JIMMY DOMAIN BROKERS CC TERMS AND CONDITIONS
Jimmy Domain Brokers CC user agreement for access to the website and use of services
PREAMBLE
This Agreement contains the terms and conditions applicable to your use of our services ("Service" or "Services") available under or through the domain, sub-domains, and affiliated domains of www.jimmy.com, (the "Site"). Jimmy Domain Brokers CC is a registered South African company, based in Cape Town.
You must read, agree with and accept all of the terms and conditions contained or referenced in this Agreement, before you may use the Site or the Services or become a registered user of the Site. Do not use or access the Site or the Services of Jimmy Domain Brokers CC if you ("you" or the "user") do not agree to be bound by the terms and conditions of this agreement.
This Agreement is effective upon your first use of the Site for any reason, acceptance of this Agreement by registering as a new user, or the Effective Date given at the end of this Agreement.
You are not permitted to modify, distribute, copy, publish, license or sell any information, resources, products, software, or tangible or intangible services or benefits, gained from the Site, in part or in whole for any purpose whatsoever, unless expressly permitted to do so by Jimmy Domain Brokers CC.
Jimmy Domain Brokers CC will cooperate with legal authorities and Internet service providers in releasing information about users who violate this User Agreement.
By using the Site and/or Services, you are acknowledging Jimmy Domain Brokers CC’s right to disclose any information, material or communication as required in order to satisfy any applicable law, regulation, legal process or government request.
Jimmy Domain Brokers CC is not obligated to monitor the content on the Site, however, Jimmy Domain Brokers CC reserves the right to edit or remove content, or to refuse to post content, either in part or in whole, without notice and at Jimmy Domain Brokers CC’s sole discretion.
1. USER PRIVACY1.(a) Jimmy Domain Brokers CC takes the protection of your personal information and privacy seriously. Therefore your personal information will never be rented or sold to a third party for marketing purposes unless you give your explicit consent for us to do so.
1.1 The Information We Collect
1.1.(a) Jimmy Domain Brokers CC will only collect the information from our users which we require in order to provide the best possible service. We collect information we require within the parameters of all applicable law. This information includes, but is not limited to, full name, title, contact details such as email address, physical address and contact number, and payment method and/or billing information.
1.1.(b) Children (persons under the age of 18) are not permitted to use this site or the services of Jimmy Domain Brokers CC, therefore, they are under no circumstances to submit any personal information.
1.1.(c) Access to most of the Site for browsing purposes, is possible without providing any personal information. However, to access any of the Services, you are required to become a registered User, in which case you may be obliged to provide certain personal information. If you prefer not to provide certain information, you have the option not to, but may not be able to access some or all of the services.
1.1.(d) Should you wish to opt-out of your personal information being used for particular purposes, you are able to select this option when providing the information. You also have the option of retrospectively removing permission for the future use of information, although this will not apply to any previous use of it.
1.1.(e) You may update your profile permissions by updating your User account. Applying the updated parameters may take up to seven (7) working days.
1.2 Why We Collect It
1.2.(a) Behavioral information may be collected in order for Jimmy Domain Brokers CC to gather information which will enable the provision of a superior service for Users, as well as gathering statistical information for research purposes. Personal correspondence either by you or about your Jimmy Domain Brokers CC related activities may be collated in a User specific file. This information will be used for internal purposes only. Information may be examined for an individual user, multiple users, or multiple accounts belonging to one user.
1.2.(b) Websites occasionally use devices for the collection of data which helps to provide a better service to the User and statistical information to the Website. Devices such as these include "cookies" which entail a small file being placed on the hard drive of the user. This file usually automatically deletes at the end of each session. Using this device enables a more integrated service provision, such as the less frequent need to enter passwords. It is possible to decline the use of cookies; however this may limit or slow the services that the user can access. Should third parties such as advertisers use cookies, this is beyond the control of Jimmy Domain Brokers CC, and therefore this agreement pertains only to the use of cookies by Jimmy Domain Brokers CC.
1.2.(c) Jimmy Domain Brokers CC uses any information attained, whether it is submitted or gathered, to either enable the provision of services (including but not limited to: verify data, send information and communications received on a domain such as offers or counter offers, collect payments and make payments) or improve the provision of services (including but not limited to: problem analysis and resolution, dispute resolution, statistical analysis, information provision, unauthorized activity detection and marketing purposes).
1.2.(d) By accepting this Agreement you are agreeing to all of the terms and conditions contained herein, including that we may use the information we have collected in order to both contact you and/or deliver information to you. In some instances this may include the use of targeted communications and/or internet based advertisements, as well as administrative and product related communications.
1.3 How We Protect It
1.3.(a) Your personal information will not be shared with third parties for their marketing activities without the explicit consent of the User, furthermore, the Site is designed to deter others from attempting to collect your personal information either directly or through an automated function such as a robot.
1.3.(b) The information we do share with advertisers is based on non-personal, non-identifiable statistics, which provide information without disclosing the personal details of the Users it is based on.
1.3.(c) All employees of Jimmy Domain Brokers CC have to ascribe to the internal privacy policy and receive training on how to protect the privacy and security of User information. Jimmy Domain Brokers CC uses various security measures, including where appropriate encryption, in order to protect your information. Jimmy Domain Brokers CC will adhere to accepted industry standards in the measures it takes to ensure protection of privacy, however no internet activity or transaction is 100% secure and therefore Jimmy Domain Brokers CC cannot guarantee the absolute security of any information you the User submit to the Site or Jimmy Domain Brokers CC directly. Users submit their information and use the Site at their own risk.
1.4 When We Do Share It
1.4.(a) To ensure that transactions are completed, it may be necessary to share some of your personal information with the other parties involved in the transaction.
1.4.(b) In order to facilitate service delivery, it may be necessary for Jimmy Domain Brokers CC to use third parties. Jimmy Domain Brokers CC will only provide them with your details if the delivery of services depends on their access to these details. All third party affiliates are subject to Jimmy Domain Brokers CC confidentiality agreements and must work within these and all legal parameters. Therefore they are prohibited from using your information for any purpose other than that for which they are contracted.
1.4.(c) They may use your information for other purposes such as marketing, only if you have either given Jimmy Domain Brokers CC your consent for them to do so, or provided them with your details directly. In which case the use of your information will be determined by the parameters of any agreement you have with them.
1.4.(d) In order to provide a complete and integrated service, Jimmy Domain Brokers CC has to share your personal details with certain service providers such as credit card processing companies. These service providers will not use, retain, store or share any of your personal information except for the purpose for which they are given. These service providers will treat your information as if it were submitted directly from a client to themselves, and will be bound by applicable law as well as their own policies, which include at least the same degree of protection as this policy.
1.4.(e) In the unlikely event that Jimmy Domain Brokers CC, or one of the service providers it uses, plans to merge or be taken over by another business, it may be necessary to share some of your information with the merging or acquiring company. Should this happen, the new entity will be required to abide by this agreement in terms of the protection of your privacy.
