TERMS AND CONDITIONS auctions

TERMS AND CONDITIONS auctions

AUCTION AGREEMENT

Pre-Deliverance Auction
Expired Domain’s Club

THE FOLLOWING DESCRIBES THE TERMS ON WHICH UVQ OFFERS YOU ACCESS TO OUR AUCTION SERVICES.

Welcome to the Auction Agreement (the "Agreement" or "Auction Agreement") for UVQ auctions. This Agreement describes the terms and conditions applicable to your use of our auction services available under the domain and sub-domains of UVQ's site (the "Site") and the general principles for the websites of our subsidiaries. If you do not agree to be bound by the terms and conditions of this Auction Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this Agreement, the Registration Agreement and the Privacy Policy, before you may become a user of UVQ auctions. We strongly recommend that, as you read this Auction Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an UVQ user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other UVQ websites will be governed by the Registration Agreement and Privacy Policy posted on those websites.

We 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 immediately after they are posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and UVQ. This Agreement is effective upon participation in any auction.

1. Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended UVQ users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.

2. Fees and Services.
Joining and bidding on domain names at UVQ is free. We do charge fees for listing domain names for sale through our auction Site and when you list a domain name you have an opportunity to review and accept the fees that you will be charged. In addition, we charge for registration of any domain name(s) that you would like to register if you become a successful bidder in one of the auctions. We may change our fees and credits policy and the fees for our auction services from time to time. We may choose to temporarily change our fees and credits policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

3. UVQ is a Venue.
3.1 UVQ is not an Auctioneer. Although we state that the Site includes online auctions, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to offer, sell, buy and register domain names, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as "online auctions" or "auctions." We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of domain names from the seller to the buyer.

3.2 Fixed Price Marketplace. We also offer you the availability to register domain names at a fixed price from the Site.

3.3 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, UVQ cannot and does not confirm each user's purported identity.

3.4 Release. Because we are a venue, in the event that you have a dispute with one or more users auctioning a domain name, you release UVQ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

4. Bidding and Buying. As a buyer, you are obligated to complete the transaction with the seller:

o if you purchase a domain name through one of our fixed price formats; or

o if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless the transaction is prohibited by law or by this Agreement.

Bidding rules: Bidding rules vary by auction and type of auction. You must read the rules for each particular type of auction prior to bidding (see below).

Buy It Now. At some point during an auction, a buyer may be offered the option to use the Buy It Now feature. This option allows any buyer to obtain the domain immediately unless there is a Proxy Bid for the domain name which is equal to or higher than the price level when the Buy It Now option is selected.

Reserve. When a domain name is listed for a private or public auction, UVQ may set a secret reserve price (the "Reserve Price"). If the highest bid does not meet that Reserve Price, then UVQ is under no obligation to sell the domain name to the then highest bidder.

Except for special rules that may apply to certain domain names, in which case, those special rules may be posted next to the domain name(s) and will be the controlling auction rules, the following additional rules apply to each of the below types of auctions:

Public Auction: Participation is open to all UVQ users that have agreed to the terms of this Agreement. If you bid any UVQ Points, and if no one else places a bid that is more than your bid at the expiration of the auction time, you will be awarded the auctioned domain name and charged the Bid amount and registration fees.

Reverse Auction: Participation is open to all UVQ users that have agreed to the terms of this Agreement. The starting bid will vary depending on the person listing the domain name. The starting price in the reverse auction will stay at the starting price for eight (8) hours; thereafter, the bid will be periodically reduced by five (5) Points. These rules are subject to change. You can only increase your Bid once the public reverse auction begins, you cannot reduce it. Anyone can select the Buy It Now option during a reverse public auction and will obtain the domain name unless there is a Proxy Bid for the domain name which is equal to or higher than the price level when the Buy It Now option is selected.

Private Auction: Participation is limited to certain UVQ users that have agreed to the terms of this Agreement. If you bid any UVQ Points, and if no one else places a bid that is more than your bid at the expiration of the auction time, you will be awarded the auctioned domain name and charged the bid amount and registration fees.

By bidding on a domain name, you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless you and the seller agree otherwise, you will become the lawful holder of the domain name upon physical receipt of the item from the seller, in accordance with Ca. Com. Code 2401(2) and Uniform Com. Code 2-401(2). Bids are not retractable except in exceptional circumstances as set forth herein.

