Terms of use

1. Terms of Agreement and Modifications

In this Services Agreement (this "Agreement"), "you," "your," "Subscriber" and "Customer" refer to each customer and "we," "us" and "our" refer to DandyDomains.com, a Massachusetts-based limited liability corporation. This Agreement explains our obligations to you and your obligations to us regarding your use of DandyDomains.com services. By checking the box next to "I agree to the terms and conditions for using this website." and proceeding to register for a DandyDomains.com account, by using the Services, or by making any purchase through DandyDomains.com, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, our Privacy Policy, and any other pertinent rules or policies that are or may be published by DandyDomains.com from time to time.

Notwithstanding any other written or oral statements you believe DandyDomains.com may have made to you, this agreement constitutes the entirety of DandyDomains.com's agreements with and obligations to you and the entirety of your contractual rights in your relationship with DandyDomains.com.

You agree that DandyDomains.com may modify this Agreement and the Services from time to time. You agree to be bound by any changes DandyDomains.com may reasonably make to this Agreement when such changes are made. If You have purchased Services, Subscriptions, products, or Software from DandyDomains.com, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software, Subscriptions, products, or Services.

2. Privacy

You can view DandyDomains.com's Privacy Policy here, which is incorporated herein by reference, as it is applicable to all DandyDomains.com's Software, products, and Services. The Privacy Policy provides Your rights and DandyDomains.com's responsibilities with regard to Your personal information. DandyDomains.com will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

3. Provision and Use of Services

DandyDomains.com is constantly innovating in order to provide the best possible tools for its users. You acknowledge and agree that the form and nature of the Services which DandyDomains.com provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that DandyDomains.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at DandyDomains.com's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform DandyDomains.com when you stop using the Services.

Whilst accessing our Services, you may provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to DandyDomains.com will always be accurate, correct and up to date.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DandyDomains.com, unless you have been specifically allowed to do so in a separate agreement with DandyDomains.com. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts, web services, or desktop software).

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Any attempts made by you or on your behalf to penetrate DandyDomains.com's security will result in the termination of your account(s) without notice, as well as notification of appropriate law-enforcement agencies.

You agree not to create more than one DandyDomains.com account unless expressly permitted by DandyDomains.com staff. Any attempts to breach this rule may result in the termination of your DandyDomains.com accounts.

4. Account Security

Whilst accessing the DandyDomains.com Services, you may choose to establish an account and obtain a login name and password. You authorize us to process any and all account transactions initiated through the use of your password. You are solely responsible for maintaining the confidentiality of your password and In no event will we be liable for the unauthorized use or misuse of your login name or password. You agree that we may log off any account that is inactive for an extended period of time.

5. Intellectual Property

You understand and agree that all content and materials contained in this Agreement, other policies, and the DandyDomains.com web site are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that DandyDomains.com expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of DandyDomains.com. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

If You hold or assert any trademark, copyright, or other intellectual property right in or to a Domain Name, or any portion thereof, that is the subject of this Agreement, You do on your own behalf and not on behalf of any person and You hereby waive and release DandyDomains.com from any and all claims arising from such rights. To the extent that such waiver and release of claims is determined to be invalid in whole or in part for any reason, you agree that your remedy in any dispute with DandyDomains.com shall be limited to return of the price you paid for the Domain Name that is the subject of this agreement.

6. Domain Names

You understand that DandyDomains.com offers Domain Names only -- no accompanying developed website or web development services -- unless otherwise indicated. Listing of a domain does not guarantee its available as the domain may be simultaneously listed on other venues. If you pay for a domain via the Add to cart / Checkout buttons on DandyDomains.com and the domains has been sold to another party prior to your payment, you will be refunded in full. DandyDomains.com recommends that potential buyers make their purchase decision swiftly as DandyDomains.com's Domain Name turnover rate is quite high for that of a Domain Name reseller.

You may purchase Domain Names with a price listed via the Add to cart / Checkout buttons. DandyDomains.com processes all such purchases through PayPal.

If a domain is listed without a price, we invite you to present an offer for it via the form provided. All "serious" offers will receive a reply within 2 business days; if you receive no response within that period, it means your offer was far too low. While DandyDomains.com accepts PayPal for most transactions, DandyDomains.com reserves the right to request payment via Escrow for domains purchased via offer.

Upon completion of payment, you may select either of two methods to receive your Domain Name: (a) Domain Push, or (b) Registrar Transfer. A Domain Push is simply an account change, an expedited means of transfer wherein DandyDomains.com moves the Domain Name from our account with GoDaddy.com (our preferred registrar) to your GoDaddy.com account. Register Transfer is necessary only if you wish to receive Your Domain Name at a registrar other than GoDaddy.com. Domain Push typically completes within the same day, whereas Registrar Transfer normally requires seven days. Any incomplete or inaccurate information provided during transfer will delay the process.

All sales made through the DandyDomains.com website or staff members are final. Once a Domain Name is secured in the account of the buyer (i.e. in their control), no refund will be issued under any circumstances.

DandyDomains.com staff will be happy to assist the buyer with Domain Name configuration (name servers, forwarding, public contact information) upon completion of transfer.

In the event of a charge reversal or chargeback by a credit card company or other payment provider following purchase of a Domain Name, DandyDomains.com reserves the right to take measures such as banning from the DandyDomains.com site and future purchases, public disclosure of any personal information provided, and/or reporting to the appropriate law enforcement agencies.

7. Disclaimer of Warranties

You agree that your use of our Service(s) is solely at your own risk. You agree that all of our Services are provided on an "AS IS," and "AS AVAILABLE" basis. DandyDomains.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DANDYDOMAINS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. We make no warranty that our Services(s) will meet your requirements or that the Service(s) will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained in our or web site. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our newsletter and website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or Services purchased or obtained through any of our Services or any transactions entered into through such Services. No advice or information, whether oral or written, obtained by you from us or through our web site shall create any warranty not expressly made herein. To the extent that any jurisdiction does not allow the exclusion of such warranties, these disclaimers will apply to the greatest extent possible.

8. Notices

Upon registration, You agree that DandyDomains.com may deliver critical service update notifications and rare, but occasional, domain name offers to your electronic address on file unless you specifically choose to opt out of receiving such notices.