This is the User Agreement (the "Agreement" or "User Agreement") for your use of web sites owned or operated by, and services offered by, Discount Domain Name Services Pty Ltd (trading as Domain Market Place), ABN 76 088 607 265.

This Agreement contains the terms and conditions ("T&C") applicable to your use of our services ("Service" or "Services") available under or through the domain, sub-domains, and affiliated domains of www.domaintradingpost.com.au (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 and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site or the Services or become a registered user of the Site. This Agreement is effective upon the earlier of: (i) your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.

1. Eligible Users

Use of the Site and Services is restricted to persons who: (a) are at least 18 years old, and (b) reside, or have a business address within Australia. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are not yet 18, do not have the capacity to enter into contracts, are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email Discount Domain Name Services Pty Ltd (trading as Domain Market Place) at info@domainmarketplace.com.au to make arrangements, although no such access can be guaranteed.

Accessing Discount Domain Name Services Pty Ltd (trading as Domain Market Place) services, products or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this Site, from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.

2. Modification of This Agreement

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) 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 2, this Agreement may not be amended or modified except in a writing signed by you and Discount Domain Name Services Pty Ltd (trading as Domain Market Place).

3. Acceptable Use

3.1. User Accounts

If you violate the Acceptable Use terms described herein, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may, in its sole discretion, with or without notice, terminate your access to the Site and Services.,

You are allowed to create one (1) user account with Discount Domain Name Services Pty Ltd (trading as Domain Market Place). Your right to use the Site is personal to you. Post office boxes or addresses of office service providers may not be used as an address for a User account. It is likewise not permitted to provide value-added service numbers as telephone numbers for a Customer Account. Furthermore, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) reserves the right to forbid the use of freely available email addresses as the email address for a user account.

As a condition of your use of the Site, you warrant to Discount Domain Name Services Pty Ltd (trading as Domain Market Place) that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by Discount Domain Name Services Pty Ltd (trading as Domain Market Place); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party.

In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 1, Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site (all such information collectively referred to as "Your Information"), and (c) you will update Discount Domain Name Services Pty Ltd (trading as Domain Market Place) to ensure that Your Information remains accurate and complete.

3.2. Use of the Site and Services

You may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or program(s)); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause Discount Domain Name Services Pty Ltd (trading as Domain Market Place) to violate any law, statute or regulation; (e) harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Domain in connection with your use of the Site that is confusing or misleading to other Users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any junk email, spam, chain letters, pyramid schemes, or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) does not condone or allow spam. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information.

3.3. Privacy and Confidentiality

Protecting your privacy and the personal information you provide us is a top priority at Discount Domain Name Services Pty Ltd (trading as Domain Market Place). For this reason, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At Discount Domain Name Services Pty Ltd (trading as Domain Market Place), we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the Discount Domain Name Services Pty Ltd (trading as Domain Market Place) Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures Discount Domain Name Services Pty Ltd (trading as Domain Market Place) has put in place to achieve this goal.

You agree not to share any information provided to you by or on behalf of Discount Domain Name Services Pty Ltd (trading as Domain Market Place) with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) reserves 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 Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s sole discretion, without notice at any time.

3.4. User Account Certification/Limited Use of Site and/or Services

In order to preserve a safe and secure Site and Services for our users, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may elect to require you to perform a user account certification process that may include, but is not limited to, confirming your billing information, verifying the accuracy of your account details, requesting a copy of government-issued identification, and other account certification methods as Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may develop in its sole discretion at any time. Failure to perform the requested user account certification methods will result in limited access to the Site and Services.

3.5. Violations of Acceptable Use

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice.

You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by Discount Domain Name Services Pty Ltd (trading as Domain Market Place), and for any use or misuse of your account or the Services or the Site resulting from any third party using a password or login name issued to you.

You agree that you will notify Discount Domain Name Services Pty Ltd (trading as Domain Market Place) immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.

4. Fees

Except as otherwise noted, creating a user account with Discount Domain Name Services Pty Ltd (trading as Domain Market Place) is free. We do charge fees for our domain-related services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. You are responsible for all applicable taxes (except for Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or your activity conducted through the Site. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may, in its sole discretion, add, delete or change any of the Services provided or fees charged by Discount Domain Name Services Pty Ltd (trading as Domain Market Place). No advance notice is required for any prospectively effective change in Services offered or fees charged therefore.

