I. General Terms

1. Contract Partner
The client’s contract partner is JaguarDomains.com 141 Ridge Avenue, Passaic, NJ 07055

2. Exclusive Application of HPdomains.com Terms and Conditions
The HPdomains.com Terms and Conditions apply exclusively in the contract between HPdomains.com and the client, private or corporate. As far as the client’s Terms and Conditions in full or partially differ from the HPdomains.com Terms and Conditions, the former will not be incorporated in the contract with HPdomains.com.

3. Service Specifications and Remuneration
The specification of each service offered by HPdomains.com, including price, payment conditions and mode of payment, is defined by the details found on the HPdomains.com web site and by the descriptions in these general terms and conditions.

4. General Limitation of Liability
HPdomains.com accepts liability only for damages due to intentional infringements or gross negligence caused by either HPdomains.com, its legal representatives or persons employed in performing an obligation. However, this does not apply in the case where warranted quality or essential contractual obligations are effected.

5. Protection of Data
The client agrees that during the contractual relationship his/her data will be electronically processed and saved by HPdomains.com according to United States data protection laws. Unauthorized access will not be given to any third party. The transmission of user data for the purpose of contract implementation and invoicing does not qualify as unauthorized access. The client will be reminded that the safety of data transmission through the Internet cannot be completely guaranteed at any time. At the present state of technology there is still a certain risk that data may be accessed by unauthorized persons.

II. Database Service

1. Contract Specifications of the Database Service
Users offering their domain names, complete web sites or web-based businesses for sale or lease may make their entries into the HPdomains.com database free of charge. Prospective buyers or lessees may enter search terms into the database to look for offers, and enter a bid for certain entries. These bids and the responses of the domain name holders will be forwarded to the other party free of charge via e-mail. HPdomains.com acts here neither as a buyer or seller, nor as a lessee or lesser, nor as the representative of any of the above-mentioned parties. In addition, within the scope of this database service, HPdomains.com does not act as an auctioneer nor as a broker.
Whether the user decides to choose the Active Marketing Service or the Escrow Service or not, the database service simply offers a platform for the establishing of contacts and for negotiation, without HPdomains.com being involved in the transactions between users. Contracts of sale and lease agreements are made exclusively between the users of the database (domain names and prospective buyers/lessees), who are free to arrange the details of their contract.

2. Entry Requirements and User Obligations
For the use of the database the following entry requirements and obligations apply:

a) Domain name is the Owner of the Domain Name
The entry of a domain name, web site or web-based business constitutes an assurance from the domain name assures explicitly that he/she is the owner of the entered domain name and is able to dispose of it as the administrative coordinator (admin-c). Should the domain name enter a domain name into the database, sell or lease a domain name which does not belong to him/her or of which he/she is not the admin-c, then he/she is personally liable and obliged to compensate HPdomains.com completely for any damages or costs incurred from the database entry, sale or lease.

b) No Infringement of Rights of a Third Party
The domain name of a domain name, web site or web-based business is to make sure that the offered entry and its use does not infringe the rights of a third party, in particular, his/her/its intellectual rights, rights of the use of a name, and trademark rights. Before making any offer, the domain name is obliged to make all relevant checks. Should the domain name enter a domain name into the database which infringes the rights of a third party then he/she is personally liable and obliged to compensate HPdomains.com completely for any damages or costs incurred from the database entry, sale or lease.

c) No Infringement of Existing Laws through Domains
The user undertakes not to enter any domain names or web sites into the database, of which the name or content violates existing laws of the Federal Republic of New Jersey.

d) Creation of User Accounts by Domain names and Prospective Buyers
The user undertakes to set up a user account and to fill out the registration form completely and accurately.

e) No Entry of Bids for Own Domain Offers
The domain name of a domain name, web site or web-based business undertakes not to enter a bid for his/her own offer and not to instruct other persons to do this.

f) Data Administration
The domain name undertakes to keep any data which he/she has added to the database up-to-date. If a domain name, web site or web-based business has been sold, he/she is to remove it from the database. Furthermore the domain name undertakes to remove the domain name from the database immediately if a warning has been issued, or as soon as any knowledge has been received that the rights of a third party or that existing laws could be violated. This shall hold until legal clarification of the situation has been made.

g) Approval of transaction- and escrow service
The user agrees that if a domain selling/buying contract is signed, HPdomains.com will carry out the transaction of the domain name or the internet project if one of the contracting parties has ordered the transaction/ escrow service, or the active marketing with included transaction/ escrow service. In such a case, there are no costs for the user which has not ordered such a service.