5. Listing and Selling.
5.1 Listing Description. You must be legally able to transfer the domain name(s) you list for auction on the Site. You must list your domain name(s) and all terms of auction on the listing page of the Site.

5.2 Binding Bids. If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated as the seller to complete the transaction with the highest bidder upon completion of the auction, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

5.3 Fraud. Without limiting any other remedies, UVQ may suspend or terminate your account if we suspect that you(by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

5.4 Manipulation. Neither you, bidders nor sellers may manipulate the price of any domain name nor may you interfere with the listings and/or transactions of other users.

6. Your Information.

6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

6.2 Restricted Activities. Your Information (or any domain names listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the transfer of hijacked or stolen domain names; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or; (g) create liability for UVQ or cause us to lose (in whole or in part) the services of our suppliers.

6.3 License. Solely to enable UVQ to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. UVQ will only use Your Information in accordance with our Privacy Policy.

7. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We understand clearly that you and Your Information is one of our most important assets. Our current Privacy Policy is available here. If you object to Your Information being transferred or used in this way please do not use our services.

8. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

9. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

11. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of domain names.

12. No Agency.
You and UVQ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

13. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to UVQ Attn: Legal Department P.O. Box 50583, RPO Carrefour Pelletier, City of Brossard, Province of Quebec, Canada J4X 2V7. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to UVQ during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

14. Resolution of Disputes. In the event a dispute arises between you and UVQ, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and UVQ agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

14.1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either you or UVQ may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Canadian Arbitration Association in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Montreal, Province of Quebec or where the defendant is located (in our case Montreal, Quebec, and in your case your home address or principal place of business). You and UVQ agree to submit to the personal jurisdiction of the courts located within the district of Montreal, Province of Quebec.

14.3 Alternative Dispute Resolution. Alternatively, UVQ will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in the district of Montreal, Province of Quebec or another location mutually agreed upon by the parties.

All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

15. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: Privacy Policy, Registration Agreement, Expiry Domain’s Club Agreement Pre-Deliverance Agreement

16. Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except for the Privacy Policy for which we will provide you with thirty (30) days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

17. General.
This Agreement shall be governed in all respects by the laws of the Province of Quebec as such laws are applied to agreements entered into and to be performed entirely within Quebec between Quebec residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by UVQ in accordance with Section 16 "Notices", in our sole discretion; Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 6.3 (License), 9 (Liability Limit), 10 (Indemnity) and 14 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.

Disputes between you and UVQ regarding our services may be reported to Customer Support.

The Expiry Domain’s Club Service Terms and Conditions -

1. The Expiry Domain’s Club : The Expiry Domain’s Club service is a service for UVQ resellers and retail customers. By participating in the service, you represent that you have read and agree to the terms of this Expiry Domain’s Club Agreement and the Auction Agreement. The terms of this service may change from time to time. You agree that your continued use of the service notwithstanding such changes constitutes your agreement to such changes.

UVQ will make available to all subscribers of the Expiry Domain’s Club service a list of domain names which are scheduled to become available ("Expired Domains") and the approximate date the Expired Domains are scheduled to become available to the general public (the "Release Date," typically a date in the near future). We will generally try to make the list of Expired Domains available for download five (5) days prior to the Release Date of the Expired Domains.

As a reseller subscriber to the Expiry Domain’s Club service, each day you will be allowed to select up to five hundred (500) Expired Domains you want to acquire. Retail subscribers are allowed to select up to ten (10) Expired Domains per day until becoming a Verified Bidder (as defined below), at which time the limit is raised to five hundred (500). To become a Verified Bidder, retail subscribers must complete a Verified Bidder form (which can be obtained by submitting a support ticket on our website) and UVQ must accept and approve of your Verified Bidder status.

On their Release Date, UVQ will attempt to register the Expired Domains which are then in the Expiry Domain’s Club List of the subscribers. Other than your "Bid" (discussed further below), you will not be able to place any conditions on the inclusion of a domain in your Expired Domain List; a domain is either on or off of your Expired Domain List (e.g., no conditions like, "Get me domain abc.com unless I get def.com first"). The list of Expired Domains will be updated frequently; it will be your responsibility to monitor the list of Expired Domains and update and maintain your Expired Domain List. You may only add to or edit Expired Domains on your Expired Domain List, up to five (5) days in advance of the Release Date, but not later than 10 AM, Eastern Standard Time for COM and NET domains, and 1200 UTC for ORG domains, on the Release Date for the Expired Domains.