Unless otherwise stated, all fees and currency amounts are quoted in Australian Dollars. The fees charged for Discount Domain Name Services Pty Ltd (trading as Domain Market Place) services that are specified by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) are considered to be end prices and are understood to exclude any applicable taxes.

5. Specific Services and Applicable Terms

The following terms and conditions pertain to particular Services offered by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) or through the Site.

Among other Services, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) and the Site serve as a trading platform as well as a separate auction platform to allow Users to offer to sell and buy Domains, complete web sites, and/or web-based businesses (collectively, "Domains"). Discount Domain Name Services Pty Ltd (trading as Domain Market Place) only gets involved in a resulting transaction to collect a fee for Services, or as otherwise agreed by all parties.

Before entering into a binding agreement to purchase a Domain you must perform, and are responsible for, all research necessary to ensure that you are aware of any factors affecting your registration and use of the Domain, including, but not limited to, the applicable annual registration fees required to maintain your registration and use of the Domain, that your prospective use of the Domain will not infringe the rights of any third parties, and that you have all the information necessary to make an informed purchasing decision.

5.1. Domain Sales

Except as otherwise provided in applicable posted terms, users offering their Domains for sale ("Sellers") may list their Domains on the Discount Domain Name Services Pty Ltd (trading as Domain Market Place) Site free of charge. Sellers are free to delete their Domains from the Site at any time without cost unless their Domain is subject to an Exclusive Brokerage agreement, active negotiation, or pending transfer.

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) charges Buyers a flat fee for the transfer of ownership for sales originated and/or completed as a result of Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s Services. You have an opportunity to review the fees that you will be charged before moving forward with any transaction.

Prospective Buyers of Domains ("Buyers") may enter search terms into the Site to look for domains, make offers, and to enter bids for certain entries. These offers or bids and the responses of the Sellers will be forwarded to the other party free of charge via the email addresses provided as part of user registration. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) cannot guarantee that any particular offer, bid or response will be transmitted to the intended recipient. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) acts here neither as a Buyer nor Seller, nor as the representative of any of the above-mentioned parties.

In the event that a Seller and Buyer negotiate an agreement for the purchase and sale of a Domain via the Site, the Buyer and Seller agree that the terms of the purchase and sale will follow the standard purchase and sale agreement supplied by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) and available for review upon request. In addition, Buyer and Seller agree that the purchase and sale transaction shall be managed by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) in accordance with the terms of Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s Domain Transfer and Escrow Services as described below in Section 5.2. The fees for Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s Domain Transfer and Escrow Service are posted as set forth in Section 4, entitled Fees.

Should the registration of a Domain that is the subject of a purchase and sale transaction be in risk of expiring with its relevant Domain registrar, or if the expiration date lies within the next sixty (60) days from the date when an agreement is made for the purchase and sale of the Domain, Seller agrees to renew the Domain registration and is solely responsible for any costs or fees associated with such renewal. Buyer and Seller are each respectively responsible for any related fees charged by his/her registrar and/or service provider.

Not all domain extensions are alike, and certain top-level domains (TLDs) carry abnormal registration policies, restrictions, prices and other associated fees. Buyer and Seller are responsible for conducting all research necessary to make themselves familiar with the rules, regulations and fees of the associated registrar for the contemplated Domain prior to entering an agreement through Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s Site and Services. Buyer and Seller agree that Discount Domain Name Services Pty Ltd (trading as Domain Market Place) shall not be held responsible for any abnormal registration policies, prices or fees. All registration fees must be paid by the Buyer or Seller respectively.

5.1.2. Bidding & Offers

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) makes no representations or warranties regarding the features of Domains listed in the Domain Marketplace. This shall apply particularly, but not exclusively, to visitor statistics, traffic statistics, and the precise alpha-numerical composition of a Domain.

If, during the course of an Open Bid Thread, a User makes an offer for the conclusion of a purchase and sale agreement, then he/she is bound to this offer for 168 hours, which corresponds to seven days from the time when the offer was rendered.

Due to the binding nature of offers to purchase or sell Domains, Users should review the Domain listing to avoid mistake before submitting a binding offer. Mistake does not relieve a User from their obligations to purchase or sell a Domain once a binding offer has been accepted.

The Buyer's offer shall lapse if the other User rejects the offer, accepts another User's offer, submits a counter-offer, or the binding time period is allowed to lapse.

