Domain Marketplace Agreement
Domain Marketplace Agreement
1. Introduction
This WTI Domain Marketplace Agreement (this “Agreement”) is
entered into by and between WTI, LLC (“WTI”) and you, and is made effective
upon the date of your electronic acceptance. This Agreement sets forth the
terms and conditions of your use of WTI’s Domain Marketplace Service
(“Marketplace Service” or the “Services”). Your acceptance of this Agreement
indicates that you have read, understand and agree to the terms of this
Agreement, along with WTI’s User Agreement, which is hereby incorporated by
reference. Any capitalized terms not
defined within this Domain Marketplace Agreement shall have the meaning as
described in the WTI User Agreement.
WTI may, in its sole discretion, change or modify this
Agreement at any time after a reasonable notification period, usually no less
than two weeks, and, unless WTI receives your written objection to the modified
terms of the Agreement within the notification period, such changes shall be
effective upon posting to the WTI website (“Site”). You acknowledge and agree
that (i) WTI may notify you of such changes or modifications by posting them to
the Site and (ii) your use of the Site or the Services found at the Site after
the Effective Date 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) the Site or
the Services found at the Site.
2. Description of Domain Marketplace Service
WTI and the Site serve as a trading and auction platform to
allow Users to offer to sell and buy the registration right to, or exclusive
right to register, Internet domain names, with or without associated website
content as indicated (collectively, "Domains"). The purchase and sale
agreement for any Domain is by and between the Buyer and Seller parties only.
WTI's involvement post-agreement is limited to collecting a fee for Services
provided, or as otherwise agreed by all parties.
BEFORE ENTERING INTO A BINDING AGREEMENT TO PURCHASE A
DOMAIN AND/OR ACCESSING WTI'S SITE AND SERVICES, YOU MUST PERFORM, AND ARE
RESPONSIBLE FOR, ALL RESEARCH NECESSARY TO ENSURE THAT YOU ARE AWARE OF ANY
FACTORS AFFECTING YOUR REGISTRATION AND USE OF THE DOMAIN OR USE OF THE DOMAIN
WITH WTI'S SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE APPLICABLE
ANNUAL REGISTRATION FEES, CHARGED BY AN ACCREDITED REGISTRAR, REQUIRED TO
MAINTAIN YOUR REGISTRATION AND USE OF THE DOMAIN, THAT YOUR PROSPECTIVE USE OF
THE DOMAIN WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, AND THAT YOU HAVE
ALL THE INFORMATION NECESSARY TO MAKE AN INFORMED PURCHASING DECISION.
3. Fees and Related Costs
Except as otherwise noted, WTI does not charge Buyers a fee
for purchasing a Domain with WTI’s Marketplace Services. WTI charges Sellers a
fee for sales originating and/or completed as a result of WTI's Services. WTI's
standard fees and any changes will be posted to our Price List and will be
binding on the effective date noted on the Price List.
Once Buyer and Seller have entered into an agreement for the
purchase and sale of a Domain, should the payment and transfer of the
respective Domain fail for reasons unrelated to a breach by WTI of the Domain
Transfer Agreement, WTI reserves the right to collect any applicable commission
fee for the sale from that party who has violated his/her obligation to
cooperate in the completion of the transaction, including Buyers who would not
otherwise face such fee. Furthermore, claims for damage compensation or
contractual performance may be asserted by the non-breaching party against that
party which violates his/her obligations under these terms or the terms of the
applicable purchase and sale agreement.
WTI reserves the right to charge Users a Marketplace
Handling Fee, equal to two times (2x) the minimum commission fee for the
respective Domain listing, for those instances where User has acted with the
apparent intent to disrupt WTI’s Domain Marketplace listings and/or Auctions,
otherwise cause nuisance or damage, and/or to prevent the completion of
purchase and sale of a Domain.
4. Domain Marketplace Terms of Use
As provided in this Agreement and in applicable posted
policies, WTI offers its registered Users a domain trading platform
("Domain Marketplace") whereby Domain owners (“Sellers”) may list,
market, auction, and sell Domains to buyers, and whereby domain buyers
(“Buyers”) on the Site and promotional partner network may search, bid, and
purchase domains from their owners.