2. Bidding rules: You will have to place an initial Bid on the Expired Domains in your Expired Domain List (the "Pre-Bid"). The minimum Pre-Bid is sixty (60) Points (for retail customers - this and subsequent references to "Points" should be understood as referring to an equivalent number of dollars). Your initial Pre-Bid may only be withdrawn before 10 AM, Pacific Standard Time for COM and NET domains, and 1200 UTC for ORG domains, on the Release Date, and it may not be withdrawn if it is for greater than the minimum. In other words, if your initial Pre-Bid is for thirty-five (35) or more Points, you may not withdraw it; if you make an initial Pre-Bid of sixty (60) Points, you may only withdraw you your Pre-Bid prior to 10 AM, Eastern Standard Time for COM and NET domains, and 1200 UTC for ORG domains, on the Release Date. Pre-Bids may not be retracted or reduced once submitted, except for those circumstances noted above. If two parties place the same Pre-Bid on a domain name, the party who placed the Pre-Bid first will have priority.

Pre-Bid increments, in Points, are in increments of five (5), up to a maximum Pre-Bid of ten thousand (10,000) (the maximum is two-hundred (200) Points for non-verified retail subscribers.)

o Pre-Bid Permutation A. If no one else lists the same Expired Domain in their Expired Domain’List, and if the Expired Domain is acquired by us, you will be awarded the Expired Domain and charged the Pre-Bid amount plus registration fees.

o Pre-Bid Permutation B. If at least two Expired Domain’s Club subscribers have the same Expired Domain in their Expired Domain List, and if the Expired Domain is acquired, then a private auction will take place among only those subscribers. The starting Bid during the private auction will be the highest Pre-Bid.

o Pre-Bid Permutation C. If an Expired Domain is acquired that was not on any Expired Domain List(s), the Expired Domain may be available to subscribers (within 2 to 5 days) as part of the "Expired Domain Deals" service. Any subscriber can select the Buy It Now option during the Expired Domain Deal service which lasts approximately ten (10) hours. The Buy It Now price is $10 (plus any registration fees). Typically, this service is daily from 1:00 AM PST to 11:00 AM PST but actual times may vary.

o Private Auction Bid amounts (subsequently referred to simply as "Bids") and Expired Domain’s List Pre-Bid amounts will be visible to the other participants. Bids will be accepted for three days (72 hours) from the start of the private auction. If any bids are placed on a name within the last one hour of the auction end time, the auction end time will be extended by one hour from such bid. This process will repeat and the auction will be extended until there are no new (higher) Bids in the last one hour of the auction. Private Auction bids are in increments of ten (10) Points up to a bid of one hundred (100) Points, and then in increments of one hundred (100) Points, up to a maximum bid of one hundred thousand (100,000) Points (maximum bid is two hundred (200) Points for non-verified retail subscribers). Your domain name registration fee will NOT be added to your Bid amount to determine whether you have the highest Bid. Be aware that if the winning bidder does not pay, then the next-highest bidder and such party's Bid will then become the new starting Bid in a public auction (additional details, below). If you are the next-highest bidder and if there are no other participants in the private auction, then you will be awarded the domain name.

o Proxy Bidding: A Proxy Bid service is provided for the private auctions, but not with respect to listing domains in Expired Domain’s Lists (the Pre-Bidding). With a Proxy Bid, you enter the maximum amount you are willing to pay for the Expired Domain. During the bidding process, the Proxy Bid service will add one bidding increment to the next highest Bid and make this your new, higher, Bid. If the other participants then increase their Bids, the Proxy Bid service will then add another bidding increment to the next highest Bid, and so on, up to the maximum amount of your Proxy Bid. Proxy Bid amounts will not be visible to other participants, though if another party attempts to place a Proxy Bid below that of an existing Bid or Proxy Bid, such party will be notified that there is a higher Bid. All Bids placed on Private Auctions (and all other auctions), are automatically treated as Proxy Bids.

