Monetization™ Terms of Service

This Agreement governs your use of Above services and features of the Monetization (Services). By using the Services, you are agreeing to be bound by these terms of service ("Monetization Terms of Service").

In order to utilize the Service you MUST agree to the applicable Terms of Service, which agreement is achieved by creating and using an Above user account.

Changes and Modifications

Above reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the Service following changes and modifications will constitute your binding acceptance.

Pricing

Above reserves the right to make pricing change displayed on our website without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect.

During the 30 days notice period, existing customers have the ability and right to unsubscribe to Service before the new pricing is set.

Above is based on a subscription service model, where ongoing services are provided in exchange for subscription fees. You have the ability to unsubscribe or cancel Services provided at anytime. Cancellations need to be made at least 2 day before the current subscription expiry date to avoid renewal charges.

Service Levels and Access

We will use our best endeavors to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We can not accept liability for any cases of its unavailability. In cases where Service is unavailable for more than five (5) days in any one calendar month, any subscription fees applicable will be waived for that particular month. Any loss of revenues during down times is neither covered nor recoverable.

Access to the website is free to all. Access to password protected sections of the website is limited and can be accessed with a valid account. Use of the Above service for domain monetization requires Above approval at which point Above subscription fees apply.

Automated solutions, including tools, software applications and online systems used to access Above user accounts can only be used with permission. Please contact us to obtain permission.

We reserve the right to: (i) refuse the provision of services to any user; (ii) cancel user accounts; (iii) cancel, change, suspend and modify services offered to users at any time without notice or liability; or (iv) block any domain or traffic with the potential of causing disruption to the Above service or that are in violation of the Restrictions section.

Third Party Services

Above Services utilizes various third party solutions, where Above clients maintain direct accounts with third party providers. All third party solutions list and publish their own Terms and Conditions and Privacy Policies and other terms of use on their respective websites. Above users understand that they must agree to each specific third party terms, policies and guidelines and your use of Above services constitutes acceptance of the respective third party terms, policies and guidelines.

Only with your permission and acceptance, Above collects, amalgamates and stores from third party providers various data points relating to domain names in your accounts provided. You specifically grant Above permission to access such domain information as is needed by the Above Service in the course of providing the Monetization service. Please refer to our Privacy Policy as to what information is collected and how this is used.

Above can not be held liable for delays, data skews or inconsistencies provided by third party providers.

Above can not accept any liability for interruption of services due to third party service interruptions.

Direct to Advertiser Services

Above offers a range of direct to advertiser services, either through direct advertiser relationships or through various third party solutions that have advertiser relationships.

You grant Above, subject to the terms of this agreement, the right to: (i) redirect and sell Domain Traffic from the Domains to any Direct Advertiser; (ii) collect information, including usage data, conversion data, click through data relating to any Domains you have listed with the Above service; and (iii) disclose such data and information to any Direct Advertisers buying such Domain traffic.

Restrictions

Domain Restrictions. Above Clients shall not use in connection with the Above Service any Domain (i) to which it does not own or have the right to all intellectual property rights; (ii) that infringes upon any intellectual property right of a third party; (iii) that would, if used in connection with the Service, infringe upon any intellectual property right of a third party; or (iv) that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, or contains malicious advertising or illegal content, including but not limited to forced downloads, phishing, malware or any scare tactics.

Prohibited Activities. Above Clients shall not: (i) generate traffic to a Domain through any method, including but not limited to listings on newsgroups, emails, IM postings, forums, blogs, chat room or irc postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, JavaScript, click farms, redirects from other domains or any other similar method; (ii) encourage or require End Users to generate traffic to a Domain; (iii) bypass robot exclusion headers (including using any device, software, or routine to accomplish that goal), or interfere or attempt to interfere with the proper working of the Service; (iv) use the Service for any unlawful purpose; or (v) or from any other fraudulent means.