A belated acceptance of the offer or a counter-offer shall be considered to be a new offer.

5.1.3. Fixed Price and Minimum Offer Listings

If the Seller states a fixed selling price, then a binding offer for the conclusion of an agreement for the stated sales price lies in the listing of the Domain and is binding until the Domain listing in the Seller's user account has been changed and the change has been reflected on the Site. The sales price is considered to be the end price for the Buyer including any applicable taxes.

If the Seller does not state a fixed sales price, the Domain listing serves as an invitation for other Users to submit an offer for the purchase and sale of the Domain that is the subject of the Domain listing.

If the Seller states a minimum offer, the Domain listing serves as an invitation for other Users to submit an offer in excess of the stated amount for the purchase and sale of the Domain that is the subject of the Domain listing.

5.2 Domain Auctions

5.2.1 Description of Service: Domain Auctions

Once a prospective Buyer enters an offer for a Domain via Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s Site, a Seller is presented with the option to enter the Domain into an Auction, rather than proceed in a traditional offer/counter-offer negotiation. Once the Seller chooses the Auction option, the Auction Period has commenced. In this case, the Seller accepts the offer from the potential Buyer, setting the offer amount as the reserve. During this period, other potential Buyers have the ability to use the Auction platform to bid on the same Domain for an amount of money higher than the original bid.

5.2.2 Binding Declaration of the Seller

When the Seller enters a Domain or Web Project as an Auction, he/she accepts the offer received, from the Initial Bidder, as the reserve price for his/her Auction, prior to the selection of the Auction Period. The Initial Bidder's offer is automatically accepted and the Auction closes with the Initial Bidder as the winner IF no other higher bids are received by the close of the Auction Period.

The Auction Period ends 14 days following the entry of the initial bid which triggered the seller to start the auction. During the Auction Period the Seller agrees that he/she must sell the Domain to the Initial Bidder for the price reflected in the offer that Seller used to trigger the start of the Auction. During this period, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may not cancel the Auction.

If the Seller enters a particular Domain into an Auction Period and an Initial Bidder has previously bid on the Domain, the Seller is bound to the offered price for seven days from the time the Initial Bidder placed an offer, not 14 days from the time the Auction Period was entered into.

Seller further agrees that he will accept the highest valid offer made during the Auction Period so long as the Auction Period was not cancelled by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) in accordance with these terms and conditions. Once the Seller enters a Domain or Web Project as an Auction, he is prohibited from offering or selling this Domain or Web Project anywhere else other than within that Auction.

5.2.3 End of Auction

Generally, an Auction Period will run for a 14 days.

5.2.4 Auction Period and transfer

During the Auction Period, the highest offer made on a particular Domain will be indicated on the Bidding Page via Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s website. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) customers can then enter the Auction by placing higher offers. All offers will be construed as firm offers to buy the Domain for the offered price in accordance with the conditions of the purchase and sale agreement for the Domain.

If no offer is made during the Auction Period and the Auction was not cancelled by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) or otherwise, a legally binding contract exists between the Seller and the potential Buyer who placed the last bid before the Auction ends. If valid higher offers are placed during the Auction Period, and the Auction was not cancelled by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) or otherwise, a legally binding contract exists between the Seller and the prospective Buyer who placed the highest bid as reflected at the end of the Auction Period. This contract exists even if the Discount Domain Name Services Pty Ltd (trading as Domain Market Place) bidding page is not available at the end of the Auction Period.

After the Auction Period ends, Buyer and Seller agree that the transfer of the Domain or Web Project will be conducted by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) in conjunction with the Terms and Conditions of the Discount Domain Name Services Pty Ltd (trading as Domain Market Place) Escrow Service as described in Section 5.2.

5.2.5 Right to Cancel Auction

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) reserves the right at Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s sole discretion to cancel an Auction Period at any time, including, but not limited to, if the offered Domain or Web Project infringes the intellectual property rights or other rights of a third party. If the Auction Period is cancelled, any contractual relationship between the Seller and the highest bidder and/or the person who made the last offer before the Auction Period that may have existed will cease.

