If you are selling or purchasing domains on Namecheap’s Domain Market ("Marketplace"), the following additional terms and conditions ("T&Cs" and/or "Agreement") apply and supplement Namecheap’s (“Our") Universal Terms of Service. By using Our Domain Market, You explicitly agree to these T&Cs.
1. Marketplace "venue".
Namecheap’s Marketplace provides a venue for notifying third parties of the availability of currently-registered, recently-expired, or recently-released domain names for sale. While some processes may occur in an auction style format or operate with the label "Auction" or "online auction", Namecheap is not an auctioneer or an escrow agent. By using Our Marketplace, you acknowledge and agree to this understanding.
2. Customer status; Accurate information.
To participate in any Marketplace transaction, You must have a valid Namecheap customer account. You agree to thoroughly, accurately, and honestly complete all forms and requests for information by Namecheap throughout the Transaction process. You understand and agree that Namecheap will not be responsible for any false or misleading information You provide, whether intentionally or unintentionally.
3. Current domain sales ("listings").
You understand and agree that You are participating in a Listing Transaction by either: (1) placing a Listing in the Marketplace as a seller on behalf of Yourself or a third party ("Seller"); (2) purchasing a domain name vis-à-vis the Marketplace on behalf of Yourself or a third party ("Buyer"); or (3) participating in communications and/or negotiations for the sale or purchase of a domain name in the Marketplace, whether or not such activities result in a completed sale or purchase ("Interested Party" or "Bidder"). Your participation in a Listing Transaction, constitutes an explicit agreement of these T&C’s for Yourself and/or the third party You represent. You further agree to pay any and all fees, if any, to Namecheap as set forth on our web site.
Placing a Listing. When You place a listing in the Marketplace area of Namecheap’s website (as described below), You understand that this will advertise as a means of advertising on Your behalf that Your domain name is available for sale to third parties ("Listing"), You have the ability to place, edit, and remove Listings in the Marketplace by changing Your domain settings within Your Namecheap account. Further, you acknowledge and agree that Namecheap will not and does not place Listings on Your behalf. Moreover, You understand and agree that You are solely responsible and liable for any domains placed into the Marketplace from Your account, whether such placement is intentional or unintentional.
By placing a Listing, You represent and warrant that: (I) You have all rights, titles, and interests in the domain name as necessary to complete the Transaction; (II) the domain name does not infringe upon the intellectual property rights of any third party; (III)the domain name is not locked or suspended by any registrar or registry; (IV) the domain name is not currently, and will not in the reasonably foreseeable future be, the subject of a UDRP dispute, administrative proceeding, or any criminal or civil litigation of any kind; and (V) You are able to transfer the domain name in accordance with Your obligations under this Agreement to the buyer upon completion of the Transaction.
Payment and Transfer. You understand and agree that these payment and transfer terms apply to Listing Transactions wherein the Listing specifies a fixed price ("Domain Sale"). You understand and agree that transfer of the domain name from the Seller’s Namecheap account to the Buyer’s Namecheap account will not be completed until Namecheap has received timely and valid payment. You further understand and agree that the transfer by Namecheap of any such domain name is done without warranty, and Namecheap expressly disclaims any and all warranties or representations that the transferred domain name does not infringe upon the intellectual property rights of any third party, or that the transferred domain name has any particular amount of time remaining on its term of registration. You understand and agree that, if You buy a domain name by participating in a Domain Sale, a "buy" lock will be placed on the domain name for thirty (30) days, which prohibits transfer of the domain name to another account or another registrar. You understand and agree that, if You sell a domain name by participating in a Domain Sale, You will receive payment for the domain name in the form of account credit, minus a Namecheap Listing Fee in an amount specified on our web site, after a five (5) day Processing Period. By participating in a Domain Sale transaction, You understand and agree that Namecheap, without liability to You or any third party, may suspend, delete, cancel, interrupt, reverse or otherwise undo a Domain Sale transaction by reversing payment, deleting account credit, moving a domain name back into a Seller’s account or into a separate holding account, or by taking any other action it deems necessary in its sole discretion in the event of dispute, fraud, abuse, mistake, error, or any other circumstances that Namecheap determines in its sole discretion to necessitate the interruption or reversal of a Domain Sale transaction.