o Fees. By creating a Expiry Domain’s List, you consent to be charged the bidding fees as described above if you are a successful bidder, plus any registration services fees. If a Expired Domain Club subscriber obtains the registration services in relation to an Expired Domain, but the subscriber does not have enough funds to satisfy the domain name registration fees and Bid amounts (in addition to the fees incurred in your other transactions with UVQ), then UVQ will attempt, approximately every six (6) hours, over the course of approximately one hundred twenty (120) hours (forty-eight (48) hours in the case of the "Expiry Domain Deals" service), to debit your UVQ account or, for retail customers, your credit card for the necessary funds. If the subscriber is a reseller, UVQ may, in UVQ's sole discretion, debit these amounts against any commissions which may be owed to such subscriber. It is your responsibility to be aware of the Points in your account or, for retail customers, the status of your credit card information. UVQ may, but is not required to, alert you regarding a shortage of funds in your account or an inability to charge your credit card. If UVQ is not able to obtain the necessary funds within approximately one hundred twenty (120) hours of the award of the registration services for an Expired Domain (forty-eight (48) hours in the case of the "Expired Domain Deals" service), then you forfeit any claim to the registration services for such Expired Domain and you will be charged a ten (10) Point processing fee for each such Expired Domain. The one exception to this is for Bids of five thousand (5000) Points or more. For large Bids such as these, we will give you seven (7) calendar days to make a wire transfer payment to your account sufficient to cover the entire outstanding balance of your account (a credit card account refill will not qualify.) If we are not able to obtain the necessary funds, in addition to the above, UVQ may hold a public auction of the registration services for the Expired Domain; the public auction will be open for three (3) days and will follow the same procedures outlined above, except that any Expired Domain Club subscriber may participate other than the subscriber who was not previously able to pay. The starting Bid during the public auction will be the next highest Bid from the private auction.

In addition to the foregoing, you agree that the terms of the Registration Agreement shall apply to all payments and amounts owed in relation to your use of the Expired Domain’s Club service (including in relation to the ten (10) Point processing fee described in the foregoing paragraph), including, without limitation, provisions in the Registration Agreement which describe our remedies in the event that we experience a credit-card charge-back or similar dishonoring of another form of payment in relation to Expired Domain’s Club services.

o The Registration Agreement: When you create your Expired Domain’s List, you understand that UVQ may succeed in obtaining the right to offer registration services for one or more of the Expired Domains; therefore, in creating your Expired Domain’s List, you are also agreeing to the terms of the UVQ Registration Agreement, available on our web site. Additionally, if you select the Buy It Now option, you are also agreeing to the terms of the UVQ Registration Agreement. It is important that you read and understand the Registration Agreement because, for example and without limitation, you are agreeing to pay for all service fees for the Expired Domains in question and you are agreeing to indemnify UVQ in the event that a third party claims that there are infringement or other ownership issues regarding registration services provided by UVQ in relation to Expired Domain(s) which you list in your Expired Domain’s List and which UVQ ultimately obtains. UVQ occasionally works with other registrars ("Cooperating Registrars") in providing the Expired Domain’s Club service. When we work with a Cooperating Registrar, occasionally a Cooperating Registrar may provide the registration services for an Expired Domain, in which case you must agree to the terms of the Cooperating Registrar's registration agreement. You may obtain the Cooperating Registrar's registration agreement by doing a WHOIS lookup on the Expired Domain, navigating to the registrar's website, and finding the registrar's registration agreement thereon. If the Cooperating Registrar does not have a registration agreement, you agree that the terms of the UVQ Registration Agreement shall apply. By subscribing to the Expired Domain’s Club service, you also agree to this practice, even if you have not yet had an opportunity to read the Cooperating Registrar's registrant agreement. Generally speaking, UVQ will attempt to move the acquired Expired Domains from the Cooperating Registrars to UVQ sixty (60) days after the Release Date. Generally speaking, UVQ will attempt to allow you to manage the acquired Expired Domains from within your UVQ account. However, you may be obliged to establish a relationship with the Cooperating Registrar in order to manage an Expired Domain acquired through the Expired Domain’s Club service.

