1. DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT
1.1 Description of Service. The site is a place for you to view our sponsors' advertisements for various goods and services and to bid on possible acquisition of the domain name associated with the Site. The Service is hosted in the United States.
1.2 Age Requirement. You must be at least eighteen (18) years old to use the Service.
2. MODIFICATIONS TO TERMS
2.2 Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with ATN at all times. In addition, we encourage you to check back regularly to review these Terms at least once every thirty (30) days. We also recommend that you add the acquirethisname.com domain to your list of trusted senders in order to avoid our emails being caught by any spam filters.
3. MODIFICATIONS TO SERVICE
We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any content from the Service at any time without notice to you, including removal of content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal.
4. PROHIBITED CONDUCT
You must not do, or attempt to do, any of the following, as reasonably determined by ATN, subject to applicable law:
(a) access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
(b) access, tamper with, or use services or areas of the Service that you are not authorized to access;
(c) alter information on, or obtained from, the Service;
(d) tamper with content belonging to ATN or its licensors;
(e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Service, extract data, gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising such as "junk mail," "spam," or "chain letters";
(f) frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose except as expressly permitted in writing by ATN;
(g) impersonate or misrepresent your affiliation with any person or entity, or otherwise the Services under any alias, through an agent or under any pretext(s);
(h) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
(i) send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient; or
(j) take any action that might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
5. MONITORING OF SERVICE; RESOLUTION OF USER DISPUTES.
ATN is under no obligation to restrict or monitor the Service in any way. ATN DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON THE SITE. However, we reserve the right, but do not undertake the obligation, to modify or remove any content at any time. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of ATN. ATN neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.
6. PROTECTION OF CONTENT
6.1 License by ATN to You. You must respect the intellectual property laws protecting our Service. ATN grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights ATN have in the Site and content thereon, to privately display and perform such content on your computer for your own personal, noncommercial purposes.
6.2 Reservation of Rights. On its own behalf and the behalf of its licensors, ATN reserves all rights in the Site and content thereon, including any software, not expressly granted in this Section 6. ATN does not in any way grant any other rights to you. Except as expressly stated in this Section 6, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content, including any software, without prior written consent from ATN or other third-party owner of the rights in that content (if any).
8. TERMINATION OR CANCELLATION
8.1 Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service or block your access to the Service if:
(a) we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of ATN, our users, or any other person; or
(b) requested by law enforcement or other government agencies.
8.2 Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or, if we have your email address, by sending a communication to any address (email or otherwise) that we have for you in our records.
9. DEALINGS WITH MERCHANTS; LINKS
9.2 Transactions with Third Parties. Your transactions and other dealings with third-party merchants or advertisers that are found on or through the Service, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
You agree to hold ATN, and its subsidiaries, affiliates (for example, those listed at www.demandmedia.com), officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the "Indemnified Persons"), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (a) your access to and use of the Service and the Site content; (b) your violation of these Terms, and any applicable law, or the rights of another person or party; (c) any dispute you have with any user of the Service, and any dispute you have related to any merchant or advertising found on or through the Service; (d) ATN's resolution (if any) of any dispute you have with any user of the Service; and (e) any disclosures made with your permission.
11. DISCLAIMER OF WARRANTIES
ATN PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATN MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION OR CONTENT INCLUDED IN THE SERVICE. ATN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
12. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
13. CUSTOMER SUPPORT
We have no obligation to provide you with customer support of any kind.
14. NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, ATN will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least thirty (30) days, we encourage you to visit the Site at least that often. You also authorize ATN to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to any email address that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by ATN via electronic mail, whether or not received by you. ATN may provide notice to any e-mail or other address that you provide to us. You must keep your address current and any notice sent by ATN to the address that you have most recently provided is effective notice. You must send us any notice by faxing it to our line for Legal Notices, which is:
Acquire This Name, Inc.
Attn: Legal Department
Fax: (425) 298-2784
15. ADDITIONAL TERMS
15.1 Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent, or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees, and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
15.2 Compliance with Laws. You are responsible for compliance with applicable local laws. Access to the Service and Site by certain persons or in certain countries may not be legal.
15.3 No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third-party beneficiaries of these Terms.
15.4 Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
15.5 Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of ATN. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of ATN will be null and void. ATN has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
15.6 Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
15.7 Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive.