5.2.6 Right to Eliminate Offers

5.2.6.1 Deleting Bids Made in Error

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) reserves the right to delete individual bids during the Auction Period if it believes that such bids were placed clearly erroneously, by mistake, or were determined not to be a bona fide firm offer. Mistake on the part of the User must be reasonably obvious. The User must communicate the mistake to Discount Domain Name Services Pty Ltd (trading as Domain Market Place), in writing and within a reasonable amount of time. Users may not claim mistake with the purpose of interfering with or circumventing the completion of a transaction. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may suspend the User's account at anytime if the User is found to have placed a fraudulent bid during an Auction Period. In the event that Discount Domain Name Services Pty Ltd (trading as Domain Market Place) invalidates a current high bid, the next highest bid, including the previous high bid, shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the auction.

5.2.6.2 Deleting Bids Made Fraudulently

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) reserves the right to delete individual bids during the Auction Period if it believes that such bids were fraudulent, fake, "shill" bids or were determined not to be a bona fide firm offer. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) reserves the right to contact you to verify your identity, the validity of the bid, as well as request documents to support the validity of your bids. If Discount Domain Name Services Pty Ltd (trading as Domain Market Place) is not able to verify the information in a reasonable amount of time, please be advised that Discount Domain Name Services Pty Ltd (trading as Domain Market Place) has the right to delete the bid without objection. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may suspend the User's account at anytime if the User is found to have placed a fraudulent bid during an Auction Period. In the event that Discount Domain Name Services Pty Ltd (trading as Domain Market Place) invalidates a current high bid, the next highest bid, including the previous high bid, shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the auction.

5.2.7 Liability

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) in no way guarantees or further warrants that the web page on which bids can be placed ("Bidding Page") during the Auction Period is permanently accessible. If a Bidding Page is not accessible, the Seller may not, in the future, refer to a potentially higher bid during this time period as a mechanism for not following through with a sale. Furthermore, a potential bidder may not argue, for the same purposes, that he would have been the highest bidder for the Domain Auction if the webpage would have been available.

With regards to auctions other than Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s standard auctions, such as broker assisted auctions, promotional auctions, or auctions held at affiliate websites, in the case of technical issues which may occur within Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s servers, networks, or other mechanisms, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may, to the extent they are within Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s control, take actions reasonably necessary to remedy such issues as they occur. Such actions include, but are not limited to, extending the length of time the auction is active and/or canceling such auctions.

5.2.8 Auctions with Reserve Price

Upon receiving prior permission from Discount Domain Name Services Pty Ltd (trading as Domain Market Place), a Seller may commence an Auction Period prior to an offer being placed for the particular Domain or Web Project. If such an agreement is reached between Discount Domain Name Services Pty Ltd (trading as Domain Market Place) and the Seller, the aforementioned as well as the following conditions will apply.

The Seller has the right to set a reserve price for which he is willing to sell the Domain ("Reserve Price"). During the Auction Period, the current highest bid will be indicated on the Bidding Page. In addition, it will be indicated on the Bidding Page if the current highest bid is lower then the Reserve Price, though under no circumstances will the Reserve Price ever be revealed. If the Reserve Price is not reached within the Auction Period, the Domain will not be sold to any of the potential Buyers. The Seller reserves the right to lower his Reserve Price during the Auction Period but shall not raise the Reserve Price under any conditions.

An Auction Period running with a Reserve Price may be distinguished from a general Auction Period in that it may, at the selection of a Discount Domain Name Services Pty Ltd (trading as Domain Market Place) broker, in conjunction with an agreement with the Seller, run for longer than 14 days.

5.3 General Terms Applicable to Domains listed

5.3.1 Domain Listing Rules

The following Domain listing requirements and obligations apply to your use of Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s website:

(a) The Seller agrees to set up a user account and to fill out the registration form completely and accurately. The Domain Seller must be the verified owner of the domain name listed for sale. Unless the domain owner has a privacy shield for WHOIS database purposes, information provided within the Discount Domain Name Services Pty Ltd (trading as Domain Market Place) User's account must correspond to the information contained in the WHOIS database.

(b) Domains are the result of, and are subject to, all of the conditions, limitations, and restrictions contained in Domain registration agreements between the Seller and a third-party Domain registrar or other service provider. As such, the transferability of Domain registration may be limited, prohibited, or otherwise subject to conditions imposed by the Domain registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant Domain registrar or service provider. When referencing a Domain as the object of a purchase and sale transaction within these terms, Domain shall refer to any rights the Seller may possess with regard to the registration of a particular Domain under its Domain registration agreement with a Domain registrar. Any content or material associated with a developed website that is the object of a purchase and sale agreement must be materially described in writing to be subject to the relevant purchase and sale agreement.

