Posting Date: 16 February 2012
Effective Date: 16 March 2012
FOLLOWING ARE THE TERMS ON WHICH SEDO OFFERS YOU ACCESS TO OUR DOMAIN PARKING SERVICE.
This is the User Agreement (the "Agreement" or "User Agreement") that contains the terms and conditions ("T&C") applicable to your use of online Domain Parking Service ("Service" or "Services") as described and available under or through the domain, sub-domains, and affiliated domains of www.sedo.com (collectively, the "Site") IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Service. This Agreement is effective upon the earlier of: (i) your first use of the Service for any reason; (ii) the Effective Date noted on the posted version of the Agreement. Sedo may elect to discontinue offering the Service, or any portion thereof, at any time for any reason, with or without advance notice.
1. Modification of This Agreement
Sedo may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 AM on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site, or upon your access to the Site and Services after the posting date, whichever occurs first. The posting date and effective date for this Agreement are noted at the top of this document. Except as provided in this Section 1, this Agreement may not be amended or modified except in a writing signed by you and Sedo.
2. Acceptable Use
At all times your use of the Service must be in compliance with this Agreement and the Acceptable Use Policies posted on the Sedo website under Policies, which are hereby incorporated by reference. If you violate the Acceptable Use terms described herein, Sedo may, in its sole discretion, with or without notice, terminate your access to the Service.
As a condition of your use of the Service, you warrant to Sedo that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
3. Domain Parking Service
3.1. Description of Service
Domain Parking is an optional service for Users to "park" their undeveloped domain names in order to generate revenue and increase the chance of a sale. To use Domain Parking, the User must forward his/her Domain to a Nameserver specified by Sedo and enter the Domain in their Sedo account. As the registered owner of the Domain(s), the User is solely responsible for any content directly or indirectly displayed by directing the domain to Sedo's Services.
Sedo's Domain Parking Service is free of charge for Users. Users are responsible for all fees related to their registration and use of the Domain.
3.3. User Obligations
Users who utilize the Domain Parking Service are obligated and solely responsible for verifying that their use of the Domain Parking Service with his/her Domain(s) does not and will not violate the rights of any third parties, including, but not limited to, trademark rights, naming rights, and rights protected by unfair competition laws. In addition, should User receive notice from a third party regarding their use of Sedo's Domain Parking Service, the User is obligated to immediately cease their use of the Domain Parking Service for the respective Domain and contact Sedo and provide any relevant information related to such notice.
USER HEREBY INDEMNIFIES SEDO IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST SEDO IN RELATION TO USER'S VIOLATION OF THESE OBLIGATIONS.
3.4. Notice of Potential Violation of Third Party Rights
In the event that Sedo has been notified by a third party that a User's use of the Domain Parking Service may infringe the rights of a third party, Sedo reserves the right to immediately suspend the Domain Parking service without prior notice and to prohibit the User from using the affected domain(s) with the Domain Parking Service.
3.5. Advertising Keywords
Users who use the Domain Parking Service must select an advertising keyword for each of his/her parked Domains that is related to the subject matter of the Domain and which controls which advertisements appear for the respective Domain. All keyword selections must comply with Keyword Selection Policy, which is hereby incorporated by reference and subject to revision from time to time. User agrees not to select advertising keywords likely to cause the display of content infringing the rights of any third party. Sedo reserves the right to disable advertising keywords at any time, without notice, and at its sole discretion to ensure non-infringement of any third-party right, or violation of Sedo's Offensive Domain Policy.
3.6. Generation of Click Balance and Payment
If a mode of domain traffic monetization, like an advertising banner, advertising link, or redirect to an advertiser website, has been activated in compliance with the Rules for Domain Parkers by an internet user on the webpage of User's Domain(s) that he/she has listed with the Sedo's Domain Parking Service (“Monetization Event”), then a click balance shall be credited to the User's account in an amount and at a time determined at Sedo's sole discretion ("Click Balance").
DOMAINS THAT ARE NOT ADDED TO A SEDO USER ACCOUNT DO NOT ACCUMULATE A CLICK BALANCE.