1.4.(f) Jimmy Domain Brokers CC will cooperate fully with all applicable legal authorities and/or appropriate third parties in order to prevent or investigate fraud, infringement of copyright or intellectual property rights, and/or any illegal activity. If requested to by a valid legal authority, with or without a subpoena or court order, Jimmy Domain Brokers CC will share any or all of your personal information, communications received about you and/or the history of your Site use. Further, if Jimmy Domain Brokers CC believes in good faith that the disclosure of such information to a third party is necessary to prevent suspected or anticipated illegal activities, including but not limited to, infringement of rights, physical harm or financial loss, Jimmy Domain Brokers CC will share your information with these third parties. By accepting these terms and conditions, you are consenting to this and all other clauses contained herein.
1.5 What To Do If You Have A Privacy Related Issue Or Complaint
You can contact a member of Jimmy Domain Brokers CC by one of the following methods:
Email: enquiries@jimmy.com
Fax: +27 (0)86 242 1995
Call: +27 (0)21 553 3165
Snail Mail: 8 8th Avenue, Melkbosstrand, Cape Town, 7441, South Africa.
1.6 How You Use Other Peoples’ Information
In the provision of some services, it may be necessary for Jimmy Domain Brokers CC to provide you with the details of another user. Irrelevant of the way in which or medium through which you obtain another Users personal details, you are permitted to use such information for the following purposes only. You may: communicate with the user in relation to Jimmy Domain Brokers CC and the provision of a service or services, use the services of Jimmy Domain Brokers CC such as Escrow, or for any purpose for which you have the express permission of the other user. You may not use the information for any other purpose, including but not limited to, the sending of unsolicited marketing or commercial messages or material.
Unless provided for in this agreement, or with the written consent of both the User in question and Jimmy Domain Brokers CC, you may not share, sell, transfer or disclose any personal information whatsoever pertaining to another User.
Irrelevant of how or why you have collected another User’s information, you must enable them to review the information you have collected about them, and/or remove their information in part or in whole from your database.
By accepting these terms and conditions, you the User are agreeing that Jimmy Domain Brokers CC and/or other Users may use your personal information, as per this Agreement.
1.7 Managing Your Personal Details
Personal information includes; contact information, domain name information, financial information, passwords and user preferences.
The User can submit, update, add-to or remove your personal information, held by Jimmy Domain Brokers CC, by logging in to their personal user account. In some instances Jimmy Domain Brokers CC may be able to change their details for them, if requested in writing through the Site. For security reasons it is unlikely that their details will be updated based on a request made through a different medium.
Should the User make an offer, bid, counter offer, counter bid or place a posting on the Site, it is unlikely that they will be able to amend or delete it.
Should the User wish to delete your User account, contact information, billing or financial information, Jimmy Domain Brokers CC will do so at your request. They must submit this request in writing to enquiries@jimmy.com. Deletion of their account in part or in whole may take up to 30 days. During this process, their account will be deactivated as requested, however, Jimmy Domain Brokers CC reserves the right to store their information on file for the purposes of concluding any business and assisting with any legal obligations as provided for in this Agreement.
Any information you the User share within forums, either as a post or a discussion thread, are at your own discretion. Jimmy Domain Brokers CC is not responsible for the protection of the information shared in this manner. The User acknowledges that by sharing information in this forum, it may be read, stored, shared by or used by another User and/or any other person accessing the Site. Jimmy Domain Brokers CC cannot control or accept responsibility for the use of information shared in these forums.
This Agreement only pertains to the information the User gives to Jimmy Domain Brokers CC. Should the User share or disclose any information with other parties, irrelevant of their connection with the Site, this is done at the User’s risk. Jimmy Domain Brokers CC cannot and does not influence, control or take responsibility for third party privacy policies.
2. ELIGIBLE USERS
Persons accessing the Site or Services must be at least 18 years old. The parent or legal guardian of an under 18 year old may request special permission
for the under 18 year old to use the Site, by applying in writing to Jimmy Domain Brokers CC, however, no such access can be guaranteed.
If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
You do not have permission to access the Site or use the Services if:
(a) you are not yet 18;
(b) do not have the capacity to enter into contracts; or
(c) you are accessing this Site from any country where material on this Site is prohibited or illegal.
3. ACCEPTABLE USE
Any violation of the Acceptable Use terms described herein may result in Jimmy Domain Brokers CC, at its sole discretion, with or without notice, terminating your access to the Site and/or Services.
3.1 User Accounts
You are allowed to create one (1) user account with Jimmy.com. Your right to use the Site is applicable to you only. You may not use post office boxes,
addresses of office service providers, or value-added service numbers when creating or up-dating your account profile. Jimmy Domain Brokers CC reserves the
right to refuse the use of any account details and request that suitable alternatives be given.
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful, or prohibited by this Agreement.
By using the Site, you are acknowledging that you are an eligible user as per this Agreement, all information that you provide is accurate and complete,
and you will ensure that your information is kept up to date. You, the User, remain responsible for your information at all times.
3.2 Use of the Site and Services
You may not use the Site or the Services to:
(a) publish, distribute, or link to any:
(i) material deemed to be inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful;
(ii) any material or software protected by copyright, intellectual property laws, privacy rights, or other proprietary rights, unless you have legal standing to do so; or
(iii) any material or software that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer.
(b) sell, distribute, disseminate or link to any sites for the marketing, sales or distribution of any goods or services that if sold, would cause Jimmy Domain Brokers CC to violate any law, statute or regulation. This includes but is not limited to: controlled substances, pharmaceuticals, tobacco, liquor, explosives, firearms, ammunition, food that is not packaged or does not comply with all applicable laws, counterfeit, pirated fraudulent or stolen goods, securities or any goods or services that infringe or otherwise violate a third party's rights.
(c) defame, abuse, harass, threaten or otherwise violate the legal rights of others;
(d) conduct, generate or forward illegal competitions, pyramid schemes, junk emails, spam, chain letters, inappropriate or duplicative messages for any purpose whatsoever;
(e) collect information about third parties, including email addresses, without the express consent of such third parties;
(f) restrict or inhibit, interfere with or disrupt the Services or the Site service or servers or network connected to the Site either directly or indirectly;
(g) use a confusing or misleading Domain in connection to the Site;
(h) conduct a prohibited activity. Prohibited activities include, but are not limited to: competitive analysis, data mining, data scraping, the use of robots or spiders, and/or any use with the potential to infringe the rights of any third party.
(i) violate any applicable government laws or regulations, or the rights of any third parties, including, but not limited to, trademark, naming or
publicity rights.
3.3 Violations of Acceptable Use
Jimmy Domain Brokers CC reserves the right to discontinue the Site or Services, in part or in whole, without advanced notice or reason.