(c) As a Seller of a Domain listed on the website, you represent and warrant that: (i) you have registered the Domain with the appropriate Domain registrar or other registration authority; (ii) your registration of the Domain is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain registrar or other registration authority; (iii) you have not taken any action that would impair your ability or right to transfer the Domain registration and no such action has been taken against you; (iv) the Domain has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (v) the Domain is not the subject of any legal disputes or proceedings challenging your right to register or use the Domain; (vi) you will accurately describe the subject listing; (vii) you own and have the right to sell the content, if applicable, listed as part of your Domain; and (viii) if your offer to sell and transfer the Domain is accepted, you will complete the transaction with a ready, willing, and able Buyer. You will not under any circumstances list or transfer the rights to any Domain that you do not have sufficient rights to transfer, or that is illegal to transfer under applicable law.

(d) Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may refuse to list, or remove the listing for, any Domain which, in Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s sole discretion, may potentially infringe or violate the proprietary rights of any third person or any other Domain, or which, in Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s sole discretion, is inflammatory, offensive, inconsistent with Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s general policies or Acceptable Use terms, or otherwise may infringe any proprietary right of any third party.

(e) The Seller of a Domain agrees not to enter a bid for his/her own offer and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to Buyer during the course of negotiation or which are measured and displayed by Discount Domain Name Services Pty Ltd (trading as Domain Market Place).

(f) You will not yourself, nor will you allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Services.

(g) You understand that Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s comment system cannot be used to communicate with the Buyer and/or Seller with the purpose of circumventing Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s user agreement and/or to alter/augment sales of domains, commission, or alter the terms of the purchase and sale.

(h) The Seller agrees to keep any data which he/she has added to the Domain Marketplace up-to-date. If a Domain has been sold, he/she is to remove it from their User Account. Furthermore, the Seller agrees to remove a Domain from the Domain Marketplace and/or Auction immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing. This shall apply until legal clarification of the situation has been made.

5.3.2 Taxes

All prices quoted between Users during the bidding process or used as a Fixed Price or Minimum Offer are understood to be end prices excluding any applicable taxes.

5.3.3 Purchase Price

The purchase price for the Domain shall be the price in Australian dollars excluding GST. This purchase price shall form the basis for the execution of the purchase and sale agreement between the Buyer and the Seller as well as formulating any fees owed between the Buyer and Discount Domain Name Services Pty Ltd (trading as Domain Market Place).

5.3.4 Legal Relationship as between Discount Domain Name Services Pty Ltd (trading as Domain Market Place), Buyer and Seller

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) is neither owner of the Domains listed in the Site, nor does it have any influence or control on the business conducted among Users of the Site. The responsibility for the content of Domain listings, including the accuracy of any statistics, whether measured and displayed by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) or otherwise, lies exclusively with the respective Sellers, Buyers, and Users.

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) shall not be liable for legal transactions or other acts of the Site. This also applies to any violations of rights of a third party through the listing of a Domain on the Site, in particular his/her/its intellectual property rights, rights of the use of a name, and trademark rights. Buyer and Seller agree that Discount Domain Name Services Pty Ltd (trading as Domain Market Place) shall not be held responsible for the failure of either party to a purchase and sale agreement to follow through with their obligations under such an agreement, and that Discount Domain Name Services Pty Ltd (trading as Domain Market Place), as the neutral facilitator of the Domain Marketplace, Auction, and associated Services, shall not be subject to any claims arising from the attempted purchase and sale of Domains.

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) will always try to complete the purchase and sale of a Domain. If an agreement has been made over Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s Site, between a Buyer and a Seller, absent new, material information presented to Discount Domain Name Services Pty Ltd (trading as Domain Market Place), or unless the Buyer is claiming breach of contract or anticipatory breach of contract, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) will move forward with a domain transaction. If Discount Domain Name Services Pty Ltd (trading as Domain Market Place) has received payment from the Buyer and the domain from the Seller, the domain will be forwarded to the Buyer and payment to the Seller accordingly. At that point, the aggrieved party, either Buyer or Seller, would have to initiate a legal process or proceeding against the other party. Both Buyer and Seller agree that Discount Domain Name Services Pty Ltd (trading as Domain Market Place) is not responsible or liable in any way for a transaction ending in this manner.

