ Privacy Policy, as listed on the Futura Domains website, governs Futura Domains’ use of the data you provide us.

Ownership

The Futura Domains website, logo and collective content are protected by copyright, trademark, and other laws of the United States of America and foreign countries. You acknowledge that the aforementioned are the exclusive property of Futura Domains and its licensors. As such, you must not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated on the Futura Domains website.

Links

The Futura Domains website may contain links to third-party websites or resources. You acknowledge and agree that Futura Domains is not responsible or liable for either the availability of these links, or the content which resides on the pages they point to, nor do links on the Futura Domains website constitute an endorsement by Futura Domains.

Some portions of the Futura Domains platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Futura Domains used herein are trademarks or registered trademarks of Futura Domains. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Copyright Policy

Futura Domains respects copyright law and expects its users to do the same. It is Futura Domains’ policy to terminate in appropriate circumstances the Futura Domains Accounts of Users who repeatedly infringe the rights of copyright holders. You acknowledge that Futura Domains and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or remove any content that you place on the Futura Domains website.

Suspension, Termination and Futura Domains Account Cancellation

Futura Domains reserves the right, at its sole discretion and without prior notice, to suspend, deactivate or cancel your Futura Domains account at any time. In the event that Futura Domains terminates your account, any or all of the following may occur: (a) we may communicate to any Users associated with your account, to notify them of the cancellation of your account, if necessary; (b) we may refund Users associated with your account for any domain name listing fees or sales payments as applicable; (c) any additional domain name auctions associated with your account will immediately be cancelled; (d) you will not be entitled to a refund of any paid fees associated with your account.

You may cancel your account at any time via the ‘Cancel Account’ link on your Futura Domains My Account page, or by sending us an email; and you acknowledge that Futura Domains has no obligation to delete or return to you any content you may have posted on the Futura Domains website.

Disclaimers

a. IF YOU CHOOSE TO USE THE FUTURA DOMAINS WEBSITE, YOU DO SO AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT FUTURA DOMAINS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY BUYER OR SELLER USING THE PLATFORM.
b. YOU ALONE ARE RESPONSIBLE FOR ANY INTERACTIONS AND COMMUNICATIONS WITH OTHER BUYERS OR SELLERS ON THE FUTURA DOMAINS WEBSITE, AND YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ANY INTERACTIONS — BE THEY ONLINE OR IN PERSON – WITH OTHER BUYERS OR SELLERS.
c. YOU UNDERSTAND THAT FUTURA DOMAINS MAKES NO ATTEMPT TO VERIFY THE STATEMENTS OF ANY BUYERS OR SELLERS ON THE FUTURA DOMAINS WEBSITE.
d. YOU ACKNOWLEDGE THAT FUTURA DOMAINS IS IN NO WAY RESPONSIBLE FOR THE AVAILABILITY OF A DOMAIN NAME, OR FOR THE CONDUCT OF BUYERS OR SELLERS DURING THE AUCTION PROCESS.
e. YOU ACKNOWLEDGE THAT FUTURA DOMAINS MAKES NO ATTEMPT TO VERIFY THE VERACITY OF STATEMENTS AND CLAIMS MADE BY USERS ON THE FUTURA DOMAINS PLATFORM.
f. NOTWITHSTANDING FUTURA DOMAINS’ APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT FOR THE PURPOSE OF ACCEPTING AND REMITTING PAYMENTS, FUTURA DOMAINS DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
g. YOU ACKNOWLEDGE THAT, UNLESS STATED OTHERWISE IN THESE TERMS OF SERVICE, ONCE FUTURA DOMAINS HAS RELEASED PAYMENT TO THE SELLER AND HAS COMMUNICATED THIS CONFIRMATION TO BOTH PARTIES, IT HAS NO FURTHER OBLIGATION TO THE BUYER OR TO THE SELLER IN RELATION TO THE ASSOCIATED DOMAIN NAME.
h. FUTURA DOMAINS MAKES NO WARRANTY THAT ITS WEBSITE OR MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS REGARDING THE QUALITY OF THE SERVICE OR THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY CONTENT YOU OBTAIN THROUGH THE FUTURA DOMAINS WEBSITE.