You, the User, are solely responsible for maintaining the confidentiality of your password(s) and login name(s) as issued by Jimmy Domain Brokers CC. You
are also solely responsible for any use or misuse of your account or the Services or the Site resulting from any third party using a password or login name
issued to you. You, the User, may be held accountable for any financial or legal implications pertaining to actions taken on your behalf. If the User
believes that their password security or access to the Site has been compromised, they should inform Jimmy Domain Brokers CC and change their password
immediately.
Should you suspect or know of any unauthorized use of your account, threat to the security of the Site or Services or violation of this agreement, you
agree to notify Jimmy Domain Brokers CC immediately.
4. FEES AND TAXES
Creating an account with Jimmy Domain Brokers CC is free. Fees are charged for some of our Services, as set out in the Price List. Unless otherwise stated, all prices are considered to be end prices, inclusive of applicable taxes. Users are given the opportunity to review and accept the applicable fees before transactions are processed. All fees and currency amounts are given in US Dollars, unless otherwise stated.
With the exception of Jimmy Domain Brokers CC’s income tax, Users are responsible for all related taxes. Users are also responsible for all direct and indirect costs related to their use of the Site or Services. Services and/or fees may be added, deleted or changed by Jimmy Domain Brokers CC, at its sole discretion. Changes are considered binding as from the effective date as provided in the price list.
5. GENERAL TERMS OF TRADE
Any potential Buyers or Sellers must, completely and accurately, fill out a User registration form in order to set up a User account.
The term ‘Domain’, where used in these terms and conditions, refers to any rights, website content or URL attached to a domain name.
All domains are subject to a domain registration agreement which exists between the Seller and the Domain registrar or service provider. Domains remain subject to all of the conditions within the domain registration agreement at all times. These conditions may prohibit, limit or impose conditions on to a domain which affects the Sellers rights or ability to transfer it. Jimmy Domain Brokers CC does not in any way, whether in this document or anywhere on the Site, assert that the Seller has any rights to a Domain, other than those rights specified in the domain registration agreement between the Seller and the Domain registrar or service provider.
As a Seller, by listing a Domain, you are stating that:
(a) your domain is listed under the most accurate subject listing;
(b) you own and have the right to sell any rights and/or content attached to the Domain name;
(c) the Domain is registered with the appropriate Domain registrar or service provider and a domain registration agreement exists between yourself and the Domain registrar or service provider;
(d) your registration of the Domain is valid;
(e) your registration is not subject to cancellation, deactivation, rescission or deletion;
(f) the Domain use, past or current, does not infringe the rights of any third party in any way whatsoever;
(g) the Domain is not the subject of any disputes or legal proceedings;
(h) no action has been taken, either by you or against you which would impair your ability or right to transfer the Domain registration;
(i) you will complete the domain transaction with the Buyer, on acceptance of your offer to sell; and
(j) you will not list, or transfer the rights to, any Domain that you do not have the right to transfer.
Names which may violate the offensive domain name clause within this Agreement, or any part of this Agreement, or the rights of any third
person, may not be listed. Jimmy Domain Brokers CC reserves the right to refuse or remove any listing which it deems a violation or potential
violation.
A Seller may not place a bid on their own listing. Nor may they instruct a third party to do so on their behalf. Any and all statistical information of a
domain may not be manipulated in any way whatsoever. Jimmy Domain Brokers CC reserves the right to remove or refuse listings for any domains with
manipulated statistical information or falsified data.
A User may not interfere with Site operations. Any attempts to interfere with the Site, either directly, indirectly or via a third party may result in the
User’s account being deleted and/or the User being banned from the Site and its Services.
By listing a domain, the Seller agrees to ensure that any and all information related to the domain is kept current at all times. This includes immediately
deleting the listing for a domain once it has been sold.
If the Seller is issued with a warning from Jimmy Domain Brokers CC or any third party in relation to the possible contravention of a Jimmy Domain Brokers CC policy or third party right, the Seller agrees to delete the listing immediately and not relist it until such time as they have attained legal clarification as to the status of the domain.
Jimmy Domain Brokers CC reserves the right to reject, remove or blacklist any Domain listing, at any time, without warning or explanation, especially where a violation or suspected violation of this Agreement has occurred.
Depending on that status of the User, Jimmy Domain Brokers CC may, at its sole discretion, place a limitation on the amount of domains the User can place bids and/or offers on simultaneously.
6. OFFENSIVE DOMAIN NAMES
Jimmy Domain Brokers CC is a responsible market place operative and as such wants to ensure that domain names which may be offensive are not traded through Jimmy Domain Brokers CC. Jimmy Domain Brokers CC reserves the right not to list a domain name if it violates this clause of the Agreement.
It is not the intention of Jimmy Domain Brokers CC to restrict free speech or inhibit artistic, social or political expression; therefore Jimmy Dom Com will practice caution when applying these guidelines. That said the following applies without prejudice.
If a domain promotes, advocates or praises: child pornography, racism, violence, illegal activity or religious intolerance, or if it promotes, advocates or praises a website that does, it may not be parked with or traded through Jimmy Domain Brokers CC.
Any such websites which are parked with or listed on Jimmy Domain Brokers CC will be removed once they are reported to or identified by Jimmy Domain Brokers CC. Multiple attempts to list a domain or domains which violate this clause may result in the User Account being canceled and the user being permanently banned from accessing the Site and the Services of Jimmy Domain Brokers CC.
It is important to consider the multiple languages, meanings and interpretations of words, and variety of cultures, of the people that access the services of Jimmy Domain Brokers CC. What is not considered offensive in one language may be considered offensive in another. Jimmy Domain Brokers CC cannot accept responsibility for the offense that anyone may take at a domain listing, but will endeavor to investigate, and if appropriate remove, any domain listing that is reported to them.
Offensive domains can be reported by sending an email through the Site contact page. Details of the domain name and where it appeared should be given so that Jimmy Domain Brokers CC can investigate and take the appropriate actions.
7. BIDDING & PURCHASING CURRENCY
During the bidding process, Users have the opportunity to select the currency for offers or counter-offers for Domains. As soon as both parties have used the same currency for the offer and the counter-offer within a valid bid exchange, this currency shall be considered to be valid until the conclusion of the bidding process.
This currency will be the currency for the final purchase price which the Buyer and Seller purchase agreement will be based on. Any percentage or ratio based fees owed to Jimmy Domain Brokers CC will also be based on this price.
If the given currency is not the same as the currency preference given in the User’s account, then a conversion into the preferred currency will be given once the bidding has concluded. Currency conversion will be rounded to two (2) decimal points and based on the exchange rate of the European Central Bank, as at the time the bidding concluded.
Currencies which may be selected as currencies of preference include US Dollars (USD), British Pounds (GBP), or EUROs (EUR).
8. INTER-PARTY LEGAL RELATIONSHIPS
Jimmy Domain Brokers CC does not own any of the Domains featured or traded on the Site. Nor does it have any influence on the business conduction of any of
the Site Users.
