Term And Condition

NAMEKLUE.COM TERMS AND CONDITIONS

NameKlue.com is an online service that allows users to bid at expiring domain names. This Agreement is between yourself ("you", "yourself", "user", "customer" and the like) and NameKlue.com ("This Site", "The Site", "NameKlue", "Service", "website" and the like). This Agreement sets forth the obligations between NameKlue and NameKlue customers regarding the use of NameKlue’s website and services. By using NameKlue's website and services you acknowledge that you have fully read, understand and agree to these Terms and Conditions. Failure to strictly abide by these Terms and Conditions will result in suspension of your NameKlue and you will be prohibited from using NameKlue's website and services going forward. 

1. Eligibility. By using NameKlue.com and its services, you represent and warrant that you are at least eighteen (18) years of age, you are of sound mind and have the ability, capacity, and legal status to form and enter into legally binding contracts under applicable law. You further represent and acknowledge that you are not previously barred from using any of NameKlue’s services. Unless otherwise documented and approved by NameKlue, users are permitted use of only one single NameKlue account per address, per person, per company and per family. You are strictly prohibited from creating more than one account or creating any accounts with fictious contact information. Should you be identified as creating more than one NameKlue account without express permission from NameKlue, your accounts will immediately be suspended. You are not able to use NameKlue if you have been previously suspended from either NameKlue in the past.

NameKlue has the sole discretion to prohibit and reject anyone from using NameKlue.com at any point in time with or without notice.

2. New Users. New NameKlue.com users may be subject to an introduction period in which the account will be restricted to the number of auctions they are permitted to participate in. New users will be required to demonstrate a history of good use on NameKlue.com with valid and timely payments before they will be granted full access to NameKlue.com and allowed to participate in more concurrent auctions at any time. NameKlue reserves full rights to adjust the "new user" parameters of its systems from time to time and on a case-by-case basis, without updating its terms, to protect all users of the system from potential non-payment and/or potential fraud.

3. Account Verification. All customers are required to verify their account before they can participate in any auction on the platform. Customers will be notified what exact verification requirements NameKlue will require during the sign-up process. Forms of verification may include, but are not limited to: phone number verification; email verification; high quality color scan or photo of an official government issued identification card, such as a passport or driver's license; a color "selfie" image of the customer holding their official government issued identification card; NameKlue reserves the right to revoke verification on previously verified accounts and require the user to provide updated verification information and documentation (i.e., re-verification) at NameKlue's sole discretion. Account verification is not instantaneous and can take time to complete. NameKlue.com reserves the right to refuse verification to any customer in its sole discretion and NameKlue has the right to request additionally information and perform additional verification at any point in time as it deems necessary. Failure to comply with account verification requirements and requests may result in a denial of a verified account and/or account suspension. NameKlue has the right to delay or extend the verification process at NameKlue's sole discretion.  While NameKlue states on its website that verifications can take up to 72-hours that time frame is not a guarantee and a verification may in fact take much longer due to any number of reasons. NameKlue does not guarantee an account will be verified in any specific amount of time nor does NameKlue guarantee that your account will pass verification in time to participate in any desired auctions.

4. Backorder and Registration of Domain Names. A backorder is a bid that is placed by a customer to notify NameKlue.com that the user wishes to buy an expiring domain name that will soon become available for registration by the respective registry. NameKlue then attempts to register domain names that users have placed backorders on as soon as they are made available for registration. There is no upfront fee for placing a backorder on a domain name; however, if NameKlue is successful in securing and registering a backordered domain name on your behalf, you will be required to pay for the domain name. By placing a backorder on NameKlue, you are expressly entering into a binding contract in which you agree to pay for the backordered domain in the event the domain is successfully registered on your behalf. You will not receive access to a domain until payment is rendered in full for the backordered domain name.

