Terms of Service

Domain Name Listing Agreement

INTRODUCTION.

This Agreement (“Agreement”) is between DNC Holdings Inc. d/b/a Directnic (the “Service Provider”) and You (the customer of Service Provider). Throughout this Agreement, use of the words ”we”, "us" and “our" shall refer to the Service Provider, and use of the words "your", "registrant", and "account holder” shall refer to You. The term “Program” shall refer to the service described herein as operated by the Service Provider. By using the Program, you agree to be bound to the terms of this Agreement, as well as all terms and conditions incorporated by reference, including but not limited to our Privacy Policy at https://directnic.com/terms/doc/privacy.policy.

This Agreement may be updated or modified by us at any time. Changes will be referenced in a change log available on Directnic.com. If you do not agree with the terms of this Agreement or any of the policies contained herein or on our website, you may discontinue your use and close your account. Your continued use of the Program after posting of any changes constitutes your acceptance of the Agreement. Notice of any changes shall be considered given upon posting and effective immediately on the date posted unless otherwise stated. It is your responsibility to review this page and the change log to ensure you are aware of changes to these terms.

DESCRIPTION OF PROGRAM.

Our Program provides a venue for you to sell your registered domain names. We allow you to list your domain names at a price set by you through your use of the Program. Through your participation in the Program, we will post your listings with various third party vendors to assist in the selling of your domains. Our Program also allows your listings to be sold directly through our system. We are not an auctioneer or an escrow agent. We are not your agent for any transaction involving the selling of your domains. As result, we have no control over the legality of the domain names listed. Domain names listed may be withdrawn at any time by you or by us. We are not responsible, and we further disclaim all liability in the event that any domain name transaction fails to complete for any reason, including but not limited to, instances in which there is a breach by the buyer or seller or is the result of the failure of the buyer or seller to complete the transaction.

We reserve the right to screen domain names prior to listing and we may exclude, in our sole discretion, any domain name for any reason, including, but not limited to: (1) a violation of this Agreement or our Registration Agreement; or (2) an infringement, or potential infringement, of a third party intellectual property right.

NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSE OF FACILITATING THE CHANGE OF REGISTRANT INFORMATION AFTER THE SALE OF ANY DOMAIN NAME, YOU AGREE TO APPOINT US AS YOUR DESIGNATED AGENT FOR THE SOLE PURPOSE OF EXPLICITLY CONSENTING TO MATERIAL CHANGES OF REGISTRATION CONTACT INFORMATION ON YOUR BEHALF.

REGISTRATION OBLIGATIONS.

You agree to accurately complete all forms and requests for information required by us. We are not responsible for any false or misleading information you provide. You agree to notify us within five (5) business days when any of the information you provided as part of the listing process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide us with accurate and reliable information shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by us to determine the validity of information provided by you, shall also be considered a material breach of this Agreement.

YOUR OBLIGATIONS.

You may use our Program to list domain names to which you have ownership rights for sale and are able to transfer in accordance with your obligations under this Agreement. By using the Program for such purposes, you represent and warrant that: i. You have all rights, titles and interests in the domain name necessary to complete the transaction; ii. You have the ability to transfer the domain name free and clear of any obligations, liabilities, liens or encumbrances; iii. The domain name does not infringe on the intellectual property rights of anyone else; and iv. You have the right to transfer the domain name in accordance with your obligations under this Agreement.

You further agree the domain name is not currently or will not in the foreseeable future be associated with a Uniform Dispute Resolution Policy dispute or other such litigation. In the event you are unable to comply or fail to comply with your obligations under this Agreement, we expressly reserve the right to delist any or all of your domain names immediately upon our becoming aware of your failure to comply.

As a seller, you are obligated to complete the transaction if a prospective purchaser commits to purchasing the domain name through a fixed price.

FEES.

Unless otherwise stated on the website, you agree to a 15% brokers fee for facilitating the sale of a domain.

CHANGE OF OWNERSHIP.

To facilitate the change of registrant information associated with the listed domain names, and in accordance with ICANN policy, Seller, at the time of listing the domain names, specifically authorizes and directs us to act as its Designated Agent. As Designated Agent, we will facilitate the transfer and change of domain name contact information for the sold domain names. As such, You grant us the power to explicitly consent to the material change of registrant contact information to facilitate transfer of the sold domain names. If the change of ownership is not able to be completed due to either party’s fraudulent activity or for any other reason, you acknowledge and agree that we shall have no liability or responsibility regarding the same. You agree that the change of ownership is done without representation or warranty of any kind (including, but not limited to, any representation or warranty that a domain name does not infringe upon the intellectual property or other rights of a third party), and we expressly disclaims any liability or responsibility regarding the same.

RIGHT TO MONITOR.

We reserve the right to monitor the Program. You acknowledge and agree that we shall have the right to make public and share with third parties certain information in connection with the sale of domain names, including but not limited to (a) the name of the domain name sold, (b) the sale or purchase price of the domain name sold, and (c) information relating to the timing of the sale or purchase.

OUR RIGHTS AND REMEDIES.

In addition to our rights under the law and pursuant to this Agreement if:

i. You breach this Agreement or any document incorporated by reference; ii. We determine that your actions may pose a risk to us or the Program; or iii. We determine that your use of the program infringes on the intellectual property or legal rights of others.

(i) Place a hold on any pending transactions associated with your account(s); (ii) Limit your access to your account(s) or to any functionality of your account(s); or (iii) Indefinitely suspend or close your account(s) and refuse to provide our Program to you.

Furthermore, you agree and understand that we reserve the right to place a lock on any of your listed domain names until the sale of your domains is accomplished.

PAYMENTS AND FRAUDULENT TRANSACTIONS.

We shall make all reasonable efforts to make payment to you in a timely manner once a bona fide sale of your domain name has taken place. Depending on the location of the purchaser and the third party vendor, we may make payment as early as two weeks or as late as ninety (90) days following sale.

In the event a payment is made to you and it is discovered at any time that the transaction was procured through fraudulent means, we may take any and all necessary steps to recover the payment. In the event a transaction is canceled for fraud, your domain name will be returned to you.

MISCELLANEOUS.

Each representation in this Agreement shall be construed for all purposes to be a separate and independent agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

Any action to enforce or interpret this Agreement shall be exclusively interpreted and governed by the law of the State of Louisiana without regards to any conflict of laws provision. In addition, you agree to submit to the exclusive jurisdiction of the courts located in Jefferson Parish, State of Louisiana in any action arising out of or connected to this Agreement.