Domain information and content, and the accuracy thereof, remain the responsibility of the User listing the domain, irrelevant of who measures, reports, displays or publishes them.
By accepting these terms and conditions and using the services of Jimmy Domain Brokers CC, Users agree that Jimmy Domain Brokers CC is not responsible for the actions of any Users, including their failure to honor an agreement to buy or sell a domain.
Jimmy Domain Brokers CC is a neutral service facilitator, and as such, shall not be subject to any claims arising from the attempted purchase or sale of a Domain. Jimmy Domain Brokers CC does not accept liability for any actions of any Users, including but not limited to, legal transactions, third party rights violations or copyright infringements.
9. SPECIFIC SERVICES AND APPLICABLE TERMS
Jimmy Domain Brokers CC offers 6 (six) key services, as set out in this Agreement.
9.1 DOMAIN PARKING SERVICE
Jimmy Domain Brokers CC enables Users to Park their unused Domains with Jimmy Domain Brokers CC. Parking requires Users to direct their Domains to a given
URL, as provided by Jimmy Domain Brokers CC. The Domain will then be directed to an automated webpage, created by Jimmy Domain Brokers CC. The webpage may
contain text and/or banner adverts, and should the User wish the sell the Domain, a notification of sale will be displayed with a link to the Jimmy Domain
Brokers CC Domain Database.
At any time, either Jimmy Domain Brokers CC or the User may remove the Domain from the Parking Service without notice.
By parking a domain with Jimmy Domain Brokers CC the User is representing that they are the rightful owner of the domain and that no intellectual property rights will be infringed by the use of the parking services for the domain.
9.1.1 Keywords
When Parking a name, Users are requested to select a keyword which best describes the subject of the Domain name. This is used to inform the selection of advertisements placed on the Domain, targeting areas of interest. Jimmy Domain Brokers CC may, at any time and without notice, change the keyword the Domain is listed under, specifically to improve relevance.
The keyword assigned to the domain will be used to inform the theme of the content and adverts displayed on the parking page for the domain. The more relevant the keyword is the more likely internet browsers are to be interested in the domain itself and/or the content. A higher relevancy could increase the potential for selling the domain and/or a higher rate of clicks on the displayed adverts. Jimmy Domain Brokers CC does not control the content of the adverts that the advertisers link to the domain, and all content is subject to change without notice.
The User may either choose a keyword themselves when listing the domain for parking services, or may request that Jimmy Domain Brokers CC assigns one for them.
Keywords must be relevant to the subject of the domain. Should a domain be assigned an irrelevant keyword it is likely that the content displayed on the site would not be relevant either. Therefore, should it be discovered that a domain has been assigned an irrelevant keyword, Jimmy Domain Brokers CC reserves the right to immediately and without notice, refuse the keyword, change the keyword, remove the domain from the parking service, suspend the User account, and/or delete any click balance which has accumulated.
Keywords can be generic or descriptive, but must not infringe any third party rights such as, but not limited to, copyright and trademark rights. Keywords may not contain any trademark names or terms. Nor may a User select a keyword which when paired with the domain itself, generate advertisements which may infringe copyright or trademark laws. If a User is unsure as to an appropriate keyword, they can request that Jimmy Domain Brokers CC assign one on their behalf. Jimmy Domain Brokers CC reserves the right to refuse to provide parking services to a domain, particularly, but not limited to, when it is not possible to select a relevant keyword without infringing third party rights.
9.1.2 Domain Content
Should a domain and or its content infringe any law, including but not limited to trademark protection, the User is solely liable. Users are urged to research and ensure that their domain, domain content and keyword do not infringe or violate any of the relevant laws and this agreement, before listing it on the Site or for one of the Jimmy Domain Brokers CC services.
When using the parking services provided on the Site by Jimmy Domain Brokers CC Users may not do any of the following:
- Click on links on their own domain pages;
- Request, incentivize or allow anyone else to do so on their behalf;
- Re-direct any traffic whatsoever to their parked domain;
- Assign an irrelevant category, keyword or language to a domain;
- Generate traffic to a domain, or generate an advertising click by:
o Listing on a newsgroup;
o Listing on a discussion board;
o Sending bulk email;
o ICQ postings;
o IRC postings;
o Chat room postings;
o Hitbots;
o Clickbots;
o Spiders;
o iframes;
o Zero pixel frames;
o CGI scripts; or
o Java-scripts.
- Unless preapproved in writing by Jimmy Domain Brokers CC, park a page as a pop-up or pop-under window;
- Without prior consent from Jimmy Domain Brokers CC, modify the parking program code or page in anyway or place it in a frame;
- Make the function of the page misleading; or
- Password protect referring pages.
If the User is found to be doing or have done any of the above mentioned violations or if they do not comply with any of the terms and conditions of this Agreement, the User’s account and all their domains may be removed from the Site and the Services of Jimmy Domain Brokers CC, unpaid earnings may be forfeited, and Jimmy Domain Brokers CC reserves the right to refuse to grant future User rights to that person for any amount of time.
9.2 ONLINE DOMAIN TRADING
Within the terms and conditions set out in this agreement, Users wishing to sell a domain ("Sellers") are permitted to list the domain in the Site’s
Marketplace. You must be a registered User in order to list a domain in the Marketplace. A basic listing is free of charge in most instances (see Price
List). Jimmy Domain Brokers CC does not act as a buyer or seller of domains. Within the context of this specific service offering, Jimmy Domain Brokers CC
does not act as an auctioneer or broker.
Once listed, a User may remove their domain listing from the Marketplace, without notice or cost, providing that the domain is not; the subject of an active negotiation, in the process of being transferred, the subject of a live auction, or subject to any agreement with Jimmy Domain Brokers CC which would be contravened by doing so.
Jimmy Domain Brokers CC will apply a commission charge to completed sales. You should refer to our price list for further information. Before a transaction is completed you will be given an opportunity to review the final transaction value and all applicable fees to be deducted.
Buyers or prospective buyers ("Buyers") can search the Marketplace to look for specific domains or offers. They may then make an offer or bid on one or more domains, as per the terms of this agreement. Buyers must be registered Users of Jimmy Domain Brokers CC. Bids, offers and counter offers will be forwarded to the email addresses that Users provide in the personal information section of their user profile, however Jimmy Domain Brokers CC does not guarantee that any communication will reach the intended recipient.
Once an agreement to sell and buy a domain is reached, both Buyer and Seller agree that the transaction, in its entirety, will be carried out in line with the Jimmy Domain Brokers CC transaction agreement. Furthermore, transactions must follow the transfer and escrow process, as provided by Jimmy Domain Brokers CC.
If a domain registration is likely to expire within a thirty (30) day period of either an agreement to sell and buy the domain, or during the transaction process, the Seller must renew the registration of the domain.
Buyers and Sellers are responsible for any respective costs incurred from registrars and/or service providers.