Users who are in violation of any Domain Restriction or Prohibited Activity are subject to the following actions that can be taken by Above at any time without notice or liability: (i) user's account(s) may be suspended, cancelled, or limitations placed on services provided, and/or (ii) domains or specific traffic may be temporarily or permanently blocked.

Direct to Advertiser Fees, Payment Terms and Reporting

Domain Revenues generated from Direct to Advertiser services shall be paid to Above Clients as agreed on a monthly basis, within forty-five (45) days after the end of the calendar month in which the Domain Revenues were earned. To reduce administrative costs, the parties agree that Above shall not be required to make payment to Domain Company until such time that the amount owed to Domain Company equals or exceeds US$100.00 (in words: One Hundred Dollars).

Above shall have no obligation to pay Domain Revenues that arises from conduct specified in the Restrictions section or in the event where direct advertisers default on payments for Above Clients domain revenues.

Upon any termination or expiration of this Agreement, Above shall pay Above Client all amounts due prior to such termination or expiration under this section within forty-five (45) days after such termination or expiration.

Reporting is provided in real time or on a monthly basis depending on the Direct to Advertiser solution. Above will provide a report detailing the Domain Revenues generated from Above Client domains participating in Direct to Advertiser services.

Taxes. Domain Company agrees and acknowledges that taxes will not be withheld or paid directly or indirectly by Above and that it is the responsibility of Above Clients to pay all local, state, federal, and/or foreign taxes on income received from Above.

Actions To Protect Against Redirection to Malicious Sites

You grant Above, subject to the terms of this agreement, the right to take the following actions when a parking service is found to be sending a domain's traffic to a direct advertiser who is forwarding that traffic to a landing page containing malicious content.

• To protect the value of your domain asset, Above will immediately blacklist the domain's traffic from going to the responsible parking service.
• Above will send an email to that parking service informing them that a direct advertiser in their network was forwarding your domain's traffic to a malicious landing page. The parking service will be told that traffic from this domain will be blocked from going to their platform until they can assure Above that this traffic will no longer be forwarded to a malicious landing page.
• The email to the parking service will include a screenshot of the malicious content along with historical URL information so that the parking service can track, identify and terminate the malicious advertiser.
• Above's client will be sent an email outlining the steps taken. This email will include the name of the parking service responsible for traffic ending up on a malicious landing page. The client will also be sent a screenshot of the malicious content along with historical URL information so that if desired, the client has the details needed to contact the responsible parking service on their own.
• Once the parking service sends Above confirmation that the malicious advertiser has been identified and removed from their network, Above will cancel the blacklisting for that domain. The client will be notified of the confirmation received from the parking service and the subsequent cancellation of the blacklisting.

Hosting and Content

Above Monetization Services rely on domain names to be pointed to specific Above name servers. Above provides real time domain traffic statistics for such domains. Above warrants that domain statistics are only used for the purposes of providing the Above Service. Above does not provide domain hosting services for content nor does it control the content displayed on such domains. Above Services redirects domain traffic to third party name servers. The content displayed on said domains are controlled and supplied by the third party providers. Above and related entities cannot be held liable for any content displayed on such domains. The exception to these terms is for domains using name servers containing *.hostingbyabove.com which is used for cPanel hosting and is bound these additional terms.

To protect the value of Clients' domain assets, Above Services uses its BlockScanTM technology to systematically compare domains pointed to Above name servers against widely used malicious website lists. For domains found to be on these lists, Above reserves the right to block traffic from being redirected to the third party services it deems on its sole discretion to be responsible for enabling traffic to be forwarded to malicious sites.

Notices

Notices shall be in the form an email, system message alerts or as a post on the Above.com forum.

By opening an Above.com account you agree to receive emails from Above.com and related entities. You have the ability to unsubscribe at any time.

Termination

Termination for Cause. This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events; (i) If the other ceases to do business, or otherwise terminates its business operations; or (ii) If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days; or (iii) If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or (iv.) If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditor's arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.

Termination for Convenience. You may terminate and cancel your service at any time with the discontinued use of this website.