NameKlue makes all reasonable efforts to register customer's backordered domains. NameKlue cannot guarantee the successful procurement and registration of any backordered domain name(s). If NameKlue.com is not able to acquire a domain name you had on backorder you will not be charged for the backorder and will not have to pay any fee. You can cancel a backorder at any time prior to the "Cut-Off Time" when backorders are not accepted anymore, as detailed under the section "Cut-Off Times" of this Agreement.

5. Multiple Backorders on Same Domain and Auction Process. If multiple customers place a backorder on a specific domain, and NameKlue successfully acquires the backordered domain, the domain will be placed into a public auction. This auction will allow all NameKlue customers (excluding Corporate Partners) to bid on the domain even if a customer did not place an initial backorder on the domain. All public auctions will last for three (3) days. At the end of the auction the domain will be awarded to the highest bidder.  The highest bidder and winner of the auction must successfully render full payment before they will be awarded care, control, and full ownership of the auctioned domain.

NameKlue.com, in its sole discretion and right, reserves the right to stop, suspend, or remove any auction from the NameKlue platform, for any reason whatsoever at any point in time, and in any manner that it sees fit. NameKlue is under no obligation to re-auction any domains nor is it under any obligation to allow an auction to proceed if there are circumstances that warrant the end of an auction. NameKlue reserves the right to remove bids placed on a domain auction if it determines fraud or other illegal or malicious activity has occurred.

a.Auction Extensions. NameKlue reserves the right to remove or extend any public auction as necessary at its sole discretion (even if the auction has already ended.) This includes, but is not limited to, any irregularity that may occur during the auction or other website downtime or inaccessibility by users of the platform. In rare circumstances, NameKlue may extend an auction even after the auction has ended and payment has been rendered and the domain has been delivered to the your any of domain registeration account for a domain name, due to website downtime, inability to access the website or for other unforeseen issues.

In the event a bid is placed within the final five (5) minutes of an active public auction, the time remaining on the auction clock will be re-set to five (5) minutes to permit other bidders of that auction to react to the most recent bid.

b.Backorders Are Not Final. NameKlue can pull back, remove, cancel, and issue a refund for a backordered domain, even after it has been paid for and delivered to the Your account for any reason. While these situations are rare, they do occur and NameKlue has the full right to cancel and void any backorder even after it has been fulfilled and fully paid for and pull the domain out of the your account. In such a situation, the user will receive a full refund for said backorder.

c.Auction Minimum Bid Increments. NameKlue requires minimum bid increments when customers are placing bids in an active public auction. The minimum bid requirements are as follows:

CURRENT AUCTION PRICE

BID INCREMENT

$0 to $100

$5 increments

$101 to $200

$10 increments

$201 to $500

$20 increments

$501 and above

$50 increments

6.Discount Club. The Discount Club is a backorder program for customers interested in backordering multiple .Com and/or .Net domain names at rates far lower than that of the standard backorder price. This program is designed for customers that want to purchase many domains each day.  The Discount Club employs a name your price model, allowing you to name your price for the Discount Club backorder between $1 and $100 USD for .Com and .Net domain names. A customer may place a Discount Club backorder in the amount of their choosing in this specific monetary range.  NameKlue may offer lower prices to volume-based users.  Discount Club details are as follows:

a.A successful Discount Club backorder will occur only when there are no regular priced backorders, no Corporate Partner backorders, and, in the event of multiple Discount Club backorders, when that user has the highest Discount Club backorder bid for that domain on that day. If you placed a successful Discount Club backorder you will be charged the bid amount you selected when submitting the Discount Club Backorder.

b.Discount Club backorders are considered third-tier backorders and receive third-tier ("Last") prioritization as explained in in this Agreement per section "Backorder Prioritization". This means that if there is a regular Full Priced backorder on a domain, or if there is a Corporate Partner backorder on a domain, the Discount Club backorder will be considered a failed Discount Club backorder and the customer will not be charged nor awarded the domain, and the domain will be awarded to one of the higher tiered prioritizations.