Jimmy Domain Brokers CC does not guarantee the validity of any domain related statistics, the exact composition of the domain, or any other domain
features. Buyers are required to carefully review the domain listing before submitting an offer. All offers are considered binding for a period of one (1)
calendar week or seven (7) calendar days. If the Seller rejects the offer, accepts another offer or provides a counter offer; or if the binding period
lapses, the buyer’s offer is no longer binding. It is considered to be a new offer if a Seller or Buyer accepts an offer or counter offer after the
binding time period.
When a Seller lists a domain at a fixed selling price, the selling price is considered to be a binding offer made by the Seller to sell at the given price. Should the seller wish to change the price, the price must be changed by the Seller in their user account, and the new price will only be considered valid once it shows in the marketplace. Should a buyer make an offer for the full fixed price, it is considered to be a binding and accepted offer.
Buyers are permitted to make offers on a domain listed at a fixed price, as detailed above. Should a Seller provide a counter offer, the amount of the counter offer is considered to be a fixed price, applicable only to the buyer who made the original offer and only for the binding time period of one (1) week from the time of the counter offer being made.
Occasionally, Jimmy Domain Brokers CC may allow domain names to be listed without a fixed price. Buyers are expected to submit an offer for these domains as a way of initiating an agreed price.
All prices are inclusive of any taxes and/or cost applicable to the Seller and/or Buyer. The given price is considered to be the end price that the Buyer is liable for.
9.3 DOMAIN AUCTIONS
Jimmy Domain Brokers CC offers Sellers the opportunity to auction their domain name. This auction may be initiated in one of two ways. Either the Seller
can list the domain for auction, starting from a given time, or, once a buyer has made an offer on a domain name, the seller can initiate an auction
instead of providing a counter off.
The auction period, unless otherwise agreed by both the Seller and Jimmy Domain Brokers CC before the commencement of the auction, is one (1) calendar week or seven (7) calendar days and is initiated when the Seller lists a domain, which has not been subject to a bid within the previous seven (7) days, for auction, or when they receive the bid which results in the Seller starting the auction. Should the domain be put up for auction within seven (7) days of a bid being placed for the domain, the placing of this bid will be considered the start of the seven (7) day auction period, irrelevant of when within the following seven (7) days the Seller choses to auction the domain. Upon approaching the close of the seventh day, the Auction Period will extend for ten minutes each time a valid offer is placed within the last five minutes of the Auction Period.
If the Seller has initiated an auction as a result of a Buyer submitting an offer, the Buyer’s bid is considered to be the reserve price for the domain. If a higher bid is not received, the Seller is bound to accept the reserve price from the Buyer. By initiating the auction, the Seller agrees to sell the domain to the highest bidder at the end of the auction. If the Seller choses to list a domain for auction without receiving a bid in the seven (7) days prior to this, the Seller may set a reserve price for the domain. Furthermore, the Seller may lower this reserve price at any point during the auction period. The reserve price itself will not be displayed on the auction page.
The current highest bid for a domain subject to an auction will be displayed with the domain name on the bidding page of Jimmy.com. An indication will be
given as to if the current highest bid is higher or lower than the reserve. Buyers are then able to enter the auction, once logged in to the Site, by
placing an offer which is higher than the current highest offer. All bids are considered to be firm offers to buy the domain. At the end of the auction
period, if a bid, including the initial bid which becomes the reserve price, has been received, a legally binding contract exists between the Seller and
Buyer with the highest bid, and the sale of the domain will proceed in accordance with theJimmy Domain Brokers CC purchase and sale agreement and the Jimmy Domain Brokers CC transfer and escrow clause of this Agreement .
The Seller may not cancel an auction once it has commenced. Once an auction is initiated, the Seller is prohibited from selling or attempting to sell the
domain anywhere else for the duration of the auction. Jimmy Domain Brokers CC reserves the right to cancel an auction if they find that the domain
infringes any third party andor intellectual property rights. Jimmy Domain Brokers CC may remove a bid andor remove the Buyer’s account if Jimmy
Domain Brokers CC believes the bid to either be fraudulent or not a bone fide offer. If Jimmy Domain Brokers CC cancels the auction for any reason
whatsoever, no contract exists between the Seller and Buyer.
Jimmy Domain Brokers CC does not guarantee that the auction page for a domain will be accessible for the duration of the auction. Inaccessibility of any
part of the site, for part or whole of the auction duration will not be accepted as a cause for a higher bid not being placed or received.
9.4 DOMAIN SHOWCASE SERVICE
The Showcase Service enables Users to feature their domains on specified sections of Jimmy.com. Domains will be listed on a features section, and displayed on the homepage of Jimmy.com on rotation, for a period of one (1) calendar month. Rotation is constant and therefore the time period that the domain is actually featured on the home page, either at any one time or in total, cannot be guaranteed.
When listing a domain for the Showcasing service, Jimmy Domain Brokers CC will review and approve each listing manually. This process will take up to two (2) working days, and the feature will only appear after approval.
Showcasing may be general or category specific. If showcasing is category specific, the showcased domain will be displayed close to the top of the page for that specific domain category, as well as on the homepage and on the features section.
Domains which are perceived by Jimmy Domain Brokers CC to have adult content will not be featured on the homepage.
The Showcase Service applies only to the website Jimmy.com. No other sites or media will be used to showcase the listed domains.
Domains may only be listed for Showcasing if they have been listed in the Users account. Domains will be displayed according to the language that was used when the domain was listed.
Jimmy Domain Brokers CC offers showcase services at its sole discretion. Domains may not be showcased and may be removed from the showcase service if they are found to contravene any clause of this Agreement, violate third party rights or if for any reason whatsoever Jimmy Domain Brokers CC removes the domain from the service.
The fees for the Showcase service are provided in the Jimmy Domain Brokers CC price list. Prices are subject to change.
9.5 DOMAIN BROKERAGE SERVICE FOR BUYERS
If a User wishes to buy a domain which has previously been registered, the User can enlist the services of Jimmy Domain Brokers CC to assist them with the
process.
Accessing the Brokerage service may only be done with a genuine, good faith intention, to buy the domain in question. Brokerage service may not be used to acquire information, ascertain ownership status, gather or investigate evidence for the purpose of any legal action, or to violate any applicable laws or agreements whatsoever.
If a User wishes to buy a previously registered domain, the User can subscribe to Jimmy Domain Brokers CC’s brokerage service for buyers.
Application must be done either through the appropriate website facility on Jimmy.com or in writing. The information that should be submitted includes, but is not limited to, the User’s name, the domain name to be acquired, the User’s maximum budget excluding fees, an indication of if the User has owned the domain in the past, what the intended use of the domain is and if the User has any trademark or third party rights to the domain. If the User has previously communicated with anyone in relation to or negotiated for the domain, they must inform Jimmy Domain Brokers CC at the point of application. The nature and outcome of such must also be disclosed to Jimmy Domain Brokers CC. The User should also state their preferred currency and payment method, at the point of application. By applying for the Jimmy Domain Brokers CC Brokerage service, the User is agreeing to be bound by these terms and conditions.