Termination for Breach. Above may terminate and cancel your service with immediate effect if Above Client violates our Direct to Advertiser Services policies.

Survival. Except as otherwise specified in this Agreement, all Sections will survive any termination or expiration of this Agreement.

Warranty

The Above Service relies on data sourced from a number of providers, including third party providers. We endeavor to provide real time domain statistical data and apply quality filters as an when applicable, but as a general guide we believe that pure data can be more valuable and be more representative. We can not accept liability for any cases of data skews and/or quality levels.

We also warrant that Above will not violate any third party contractual obligations in relation to third party providers.

Disclaimer

Except as expressly set forth in this Agreement, neither party makes and each party expressly disclaims any warranties as to the subject matter of this Agreement, including implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. For the avoidance of doubt, (a) the Service is provided "as is"; and (b) Above makes no representations or warranties regarding the number, quality, or content of any Advertisements or the timing of delivery of such Advertisements, and, accordingly, Above Customers expressly assumes all risk and responsibility with respect thereto. Neither party shall be liable for any interrupted or inoperability of the Internet, technical malfunction, computer error, corruption or loss of information.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

If for any reason we are held liable, our liability is limited to the amount paid by you for applicable service(s) concerned. The parties acknowledge and agree that this section is an essential element of the Agreement and that, in its absence, the economic terms of this Agreement would be substantially different.

Release and Indemnification

Above customers releases and forever discharges Above and any related entities from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Above services.

Force Majeure

Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.

Governing Law

This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Above will comply with all applicable laws under this jurisdiction.

Severability

If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.

Inconsistent terms

The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.

Above.com Registrar Terms of Service

• Domain Registration Agreement
• Dispute Policy
• Registrar Terms

This Agreement governs your use of Above.com Pty Ltd and Above.au Pty Ltd (hereinafter referred to as "Above.com") Domain Registrar Services (Registrar Services). By using the Registrar Services, you are agreeing to be bound by Above.com Domain Registrar Terms of Service, which agreement is achieved by creating and/or using an Above.com Domain Registrar user account.

Changes and Modifications

Above.com reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the Service following changes and modifications will constitute your binding acceptance.

Pricing

Above.com reserves the right to make pricing change displayed on our website without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect.

During the 30 days notice period, existing customers have the ability and right to cancel or unsubscribe Services before the new pricing is set.

Above.com offers an optional automatic renew billing service, where ongoing Registrar Services are provided in exchange for yearly fees. You have the ability to unsubscribe or cancel Registrar Services provided at any time. Cancellations need to be made at least 2 days before the current subscription expiry date to avoid renewal charges.

Service Levels and Access

We will use our best endeavors to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We cannot accept liability for any cases of its unavailability.

Access to the website is free to all. Access to password protected sections of the website is limited and can be accessed with a valid Above.com user account.

Automated solutions, including tools, software applications and online systems used to access Above.com user accounts, whois details and any other domain related information, can only be used with permission. Please contact us to obtain permission.

We reserve the right to (i) refuse the provision of Registrar Services to any user, (ii) cancel user accounts and (iii) cancel, change and modify Registrar Services offered to users.

Notices

Notices shall be in the form an email, system message alerts or as a post on the Above.com forum/blog.

By opening an Above.com account you agree to receive emails from Above.com and related entities. You have the ability to unsubscribe at any time.

Termination

Termination for Cause. This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events; (i) If the other ceases to do business, or otherwise terminates its business operations; or (ii) If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days; or (iii) If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or (iv.) If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditor's arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.

Termination for Convenience. You may terminate and cancel your service at any time with the discontinued use of this website.

Warranty

The Above.com Registrar Service relies on many third party Domain Registries, including but not limited to: Verisign, Neustar, PIR, Afilias, Nominet and others.

Above cannot be held liable for delays, data skews or inconsistencies provided by third party providers.

Above cannot accept any liability for interruption of services due to third party service interruptions.