5.3.5 Rejected and/or Blocked Domain Listings

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) reserves the right, at any time, to reject the listing of any Domains into our Site or to remove and blacklist Domain listings which have already been entered, without prior warning, without giving any reasons and at any time, especially in the case of User's violation of this Agreement, or suspected violation of rights of a third party concerning a Domain, or suspected violation of applicable laws.

5.4. Domain Transfer and Escrow Service

5.4.1 Description of Service

The Domain Transfer and Escrow Service offers users Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s assistance with the purchase and transfer of ownership of Domains. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) acts here neither as a Buyer or Seller, nor as the representative of a Buyer or a Seller, nor as a broker. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) acts as a secure technical and financial intermediary and will hold the purchase price in escrow for the Buyer while the Seller transfers ownership of the Domain to Buyer. Upon conclusion of the Domain transfer process, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) will release Buyer's funds from escrow and forward the purchase price to the Seller, less applicable fees.

Drafting of custom Purchase and Sale Agreements or any legal consultations on the part of Discount Domain Name Services Pty Ltd (trading as Domain Market Place) are not included in the Service and must be obtained from User's own legal representative.

5.4.2 Fees and Related Costs

The amount of the fee for the Domain Transfer and Escrow Service is specified on the Discount Domain Name Services Pty Ltd (trading as Domain Market Place) FAQ page which is located on the Site and which is subject to change from time to time.

The escrow fee must be paid by either the Buyer or Seller and must be agreed upon by both parties during sale negotiations.

When a Domain is transferred from the Seller to the Buyer, further costs can be incurred, based upon the participating registry and registrar providers. The responsibilities for these payment obligations are defined by the relationship of the Customer to the provider. This can include, but is not limited to, the responsibility of the Seller to pay for a registration renewal when the domain is set to expire within the next sixty (60) days from the time agreement was reached.

5.4.3. Management of Domain Transfer

5.4.3.1 Reaching an Agreement

In the event that a purchase and sale agreement has been reached between the Buyer and the Seller, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) shall provide a standard online purchase and sale contract for Buyers and Sellers that is automatically tailored to the sale of the Domain that was the subject of their negotiation. Depending upon the processing stage of the transaction, the other User's respective data may be made anonymous until the transaction is complete. Should either party fail to meet to their obligations under the respective agreement, the identity of the breaching User shall be provided to the injured User upon request.

5.4.3.2 Obligation of Buyer to Make Payment to Designated Escrow Account

After reaching agreement for the purchase and sale of a Domain, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) shall contact the Buyer via email to request the transfer of the amount due to Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s escrow account, where it will be safeguarded until transfer of Domain ownership has been completed. Upon said request, the Buyer is obligated to remit payment of the amount owed to Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s escrow account.

5.4.3.3 Transfer of Domain

Once the full amount of the purchase price owed has been received by Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s escrow account, the process of transferring ownership of the Domain from the former owner (the Seller) to the new owner (the Buyer) shall commence. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) shall then instruct the Buyer and the Seller of the Domain as to the required steps and best practices involved in the technical domain name registration transfer process. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) can only ensure the prompt and orderly transfer of Domain ownership if Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s instructions to the Buyer and Seller are strictly followed. As such, the Buyer and Seller are obligated to provide the required cooperation to each other and to Discount Domain Name Services Pty Ltd (trading as Domain Market Place). Failure to cooperate may be considered by the injured party as a material breach of the relevant purchase and sale agreement.

5.4.3.4 Successful Transfer and Payment of Purchase Price

Upon successful transfer of the Domain to the Buyer, payment of the purchase price owed to the Seller shall be remitted in a timely manner. A successful transfer of ownership of the Domain has taken place when the Buyer's registration data has been updated in the WHOIS database of the relevant domain name registry, and the Buyer has assumed technical control of the Domain. In the event that Discount Domain Name Services Pty Ltd (trading as Domain Market Place) assumes temporary control of the Domain in an escrow capacity, then a successful transfer shall be considered to have been made at that moment in which Discount Domain Name Services Pty Ltd (trading as Domain Market Place) obtains control of the Domain and the Seller has lost control of this Domain.