Jimmy Domain Brokers CC may request further information from the User before accepting the information. By accepting this agreement, the User acknowledges that the delivery of this service is not guaranteed. Jimmy Domain Brokers CC will review all applications before either agreeing to provide a brokerage service, or declining the application. Should Jimmy Domain Brokers CC assess the application and decide that the outcome of a brokerage attempt is unlikely to succeed based on the maximum price, they may contact the User to suggest an increase in maximum price before they commence negotiations or officially decline the service application. The usual time period for assessing an application for this service will be three (3) working days.
Jimmy Domain Brokers CC reserves the right to decline applications for any reason whatsoever, including but not limited to, a low probability of the domain being successfully acquired. Should the application be declined, the User will not be liable for any fees or commissions. Pending acceptance of application, Jimmy Domain Brokers CC will act as exclusive broker on behalf of the User, with the goal of negotiating the purchase of the domain and overseeing the transfer process. On acceptance of the User’s application, the flat rate brokerage fees will be deducted from the User’s preferred payment method. Further fees and commissions may become due during or after the completion of the acquisition process.
Once an application for Jimmy Domain Brokers CC’s brokerage service for buyers has been received, Jimmy Domain Brokers CC will assign a dedicated broker to that User. The domain broker will then, using the contact details provided in the User’s account, contact the user to discuss the process and an approximate schedule. By applying for the service the User is consenting to Jimmy Domain Brokers CC representing them throughout all negotiations for the domain.
Approval of application to this service does not guarantee the availability of the name, the willingness of the owner to sell it or Jimmy Domain Brokers CC’s ability to procure it.
Should the broker be successful in negotiating the acquisition of the domain, within the maximum budget stipulated, the User agrees to the sole implementation of the Jimmy Domain Brokers CC standard purchase and sale agreement. In the event that the domain seller insists on the implementation of different purchase and sales terms and conditions, it is the buyers sole responsibility to procure legal services to review, draft, reconcile or otherwise implement the new terms and conditions. The buyer is responsible for any legal fees arising from this.
By applying for this service, the User agrees that upon a successful negotiation, the payment for and transfer of the domain will be conducted through Jimmy Domain Brokers CC’s transfer and escrow service. Furthermore, the User agrees to pay all fees and commissions associated with the transaction and provision of service.
Jimmy Domain Brokers CC does not offer, provide or substitute any legal services whatsoever.
9.5.1 Cost
Fees and commission may be applicable to this service, the User should consult the pricelist for details. Please note that the price list may be subject to change without notice.
This service may be terminated at any time by Jimmy Domain Brokers CC for any reason whatsoever, including but not limited to the availability of the name, the availability and willingness of the owner, the participation of the buying User, or the user rescinding on the maximum budget for the domain.
Should the User fail to respond to three (3) consecutive email reminders, or rescind on the maximum amount for the domain, the brokerage service for buyers will be deactivated and the broker will not pursue the domain further. The User will remain liable for any and all applicable fees, including any commission which would have been due to Jimmy Domain Brokers CC based on the agreed sales price, if a sale was agreed to before the User rescinded.
Users agree that when entering into an agreement with Jimmy Domain Brokers CC for the provision of brokerage services, the user is giving Jimmy Domain Brokers CC the authority to act on their behalf give consent on their behalf and to enter into a legal relationship with the third party. Jimmy Domain Brokers CC will always act in good faith and endeavor to provide the best possible outcome for the User.
It is the User’s responsibility to furnish the Jimmy Domain Brokers CC’s broker with a concise brief of their expectations of the service, which may include but is not limited to, minimum and/or maximum price, time line for sale/purchase, or any other requirements. This should be provided before or within the brokerage Agreement.
By engaging the brokerage service of Jimmy Domain Brokers CC, the User is giving Jimmy Domain Brokers CC authority to act on their behalf in the negotiating for, budgeting for, and sales or acquisition of the domain. The User acknowledges that Jimmy Domain Brokers CC will assess and pursue the best interests of the User, whilst endeavoring to conclude the sale and acquisition of the domain for the fairest price.
Jimmy Domain Brokers CC represents thousands of different domains, whether parked, listed or brokered with Jimmy Domain Brokers CC. Some of these domains may pose as direct or indirect competition with the User’s domain. The User hereby accepts that Jimmy Domain Brokers CC represents such domains, and shall not consider the representation of these domains to be acting in bad faith.
In some instances, Jimmy Domain Brokers CC may act as a broker for both buyer and seller of a domain. The User is hereby notified of and consents to Jimmy Domain Brokers CC acting as a dual agent for buyer and seller.
These terms and conditions apply irrelevant of whether the brokerage is ultimately successful or not.
Jimmy Domain Brokers CC’s confidentiality clause applies to all Users of this service. Unless otherwise instructed by the User, their anonymity will remain. No personal information is released for public record. Personal information is usually displayed in the User’s profile.
Jimmy Domain Brokers CC may publish the domain name and final sales price. On request, Jimmy Domain Brokers CC may, at its sole discretion and for an additional fee, agree to block the domain name and/or price information from future publication.
Fees for this service are provided for in the Jimmy Domain Brokers CC pricelist. The initial fee and any further retainer fees are non-refundable, regardless of the outcome of the brokerage service, however, if the service is unsuccessful, the User will not be liable for any further fees or commission.
No advance notice is required for any prospectively-effective change in the provision of Domain Brokerage services or related fees.
9.6 DOMAIN TRANSFER AND ESCROW SERVICE
Once a Seller and Buyer have agreed on a Domain sale, Jimmy Domain Brokers CC provides a standardized purchase and sale contract. Furthermore, Jimmy Domain Brokers CC assists by holding the purchase amount in Escrow on behalf of the Buyer, whilst the Seller completes the Domain transfer. Once the Domain transfer is completed, Jimmy Domain Brokers CC then deducts any fees owed to itself by the Seller, and transfers the balance of the purchase amount to the Seller.
In some instances and at the sole discretion of Jimmy Domain Brokers CC, the identity of the Buyer and/or Seller may remain anonymous until after the Domain transfer is complete. However, should the anonymous party not fulfill their legal obligations; Jimmy Domain Brokers CC will share their details with the other party and/or any appropriate authorities.
Jimmy Domain Brokers CC will send an escrow transfer request to the Buyer once a sale has been agreed on. On receipt of this request, the Buyer is obliged to transfer the full amount requested to the Jimmy Domain Brokers CC Escrow account.
On receipt of the full amount requested, Jimmy Domain Brokers CC will issue detailed instructions to both parties, and provide basic support, in order to assist with the process of transferring the Domain. However, Jimmy Domain Brokers CC is not liable for the failure of either Buyer or Seller to execute the necessary steps for Domain transfer. Should either the Buyer or Seller fail to complete the actions required for Domain transfer, and/or provide full cooperation throughout the process, this may be viewed as a material breach of contract.
