Auction Buyer's Terms and Conditions

1. The Auction Buyer's Terms and Conditions outlines the terms by which an auction buyer, an User (specifically "Auction Buyer") may participate in any auction, related auction services or portion thereof ("Auction") of domain names conducted by PremiumSale. By registering for an account on PremiumSale, the Auction Buyer expressly acknowledges that they have read, understood and accept the Auction Buyer's Terms and Conditions.

2. Term - The Auction Buyer's Terms and Conditions commences upon Auction Buyer's express acceptance of the Auction Buyer's Terms and Conditions at account registeration. The Agreement terminates when PremiumSale has delivered to the Auction Buyer all domains purchased by Auction Buyer at Auction and when Auction Buyer's account has been deleted from PremiumSale voluntarily or involuntarily.

3. Payments - A domain name purchased, when an Auction Buyer successfully wins (Auction Buyer who places the highest official bid) at the end of an Auction, must be paid for in full within 7 business days of the close of the Auction. Payment must be remitted via wire transfer or PayPal. PremiumSale reserves the right to accept payment in any form other than those listed at PremiumSale' sole discretion.

4. Confidentiality - PremiumSale does not share any personally identifying information about Auction Buyers unless legally required by law enforcement or the courts. PremiumSale reserves the right to share Auction Buyer's bid alias and bidding behavior as well as auction domain names and the the final auction price.

5. PremiumSale Responsibilities:

   1. Prepare and conduct Auctions for domain names, as well as, allocate won domain names to the highest qualified bidder at conclusion of an Auction. A qualified bidder is a registered account holder at PremiumSale who in PremiumSale' sole discretion is determined to be able to fully comply with this Agreement in its entirety.
   2. Assist the highest qualified bidder in the payment of the won domain name (the "Domain").
   3. If the Domain is registered at a registrar controlled by PremiumSale, PremiumSale will provide Auction Buyer with all reasonable assistance to manage the Domain.
   4. When payment is recieved in full, PremiumSale will promptly provide control or access to control the Domain to Auction Buyer.
   5. Proactively and aggressively work to prevent and/or contain any fraudulent activity related to the Auction.
   6. Refrain all employees and agents of PremiumSale from bidding on domain names.

6. Auction Buyer Responsibilities:

   1. Upon registering for an account, the Auction Buyer affirms that they understand and agree that any subsequent participation and specifically bids entered and confirmed in an Auction is a binding agreement to purchase the domain name at the price of the confirmed bid, furthermore, the Auction Buyer agrees to be bound by their confirmed bid and its price.
   2. Upon winning a Domain, Auction Buyer will pay the full purchase price to PremiumSale within three business days in a manner prescribed by PremiumSale.
   3. Auction Buyer understands and accepts that failing to pay for a winning auction within 14 days of an auction's close date will render the respective auction void and all auction items forfeit.
   4. Affirm that at the time of placing any bid in any Auction, that the Auction Buyer has sufficient resources available at their disposal to make full payment for any bidding bid the Auction Buyer makes.
   5. Agents given permission by an Auction Buyer to act thier behalf, the Auction Buyer agrees to take full responsibility of all binding bids made by the agent, as well as, accepts that an agent is the same as the Auction Buyer meaning that the agent bound by all terms contained in this Agreement is the same as the Auction Buyer bound by all terms contained in this Agreement, knowing that a breach of this Agreement by the Auction Buyer's agent will be considered a breach by the Auction Buyer.

7. Warranties; Disclaimer of Warranties:

   1. PremiumSale warrants with respect to itself only that:
      1. It has the legal power and authority to enter into this Agreement;
      2. It will perform its obligations under this Agreement in a timely manner, in good faith and with all due skill and care;
      3. Its performance under this Agreement shall comply with all applicable laws, regulation and policy.
   2. Auction Buyer warrants with respect to itself only that:
      1. It has the legal power and authority to enter into this Agreement;
      2. It will perform its obligations under this Agreement in a timely manner, in good faith and with all due skill and care;
      3. To its knowledge, no action or relationship described or contemplated by this Agreement (including Auction Buyer's ownership of a domain name purchased at the Auction) infringes, or will cause to be infringed, the intellectual property rights of any third person; and
      4. Its performance under this Agreement shall comply with all applicable laws, regulation and policy.