We also warrant that Above.com will not violate any third party contractual obligations in relation to third party providers.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

If for any reason we are held liable, our liability is limited to the amount paid by you for applicable Registrar Services concerned.

Release and Indemnification

Above.com customers releases and forever discharges Above and any related entities from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Above services.

Force Majeure

Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.

Governing Law

This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Above will comply with all applicable laws under this jurisdiction.

Severability

If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.

Inconsistent terms

The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.

Abuse & Complaints Handling

WHOIS Inaccuracy

The complaint should be submitted via our contact form with the Complaint option selected. Be sure to enter the domain name, your email address, your name and describe the whois inaccuracy with as much detail as possible.

Process for Whois Inaccuracy Complaint Handling

The Above.com Abuse team will review your complaint within 24 hours and contact the Registrant of the domain name, asking them to correct the whois details of their domain name within the 7 days.

If the Registrant fails to modify the whois details and/or fails to provide Above.com with sufficient proof that existing or modified whois details are accurate; the domain name will be suspended after the allotted 7 day period has elapsed.

Spam, Malware & Phishing

For domains using name servers containing *.hostingbyabove.com which is used for our cPanel hosting refer to these additional terms. The Above.com Monetization and the Parking Manager service does not provide website or an email hosting service, so the hosting service provider should be contacted regarding any Spam, Malware or Phishing complaints. We are generally unable to action spam complaints regarding domains registered with Above.com or using our Parking Manager service.

Process for Spam Complaint Handling

If you believe the domain owner is actively sending spam emails, please contact the domain's website/email hosting provider regarding any spam complaints.

If the website/email hosting service is uncooperative, please submit a contact form with the Complaint option selected and provide as much information as possible, including the email message and headers.

We will review the email message and headers to determine the origin and suggest how to proceed with reporting the complaint to the appropriate service(s).

If we determine that the domain owner is deliberately hosting malware, phishing or otherwise attempting to scam users in some way, their domain will be suspended immediately.

Fake Pharmaceutical Websites

Above.com understands the danger of websites selling fake pharmaceuticals and takes any such complaints very seriously. Any complaints should be submitted via our contact form by selecting the Complaint option and providing as much information as possible. You should also submit a complaint to the service hosting the website.

Process for Fake Pharmaceutical Website Complaint Handling

The Above.com Abuse team will review your complaint within 24 hours and contact the Registrant of the domain name, asking them to provide copies of appropriate licenses and authorization to sell pharmaceuticals online, within the 7 days.

If Above.com Abuse team receives proof and copies of appropriate documents, we will take measures to determine the authenticity of these documents and if necessary ask for further proof and documents. If we are satisfied that the pharmaceutical website is genuine and legitimate, we may forward the documents and proof to the complainant if authorized by the Registrant.

If the Registrant fails to provide Above.com with sufficient proof that they are authorized to sell pharmaceuticals online, the domain name may be suspended after the allotted 7 day period has elapsed.

Feedback & Complaints Regarding Above.com's Services

Please feel free to submit any feedback via our contact form. We always welcome suggestions and feedback; it helps us improve our services.

If you have a complaint regarding our service, please chat to us via live chat (available during US and Australian business hours) or submit your complaint via our contact form. Complaints submitted via email or our contact form are replied to within 1 business day.

If you are unhappy with the outcome of your complaint, you can request it is escalated. Our senior staff will review the complaint and respond within 5 business days.