If you want to have the best chance at successfully capturing a domain name, it is advised to place a Full Priced backorder ($30 for .Com and .Net domains). Do not use the Discount Club as it is the very last priority. In the event of non-payment from a full-priced backorder, a domain name will not be awarded to a user who placed a Discount Club backorder.

c.Discount Club backorders do not trigger auctions.

d.If there are multiple Discount Club backorders, and there are not any regular priced backorders on a domain, nor are there any Corporate Partner backorders for that domain, the Discount Club backorder at the highest price will win the domain.

e.If NameKlue is unable to register the domain on behalf of the Discount Club customer, this will be considered a failed Discount Club backorder and the customer will not be charged. The customer will be notified of this failed backorder and given any relevant information pertaining to why the Discount Club backorder was not successful.

f.In the event two Discount Club backorders are placed at the exact same price, the user who chronologically placed the first backorder in time will be awarded the domain name, unless that first user later removed the Discount Club Backorder before the Cutoff Time as detailed in this Agreement.

7.Backorder Prioritization. Backorder prioritization is as follows: 1) Full Priced backorders and auctions; 2) Corporate Partner backorders; 3) Discount Club backorders.

a.A Full Price backorder will have the first priority ("Highest" priority) and rights to obtaining a backordered domain. A Full Priced backorder will have precedent over any other type of backorder. (i.e., Corporate Partner backorders and Discount Club backorders.) You are strongly encouraged to use the Full Priced backorder option if you are seeking to backorder a valuable domain name.

b.If a Corporate Partner or a Discount Club member place a backorder, and another customer places a Full Priced backorder on the same domain, the Full Priced back order will receive the domain should NameKlue be successful in acquiring this domain name. A Full Price backorder will always receive priority and precedent and receive the domain over Corporate Partners and Discount Club backorders.

c.Likewise, if a Corporate Partner and a Discount Club customer place backorders on the same domain, but there are no Full Priced Backorders, the Corporate Partner will have priority over the Discount Club customer at obtaining the domain. If you participate in a Discount Club backorder you expressly agree that you understand Full Priced backorders and Corporate Partner backorders always take precedence when it comes to prioritization of which user will be awarded a domain. To get your best chance at getting a desired domain you must place a Full Priced backorder on that domain name. Do not use "Discount Club" backorder in such events as it has the lowest priority in the NameKlue system.

d.Auctions only occur if there are two or more Full-priced backorders on the same domain. There are no auctions if there are multiple backorders on the same domain between the three different prioritization groups, but not two Full Priced Backorders on that specific domain. Please see the following examples for clarification:

iIf a Corporate Partner places a backorder, and a single Full Priced backorder is placed, the domain will automatically go to the Full Priced backorder.

iiIf a Discount Club customer places a backorder and a Full Priced backorder is placed on the same domain, the domain will be awarded to the Full Priced back order.

iiiIf a Corporate Partner places a backorder and a Discount Club customer places a backorder on the same domain, but there are no Full Priced backorders, the domain will be awarded to the Corporate Partner.

ivIf two or more Discount Club customers place a backorder on the same domain, the domain award will follow the process set forth with relation to the Discount Club section of this Agreement. (Highest bid first, with any tie going to the first chronological bidder.)

vIf two or more Full Priced backorders are placed on the same domain, the domain will go into auction as set forth as a part of the Auctions section of this Agreement. Note: this is the only situation in which expiring domain names will go into public auction.

8.Pricing Based on Top Level Domains. The pricing on NameKlue is in United States Dollars (USD). All prices on the NameKlue system are based on whole dollars. The standard, Full Priced backorder price on NameKlue for available extensions are listed below:

a..Com, .Net, .Cc and .Tv Domain Names

iFull Priced Backorders: $100.00

iiDiscount Club Backorders are only available for .Com and .Net domains; Discount Club Backorders can be made on .Com and .Net domain names in the range of $1.00 to $100.00

b..Org Domain Names

iFull Priced Backorders: Full Priced backorder are $1.00.

iiDiscount Club Backorders are not available on .Org Domain Names

NameKlue reserves the right to offer promotions and discounts that vary from the above prices. NameKlue is not required to update such promotional prices and discounted prices in the Terms and Conditions.