Users wishing to list their Domain for sale start by
choosing the listing type as described below in Section 4.2. Users seeking to
buy Domains may enter search terms on the Site to query the Domain Marketplace
for relevant Domain listings and then either submit a bid with an offer to buy
or accept the Seller's stated price. These bids and the responses of the
Sellers and Buyers will be forwarded to the other party free of charge via the
email addresses provided as part of User registration. WTI cannot guarantee
that any particular bid or response will be transmitted to, and/or received by,
the intended recipient. WTI acts here neither as a Buyer nor Seller, neither as
a lessee nor lessor, nor as the representative of any of the above-mentioned
parties and assumes no responsibility for the contents of a Seller’s Domain
listing or a Buyer’s offer for a Domain.
Not all domain extensions are alike, and certain top-level
domains (“TLDs”) carry abnormal registration policies, restrictions, prices and
other associated fees. Buyer and Seller are responsible for conducting all
research necessary to make themselves familiar with the rules, regulations and
fees of the associated registrar for the contemplated Domain prior to entering
an agreement to purchase or sell a Domain. Buyer and Seller agree that WTI
shall not be held responsible or liable in any way for any registration
policies, prices or fees associated with a Domain and that either party’s lack
of awareness of such shall not be grounds to invalidate a purchase and sale
agreement.
In the event that a Seller and Buyer negotiate an agreement
for the purchase and sale of a Domain via the Domain Marketplace, the Buyer and
Seller agree that the terms of the purchase and sale will follow the standard
online purchase and sale agreement supplied by WTI and available for review
here. In addition, Buyer and Seller agree to use WTI’s Domain Transfer Service,
which is provided free of charge for all sales completed on the Domain
Marketplace, to manage the steps necessary to close the transaction in
accordance with the terms of the respective purchase and sale agreement.
4.1. Domain Marketplace Rules and Requirements
At all times Buyers and Sellers remain bound by the terms
and conditions of this Domain Marketplace Agreement and those policies related
to listing, negotiating, buying and selling Domains on the WTI Domain
Marketplace where posted on the Site or found in the Policies section of the
Site. Each WTI User is limited in the number of Domain negotiations ("Open
Bid Threads") in which they may participate simultaneously, depending on
their User Account certification status. WTI makes no representations or
warranties regarding the features of Domains listed on the Domain Marketplace.
This shall apply particularly, but not exclusively, to visitor statistics,
traffic statistics, and the precise alphanumerical composition of a Domain.
4.1.1. Legal Relationship as between WTI, Buyer and Seller
WTI is neither owner of the Domains listed in the Domain
Marketplace, nor does it have any influence or control on the business
conducted among Users of the Domain Marketplace. The responsibility for the
content of Domain listings, including the accuracy of any statistics, whether
measured and displayed by WTI or otherwise, lies exclusively with the
respective Sellers. WTI shall not be liable for legal transactions or other
acts of Domain Marketplace Users. This also applies to any violations of rights
of a third party through the use of WTI's Services, including, but not limited
to, the listing of a Domain in the Domain Marketplace that infringes
intellectual property rights, rights of the use of a name, and trademark
rights. Buyer and Seller agree that WTI shall not be held responsible for the
failure of either party to a purchase and sale agreement to complete their obligations
under such an agreement, and that WTI, as the neutral facilitator of the Domain
Marketplace and associated Services, shall not be subject to any claims arising
from the attempted purchase and sale of Domains.
4.1.2. Binding Offers
If, during the course of an Open Bid Thread a User makes an
offer, which if accepted would result in a binding purchase and sale agreement,
or at any time a prospective Buyer makes an offer for a Buy Now listing below
the Seller’s stated price, then he/she is bound to this offer for 168 hours,
which corresponds to seven days from the time when the offer was rendered,
unless, when available as an option, a prospective Buyer has chosen a different
duration of time at the time of submitting their offer, of which the Seller will
be notified. (“Offer Period”). Likewise,
if, during the course of an Auction, a User makes an offer, which if accepted
would result in a binding purchase and sale agreement, above the original bid
or Reserve Price then he/she is bound to this offer for the length of the
Auction Period.
Due to the binding nature of offers to purchase or sell
Domains, Users should review the Domain listing carefully and perform all
necessary research on suitability for intended uses to avoid any
misunderstanding before submitting a binding offer. Once an offer is submitted
a User is responsible for all resulting obligations to purchase or sell a
Domain once a binding offer has been accepted. The Buyer's offer shall lapse if
the other User rejects the offer, accepts another User's offer, submits a
counter-offer, or the binding time period is allowed to lapse. A belated
acceptance of the offer or a counter-offer shall be considered to be a new
offer.