The total Click Balance generated shall be paid out to the User, so long as there are no indications of "fake" or manipulated traffic, as defined below, or active legal disputes in relation to User's use of the Domain Parking Services, at an interval and in the manner as described in the Rules for Domain Parkers. If a Click Balance is not redeemed by the User within twelve (12) months after being generated, then the Click Balance shall expire and is no longer credited to the User Account.
In accordance with the Rules for Domain Parkers, Sedo reserves the right to reject payment requests to unconfirmed PayPal accounts. In addition, Sedo reserves the right to demand verification of User identity before releasing Click Balance payments to said User.
User Click Balances resulting from use of the Domain Parking Service are subject to revision for reasons including, but not limited to, accounting corrections from Sedo's advertising providers or revisions to rates per click. Sedo will only pay Click Balances that correlate to the actual share of revenue that we actually receive from our advertising provider.
In the event that Sedo discovers a mistake in a month's Click Balance already paid to User, the User agrees to cooperate with Sedo to correct the accounting discrepancies, including returning any unearned Click Balance mistakenly paid, so long as Sedo attempts to contact the User within 30 days of discovering the mistake.
PLEASE BE ADVISED THAT STATISTICS DISPLAYED IN YOUR ACCOUNT, ON THE SEDO MARKETPLACE OR OTHERWISE COMMUNICATED TO YOU BY SEDO ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT REFLECT REAL TIME ACCURATE ACCOUNTINGS OF DOMAIN STATISTICS OR CLICK BALANCE.
3.7. Suspicion of "Fake Traffic" and Consequences
"Fake" or otherwise manipulated traffic is hereby defined as statistically measured visits to a Domain causing the Monetization Event associated with said Domain, which have been produced by anyone other than a living individual with good-faith intent to inquire about the subject matter being displayed on said Domain.
Upon reasonable suspicion that a User's Click Balance is the result of Fake Traffic, Sedo reserves the right, without prior notice and at Sedo's sole discretion, to delete any or all of the accumulated Click Balance for a User Account, to deny any or all of the User's Domain(s) from utilizing the Domain Parking Service, and/or suspend or delete the User's account. Nothing herein shall prevent Sedo from pursuing any claim of damages against the User in relation to their violation of this Section 3 or the Domain Parking Specifications and Guidelines.
3.8. Right to Terminate Service
Sedo reserves the right to terminate or discontinue provisions of the Domain Parking Service at any time, without reason and without prior notice to the User.
3.9. Limitation of Liability and Warranty Disclaimer
Sedo does not guarantee the success of the search for the domain monetization model associated with the advertising keyword specified by the User. Furthermore, Sedo does not guarantee specific click rates or click prices which User hereby recognizes fluctuate dependent upon market forces.
SEDO IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS) THROUGH THE DOMAIN PARKING SERVICE. USER IS SOLELY RESPONSIBLE FOR THE CONTENT DISPLAYED ON USER'S DOMAINS. SEDO AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT. DOMAIN PARKING STATISTICS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SEDO MAKES NO GUARANTEE AS TO THE ACCURACY OF ANY STATISTICAL INFORMATION PROVIDED.
3.10. Intellectual Property
Sedo and its advertising providers maintain all right, title and interest, including without limitation all intellectual property rights relating to the Domain Parking Service. Any rights not expressly granted herein are reserved. User shall not, and shall not allow any third party to: (a) modify, adapt, translate, prepare derivative works from, decompile (except to the extent allowed by law), reverse engineer, disassemble, or otherwise attempt to derive source code from the Domain Parking Service, the advertising links, or any other technology or documentation obtained from the Domain Parking Service; (b) crawl, index or in any non-transitory manner store or cache information obtained from the Domain Parking Service; or (c) engage in any action or practice that reflects poorly on Sedo or its advertising partner.
Users should be aware that Sedo is not the editor of the parking pages it provides to its users. However, Sedo maintains all associated intellectual property rights, including, but not limited to, copyright rights in the design elements in such pages as they are published.
THE USER HEREBY INDEMNIFIES SEDO IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST SEDO IN RELATION TO USER'S VIOLATION OF THESE OBLIGATIONS.
4. Term and Termination
Sedo may terminate this Agreement at any time, with or without cause, and with or without notice. Upon termination, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in Sedo's systems. Sedo is under no obligation to maintain any such data or information.