o NO GUARANTEES; ALL FEES NON REFUNDABLE: UVQ provides no guarantees in relation to the Expired Domain’s Club service. You acknowledge and agree that the Exired Domain’s Club service is provided as a courtesy and you are using it at your own risk. By way of example, and without limitation, the list of Expired Domains may be inaccurate, may be communicated to you at the wrong time, or your Expired Domain’ List selections or Bids may not be received or recorded by UVQ in a timely manner. In addition, unexpected problems inevitably arise with complex software and communication systems and the Expired Domain’s Club service is being provided "AS IS" with no warranties or guarantees whatsoever. Difficulties and delays may be caused by UVQ, the registry, or a third party. For example, and without limitation, a registry may tell UVQ that a particular Expired Domain was acquired by a particular registrar when it really was not. Whether or not these difficulties and delays are caused by UVQ, you agree that you will not hold UVQ responsible or accountable in any way. Even when the technical systems operate flawlessly, registering domains under these circumstances involves a significant amount of luck. You agree that you will not hold UVQ responsible for any failed attempt to obtain a domain name and that all fees charged in relation to the Expired Domain’s Club service are non-refundable, regardless of the circumstance and regardless of the outcome for you.

o LIMITATION ON LIABILITY: YOU AGREE THAT UVQ WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY (1) SUSPENSION OR LOSS OF DOMAIN NAME REGISTRATION SERVICES IN RELATION TO A DOMAIN NAME(S) REGISTERED IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES MAINTAINED BY ; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND UVQ's CONTROL; (8) THE PROCESSING OF A DOMAIN NAME REGISTRATION APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. ALSO UVQ WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF UVQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UVQ's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME IN QUESTION, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

o Order of Attempts: You agree that UVQ will have the sole discretion to determine the order in which UVQ will attempt to acquire Expired Domains (of particular relevance is when more than one Expired Domain have the same Release Date.)

o No Exclusivity: You agree that UVQ is not providing the Expired Domain’s Club service exclusively to you. Multiple subscribers to the Expired Domain’s Club service may include the same Expired Domains in their Expired Domain’s List.

o Termination: UVQ may terminate or discontinue the Expired Domain’s Club service at any time and for any reason without notice, either generally with respect to all subscribers or with respect to specific subscribers. You agree that your failure to abide by the terms of any other agreement between you and UVQ shall give UVQ cause to terminate your participation in the Expired Domain’s Club service immediately.

o Governing Law and Venue: This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Canada and the Province of Quebec, as if the Agreement was a contract wholly entered into and wholly performed within the Province of Quebec. Any action to enforce this Agreement or any matter relating to your use of the UVQ website or services provided to you by UVQ or subsidiaries of UVQ shall be brought exclusively in the Canada District Court for the District of Montreal, or if there is no jurisdiction in such court, then in a provincial court of the Province of Quebec. You consent to the exclusive personal and subject matter jurisdiction of such courts and agree that exclusive venue therein is proper. You agree that service of process on you is considered accomplished if UVQ emails a faithful reproduction of the relevant documents to the email address associated with your UVQ account and sends, via regular first class mail, a copy of the relevant documents to the physical address associated with your UVQ account.

Pre-Deliverance Service Terms and Conditions

1. The Pre-Deliverance Service: The Pre-Deliverance service is a service for UVQ resellers and retail customers. By participating in the service, you represent that you have read and agree to the terms of this Pre-Deliverance Agreement and the Auction Agreement. The terms of this service may change from time to time. You agree that your continued use of the service notwithstanding such changes constitutes your agreement to such changes.

UVQ may make available for auction certain Expired Domain names ("Pre-Delieverance Expired Domains"). Pre-Deliverance Expired Domains are those domain names that have expired and have not yet been (but may be) redeemed by the former registrant. This is a way for users to register domain names that they are interested in before they are deleted.

2. Bidding rules: Pre-Deliverance auctions are three (3) day reverse auctions that begin at an initial bidding price of at least one hundred twenty (120) Points. The initial bidding price remains for the entire first day of the auction. Thereafter, it is lowered in five (5) Point increments periodically until the domain name is purchased or the three (3) day auction period has lapsed. Bids may not be retracted, withdrawn or reduced once submitted. If two parties place the same Bid or Proxy Bid on a domain name, the party who placed the Bid or Proxy Bid first will have priority.

3. Billing and Escrow Holding Period: Once the auction has closed, the successful bidder will have five (5) days in which to pay UVQ the bid price of the Pre-Deliverance Auctioned Domain name and any applicable registration fees. If the successful bidder fails to make timely payment for the domain and any applicable registration fees, UVQ reserves the right to place the domain back into another public auction, award it to the next highest bidder or do whatever it deems necessary or advisable.