   OTHER THAN THE EXPRESS WARRANTIES ABOVE, THE PARTIES ACKNOWLEDGE THE ADVANCED AND SPECULATIVE NATURE OF DOMAIN NAME SALES AND AUCTIONS AND UNDERSTAND THAT NO GUARANTEES OR WARRANTIES CAN BE MADE OR EXPECTED WITH RESPECT TO SUCH CONCEPT OR THE SERVICES CONTEMPLATED HEREIN. EACH PARTY THEREFORE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR THE PARTICULAR PURPOSE, AND EACH PARTY AGREES THAT THERE ARE NO WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. IN PARTICULAR, NEITHER PARTY WARRANTS THAT THE PERFORMANCE OF THEIR PORTION OF THE AGREEMENT WILL BE UNINTERRUPTED OR ERROR-FREE.

8. Indemnification:

   1. Auction Buyer agrees to indemnify, defend and hold harmless PremiunSales and its subsidiaries, officers, directors, employees, agents, successors and assigns, at its expense, from any and all third party claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys' fees and expenses, arising from or related to any breach of a warranty or failure to perform any covenants required of it under this Agreement.
   2. Procedure. The indemnified party will provide the indemnifying party with prompt and reasonable notice of the claim, allow the indemnifying party to conduct the defense or settlement of such a claim at the indemnifying party's sole expense and discretion, and provide reasonable cooperation with the indemnifying party in such defense or settlement; provided, however, that the indemnifying party will not settle any claim in a manner that does not unconditionally release the indemnified party or without obtaining the indemnified party's prior written consent, which consent will not be unreasonably withheld or delayed. The indemnified party will have the right to retain counsel of its own choosing and at is own expense.

9. Limitation of Liability:

   IN NO EVENT WILL EITHER PARTY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS, REVENUE OR PROFITS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S MAXIMUM LIABILITY TO THE OTHER UNDER THIS CONTRACT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY, WILL BE THE RECOVERY OF ACTUAL, DIRECT DAMAGES UP TO A TOTAL OF THE WINNING BID AMOUNTS WITH RESPECT TO THE DOMAIN NAME(S) AT ISSUE.

10. Governing Law, Courts:

    This Agreement will be governed by the laws of the United Kingdom, without reference to conflict of laws principles. The parties agree that jurisdiction and courts for any action arising out of or pertaining to this License will be proper only in the courts located in the United Kingdom.

11. Modifications:

    All amendments or modifications of this Agreement will be binding upon the parties despite any lack of consideration so long as the same are expressly agreed to by Auction Buyer and PremiumSale. It is expressly agreed that no usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement or alter in any manner the express terms of this Agreement.

12. Notice:

    Method - Any notice or other communication between the Parties required or permitted under this Agreement will be in writing and will be delivered by hand, sent by first class mail (postage prepaid), sent by commercial courier, or transmitted by electronic mail or facsimile to a Party at the registered office, in the case of PremiumSale, and the contact information provided on the website www.PremiumSale.com, in the case of Auction Buyer, or to such other contact information as the applicable Party may notify to the other Party.

    Effectiveness - Any notice or other communication sent will:

    1. if delivered by hand, be deemed to have been received on the date of delivery;
    2. if sent by first class mail, be deemed to have been received on the third business day following the date of mailing; and
    3. if sent by electronic mail or facsimile, be deemed to have been received on the date the sender transmitted the notice or other communication.

13. Miscellaneous:

    The parties are independent contractors and do not intend to create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. This Agreement constitutes the entire understanding between the parties relating to the subject matter of this Agreement and supersedes all prior writings, negotiations or understandings with respect thereto. No modification or addition to this Agreement will have any effect except as set forth in Section Notice.