Marketplace and Brokerage Terms of Service

1. Definitions. As used in this Agreement, the following terms shall have the following meanings:

• "Company" refers Above.com Pty. Ltd.
• "Buyer" refers to the person(s), entity(ies) or association(s) contracting for the purchase of the domain(s).
• "Seller" refers to the person(s), entity(ies) or association(s) contracting for the sale of the domain(s).
• "Reserve price" is the minimum price in USD that Seller will accept, net of brokerage and escrow fees.
• "BIN price" is the preferred price in USD that Seller will accept, net of brokerage and escrow fees
• "Auction" refers to the sale of Domain Name(s) through a BID or BIN process run by Company for the purpose of Domain Sale(s) of Domain Name(s) covered under this Agreement.
• "Closing of a Sale" or "Close a Sale of a Domain Name" refers to when the following has been completed:
  1. Buyer deposits with the Escrow Company the Purchase Funds based on the Sale Price agreed to between Buyer and Seller in a Domain Sale Agreement, or as a result of an Auction;
  2. the Purchase Funds have cleared;
  3. Seller has transferred the subject Domain Name(s) to Escrow Company for transfer to Buyer or Buyer's designee;
  4. Escrow Company has disbursed the Purchase Funds to Seller or Seller's designee minus the Commission and any other deductible amounts specifically authorized in this Agreement, the Domain Sale Agreement, Escrow Company agreement, or as required by law; and
  5. Escrow Company has distributed the Commission to Company or its designee, and has distributed any other deductible amounts to their appropriate payee(s).
• "Commission(s)" refers to money due to Company from Seller as a result of Domain Sale(s) covered under this Agreement. Commission(s) is/are calculated based on Sale Price(s) except as otherwise stated herein.
• "Escrow Company" refers to Company, or any third party designated and approved by Company to handle the financial and other transactions pertaining to Domain Sale(s).
• "Term of this Agreement." - This Agreement commences on the Effective Date and continues for a period of fifteen (15) calendar days from close of auction.

2. Sellers Representations and Obligations

• Seller represents and warrants that it is the lawful and exclusive registrant of the Domain Name and no other party has any right to registration of the Domain Name or has otherwise made any claim to the Domain Name. Seller further represents and warrants that it has the exclusive authority to enter into this transaction and transfer the Domain Name, free of the claims of any third parties.
• Seller shall ensure that all Domain Name(s) remain in good standing and do not expire before the expiration of Term of this Agreement.
• Upon notification of a Domain Sale, Seller will expeditiously take all actions required to effectuate the Closing of Sale, including compliance with all of Seller's obligations pursuant to this Agreement, the Domain Sale Agreement, the terms of any Auction, and the Escrow Agreement, as applicable within five working days; If you refuse or fail to do so, you agree that a Legally Binding Contract of Sale has been entered into and you acknowledge that the Company is entitled to seek damages and/or restitution under applicable legal statues and you take full liability for all costs, interest, and attorney's fees for such breach of Contract."
• You may not place any bids or offers to purchase the Domain Name that you have listed for sale, either under your own Name, an alias, or any entity in which you maintain a controlling interest.
• Once the Auction has begun, you are bound to an exclusive sales period with the Company, whereby the Seller is obligated to sell the Domain Name(s) if a Buyer agrees to the BIN Price or the Sellers Reserve Price has been met or surpassed.
• You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights. You further recognize that Above.com has no responsibility to determine whether domain names monitored or acquired by others through our site infringe upon any trademarks rights, and you agree to release Above.com and any associated entity from any legal claims asserting such a responsibility.
• Sellers are required to follow the specific rules of domain name registries. Some registries do not allow auctioning or the sale of domains for any amount significantly higher than the registration fee.It is the seller's responsibility to comply with all registries' rules.

3. Buyer Obligations and Warrants

• You warrant that all bids you make are done in good faith and that you have no knowledge of any information, which would affect the validity of the bid.
• You are obligated to pay the Sellers BIN price, should you execute that option in the Above.com Marketplace system.
• Buyer agrees to deposit with the Escrow Company the Purchase Funds based on the Sale Price agreed to between Buyer and Seller in a Domain Sale Agreement, or as a result of an Auction within five working days; If you refuse or fail to do so, you are fully liable for such amounts and hereby authorize Company to pursue you for collection of such amount including your full liability for all costs, interest, and attorney's fees for such collection.
• You are obligated to pay the Sellers the Offer value you have submitted, should the Seller accept your Offer.
• By submitting this contact and any offers, I confirm that neither I, nor the organization on whose behalf I am acting (if applicable), claims any form of legal right to the domain listed. I confirm that my use of this Service and any contact or offers constitutes an express waiver of any applicable intellectual property rights to the domain name and I acknowledge that the domain name owner and registrants are relying on this waiver when electing to receive any contact, any offers and to engage in communications regarding the potential purchase and sale of the domain name.