15.9 No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
15.10 Choice of Law/Consent to Jurisdiction. You agree that all services performed under these Terms are wholly conducted in Washington State and that your access to the Site or use of the Services via any computer outside of Washington State does not constitute ATN's purposeful availment of any jurisdiction in which your computer is connected to the Internet. You agree that this Agreement is governed by the Laws of Washington State, without regard to its conflicts of laws principles, and you further consent to the exclusive jurisdiction and venue of the Courts located in Seattle, Washington, to hear any disputes arising out of your access to the Site or use of the Service.
15.11 Good Faith. You agree that all domain names offered for sale through the Service are offered by ATN in good faith. You acknowledge and agree that the advertisements posted on the Site are generated by third parties and all such advertisements shall be considered by ATN a good faith use of the domain name associated with the Site.
If you have a complaint, you may contact us at firstname.lastname@example.org. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
YOU MAY VIOLATE FEDERAL LAW IF YOU: (A) INITIATE THE TRANSMISSION TO ANY COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (B) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE REGARDING TRADEMARKS
The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Service content. All rights are reserved.
NOTICE REGARDING COPYRIGHT OWNERSHIP: © Acquire This Name, Inc. All rights reserved.
Acquire This Name Privacy and Information Security Policy
Effective Date: May 19, 2008
This Acquire This Name Privacy and Information Security Policy ("Policy") discusses the personally identifying information ("PII") that we collect about you when you use our website http://www.acquirethisname.com (the "Site") and the other services we provide on or through the Site (together with the Site, the "Service").
Who We Are. We are Acquire This Name, Inc. ("ATN," "we," "us," or "our"). The Site is a popular place to bid on domain names. In conducting our business, as further described below, we collect information, including PII, about the individuals who use the Service.
1. INFORMATION YOU GIVE US
1.1 The Types of Information ATN Collects. We collect any information you enter on the Service or give us in any other way (such as through an email). The information that we collect varies depending upon how you use our Service. Our domain name bid process requires that you provide us with your first name, last name, email address and phone number. If we accept your bid, we may also request other information such as your birth date, gender, home address, billing address, state of residence, zip code, credit card number or PayPal account number.
1.2 Information in Public Areas of the Site. We may post content you submit in the comment section of your domain name bid, such as reviews or comments, on the Site, and we may use such content for advertising and marketing purposes. Subject to your prior written approval, we may post or publish your comment in connection with your name.
2. AUTOMATIC INFORMATION COLLECTION
2.1 Cookies. Like many websites, we use "cookies". Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser. We use persistent, identifying cookies to remember your information and to link your activities to you. While you can take steps to warn of, block or disable cookies, the Service may not function and appear as we have designed it if you do. Nonetheless, if you want to take these steps, you can do so by following the instructions associated with your browser. Our cookies do not collect PII that you provide to us during the bid submission process, but they do collect other information such as:
(a) the domain name and host from which you access the Internet and the Internet address of the site from which you direct-linked to ours;
(b) the date and time you access the Site and pages you visit;
(c) your computer's IP address and information about its operating system, platform and the Web browser type and version you use;
(d) demographic and other non-personally identifiable profile information about you; and
(e) information to combat fraud or misuse.
2.2 Pixel Tags. In our emails to you, we use "pixel tags" to determine if your email software or service can display html-formatted email (this helps us optimize the size of our email messages and conserve bandwidth).
3. ATN's USE AND RETENTION OF YOUR INFORMATION
3.1 Use of PII. We use your PII for such purposes as responding to your requests, monitoring and providing the Service, providing you with advertising and non-advertising content that we believe would be of interest to you, enforcing our rights and the rights of third parties and investigating and ensuring compliance with the Terms as stated below. We also may use your PII to email you communications about the Service.
3.2 Use of Other Information. We use non-PII for purposes such as measuring the number of visitors to sections of our Site, making the Service more useful to visitors and delivering targeted advertising and non-advertising content. We use IP addresses to analyze trends, administer the site, track a user's movement, and gather broad, demographic information for aggregate, non-personally identifiable use.
3.3 Retention of Information. We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.
4. ATN'S SHARING OF INFORMATION
ATN shares information with third parties, but only as described in this Section 4.