Limitations on Domain Sale Feature. You understand and agree that where a Listing does not specify a fixed price, Seller and Buyer must negotiate a price and arrange for payment and transfer independently of Namecheap’s Domain Sale feature. You further agree to negotiate and arrange for transfer of any service other than the domain name registration, independently of Namecheap’s Domain Sale feature. You understand and agree that, although some Listings may state that the Seller is selling the website in addition to the domain name, and although the amount of money Namecheap receives as payment in a Domain Sale transaction may have the effect of constituting payment for both the domain name and the website, Namecheap has no control over, will not and cannot transfer possession of, any service, product, property, intellectual property or anything else other than the domain name identified in the Listing. You understand and agree that Namecheap may suspend, cancel, or modify performance of the Domain Sale feature, or Your use or access thereto, at any time and for any reason, in its sole discretion. You acknowledge and agree that Namecheap shall have no liability to You for the inability to complete payment or transfer of a domain name, failure of any payment or transfer of a domain name, or the inability to use the Domain Sale feature, regardless of the reason, whether it be technical, administrative, or human error or difficulties on the part of Namecheap or any other party, or any other reason whatsoever.
Termination of Listing. Sellers may withdraw Listings at any time for any reason by changing the domain settings within their Namecheap accounts. In addition, Listings may terminate if a domain name is disabled, suspended, or removed from the Seller’s customer account for any reason, including but not limited to pushing the domain to another account, transferring the domain to another registrar, or expiration of the domain.
Completed Sales. Once the Listing Sale is complete, whether by way of the Domain Sale feature or other payment and transfer arrangement, normal terms and conditions of domain name registrations apply and you expressly agree to such terms. You acknowledge and agree that the term of registration is whatever period remains on the Seller’s initial registration term at the time of the Listing Transaction. You understand and agree that You may extend the domain name registration term by renewing the domain pursuant to the terms set forth in this Agreement.
Disputes. In the event of a dispute concerning, relating to, or arising out of a Listing Transaction, You understand and agree that Namecheap shall not participate in any such dispute, except in the limited circumstances explicitly stated herein with regard to the Domain Sale feature, and You explicitly agree not to name Namecheap as a party to any lawsuit, administrative proceeding or criminal investigation.
4. Expired domain sales ("expired auctions").
From time to time, Namecheap may list for sale domain names that have entered into a Post-Expiration period for their original registration ("Expired Domains"). Transactions involving Expired Domains may utilize an auction format. Any such sale will not be final until the end of the Post-Expiration period for the Expired Domain. During the entire Post-Expiration period, the original registrant has the right to renew the Expired Domain, regardless of any payments You may make in an effort to purchase the Expired Domain. By bidding on the Expired Domain, You as Buyer acknowledge and agree that if You/Buyer has the winning bid, the transfer of the Expired Domain will not be completed until after the Post-Expiration period lapses. If the Expired Domain is renewed by the original registrant, You will receive an account credit for the full purchase price, or, at Namecheap’s sole discretion, a refund.
Commencement of Expired Auctions. Most expired auctions commence approximately thirty (30) days after the expiration date of the original domain name registration. Alternative expired auction commencement times after the expiration date of the original domain name registration include approximately: fifteen (15) days for .ws, and eighty-two (82) days for .uk domains.
Proxy Bidding. You understand and agree that You may specify a maximum amount that You are willing to bid on a domain, and that our system will automatically increase Your bid amount by the minimum bid increment each time another bidder places a bid, so that You remain the high bidder, up to Your maximum amount ("Proxy Bidding"). You acknowledge and agree that all Proxy Bids are final and irreversible, and that You may not lower Your maximum bid amount, or cancel the Proxy Bid, except under extenuating circumstances as determined in Namecheap’s sole discretion. However, You may increase Your maximum bid amount by placing a new Proxy Bid. If more than one bidder specifies identical maximum bid amounts, the bid processed earlier in time, as determined by Namecheap’s system, prevails.
