HOT DOMAINS USER AGREEMENT
The following terms and conditions are are the terms on which Bruce Ingleby Clement (referred to as "I" or "we" in the following) grants you use of this web site and are the terms applicable to all users accessing Hot Domains.
Please read all the terms and conditions which constitutes the "User Agreement" or "Agreement" prior to using the web site. By accessing and using Hot Domains, you are hereby agreeing to be legally bound by the terms and conditions in association with the services ("Service" or "Services") offered by Hot Domains, owned and operated by Bruce Ingleby Clement.
If you do not wish to be bound by the terms and conditions of this "User Agreement" or do not agree with the terms and conditions, do not access Hot Domains ("Site") or use the services offered.
Hot Domains provides a venue to introduce people who want to buy and sell internet domain names. Hot Domains does not take any part in the sale of names other than by providing this Website as a venue for users. If an offer is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other users.
Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Hot Domains takes no responsibility or liability for any misconduct of any of its users including, without limitation, users that have registered under false pretences or who attempt to defraud you. Hot Domains gives no undertakings, representations, or warranties in relation to domains sold or listed on the Hot Domains, including:
You expressly understand and agree that:
Use of this site is limited to those over 18 years of age. If you are under 18 then your parent or guardian must obtain the account for you and they will be responsible for any of your actions. If you are representing a company, you represent and affirm that you have the legal right to bind that entity.
All material on this site is owned by Bruce Ingleby Clement This material is protected, without limitation, pursuant to New Zealand and foreign copyright, trademark, patent, trade secret and other applicable laws. You agree not to disassemble, decompile, reverse engineer or otherwise modify any of the material on this site. You agree to not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any of the material without the express prior written consent of Bruce Ingleby Clement.
Any unauthorised or prohibited use may subject the offender to civil liability and criminal prosecution under applicable international, New Zealand, or local laws. You agree that your use of the site and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of any transmissions through the Services for which you are responsible or which occur through the use of your password.
Links to third-party web sites from Hot Domains are not necessarily under Hot Domains's control and we do not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites.
Hot Domains may, in its sole discretion and for any reason, with or without notice, for cause or without cause, may terminate your access to the Site and Services. You specifically accept this termination clause and waive any right to object to it in any dispute. You agree to not use the Hot Domains Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair any Hot Domains site or service or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorised access to the Hot Domains Site, other accounts, computer systems or networks connected to the Hot Domains Site, through any means.
You specifically warrantee that all statements made to us or to any other entity or person are true and correct and hereby indemnify Bruce Ingleby Clement for any liability, attorney's fees or costs arising from any false statement(s) or actions made by you or those acting for you including any one who uses your username and password. Any material posted by a user shall be considered to be in the public domain and you authorise Hot Domains to use said posting without any payment, without any liability, in any way or we see fit. If you post a third parties intellectual property you are specifically warranting that you have the right to put this material in to the public domain and you specifically indemnify us for any liability, attorney's fees or costs from the use of said material. You agree to notify us of any known or suspected wrongful acts or violations of this agreement and failure to do so shall be deemed a breach of this agreement.
We are not obligated to monitor the content on the Site. We reserve the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in our sole discretion.
In no event shall Hot Domains be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sites or services, with the delay or inability to use said site or related services, the provision of or failure to provide services, or for anyinformation, software, products, services or otherwise arising out of theuse of the site whether based on contract, tort, negligence, strict liability, intentional acts or otherwise, even if Hot Domains or any of its associates, suppliers, subcontractors or employees has been advised of the possibility of damages. We make no warranties of any sort. Further, our liquidated damages for any act if we are found to be liable for any act, shall be $500 including all costs and attorneys fees. You may use this site in accordance with these terms, but entirely at your own risk.
These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
No Unlawful Or Prohibited Use
You agree to not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair the Hot Domains site or any of its services or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorised access to the Site, other accounts, computer systems or networks connected to the Hot Domains Site, through any means.
We do not sell or rent any of your information. We may however use it for our own marketing purposes. You agree that we may use Your Information to contact you and deliver information to you that, in some cases, is targeted to your perceived interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting this Agreement, you expressly agree to receive this information.
Nothing in this agreement shall constitute the assignment of any patents, trademarks, copyrights, trade secrets or other intellectual property of either party to the other.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.
No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
All disagreements between you and Hot Domains that cannot be settled must be arbitrated. Arbitation shall binding on both parties and shall be conducted according to the requirements of The Arbitration Act 1996 or any statuatory amendment or replacement of that act in force at the time of arbitration. If both parties can not agree on an arbitrator, the parties agree to accept an arbitrator nominated by the office of The Arbitrators' and Mediators' Institute of New Zealand Inc. The arbitrator's fees shall be paid by the loser of the arbitration unless the arbitrator rules otherwise. The arbitrator must follow all terms listed in this agreement.
Amendment of terms and conditions
These terms and conditions may be amended in whole or in part by me from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter.
Copyright (C) 2008 Bruce Ingleby Clement All rights reserved.