3. Liability for Database Service
HPdomains.com is neither owner of the domain names or web sites in the database nor does it have any influence on the business conducted between users of the database. Regarding the database service, all processes including purchase and sale, or lease of domain names and web sites or web-based businesses, provider change, domain transfer and payments lie outside the activities of HPdomains.com. The responsibility for the content of the entered offers lies exclusively with the respective domain name.

a) Legal Transactions or Other Acts of Users
HPdomains.com excludes itself from any liability for legal transactions and other acts of the database users. This also applies to any violations of rights of a third party through the entry of a domain name in the database, in particular his/her/its intellectual rights, rights of the use of a name, and trademark rights.

b) Transmission of Data
HPdomains.com excludes itself from any liability for damages due to the false transmission of data, loss of data or false reproduction of a domain name in the database, as long as these damages are not due to intentional infringements or gross negligence caused by either, HPdomains.com, its legal representatives or persons employed in performing an obligation.

c) No Warranty for Domain names´ Ownership and for the Non-existence of a Third Party with Rights to the Domain Name
HPdomains.com makes no guarantee to any prospective buyer or lessee that the domain name entered by an domain name in the database has in fact been registered, or that the domain name is the owner of the entered domain name and is able to dispose of this domain name as the administrative coordinator (admin-c). Furthermore HPdomains.com makes no guarantee that the domain name can be used by the buyer or lessee, and can be transferred by the domain name without violating any rights of a third party.

4. Rejection and Removal of Database Entries through HPdomains.com
HPdomains.com reserves the right at any time to reject the entry of any domain names into the database or to remove and blacklist domain names which have already been entered, without prior warning, without giving any reasons and at any time. This can take place especially in the case of a breach of users' obligations, when there is doubt surrounding the violation of rights of a third party concerning a domain name, or surrounding the violation of existing laws of the Federal Republic of New Jersey.

III. Domain Appraisal

1. Contract Specifications of the Domain Appraisal
The domain appraisal service offers the possibility to have the value of a domain name estimated by HPdomains.com.

a) Types
There are two types of domain appraisal services offered in the English language, the "Standard Appraisal" and the "Premium Appraisal". The specification of each service is defined by the details found on the HPdomains.com web site.

b) Appraisal Criteria
The appraisal is a factor analysis based on experience and relative values. Neither auditing nor legal advice is part of the contract.

c) Estimated Value
As the trading of Internet domain names is still a young and dynamic market, the given value is only an estimated value. The actual sale price can vary significantly due to a particular market situation, relative bargaining power, or legal uncertainty (for example with regards to the rights of a third party, especially his/her/its intellectual rights, rights of the use of a name, and trademark rights).

2. No Guarantee for the Realization of a Given Value
HPdomains.com does not guarantee that the given value will be realized through a sale. It also does not preclude the possibility of attaining a higher sales price.

IV. Escrow Service

1. Contract Specifications of the Escrow Service
The Escrow Service offers users the possibility to have HPdomains.com perform the domain name or web site transfer on their behalf. This should ensure the frictionless and secure transfer of the payment and the domain name or web site for both parties. HPdomains.com acts here neither as a buyer or seller, nor as the representative of a buyer or a seller, nor as a broker. The responsibility for the object of sale lies exclusively with the parties of the contract of sale, who are free to arrange the details of their contract. The Escrow Service includes the following:

a) Supervision of the Conclusion of the Contract of Sale
Directly after the placement of an order for the Escrow Service, the buyer has the possibility to print out HPdomains.com standard contract form for domain sales, to fill it out, sign it and send it by fax or by post to HPdomains.com. The contract is then forwarded to the seller, who, at the same time, receives a form about the announcement of a provider change. The seller then fills out this form, and returns it completed and signed along with the signed contract of sale to HPdomains.com. HPdomains.com then sends a copy of the completed contract of sale to the buyer and requests for the payment of the full sales price to its trust account. Further contract arrangements or legal advice are not part of this agreement with HPdomains.com.

b) Payment Supervision and Initiation of the Transfer Process
As soon as HPdomains.com trust account has been credited with the full sales price, the transfer of the domain name or web site from the seller to the buyer will be initiated. In order to do this, HPdomains.com transmits the seller’s announcement of a provider change to his/her provider. HPdomains.com will also forward a signed order for a domain take-over from the buyer to his/her provider. From this point onwards, HPdomains.com no longer has influence on the further progression of the transfer process.

c) Supervision of the Transfer of the Domain Name / Web Site, and Payment of the Sales Price
Only in the case whereby the transfer of the domain name or web site has been concluded and the buyer has been successfully entered into the WHOIS-database of the relevant registration authority, will the payment of the purchase price from the trust account to the seller be effected. In the case of a failure of the transfer of the domain name or web site, the amount credited in the trust account will be refunded to the buyer.
The transfer is irrefutably presumed to have failed in the case whereby either contract party has not fulfilled his/her obligations in the transfer process after two requests from HPdomains.com. Please note that violations of co-operation obligations can lead to claims for compensation between buyers and sellers.

d) Remuneration Obligation of the User of the Escrow Service and Further Costs
In the case whereby the transfer process has failed due to reasons for which HPdomains.com is not responsible, the user shall still be obliged to pay the remuneration, as long as he/she is responsible for the failure of the process.
Please also note that further costs may arise from the transfer of the domain from buyer to seller, for example for the registration of the acquired domain with the new provider. These payment obligations are to be settled between the customer him/herself and the provider.