9.Cutoff Times. Domain names can be backordered on the NameKlue platform until specific cutoff times throughout the day. The cutoff times are different based on each domain name extension and when those domain names are dropped during the day:

a..Com and .Net Domains: You may backorder .Com and .Net domain names on the date each domain name is becoming available for public registration up to 15 minutes prior the start of the drop. The cutoff time is 15 minutes prior to Noon Mountain Standard Time. (10:45 AM PST, 11:45 AM MST, 12:45 PM CST and 1:45 PM EST)

b..Org Domains: You can backorder .Org domain names up until 12:45 Coordinated Universal Time. (12:45 UTC)

c..Cc and .Tv Domains: You can backorder .Cc and .Tv domain names up until 1:45 AM Mountain Standard Time. (12:45 AM PST, 1:45 AM MST, 2:45 AM CST and 3:45 AM EST)

You can additionally remove and cancel your previously placed backorders from the system up until the backordered domain's respective cutoff time. The cutoff time to remove backorders from the system is the same as the cutoff time to place backorders into the system.

10.Payments. All payments must be made within 7 days from the time the backorder was successful or the close of the auction. Specifically:

a.You are required to submit payment once you have a successful backorder or win an auction. If payment is not received by 9am MST the following day, your account will be placed into a restrictive mode preventing further use of the platform until such payment(s) have been rendered. This means you will not be able to participate in auctions until you have successfully paid for all pending orders and won auctions. Payment of the outstanding balance will immediately resume your ability to place backorders and bid in auctions from that point forward.

b.From day 5 through 7 after close of auction your account will be suspended and you will be unable to do anything but checkout the outstanding items in the cart.

c.If you fail to make payments within 7 days of successful backorder or the close of the auction, your account will permanently be closed, and the "Non-Payments" terms will apply.

d.NameKlue may extend or amend these terms on a case by case basis and in its sole discretion to any user to facilitate payment from the customer, but at no time is it required or obligated to do so.

11.Non-Payments. A customer is legally obligated to make all payments for their backorders and winning auctions. By placing a backorder or participating in an auction, a customer is entering into a binding purchase agreement to pay for that specific item. NameKlue.com reserves the right to pursue full compliance with a customer's purchase agreement and may, in NameKlue's sole discretion, take any and all steps legally available including, but not limited to: sending the customer's outstanding balance to a collection agency; arbitration; or pursuing legal proceeding in the proper Court of law. Failure to make all necessary payments by the due date for domain backorders or auctions may result in a suspension of the nonpaying customer's NameKlue.com and NameBright.com accounts and relinquishment of all rights to any domains associated with such accounts.

12.Unpaid Domains.

a.Unpaid Backorders. Any successful backorder which is not paid for by the customer will result in the customer forfeiting all rights to the backordered domain. The customer's NameKlue.com and NameBright.com accounts may be suspended and the unpaid for domain will either:

iBe returned by NameKlue to the registry;

iiTransferred or Sold to one NameKlue's Corporate Partners; or

iiiSold at public auction.

b.Unpaid Auctions. In the event a customer fails to pay for a domain they won in auction, the domain may be re-auctioned. The customer's NameKlue.com and NameBright.com accounts will be suspended indefinitely.

13.Payment Methods. Any pending NameKlue orders for backordered and auctioned domains will automatically be attempted once a day by first attempting to draw from the customer's NameBright funded account. If these daily attempts fails or there are insufficient funds, NameKlue will then attempt to obtain payment from any credit card which a customer has placed on file with their NameBright or NameKlue account. Payments can also be made manually by using NameKlue's shopping cart and using one of the payment methods offered during online checkout. While NameKlue offers automatic payment options, it is the customer's sole responsibility to ensure payment is successfully completed before the 9AM MST cutoff time on the 4th day after close of auction. NameKlue is not responsible in the event payment is not successfully rendered in time, regardless of the reason.