Payment and Transfer. You understand and agree that transfer of ownership will not be completed until (I) the Post-Expiration period for the domain’s original registration has elapsed, and (II) Namecheap has received Your timely and valid payment. You further understand and agree that the transfer by Namecheap of any Expired Domain to a winning bidder is done without warranty, and Namecheap expressly disclaims any and all warranties or representations that the Expired Domain does not infringe upon the intellectual property rights of any third party. For all completed auctions, and if You are the winning bidder as determined by Namecheap in its sole discretion ("First Place Winner"), valid payment must be received within forty-eight (48) hours from the close of the auction ("Payment Window"). You understand and agree that You bear the sole responsibility for making timely and valid payment, and that Namecheap disclaims any responsibility for failed or unreceived payment, regardless of reason or fault. In the event that Namecheap does not receive Your timely and valid payment, You will immediately lose the right to purchase the domain. The party who placed the next highest auction bid as determined by Namecheap in its sole discretion ("Second Place Winner"), then has the right to purchase the domain. If You are the Second Place Winner, valid payment must be received within twenty-four (24) hours from the end of the First Place Winner’s Payment Window. You understand and agree that You bear the sole responsibility for making timely and valid payment, and that Namecheap disclaims any responsibility for failed or unreceived payment, regardless of reason or fault. In the event that Namecheap does not receive Your timely and valid payment, You will immediately lose the right to purchase the domain, and the domain will be deleted and returned to the central registry.
Termination of Expired Auctions. Expired auctions terminate at the date and time stated therein. Expired auctions may be interrupted and cancelled for reasons including, but not limited to, if a domain is renewed by the original registrant or if a domain name is removed from the original registrant’s account for any reason.
Completed Transactions. Once You have received use, possession, and/or control over the domain You have purchased at auction, normal terms and conditions of domain name registrations as set forth elsewhere in this Agreement apply. This includes Your explicit agreement to Namecheap’s Domain Registration Agreement. You acknowledge and agree that the term of the registration is whatever period is so stated in the expired auction description at the time of closing, or so stated in the domain’s settings and/or summary once placed into Your account.
All Sales Final. All Completed Transactions are final, irreversible, non-refundable, and ineligible for account credit.
Disputes. In the event of a dispute concerning, relating to, or arising out of an Expired Auction Transaction, You agree to be bound by Namecheap’s dispute resolution policy set forth in our Domain Registration Agreement.
Restrictions. Not all domain extensions are available for auction, including but not limited to .eu, .cn, .be, and .in.
5. User information displayed.
If You participate in a Marketplace Transaction, You understand and agree that Namecheap shall have the right to display certain information, including, but not limited to, the domain name sold or purchased, information about the timing of the sale or purchase, and the eventual sale or purchase price.
6. Interruption of Services.
You agree that Namecheap, in its sole discretion and without liability to You for any resulting loss or damages, may take immediate corrective action, including, but not limited to, removal of all or a portion of any Marketplace Listing and/or deletion, suspension, cancellation, termination, or other interruption of Your customer account with Namecheap, at any time during the term of this Agreement, in the event of notice of any possible violation of this Agreement by You or Your end users, or if such service or account is used in association with morally objectionable activities, or for any reason whatsoever. In such cases, any and all fees paid to Namecheap shall be non-refundable and ineligible for account credit.
7. Additional warranty disclaimers and limitations of liability.
NAMECHEAP IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR MARKETPLACE CONTENT AND TRANSACTIONS, AND THE TRUTH, ACCURACY, AND LEGALITY THEREIN. YOU AGREE THAT NAMECHEAP SHALL HAVE NO LIABILITY TO YOU OR YOUR END USERS DUE TO ANY CORRECTIVE ACTION TAKEN BY NAMECHEAP IN RESPONSE TO YOU OR YOUR END USERS’ ACTION OR FAILURES TO ACT.
You understand and agree that Namecheap has no obligation to monitor the Marketplace, but reserves the right in its sole discretion to do so. Namecheap reserves the right to edit Marketplace content at any time and for any reason in its sole discretion.
You understand and agree that You alone bear the sole responsibility for researching and verifying the truthfulness and accuracy of information contained in Marketplace Listings. You understand and agree that Your participation in a Transaction is fully at Your own risk. You further agree that Namecheap shall have no responsibility or liability whatsoever with respect to any Listing or any domain name registered, purchased, or sold by You or to You vis-à-vis a Listing in our Marketplace or as a result of any Listing in our Marketplace, or with respect to the failure of any Listing Transaction, and that the Limitation of Liability provision of the General Provisions shall apply to the domain name registration.
You agree that, from time to time, the Marketplace may be inaccessible or inoperable for any reason, including but not limited to: (I) periodic maintenance procedures or repairs; (II) equipment failures and malfunctions; or, (III) causes beyond Namecheap’s control or which are not reasonably foreseeable by Namecheap, including, without limitation, interruption or failure of telecommunication or digital transmission connections, hostile network attacks, network traffic and congestion, or other failures. You agree that Namecheap shall not be liable to You or Your end users for any such periods of inaccessibility or inoperability under this provision.