4.1 Advertisers and Others. We share non-personally identifiable information and PII with advertisers, service providers, and other persons with whom we conduct business. Conversely, these advertisers, service providers, and other persons may share with us non-personally identifiable information about you that they have independently developed or acquired. These third parties may directly contact you about additional products and services.
4.2 Service Third Parties. We contract with affiliated and non-affiliated third parties to provide services to us or to you on our behalf. Examples include providing marketing assistance, providing customer services, sending ATN-related email to you, removing repetitive information from customer lists, and analyzing data. These third parties have access to personal information needed to perform their functions.
4.3 Business Transfer. As we develop our business, we might sell or buy businesses or their assets, or engage in acquisitions, mergers, restructurings, changes of control, or similar transactions. In such transactions, customer information generally is one of the transferred business assets, and your PII is subject to such a transfer. Also, in the unlikely event of a bankruptcy, customer information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.
4.4 Affiliates. We may share PII, non-personally identifiable information and other information with our corporate affiliates. Some of our most significant affiliates are identified on the website of our parent company, Demand Media, Inc. (www.demandmedia.com). Corporate affiliates are those entities that we control or are under common control with us and any joint venture in which any of the controlled entities may participate from time to time. Any use of your information by our corporate affiliates is subject to this Policy or another policy no less protective of your privacy. Conversely, we may obtain PII, non-personally identifiable information, and other information from our corporate affiliates, or from your visits to other websites that we or our corporate affiliates control.
4.5 Compliance and Safety. We may release PII when we believe release is appropriate to:
(a) comply with applicable law, and to respond to legal process including subpoenas, search warrants and court orders, and to respond to or otherwise address written complaints of copyright infringement;
(b) make disclosures under programs intended to prevent potential crimes or investigate persons;
(c) enforce or apply agreements, including the Terms; or
(d) protect the rights, property, or safety of ATN, our users, or others, including exchanging information with other companies for fraud protection and credit risk reduction.
5. INFORMATION SECURITY
5.1 Your Obligations. You must protect against unauthorized access to your computer. Please sign off when finished using a shared computer. Your emails to us are not necessarily secure against interception so do not include sensitive information in them. YOU MUST DO WHAT YOU REASONABLY CAN TO ENSURE THE SECURITY OF YOUR PERSONAL INFORMATION.
5.2 Our Security Measures. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access to, maintain data security of, and correctly use your information. HOWEVER, WE DO NOT GUARANTEE SECURITY. Neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes or fail to follow policies. If applicable law imposes any non-disclaimable duty (if any), you agree that the standard used to measure our compliance with that duty will be one of intentional misconduct.
The Service contains links to other sites. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of every website that collects your personally identifiable information. This Policy applies only to information collected by the Service.
We reserve the right to send you customary business communications such as acceptance/rejection notices regarding domain name bids, general system and administrative messages and address confirmations, and we may not offer you the opportunity to opt-out of receiving such communications.
8. ACCESS AND RECORD KEEPING
Information relating to our programs is not necessarily maintained in a retrievable form. However, we may allow you to make changes, corrections or updates to some PII provided through the Service, which we use for communications with you. We may keep a record of all information that is changed, and we may determine what may be changed. For example, if we are required to keep track of certain kinds of transactions, you may be prevented from changing relevant information.
9. CONDITIONS OF USE, NOTICES, AND REVISIONS
9.1 Privacy Concerns. Your use of the Service and any dispute over privacy is subject to the Terms as stated below. If you have any concern about privacy at ATN, please send us a thorough description to email@example.com and we will try to resolve it. If you think we are in default of the Terms, you may contact us at Our Legal Notices Address in Section 10 below.
9.2 Notice Required by Law. In those jurisdictions that permit email notice, if we are required to disclose or provide notice of invasion of certain security systems, we will do so by email to the most current email address provided by you to us. It is critical that you keep your email contact information correct and updated with ATN at all times.
9.3 Identity Theft. If you believe that you are a victim of identity theft, entitled by law to request information from us, write us at our Legal Notice address (see the next section of this Policy) and we will let you know what additional information you must provide to us. After we have received that information, we will supply, without charge, the information legally required to be disclosed that we then have, subject to applicable law and reserving all of our rights and defenses.
10. CONTACT INFORMATION AND INFORMATION ABOUT ENFORCEMENT OF OUR POLICY
Copyright © 2007 Acquire This Name, Inc. All rights reserved.