Once the Buyer’s details are reflected on the Domain registry, and the Buyer has gained technical control of the Domain, the transfer process will be considered complete. In some instances, Jimmy Domain Brokers CC may take technical control of a Domain on a temporary basis, in which case Jimmy Domain Brokers CC’s details will be reflected on the Domain registry.
Once the Domain transfer process is complete, Jimmy Domain Brokers CC will release the Escrow funds, minus fees, to the Seller. All transfer amounts are to be done in the preferred currency, as indicated in the User account. Jimmy Domain Brokers CC will issue notice of the converted amount to be transferred, should a purchase price be negotiated in a different currency.
Should the transfer fail, the full amount of funds transferred to Escrow will be refunded to the Buyer, unless the failure to transfer the Domain is as a direct or indirect action of the Buyer. If Domain transfer failure is as a direct or indirect result of the action of the Seller, the amount will be refunded in full to the Buyer, and the Seller will then be liable for any service fees incurred.
Jimmy Domain Brokers CC may cancel the Domain transfer process if either or both the Buyer and/or Seller fail or refuse to fulfill their obligations after Jimmy Domain Brokers CC has issued three (3) communications via email.
Once the purchase amount has been received by Jimmy Domain Brokers CC, and the transfer process initiated, neither the Buyer nor Seller may request that the payment or transfer be cancelled. Should a dispute be initiated during this process Jimmy Domain Brokers CC may, at its discretion, provide a set time period for both parties to resolve the dispute. Should the dispute remain unresolved beyond this time period, Jimmy Domain Brokers CC may complete the transfer and escrow service, as per the initial agreement.
Fee structures are provided in the Jimmy Domain Brokers CC Price List. If this service is provided as a result of the Domain being listed on the Domain database, the Seller is liable for the service fees. However, if this service is provided as a result of the Domain being acquired through the Jimmy Domain Brokers CC Brokerage service, the Buyer is liable for the service fees.
Additional fees may be incurred, depending on the details of each transaction, specifically, but not limited to, the registrar provider and the registration renewal date if this falls within a thirty (30) day time period from the completion of transfer date.
Jimmy Domain Brokers CC reserves the right to publish details of the Domain name, highest bid and/or final purchase price on the Website or any other place. Requests not to publish this information may be considered by Jimmy Domain Brokers CC if submitted in writing, however, non-publication is not guaranteed.
All Users acknowledge that Jimmy Domain Brokers CC will not be held liable for any damages whatsoever which occur as a direct or indirect result of a
delayed or failed Domain transfer, unless the delay or failure is a direct result of malice or gross neglect on behalf of Jimmy Domain Brokers CC. Jimmy
Domain Brokers CC accepts no liability for a delay or failure of the transfer process which occur as a result of either party failing to provide the
required information and/or failing to accept the transfer documentation.
Please note that when providing this domain transfer and Escrow service, Jimmy Domain Brokers CC does not act as a broker, buyer, seller or a
representative of such. Jimmy Domain Brokers CC does not offer any sort of legal service whatsoever. Any legal agreements beyond the standard Jimmy Domain
Brokers CC agreements must be sourced externally from a bone fide legal service provider. Jimmy Domain Brokers CC does not accept responsibility for the
verification of any Domains or Domain related information, and as such cannot provide warrantees as to the existence or absence of conflicting third party
priority, trademark or other rights. Buyers and Sellers are solely responsible for verifying any and all aspects of the Domain.
10. INDEMNIFICATION & LIABILITY DISCLAIMER
Irrelevant of who provides the hyperlink, Jimmy Domain Brokers CC holds no responsibility whatsoever for the content of any third party website linked to Jimmy Domain Brokers CC. Jimmy Domain Brokers CC cannot and does not warranty or guarantee the suitability, accuracy, authenticity or legality of any content on any site which is linked in anyway with Jimmy.com. A link to a third party site does not act as a recommendation or endorsement of the products or services of any third party site or their sponsoring organization.
Jimmy Domain Brokers CC disclaims any and all warranties whatsoever whether expressed or implied, this includes but is not limited to fitness for a particular use, merchantability and/or non-infringement.
By accessing the Site and registering as a User, the User agrees that the use of jimmy.com and any or all services is at their own risk. All Users of the Site whether registered or unregistered are solely liable for any damages whatsoever which may arise as a result of them accessing the Site or services, downloading content, data or any material, or using any of the services. Neither Jimmy Domain Brokers CC nor any of its directors, employees, suppliers or affiliates shall be liable for any loss of profits, or incidental, consequential or special damages which arise from or are in connection with Jimmy Domain Brokers CC, the use of jimmy.com or the use of any or all of the services, or this agreement, in any event whatsoever, including but not limited to negligence.
Services are provided on an ‘as is’ basis. Availability of any or all services is not guaranteed. Uninterrupted, secure, timeous, error free services are not guaranteed or warranted. Jimmy Domain Brokers CC does not provide a warranty that services will meet User requirements, or as to the results of any or all services, or as to the reliability or accuracy of any information displayed on or linked to the Site.
Irrelevant of the clauses herein, Jimmy Domain Brokers CC gives no warranty that the listed domains have been registered, or that Users parking, listing or selling a domain are in fact the legal owner and/or authorized licensee of the domain. Furthermore, Jimmy Domain Brokers CC gives no warranty or guarantee that either the seller can sell and/or transfer the domain, or the buyer may purchase and/or use the domain without violating any third party rights. Any advice which the User obtains from Jimmy Domain Brokers CC or through jimmy.com will not be considered to create any warranty whatsoever which is not expressly stated therein.
Except where prohibited by law, any claim or action related to or arising from this Agreement, jimmy.com, or Jimmy Domain Brokers CC services, must be
commenced within one (1) year from the cause of the claim or action; otherwise such claim or action is permanently barred, regardless of any law or statute
to the contrary.
Under any circumstance any liability of Jimmy Domain Brokers CC, or any of its representatives, to the User or any third party is limited to the sum of
$100.
By agreeing to this Agreement, using the site and/or registering as a User, the user is agreeing to indemnify and hold Jimmy Domain Brokers CC and any of their representatives harmless from any third party claim or demand including attorney fees, which arise due to the users use of the site or services, the users’ violation of third party rights, the users’ violation of any law or the users’ breach of this Agreement.
11. INTELLECTUAL PROPERTY
All rights not expressly given herein are fully reserved by Jimmy Domain Brokers CC and their affiliates, licensors and advertisers.
Jimmy Domain Brokers CC owns any and all content available on or collected through Jimmy.com. This includes data, information and services. Jimmy Domain Brokers CC, jimmy.com and all Jimmy Domain Brokers CC affiliates and licensors are protected internationally by trademarks, copyrights, patents, service marks and other propriety laws and rights. Where referenced on jimmy.com, the products, services or materials of any third party are registered trademarks, service marks or common law trademarks of the party.