Wire Payments. If you wish to initiate a payment via wire, you must contact [email protected]NameKlue.com with the amount of the wire and to which domains the wire will be posted to. Keep in mind if payment is not received by the due date, you may forfeit the rights to the domain name and any payments may be refunded. It is therefore important to notify NameKlue support of any incoming wire transfers. Keep in mind international wires usually take extra time.

By using NameKlue.com's platform and services, you agree that NameKlue.com may use any method available to process payment for any backorder or won auction. Chargebacks. In the event NameKlue receives a chargeback on your order, your account will be suspended and NameKlue reserves the right to pull back any domains in your account. NameKlue further reserves the rights to pursue any legal remedies afforded to it associated with any customer's chargeback.

14.Refund Policy. There will be absolutely no refunds issued for successful backorders. Due to the costs associated with successfully registering a backordered domain name, a customer is not eligible to return and receive a refund or credit for a domain in which they successfully backordered and NameKlue successfully registered on behalf of the customer. There will further be no refunds for successful auctions. By participating in an auction, the customer acknowledges that they cannot return a domain won in an auction and will not receive any refund for a successfully won auction. Refunds will only be issued if the domains have been pulled back from your account due to NameKlue involvement. Should a customer who is not entitled for a refund attempt to file a chargeback, their NameKlue.com and NameBright.com accounts will immediately be suspended.

15.Email Notifications. While NameKlue may send out email notifications, including outbid notifications and other relevant notices, NameKlue cannot guarantee a customer's email receipt on behalf of a third-party email provider nor is NameKlue responsible for any delivery issues from within NameKlue's internal systems. NameKlue is not responsible for a customer's nonreceipt of any email notifications from the system. NameKlue email notifications are a courtesy and not guaranteed. Customers should not rely on email notices as they are not guaranteed. If you want to win an auction you should monitor the auction in real time and not rely on such email notices.

16.Verification of Customer Identity. In addition to the verification process set forth in this Agreement, NameKlue may require additional verification in certain situations, including but not limited to, customers placing high volumes of backorders or auction bids, suspicious bidding activity, and/or high bid values among other items. NameKlue reserves the right to require identity verification for any customer at any time at NameKlue's sole discretion.

17.Customer Waivers; Warranties; Agreements. As a NameKlue customer you knowingly, voluntarily, and expressly agree that NameKlue does not have any obligation to verify or investigate any potential legal issues associated with a customer's backorder and registration of a domain name. As a NameKlue Customer you knowingly, voluntarily, and expressly agree that it is your sole responsibility, as the customer, to investigate any potential legal issue that may arise from your backorder, bid, and/or registration of a domain, including but not limited to, trademark and copyright infringement.

As a NameKlue customer you knowingly, voluntarily, and expressly agree that by using NameKlue.com and its services you assume all responsibility, including legal ramifications, that may incur when you backorder, bid on, and/or register a domain using NameKlue services. You further expressly agree to hold NameKlue harmless and indemnify NameKlue, its subsidiaries and parent companies from any legal issues or actions that may arise from your participation in backordering, bidding on, or registering a domain. You agree to use NameKlue.com and its services at your own risk and agree that all backorders and auctions are provided "as is". As a NameKlue customer you expressly disclaim all warranties from your voluntary use of this site and services.

By using NameKlue you knowingly, voluntarily, and expressly agree that you will not involve NameKlue.com, You agree to indemnify, defend and hold harmless the aforementioned people and entities from any and all claims, damages, liabilities, costs and expenses, including legal fees and expenses arising out of or relating to domain names listed for sale on this site.

18.Right of Refusal. NameKlue reserves the right to refuse service to anyone. NameKlue has the exclusive right to refuse to allow customers to place backorders, to suspend customer's accounts, and to cancel any services upon NameKlue's sole discretion.