Upon receipt of timely payment, the Pre-Deliverance Auctioned Domain name then enters an Escrow Holding Period. The Escrow Holding Period lasts for thirty (30) consecutive days. During this period, there is a "lock" put on the domain name until the expiration of the Escrow Period, which means the domain cannot be transferred to anyone, nor can the contact information in WHOIS be changed or updated to anyone other than the successful bidder. Furthermore, during the Escrow Holding Period, the former UVQ registrant (the UVQ registrant who registered the domain name prior to the Pre-Deliverance auction) may redeem and register the domain name if that registrant has a valid claim or challenges the expiration. During the Escrow Holding Period, the successful bidder may use the domain name, including creating and hosting a web site. However, at any time during the Escrow Holding Period, the domain name may be transferred back to the registrant or to UVQ, if UVQ chooses to retrieve the domain name for any reason. If that should occur, the successful bidder will be refunded the amount the successful bidder paid for the Pre-Deliverance domain name in the auction, any registration fees related to the Pre-Deliverance domain name, and/or other fees that were paid to UVQ by the successful bidder to acquire the domain name, including any UVQ products that were purchased in connection with the Pre-Deliverance domain name for use only with the Pre-Deliverance domain name. The successful bidder further acknowledges and agrees that his/her website created and launched at the Pre-Deliverance domain name (if any) shall cease operations if and when the Pre-Deliverance domain name has been awarded back to the prior registrant and/or UVQ and any and all rights to the Pre-Deliverance domain name will cease. UVQ is not responsible for an fees, losses, or other damages that you have incurred due to loss of the Pre-Deliverance domain name. At the expiration of the Escrow Holding Period, provided that there are not any challenges made by the former registrant to the Pre-Deliverance domain name and UVQ has not retrieved the Pre-Deliverance domain name, the successful bidder will have any and all rights to the domain name as provided under the Registration Agreement.

4. LIMITATION ON UVQ's LIABILITY: YOU AGREE THAT UVQ WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY (1) SUSPENSION OR LOSS OF DOMAIN NAME REGISTRATION SERVICES IN RELATION TO A DOMAIN NAME(S) REGISTERED IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES MAINTAINED BY ; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND UVQ's CONTROL; (8) THE PROCESSING OF A DOMAIN NAME REGISTRATION APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. ALSO UVQ WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF UVQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UVQ'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME IN QUESTION, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR PROVINCES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

5. UVQ provides no guarantees in relation to the Pre-Deliverance service. You acknowledge and agree that the Pre-Deliverance service is provided as a courtesy and you are using it your own risk. By way of example, and without limitation, you may be the successful bidder of a Pre-Deliverance name and still lose your right to register the domain name if the prior registrant has a valid claim, including, but not limited to trademark rights. In addition, unexpected problems inevitably arise with complex software and communication systems and the Pre-Deliverance service is being provided "AS IS" with no warranties or guarantees whatsoever. Difficulties and delays may be caused by UVQ, the registry, or a third party. For example, and without limitation, you may bid on a domain name prior to the expiration of the auction and communication system delays may prevent your bid from being received by UVQ Whether or not these difficulties and delays are caused by UVQ, you agree that you will not hold UVQ responsible or accountable in any way. You agree that you will not hold UVQ responsible for any failed attempt to obtain a domain name and that all fees charged in relation to the Pre-Deliverance service are non-refundable, regardless of the circumstance and regardless of the outcome for you.

6. Termination: UVQ may terminate or discontinue the Pre-Deliverance service at any time and for any reason without notice, either generally with respect to all subscribers or with respect to specific subscribers. You agree that your failure to abide by the terms of any other agreement between you and UVQ shall give UVQ cause to terminate your participation in the Pre-Deliverance service immediately.

7. Governing Law and Venue: This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Canada and the Province of Quebec, as if the Agreement was a contract wholly entered into and wholly performed within the Province of Quebec. Any action to enforce this Agreement or any matter relating to your use of the UVQ website or services provided to you by UVQ or subsidiaries of UVQ shall be brought exclusively in the Canadian District Court for the District of Montreal, or if there is no jurisdiction in such court, then in a provincial court of the Province of Quebec. You consent to the exclusive personal and subject matter jurisdiction of such courts and agree that exclusive venue therein is proper. You agree that service of process on you is considered accomplished if UVQ emails a faithful reproduction of the relevant documents to the email address associated with your UVQ account and sends, via regular first class mail, a copy of the relevant documents to the physical address associated with your UVQ account.