2. No Liability in the Case of Domain Transfer Failure
HPdomains.com excludes itself from any liability for damages due to a failure of the domain transfer process, as long as these damages are not due to intentional infringements or gross negligence caused by either HPdomains.com , its legal representatives or persons employed in performing an obligation.

3. No Warranty for the Non-existence of a Third Party with Rights to the Domain Name
HPdomains.com makes no guarantee to either buyer or seller that the domain name can be used by the buyer or can be transferred to him/her without violating any rights of a third party, especially the intellectual rights, the rights of the use of a name, and the rights derived from trademark law. The investigation of the possible violation of rights of a third party is not included in the scope of HPdomains.com ´s responsibility under its Escrow Service. The investigation or non-investigation of the possible violation of rights lies totally within the risk of the user. HPdomains.com excludes itself from any liability for damages of the user of the Escrow Service due to the sale or purchase of a domain name or web site through which the rights of a third party are violated, as long as these damages are not due to intentional infringements or gross negligence caused by either HPdomains.com, its legal representatives or persons employed in performing an obligation.

4. Further Regulations for the Seller
In the case whereby the order for the Escrow Service has been made by the seller, the following regulations apply:

a) Seller is the Owner/Admin-C of the Domain Name or Web Site
The seller of a domain name, web site or web-based business assures explicitly that he/she is the owner of all his/her entries and is able to dispose of them as the administrative coordinator (admin-c). Should the seller offer or sell a domain name which does not belong to him/her or of which he/she is not the admin-c, then he/she is personally liable and obliged to compensate HPdomains.com completely for any damages or costs incurred from the offer or sale.

b) No Infringement of Rights of a Third Party
The seller of a domain name, web site or web-based business is to make sure that the offered domain name and its use does not infringe the rights of a third party, in particular his/her/its intellectual rights, rights of the use of a name and trademark rights. Before making any offer, the seller is obliged to make all relevant checks.
Should the seller offer or sell a domain name which infringes the rights of a third party then he/she is personally liable and obliged to compensate HPdomains.com completely for any damages or costs incurred from the offer or sale.

c) No Infringement of Existing Laws through Domains
The user undertakes not to order the Escrow Service for domain names and web sites of which the name or content violates existing laws of the Federal Republic of New Jersey.

V. Active Marketing Service

1. Contract Specifications of the Active Marketing Service
The active marketing of domain names and web sites or web-based businesses offers customers additional possibilities on top of a simple database listing to promote their domain names and thus increase the chance of a sale. The Active Marketing Service includes the following:

a) Targeted Search for a Buyer in Special Cases
If HPdomains.com feels that a particular domain name, web site or web-based business has a high chance of sale; it will carry out a targeted search for a buyer. The decision to do this lies exclusively with the initiative of HPdomains.com.

b) Integrated Escrow Service
When an actively-marketed domain name, web site or web-based business is sold, HPdomains.com will automatically perform the domain name or web site transfer on behalf of the customer. The provisions concerning the Escrow Service (see IV) will then apply.

2. Payment
After a successful sale of a domain name, web site or web-based business through the Active Marketing Service, a fee is due. The amount depends on the attained sales price and is based on the HPdomains.com price list, which can be found at the HPdomains.com web site under the "Services" menu.

VI. Final Provisions

1. Applicable Law, Place of Performance, Place of Jurisdiction, Language
The contractual relationship between the customer and HPdomains.com is subject to New Jersey law, which is exclusively applicable. The place of performance is Passaic, NJ.
If the client, private or corporate, is running a commercial enterprise, or if the client has no place of general jurisdiction within the Federal Republic of New Jersey (because a person’s place of residence or a company’s seat lies outside the State of New Jersey), then the place of jurisdiction of the contractual relationship will be Passaic, NJ.

2. Individual Agreements and Contract Modifications
In order for individual agreements, contract modifications and additions to the contract to be valid, they must be sent and agreed in writing or by fax, unless otherwise stated in this document.

3. Changes to this Document
All users with an account at HPdomains.com will be notified of changes to this document by e-mail or post at least four weeks before coming into force. If no objections have been made by a user, then the changes will be considered to have been accepted by him/her and will be enforced in any contractual relationship that may come about between him/her and HPdomains.com. When notifying its users of changes to this document, HPdomains.com is to point this out again.

4. Ineffective Contractual Provisions
If a provision in these general terms and conditions or any other contractual provision in full or partially should be invalid or rendered invalid, the validity of the rest of this contract will not be affected. The ineffective provision shall be replaced by a valid one which approaches the former as best possible.