4. Above.com's Responsibilities

• Company shall have the authority to broker and Close a Sale of Domain Name(s) covered under this Agreement, for an amount equal to or in excess of the Reserve Price or at the BIN Price, without any further authorization necessary by Seller.
• Company shall not be authorized to Close a Sale of Domain Name(s) if the Reserve Price has not been met or exceeded without the written consent of Seller.
• Company shall provide seller provided data to buyer through the auction platform. Company does not warrant or verify any such Seller provided information.
• Company will provide VERIFIED Seller Traffic and Parking Revenue through auction platform, when Sellers domains are in Above.com Monetization system, and Seller authorizes the data's release.
• Company will manage the Escrow Process. Purchased domains will be pushed into the Buyers Above.com Registrar account upon a successful Close of Sale.
• Company will act as "Designated Agent" and is authorized to initiate and approve a Change of Registrant on behalf of the Prior Registrant (seller) and New Registrant (buyer).

5. Brokerage Service

• By opting into the Above.com Broker Service, Sellers agree to pay the Company a brokerage fee of 15% or as agreed of the total sale price for each domain, in the event the domain is sold during the period this Agreement is in effect.
• The Above Brokerage service can be opted in for specific domains and/or for all your domains added to your Above.com user account, and you have the ability to opt out at any time with a 30 day cooling off period so that any pending to be closed domain sales can be finalized.
• Sellers agree to promptly respond to any broker contacts made relating to offers received by prospective buyers.
• You agree and understand that any brokered sales already initiated and started prior to opt out that are completed during the cooling off period, the standard brokerage fee will still be applicable and charged.
• Domain offers received via the Above.com Marketplace are used by our in-house brokers to reach out to both Buyers and Sellers and will negotiate on your behalf to close a sale. Offers in the Above.com Marketplace will still be visible and fully tracked, brokers will however have the ability to make any offer and counter offer adjustments while in the brokerage term of service.
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6. Limitations

• Company reserves the right to reject or decline the brokerage of any domain name, prior to or during the term of this Agreement, at its sole discretion.
• Without limitation of any other remedy, Company reserves the right to suspend, terminate and remove your listing at any time and without prior notice if it reasonably believes that you have engaged in any fraudulent activity in connection with your posting or if Company is of the opinion that you have breached any of your representations under this Agreement, or violated any of the terms of this Agreement or of any of Company policy.
• By submitting a contact form and/or any offers, I confirm that neither I, nor the organization on whose behalf I am acting (if applicable), claims any form of legal right to the domain listed. I confirm that my use of this Service and any contact or offers constitutes an express waiver of any applicable intellectual property rights to the domain name and I acknowledge that the domain name owner and registrants are relying on this waiver when electing to receive any contact, any offers and to engage in communications regarding the potential purchase and sale of the domain name.

7. Fees and Payments

• By entering this Agreement, Seller agrees to pay the Company a domain sales commission fee the greater of either US$20 (or equivalent currency) or 10% or a brokerage fee of 15% of the total sale price for each domain, in the event the domain is sold during the period this Agreement is in effect.
• In the event legal action, suit, or proceeding become necessary due to a breach or failure to abide by any provisions of this Agreement, Company will be entitled to recovery of reasonable costs and expenses (including reasonable attorneys' fees and expenses in addition to connection with the costs of such action, suit, or proceeding fees, in addition to connection with the costs of such action, suit, or proceeding.
• You agree and understand that it is your responsibility to pay any local, state, federal, and/or foreign taxes as that may be due by you as a result of the sale or acquisition of a domain name. Company will not withhold/pay any taxes due by the Seller or Buyer as part of this Agreement.
• Australian clients are subject to Australian GST on top of listed pricing.