Limitation of Liability

YOU AGREE THAT FUTURA DOMAINS WILL NOT BE IN ANY WAY LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, OR FOR ANY COSTS YOU INCUR BY USING THE SERVICE. YOU ALSO AGREE TO INDEMNIFY FUTURA DOMAINS FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY. IN NO EVENT WILL FUTURA DOMAINS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR ASSOCIATED DAMAGES WHATSOEVER ARISING OUT OF ERRORS, MISTAKES OR INACCURACIES ON THE FUTURA DOMAINS WEBSITE. YOU ALSO AGREE TO INDEMNIFY FUTURA DOMAINS AGAINST ANY LIABILITY REGARDING ANY DOMAIN NAMES, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FUTURA DOMAINS SERVICE. BY USING THE SERVICE, YOU ALSO AGREE THAT FUTURA DOMAINS CANNOT BE HELD RESPONSIBLE FOR ANY INTERRUPTION OR CESSATION OF ITS SERVICE, OR FOR ANY FINANCIAL OR OTHER LOSSES THAT YOU MIGHT INCUR AS A RESULT OF YOUR INABILITY TO ACCESS THE FUTURA DOMAINS WEBSITE. FUTURA DOMAINS CANNOT BE HELD RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO THE FUTURA DOMAINS WEBSITE, NOR FOR ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED THROUGH THE FUTURA DOMAINS WEBSITE. YOU ACCEPT THAT NO CLAIM MAY BE BROUGHT AGAINST FUTURA DOMAINS IN RELATION TO THIS AGREEMENT MORE THAN TWENTY-EIGHT DAYS FOLLOWING THE DOMAIN NAME AUCTION WHICH RELATES TO THE CLAIM. FUTURA DOMAINS WILL IN NO WAY BE HELD RESPONSIBLE IN THE EVENT OF A CLAIM BY A USER AGAINST YOU. FOR THE AVOIDANCE OF DOUBT, IF A USER OR OTHER PARTY MAKES A CLAIM AGAINST YOU RELATING IN ANY WAY TO YOUR USE OF FUTURA DOMAINS’ SERVICE, FUTURA DOMAINS WILL NOT BE REQUIRED TO RETURN ANY MONEY TO EITHER YOU OR ANOTHER USER OR PARTY, AS IT RELATES TO THE DOMAIN NAME IN QUESTION, NOR WILL IT BE REQUIRED TO PAY ANY ATTORNEYS FEES, ACCOUNTANTS FEES OR ANY OTHER LEGAL FEES WHATSOEVER. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU ALSO AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, THAT THE ENTIRE RISK OF YOUR USING THE FUTURA DOMAINS SERVICE REMAINS WITH YOU, AND THAT FUTURA DOMAINS CAN IN NO WAY BE HELD LIABLE FOR ANY DAMAGES, LOSSES, INJURIES OR EMOTIONAL STRESS THAT ARE IN ANY WAY RELATED TO YOUR USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, FUTURA DOMAINS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU DO NOT AGREE WITH, OR ARE UNCLEAR ABOUT, ANY OF THESE LIMITATIONS OF LIABILITY, YOU MUST NOT USE THE FUTURA DOMAINS SERVICE.

Indemnification

You agree to release, defend, indemnify, and hold Futura Domains and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Futura Domains website.

Reporting Misconduct

If you deem that a User with whom you have interacted on the Futura Domains website has not behaved in an appropriate manner you should immediately notify Futura Domains of your concerns. If you deem that the conduct of said User is reckless, racially abusive, illegal or otherwise strongly objectionable, you acknowledge that it is incumbent upon you to notify the relevant authorities – in most cases this will be your local police authorities.

Controlling Law and Jurisdiction

This Agreement shall all be governed and construed in accordance with the laws of the Commonwealth of Massachusetts in the United States of America, applicable to agreements made and to be performed in Massachusetts. You agree that any legal action or proceeding between Futura Domains and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. Any cause of action or claim you may have with respect to Futura Domains must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Futura Domains’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Futura Domains. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Futura Domains may assign its rights and duties under this Agreement to any party at any time without notice to you.


The following documents are incorporated by reference:

Auction Agreement
Getting Started
Auction Rules
Privacy
Security