4.1.3. Taxes, Currency, & Purchase Price Conversion
All prices quoted between Users during the negotiation or
auction process or used by Seller in Buy Now listings or Minimum Offer
preferences are understood to be end prices including any applicable taxes.
During the bidding process, Users have the opportunity to select the currency
for offers or counter-offers for Domains. As soon as both parties have used the
same currency for the offer and the counter-offer within an Open Bid Thread,
this currency shall become the controlling currency until the conclusion of the
negotiating process.
The purchase price for the Domain shall be a price in the
currency upon which agreement has been reached through the timely acceptance of
an offer. This purchase price in the agreed-upon currency shall form the basis
for the execution of the purchase and sale agreement between the Buyer and the
Seller as well as formulating any fees owed WTI. If the agreed-upon currency is
not identical with the currency originally selected by the User or with the
default currency preference as indicated by or assigned to the User in his/her
User Account, then a conversion of the purchase price into the default currency
shall automatically occur at the moment the parties reach agreement. The
exchange rate used by WTI for this conversion shall be determined in accordance
with the exchange rate of the European Central Bank which was valid at the
point in time agreement was reached, rounded to five (5) places behind the
decimal point. The result of any conversion in accordance with this section,
including the calculation of any fees owed to WTI, shall be commercially
rounded, dependent upon the currency assigned to the User, to full US dollars
(USD) or full Euros (EUR) or full British pounds (GBP). The result of
commercial rounding shall be the purchase price of the User in the currency
selected by the User or assigned to the User.
4.1.4. WTI's Right to Cancel Open Bid Thread or Auction
WTI reserves the right at WTI's sole discretion to cancel an
Open Bid Thread or Auction at any time, before or after the start of the Offer
Period or Auction Period, including, but not limited to, violations of the
terms of this Agreement, if the offered Domain risks infringing the
intellectual property rights or other rights of a third party. If the Open Bid
Thread or Auction Period is cancelled, any binding or contractual relationship
between the Seller and the highest bidder and/or the person who made the last
offer shall be nullified.
4.1.5. Rejected and/or Blocked Domain Listings
WTI reserves the right, at any time and at its sole discretion,
to reject the listing of any Domain on our Domain Marketplace or to remove and
blacklist Domain listings which have already been entered, without prior
warning, without giving any reasons and at any time, especially in the case of
User's violation of this Agreement, or suspected violation of third party
rights concerning a Domain, or suspected violation of applicable laws.
4.1.6. WTI's Right to Eliminate Offers
4.1.6.1. Deleting Bids Made in Error
WTI reserves the right to delete individual bids during an
Open Bid Thread or Auction Period if it believes that such bids were placed
clearly erroneously, by mistake, or were determined not to be a bona fide firm
offer. Mistake on the part of the User must be reasonably obvious. The User
must communicate the mistake to WTI, in writing and within a reasonable amount
of time. Users may not claim mistake with the purpose of interfering with or
circumventing the completion of a transaction. WTI may suspend the User's
account at any time if the User is found to have falsely claimed mistake during
an Open Bid Thread or Auction Period. In the case of bids cancelled during an
Auction Period, should WTI invalidate a current high bid, the next highest bid
shall take the place of the active high bid with all due obligations should
such bid remain the high bid at the close of the Auction Period.
4.1.6.2. Deleting Bids Made Fraudulently/Offer Verification
WTI reserves the right to delete individual bids during an
Open Bid Thread or Auction Period if it believes that such bids were
fraudulent, fake, "shill" bids or were determined not to be a bona
fide firm offer. WTI reserves the right to contact you to verify your identity,
the validity of the bid, as well as request documents to support the validity
of your bids. If WTI is not able to verify the information in a reasonable
amount of time, please be advised that WTI has the right to delete the bid
without objection. WTI may suspend the User's account at any time if the User
is found to have placed a fraudulent bid during an Open Bid Thread or Auction
Period. In the case of bids cancelled during an Auction Period, should WTI
invalidate a current high bid, the next highest bid shall take the place of the
active high bid with all due obligations should such bid remain the high bid at
the close of the Auction Period.
4.1.7. Availability
WTI in no way guarantees, represents, or warrants that the
Site and/or specific web page on which bids can be placed ("Bidding
Page") during an Open Bid Thread or Auction Period will always be
accessible. If a Bidding Page is not accessible, the Seller may not, in the
future, refer to a potentially higher bid during this time period as
justification for not following through with a sale. Furthermore, a potential
bidder may not argue, for the same purposes, that he would have been the
highest bidder for a Domain if the Site and/or Bidding Page had been available.