5.4.3.5 Unsuccessful Transfer and Repayment

In the event that the transfer of ownership is ultimately unsuccessful, the full payment submitted to Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s escrow account shall be returned to the Buyer. There shall be considered to be no ultimate failure of the transfer if the unsuccessful transfer of the Domain to the Buyer is solely due to the fact that the Buyer has not undertaken the further required cooperative actions required upon his/her part after the payment of the purchase price and any additional fees if relevant.

As stated in Section 5.1.3.4 (Legal Relationship as Between Discount Domain Name Services Pty Ltd (trading as Domain Market Place), Buyer and Seller), Discount Domain Name Services Pty Ltd (trading as Domain Market Place) will always use its best efforts to effectuate the purchase and sale of a Domain. If an agreement has been made over Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s Site between a Buyer and a Seller, absent new, material information presented to Discount Domain Name Services Pty Ltd (trading as Domain Market Place), or unless the Buyer is claiming breach of contract or anticipatory breach of contract, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) will move forward with a transaction. If Discount Domain Name Services Pty Ltd (trading as Domain Market Place) has received payment from the Buyer and the domain from the Seller, the domain will be forwarded to the Buyer and payment to the Seller accordingly. At that point, the aggrieved party, either Buyer or Seller, would have the right to initiate a legal process or proceeding against the other party. Both Buyer and Seller agree that Discount Domain Name Services Pty Ltd (trading as Domain Market Place) is not responsible or liable in any way for a transaction ending in this manner.

5.4.3.6 Publication Rights

The Buyer and Seller agree that Discount Domain Name Services Pty Ltd (trading as Domain Market Place) shall have the right to publish the name of a Domain sold as well as the respective purchase price on the Site or in other places for reference purposes. This shall not apply if the Buyer or Seller objects to the publication, provided that objection must be received by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) in writing before completion of the Domain transfer and escrow process. However, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) will always publish and display a Domain name sale and the highest bid/selling price if the Domain was sold via Auction. In an Auction, neither Buyer nor Seller may request that the Domain and details of the sale be withheld.

5.4.3.7. Proof of Purchase/Requests for Tax Information

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) is neither the buyer nor seller in a Domain purchase and sale transaction. As such, if the Buyer requires an invoice of the purchase and sale transaction or is required to request tax information from the Seller the Buyer needs to inform Discount Domain Name Services Pty Ltd (trading as Domain Market Place) of this request as soon as an agreement has been reached between the Buyer and Seller. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) will then communicate the request to the Seller. The Seller agrees that he/she will comply with such request if the request is promptly made at the beginning of the transfer.

5.5 Penalties for Failing to Perform Obligations

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) reserves the right to cancel the escrow and transfer of domain ownership if one of the parties to the purchase and sale agreement fails to fulfill its obligation to cooperate in the transfer process after two (2) requests are made by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) via the email addresses provided in his/her user account ("Failed Transfer").

In the case of a Failed Transfer, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) reserves the right to collect any applicable fees from that party who has violated his/her obligation to cooperate in the completion of the transaction. Furthermore, any claims for damage compensation or contractual performance can be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement. The Buyer and Seller agree that the injured party is entitled attorney's fees from the other should legal action be necessary to enforce rights pursuant to the purchase and sale agreement.

5.5.1 Dispute between the Parties during Transfer

In the event that the purchase price to be paid by the Buyer has been transferred to the Discount Domain Name Services Pty Ltd (trading as Domain Market Place) escrow account and the Domain and/or website content has been transferred to the Buyer in whole or in part, neither party may seek cancellation of said ownership transfer or payment. In the event that the parties become involved in a dispute at any time during the transfer and escrow process, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may set a reasonable deadline for the parties to reach an agreement. In the event that said deadline passes without a resolution, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) shall then be entitled to release the purchase price to the to the Seller and the Domain and/or website content to the Buyer in accordance with the purchase and sale agreement.

5.6 Dispute between the Parties during Transfer

BUYER AND SELLER AGREE THAT DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) SHALL NOT BE LIABLE FOR DETRIMENT OR DAMAGES ORIGINATING FROM A FAILED TRANSFER PROVIDED THAT SUCH CLAIMS ARE NOT BASED UPON THE INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE OF DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE), ITS STATUTORY REPRESENTATIVES OR VICARIOUS AGENTS.

This shall apply particularly in cases in which either the Buyer or Seller rejects the proper completion of transfer-related documents, impedes the execution of the transaction in another way, or in the case where one of the contractual parties cannot be properly identified due to providing incorrect or misleading contact information.