19.NameKlue Warranties and Disclaimers. NameKlue hereby disclaims any and all warranties, implied or express, of any kind. This disclaimer includes but is not limited to: warranties of intended purpose; merchantability; title; non-infringement; and quality of services. NameKlue expressly disclaims any warranties and representations that a customer's backorder, auction bid, or registration of an Internet domain name using NameKlue's services will automatically protect or immunize that customer from third-party disputes, suspensions, cancellations, or transfers of the domain. NameKlue does not make any warranties that its services will provide the desired results or purposes of user. NameKlue makes no warranties that service will not be interrupted, free of error, or timely. By using NameKlue's services you expressly understand and agree that NameKlue does not make any warranty regarding any services or domains purchased by customers or any transactions entered using the NameKlue site and/or services.

20.Customer Suspension. Any failure to abide by any provision of this agreement is a material breach of this Agreement. NameKlue may suspend any account with or without notice. NameKlue reserves the right to suspend any and all services and/or accounts for any breach of this agreement. Further, a customer's account may be suspended should they engage in what NameKlue considers any illegal conduct based on the Governing Law of this Agreement and/or any international law that NameKlue feels is being broken. Decisions regarding the suspension of a customer's account are the sole discretion of NameKlue and should a customer's account be suspended the account owner will be ineligible to use NameKlue's services in the future. NameKlue is a private program and NameKlue is under no obligation to service any customer for any reason should their account be suspended.

Any balances/fiscal amounts due to NameKlue upon an account suspension are due to the company immediately. NameKlue reserves any and all rights to take all corrective actions, including legal action, to remedy such deficiencies in payment.

NameKlue may, in its sole discretion, allow previously suspended users to re-activate their accounts. NameKlue recognizes that there may be unique situations where a customer was suspended, and that suspension could have been avoided. Any re-activations (aka un-suspensions) will be allowed on a case-by-case basis with NameKlue's investigation and sole discretion. Any re-activation will require additional verification steps on behalf of the suspended customer, and the verification needed by NameKlue will depend upon the circumstances that led to the initial account suspension.

21.Shill Bidding. Shill bidding occurs when a person bids on a domain name with the intent to artificially increase the price of the domain to create the perception of an increased value and desire of the domain. Shill bidding also occurs when, with the seller's knowledge, an agent of the seller bids on the domain to create an active auction and raise the price of the auction.

Shill bidding is illegal and is prohibited on NameKlue.com. Any customer or auction participant who engages in shill bidding on NameKlue's platform will immediately be suspended and barred from NameKlue's site and prohibited from ever using NameKlue services in the future. This conduct will further be reported to the relevant criminal and legal authorities. This behavior will not be tolerated under any circumstances and anyone engaging in this activity is subject to both civil and criminal liability and prosecution.

22.Gamification. You expressly agree to not use the systems or methods to try to manipulate or game auctions and/or the backordering process in any way. Any actions that are detected to be subject of gamification will result in the immediate cancellation of said account(s) without limits, guarantees, or warrants. In certain circumstances NameKlue will allow systems or methods, but such systems must first be presented to NameKlue and approved by NameKlue before they may be permitted. (Such as using programmatic methods to place last minute/second bids on your behalf.)

23.Auction Endings. The auction ending timing in the NameKlue platform may not be accurate for a variety of reasons, including but not limited to, a customer's system clock, server clock, Internet latency, or other issues. It is your responsibility to make sure your computer is outputting the accurate time remaining on auctions. NameKlue does not recommend waiting until the last second to place a bid. If you want to win an auction, place your bid early as a variety issues can occur during the last few minutes of the auction, sometime caused by high traffic to the site and demand for certain auctions.

24.Bid Adjustments. NameKlue reserves the right to lower the maximum bid on an auction to the current high bid in the event of an error.

25.Management of Domains. All domains acquired through a successful backorder or a successful high bid at auction will be. All NameKlue customers will be required to have a valid NameBright account and all won domains will be transferred to the customer account.


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