With regards to all WTI Auctions, including Managed Auction
Events, such as broker-assisted auctions, promotional auctions, or auctions
held at affiliate websites like GreatDomains.com, in the case of technical
issues which may occur within WTI's servers, networks, or other mechanisms, WTI
may, to the extent they are within WTI's control, take actions reasonably
necessary to remedy such issues as they occur. Such actions include, but are
not limited to, extending the Auction Period, rescheduling or cancelling such
Auctions.
4.1.8. Publication Rights
WTI collects Domain and sale price information for the
purposes of utilizing the data to improve its services and promote the value of
Internet domain names to the public. While no personally identifiable
information is included, the Buyer and Seller agree that WTI shall retain the
right to publish the name of a Domain sold as well as the respective purchase
price on the Site or in other places for reference purposes. Notwithstanding
the foregoing, WTI may choose to charge a fee to waive its publication rights,
as described in this section, in an amount posted on the WTI Price List.
4.1.9. Contacting Prospective Buyers and/or Sellers
Notwithstanding the terms of WTI’s Privacy Policy, WTI
reserves the right to contact prospective Buyers and Sellers to help both Users
reach a mutually agreeable conclusion to their negotiation. Likewise, in the
event a User lists, views or makes an offer for a Domain where another User has
hired WTI’s Domain Brokerage Service to represent them in negotiations to
either sell or acquire the respective Domain, the unrepresented User agrees
that WTI may utilize their Account information to contact them on the
represented User’s behalf.
4.2. Domain Listing Options
Sellers have several listing options when offering Domains
for sale on the Domain Marketplace: Buy Now, Make Offer, or Auction. Sellers
may delete their Domain listings from the Domain Marketplace at any time
without cost unless their Domain is subject to an Open Bid Thread or Auction,
has been sold and is pending payment and/or transfer, and/or is subject to a
brokerage agreement.
4.2.1. Buy Now and Make Offer Listings
Sellers may submit a 'Buy Now' Domain listing by submitting
or updating their Domain listing in their Account to include a fixed price that
serves as an open-ended offer to Buyers on the Domain Marketplace to sell the
Domain at the indicated price without negotiation. This offer to sell the
Domain at the indicated price shall remain binding until Seller updates the
respective Domain listing in their WTI Account with a different fixed price
offer, or an alternative listing type, and this update has been reflected on
the Domain Marketplace. Seller’s Domain prices indicated in Buy Now listings
are considered to be the end price for the Buyer, including any applicable
taxes. When available, Buyers on the Domain Marketplace may still submit an
offer to the Seller below the binding Buy Now price indicated by Seller, which
Seller can either ignore, accept or respond to by adjusting their Buy Now price
expectations.
If a Seller does not state a fixed sales price when listing
a Domain in their Account for sale, the Domain listing will default to a 'Make
Offer' listing and will serve as an invitation for other Users to submit an
offer and negotiate for the purchase and sale of the Domain that is the subject
of the Domain listing.
Sellers may submit a 'Minimum Offer' preference for their
Domain listing by submitting or updating the Domain listing in their Account to
include a minimum price at which Seller is willing to consider offers. A
Minimum Offer indication on your Domain listing serves as an invitation for
other Users to submit an offer in excess of the stated amount to negotiate for
the purchase and sale of the Domain that is the subject of the Domain listing.
Please note, Buy Now and Make Offer Domain listings are
automatically promoted on the WTI Site and the websites of WTI's promotional
partners based on the listing preferences of WTI's partners, which are subject
to change from time to time without prior notice.
4.2.2. Auction Listings
WTI provides Sellers two distinct options for selling their
Domain in a public auction that occurs on the WTI Site or is otherwise
moderated by WTI ("Auction").
First, Sellers may submit their Domain for consideration to
be chosen for a WTI managed auction event that WTI may stage from time to time
at its own discretion. Sellers are instructed to apply for the Auction event
via the Domain Management tool in their WTI User Account, review and accept the
related Managed Auction Event Agreement. WTI will review all Domain submissions
for suitability with the managed auction event. If your Domain is accepted, you
will be notified and the Managed Auction Event Agreement as well as any Auction
procedure terms of this Agreement shall apply.
As described below, the second set of Auction listing
options for Sellers are made available upon either a prospective Buyer entering
an offer for Seller's Domain via the Domain Marketplace or upon Seller paying a
Direct Auction Fee, as described on the WTI Price List.