In order for Jimmy Domain Brokers CC not to violate the Users’ rights when using their personal information, the User hereby grants Jimmy Domain
Brokers CC the right to exercise the copyright, publicity and database rights to their personal information contained within their user account. Therefore
granting a sublicense right, in any media either known or un-known at present, to their personal information, which is worldwide, perpetual, non-exclusive,
irrevocable and royalty-free.
According to European Law, the User must notify Jimmy Domain Brokers CC of any claimed copyright infringement. If a User believes that there has been a
copyright infringement against their intellectual property through the jimmy.com Site or related Services, they must immediately notify Jimmy Domain
Brokers CC in writing by furnishing the following details:
- The User’s name and User account details;
- The User’s contact details such as email address, postal address and contact number;
- The location of the alleged infringement, including the URL;
- A comparison of the infringed material and/or where to find it; and
- Details of the relationship between the User and the owner of the allegedly infringed work.
Jimmy Domain Brokers CC and jimmy.com as well as any products and names of other companies mentioned herein and/or on the Site or via the Services may be trademarks of the respective owners.
All contents of the Site are: Copyright © 2011 Jimmy Domain Brokers CC, jimmy.com and/or its suppliers. All rights reserved. Any rights not expressly granted herein are reserved by Jimmy Domain Brokers CC.
Jimmy Domain Brokers CC manages high volumes of domains, making the verification and monitoring of each and every domain implausible, despite the best efforts of Jimmy Domain Brokers CC. Often, trademark and intellectual property law is dependent on details which are impossible for Jimmy Domain Brokers CC to review for each domain, therefore, the domain owner has and hereby accepts the responsibility to monitor their rights in relation to the domain, and file a violation complaint with Jimmy Domain Brokers CC if they suspect another User has violated their rights.
Jimmy Domain Brokers CC may only accept and respond to complaints regarding the violation of rights from the domain owner concerned, or the owner’s legal representative.
11.1 Reporting Infringement
If a User believes in good faith that a domain parked with, listed with or being brokered by Jimmy Domain Brokers CC infringes their intellectual property rights, including but not limited to trademark or copyright, they must lodge a signed complaint, in writing, with Jimmy Domain Brokers CC.
Once a complaint has been received, Jimmy Domain Brokers CC will issue notification to both the domain owner and the complainant, outlining the nature of the complaint. The domain owner must respond in writing within three (3) days. Jimmy Domain Brokers CC has a further seven (7) days to review the complaint and the counter communication from the domain owner, and to make a decision as to whether to remove the domain in question or not, at which time both the complainant and the domain owner will be notified via email.
If Jimmy Domain Brokers CC decides to remove the domain from the Site database, the User must submit written proof of ownership of the domain which is not subject to legal dispute, in order to have it relisted.
If Jimmy Domain Brokers CC decides not to remove the domain from the Site database, the complainant may only resubmit their complaint if they can provide new facts which were unknown during the initial complaint.
12. DOMAIN OWNERSHIP
The majority of domains featured on Jimmy.com are owned and controlled by individual Users. At no point during the transactions does Jimmy Domain Brokers CC take control or ownership of the Users’ domains.
Jimmy Domain Brokers CC has a vested interest in the protection of domain ownership rights and therefore takes domain theft and hijacking very seriously.
Domain hijacking is illegal and involves the use of fraud or an improper means of changing the registration information of an unexpired domain with the intention of taking control of the domain.
If a User suspects that their domain which is parked or listed with Jimmy Domain Brokers CC has been hijacked, they should immediately contact Jimmy Domain Brokers CC in writing. In order for the appropriate action to be initiated the User’s written submission should:
- Be on company letterhead if on behalf of a company; or
- Ensure that the communication includes all contact information if on behalf of an individual.
Furthermore, it should contain at least:
- The domain name and when it was first registered by the User;
- Details of the most recent registration or renewal of the domain;
- When the User last had control of the domain, to the best of their knowledge;
- When and how the User discovered it had been stolen;
- If known, the name and any other details of the person that now has control of the domain;
- The following statements:
o “I, in good faith, believe that [domain name] has been removed from my control unlawfully, and that the current registrant used fraudulent means to obtain it”;
o “I have initiated a legal action” and/or “The domain registrar is currently investigating my complaint with the aim of recovering the domain’.
On receipt of such, Jimmy Domain Brokers CC will investigate and provide an outcome within seven (7) working days.
13. TERM & TERMINATION
Users will remain eligible users indefinitely unless and until their status is terminated by either themselves or by Jimmy Domain Brokers CC. Jimmy Domain
Brokers CC reserve the right to terminate a User’s status, this agreement and their access to the Site immediately, at any time and for any reason
whatsoever.
The User will not have access to any information or data that they had previously submitted, created, managed or stored on Jimmy.com, if their user status
is terminated. Jimmy Domain Brokers CC is not obligated to manage such information or data.
User obligations pursuant to the clauses on acceptable use, fees, indemnification & liability disclaimer, intellectual property, term & termination
and general shall survive the termination of the Users right to use the Site and this Agreement.
14. GENERAL
Jimmy Domain Brokers CC is a Seychelles Company, the Site and all related services are operated from South Africa. By agreeing to this agreement, you are
acknowledging the jurisdiction and venue of the courts located in South Africa. These courts will preside over all disputes or actions related to Jimmy
Domain Brokers CC.
You may only use the Site from within a jurisdiction which gives effect to all the provisions contained within this agreement.
This agreement does not constitute any kind of partnership, employment contract, agency agreement or joint venture between Jimmy Domain Brokers CC and you whatsoever.
Jimmy Domain Brokers CC will operate in accordance to the law; this agreement does not negate any law or legal obligation for either Jimmy Domain Brokers CC or the User. Should any part of this agreement be found to be invalid according to applicable law, then the invalid provision is deemed superseded by a valid provision which most closely results in the intent of the original provision. The remainder of the agreement remains in effect without bias.
This agreement constitutes the entire agreement between Jimmy Domain Brokers CC and the User, and supersedes any and all prior agreements, proposals or communications of any kind whatsoever. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes.
Any failure of Jimmy Domain Brokers CC to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or
provision. At any time, Jimmy Domain Brokers CC may, at its sole discretion and without providing notice or obtaining User consent, assign this entire
Agreement or delegate some or all of its responsibilities hereunder.
15. AMENDMENTS TO THIS AGREEMENT
Amendments to this agreement may be made by Jimmy Domain Brokers CC, at any time, by posting the amended Agreement on the Site. Except as stated below, all
amended terms shall be effective at 12:01 am on the Effective Date. Beyond this provision, this Agreement may not be amended or modified except in writing
signed by you and Jimmy Domain Brokers CC.