5.7 Disclaimer of Warranties by Discount Domain Name Services Pty Ltd (trading as Domain Market Place)

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) shall dedicate itself to the secure transfer of ownership of a Domain and payment of the purchase price after an agreement has been reached between the Buyer and the Seller.

DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) IS NOT THE SELLER, AND AS SUCH, MAINTAINS NO DUTY TO VERIFY THAT THE DOMAIN NAME AND/OR INTERNET PROJECT BEING SOLD AND TRANSFERRED DO NOT VIOLATE THE PRIORITY RIGHTS OF ANY THIRD PARTIES AND THUS MAKES NO WARRANTIES AS TO THE EXISTENCE OF CONFLICTING PRIORITY RIGHTS OF ANY THIRD PARTIES.

The Buyer and Seller agree that the Domain Transfer and Escrow service does not include an examination or verification of the existence of any conflicting priority firm name, naming or trademark rights, or other rights of third parties.

FAILURE TO PERFORM AN EXAMINATION OF THE DOMAIN NAME AND/OR INTERNET PROJECT FOR THE EXISTENCE OF CONFLICTING RIGHTS, INCLUDING, BUT NOT LIMITED TO, PRIORITY OWNERSHIP RIGHTS, TRADEMARK RIGHTS, AND/OR VIOLATION OF APPLICABLE LAW, IS THE SOLE RESPONSIBILITY OF THE BUYER AND SELLER.

6. Liability Disclaimer and Indemnification

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site or Services via hyperlink, whether such hyperlink is provided by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the Discount Domain Name Services Pty Ltd (trading as Domain Market Place) Site. By providing access to other web Sites, neither Discount Domain Name Services Pty Ltd (trading as Domain Market Place) nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.

YOU AGREE THAT USE OF DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE)'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORIZED TO ASSIGN/LICENSE SUCH DOMAINS. DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) OR THROUGH THE SERVICES PROVIDED BY DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.

You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

IN NO EVENT SHALL DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE), ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE)'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, 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 HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE) AND (AS APPLICABLE) DISCOUNT DOMAIN NAME SERVICES PTY LTD (TRADING AS DOMAIN MARKET PLACE)'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, 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.

7. Intellectual Property

All content, database information, data and services available on, and collected as a whole through this Site, are property of Discount Domain Name Services Pty Ltd (trading as Domain Market Place), its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally. All rights not expressly granted herein are fully reserved by Discount Domain Name Services Pty Ltd (trading as Domain Market Place), its affiliates, advertisers, and licensors. Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s licensors' or other third-party materials, services or products referenced on this Site are common law or registered trade marks or service marks of such parties.

Solely to enable Discount Domain Name Services Pty Ltd (trading as Domain Market Place) to use your information, so that we are not violating any rights you might have in such information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable 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. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) will only use Your Information in accordance with our Privacy Policy.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s designated agent in writing and provide the following information: your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work.

All contents of the Site are: Copyright 2008 Discount Domain Name Services Pty Ltd (trading as Domain Market Place). All rights reserved.

8. Term and Termination

Until and unless terminated by you or Discount Domain Name Services Pty Ltd (trading as Domain Market Place), your status as an eligible or registered User will continue indefinitely, and fees for services will be charged as described herein (see Section 4, Fees). Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice.

Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s systems. Discount Domain Name Services Pty Ltd (trading as Domain Market Place) is under no obligation to maintain any such data or information.

9. General

Discount Domain Name Services Pty Ltd (trading as Domain Market Place) manages the Site and Services from its offices in Melbourne. This Agreement is governed by the laws of the Commonwealth Government of Australia, without regard to its choice of law rules. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Discount Domain Name Services Pty Ltd (trading as Domain Market Place) as a result of this Agreement or use of the Site or Services. Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of Discount Domain Name Services Pty Ltd (trading as Domain Market Place)'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Discount Domain Name Services Pty Ltd (trading as Domain Market Place) with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Discount Domain Name Services Pty Ltd (trading as Domain Market Place) with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Discount Domain Name Services Pty Ltd (trading as Domain Market Place) with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Discount Domain Name Services Pty Ltd (trading as Domain Market Place) to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, Discount Domain Name Services Pty Ltd (trading as Domain Market Place) may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.

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