WTI Auction bidding periods during which additional offers may
be submitted to purchase the Domain from different potential buyers
traditionally end seven (7) days following the entry of the initial bid that
permitted the seller to start the Auction or payment of the Direct Auction Fee
(“Auction Period”). Upon approaching the close of the Auction Period, the
Auction Period will extend for ten minutes each time a valid offer is placed
within the last five minutes of the Auction Period. Upon the conclusion of the
Auction Period, Seller agrees to sell the Domain to the winning bidder or to
the initial bidder if no offer is made in excess of the initial bid.
Seller agrees to accept the highest offer made during the
Auction Period so long as WTI did not cancel the Auction Period in accordance
with these terms and conditions. Once the Seller enters a Domain as an Auction,
he is prohibited from offering or selling this Domain anywhere else other than
within that Auction.
4.2.2.1. Push-to-Auction
Once Seller receives an offer for their Domain, they may
choose the option to “push” the Domain into a public Auction, rather than
proceed in a traditional offer/counter-offer negotiation with the initial
bidder. Once Seller chooses the option to push the Domain to an Auction, the
Auction Period, as defined below, has commenced and Seller accepts the offer
from the initial Buyer as their binding reserve price for which Seller is
willing to sell the Domain ("Reserve Price"). During this period,
other prospective Buyers may use the Auction platform to make offers to buy the
same Domain for an amount of money higher than the initial bid used to initiate
the Auction. Should no other Buyers submit an offer to buy the Domain at a
price higher than the initial bid, the initial bidder's offer is automatically
accepted and the Auction Period closes with the initial bidder as the winning
Buyer. If no offer is made during the Auction Period and WTI did not cancel the
Auction, a legally binding contract exists between the Seller and the initial
prospective Buyer who placed the original offer used to push the Domain to
Auction.
Please note, while generally an Auction Period will run for
seven days, however, because a Seller may choose to select the Auction option
at any time after an initial bid has been made, it does not mean that the Auction
Period must run for seven days from the time Seller selects the Auction option,
but from the entry of the initial bid by a potential Buyer. Therefore, if the
Seller selects the Auction option two days after a potential Buyer enters an
offer, the Auction Period will only run for five days.
4.2.2.2. Direct Auctions
Upon paying a Direct Auction Fee, Seller may commence an
Auction Period prior to an offer being submitted for their Domain and the
following additional conditions shall apply. Sellers may set a price of their
own choosing as their binding Reserve Price. During the Auction Period, the
current highest bid will be indicated on the Bidding Page. In addition, it will
be indicated on the Bidding Page if the current highest bid is lower than the
Reserve Price, though under no circumstances will the Reserve Price ever be
revealed. If the Reserve Price is not reached within the Auction Period, the
Domain will not be sold to any of the potential Buyers. The Seller reserves the
right to lower his Reserve Price during the Auction Period but may not raise
the Reserve Price under any conditions.
4.2.2.3. Offers to Purchase Domains in Auction
During the Auction Period, the highest offer made on a
particular Domain will be indicated on the Bidding Page via the Site.
Prospective Buyers can then enter the Auction by placing higher offers. All
offers are firm offers to buy the Domain for the offered price in accordance
with the conditions of the purchase and sale agreement for the Domain. If valid
higher offers are placed during the Auction Period, and WTI did not cancel the
Auction, a legally binding contract exists between the Seller and the
prospective Buyer who placed the highest bid as reflected at the end of the
Auction Period. The resulting purchase and sale contract exists whether or not
the WTI Bidding Page is available at the end of the Auction Period. In the case
of bids cancelled during an Auction Period, should WTI invalidate a current
high bid, the next highest bid shall take the place of the active high bid with
all due obligations should such bid remain the high bid at the close of the
Auction Period.
4.2.3. Buyer and Seller Terms Applicable to all Listing
Types
The following Buyer and Seller duties and obligations apply
to your use of WTI's Domain Marketplace and Auction platform:
(a) Buyer and Seller agree to create and maintain a User
Account and to fill out the registration form completely and accurately. The
Domain Seller must be the verified owner of the registration, or exclusive
right to register, the Domain name listed for sale. Unless the domain owner has
a privacy shield for WHOIS database purposes, information provided within the
WTI User's account must correspond to the information contained in the WHOIS
database provided that Users may be asked, at WTI’s discretion, to provide
sufficient proof of their right to list a respective Domain for sale on the
Domain Marketplace.
(b) Should the registration of a Domain that is the subject
of a purchase and sale transaction be in risk of expiring with its relevant
registrar, or if the expiration date lies within the next sixty (60) days from
the date when an agreement is made for the purchase and sale of the Domain,
Seller agrees to renew the Domain’s annual registration and is solely responsible
for any costs or fees associated with such renewal. Buyer and Seller are each
respectively responsible for any related fees charged by his/her registrar
and/or service provider.
(c) Domains are the result of, and are subject to, all of
the conditions, limitations, and restrictions contained in Domain registration
agreements between the Seller and their third-party Domain registrar or
reseller. As such, the transferability of Domain registration may be limited,
prohibited, or otherwise subject to conditions imposed by the Domain registrar
or service provider. Nothing in this Agreement or on the Site shall be
construed to imply that the Seller possesses any rights to a Domain beyond
those specified in the Seller's agreement with the relevant Domain registrar or
reseller. When referencing a Domain as the object of a purchase and sale
transaction within these terms, Domain shall refer to any rights the Seller may
possess with regard to the registration of a particular Domain under its Domain
registration agreement with a Domain registrar at the time of agreement. Any
content or material associated with a developed website that is the object of a
purchase and sale agreement must be materially described in the Seller’s
listing or negotiation history to be subject to the relevant purchase and sale
agreement.
(d) As a Seller of a Domain listed on the Domain Marketplace
and/or Auction, you represent and warrant that: (i) you have registered, or
have the exclusive right to register, the Domain with an appropriate Domain
registrar or other registration authority; (ii) your registration rights to the
Domain are current and not subject to deletion, cancellation, rescission, or
deactivation by any applicable Domain registrar or other registration
authority; (iii) you have not taken any action that would impair your ability
or right to transfer the Domain registration right and no such action has been
taken against you; (iv) the Domain has not been used in such a manner as to
infringe the rights of any third party, including, but not limited to,
trademark, naming or publicity rights; (v) the Domain is not the subject of any
legal disputes or proceedings challenging your right to register or use the
Domain; (vi) you will accurately describe the subject listing; (vii) you own and
have the right to sell the content, if applicable, that you have included in
your listing as part of your Domain; and (viii) if your offer to sell and
transfer the Domain is accepted, you will complete the transaction with a
ready, willing, and able Buyer. You will not, under any circumstances, list or
transfer the rights to any Domain that you do not have sufficient rights to
transfer, or that is illegal to transfer under applicable law.
(e) The Seller agrees not to list any Domains that violate
any of WTI's posted acceptable use policies and accepts that WTI may refuse to
list, or remove the listing for, any Domain that, in WTI's sole discretion is
deemed inappropriate for the Services. This may include, but is not limited to,
Domains which may potentially infringe or violate the proprietary rights of any
third person or any other Domain, or which, in WTI's sole discretion, is
inflammatory, offensive, or inappropriate and inconsistent with WTI's general
policies or acceptable use terms.
(f) The Seller of a Domain agrees not to enter a bid for
his/her own offer and not to instruct other persons to do so. In addition, any
user manipulation of Domain listing statistics is prohibited, including, but
not limited to, manipulating or otherwise falsely inflating traffic statistics
represented to Buyer during the course of negotiation or which are measured and
displayed by WTI.
(g) You will not yourself, nor will you allow or enable
another, to directly or indirectly interfere or attempt to interfere with the
operations of the Site or the Services.
(h) You understand and agree that WTI's comment system
cannot be used to communicate with the Buyer and/or Seller with the purpose of
circumventing WTI's user agreement and/or to alter/augment sales of domains,
avoid commission, or alter the terms of the purchase and sale, besides the
inclusion of website content, which shall not be included in WTI’s Domain
Transfer Service and must be transferred between Seller and Buyer directly.
Misuse of the comment system to communicate contact information such as phone
numbers, email addresses, or any other means of communicating outside of the
Domain Marketplace comment system is strictly forbidden and a material breach
of this Agreement.
(i) The Seller agrees to keep any data they have added to
the Domain Marketplace up-to-date. If a Domain has been sold or if Seller no
longer retains registration rights to the Domain, he/she is to immediately
remove the respective Domain from their User Account. Furthermore, the Seller
agrees to remove a Domain from the Domain Marketplace and/or Auction
immediately if a warning has been issued, or as soon as any notice or knowledge
has been received that the rights of a third party or applicable laws could be
violated by the listing. This shall apply until legal clarification of the
situation has been made.WTI