Moniker Appraisal Terms

MONIKER DOMAIN NAME APPRAISAL SERVICE AGREEMENT

ALTHOUGH MONIKER ONLINE SERVICES, LLC / MONIKER APPRAISALS ARE CONSIDERED THE INDUSTRY STANDARD, AND ARE ACCEPTED BY THE IRS AND LENDING AND FINANCING INSTITUTIONS, THE TERMS OF SERVICE BELOW APPLY TO YOUR APPRAISAL ORDER AND APPRAISAL RESULTS.

THIS MONIKER.COM DOMAIN NAME APPRAISAL SERVICE AGREEMENT ("AGREEMENT") IS ENTERED INTO BY AND BETWEEN MONIKER ONLINE SERVICES, LLC, ("MONIKER.COM") A FLORIDA LIMITED LIABILITY COMPANY AND YOU, YOUR AGENTS, EMPLOYEES, REPRESENTATIVES, HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "YOU"), AND IS MADE EFFECTIVE AS OF THE DATE OF ELECTRONIC EXECUTION. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS OF YOUR USE OF MONIKER.COM’S DOMAIN NAME APPRAISAL SERVICE AND ITS RELATED SERVICES (COLLECTIVELY, THE "SERVICES") AND REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND MONIKER.COM CONCERNING THE SUBJECT MATTER HEREOF. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES INCLUDING, BUT NOT LIMITED TO, THE UNIVERSAL TERMS OF SERVICE THAT MONIKER.COM MAY ESTABLISH, BY POSTING ON ITS WEBSITE OR OTHERWISE, FROM TIME TO TIME, IN ITS SOLE DISCRETION, AND ANY AGREEMENTS THAT MONIKER.COM IS CURRENTLY BOUND BY OR MAY BECOME BOUND BY IN THE FUTURE. SUCH AGREEMENTS MAY BE FOUND HERE. ALL MONIKER.COM POLICIES AND AGREEMENTS RELATED TO YOUR USE OF THE SERVICES ARE INCORPORATED HEREIN AND MADE PART OF THIS AGREEMENT BY REFERENCE.

AVAILABILITY OF SERVICES

SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SET FORTH IN EACH OF MONIKER.COM'S POLICIES AND PROCEDURES, MONIKER.COM SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ATTEMPT TO PROVIDE THE SERVICES ON A TWENTY-FOUR (24) HOURS A DAY, SEVEN (7) DAYS A WEEK BASIS THROUGHOUT THE TERM OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME THE SERVICES MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION:

1. EQUIPMENT MALFUNCTIONS;
2. PERIODIC MAINTENANCE PROCEDURES OR REPAIRS THAT MONIKER.COM MAY UNDERTAKE FROM TIME TO TIME; OR
3. CAUSES BEYOND THE REASONABLE CONTROL OF MONIKER.COM OR THAT ARE NOT REASONABLY FORESEEABLE BY MONIKER.COM, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OR FAILURE OF TELECOMMUNICATION OR DIGITAL TRANSMISSION LINKS, HOSTILE NETWORK ATTACKS, NETWORK CONGESTION OR OTHER FAILURES. YOU ACKNOWLEDGE AND AGREE THAT MONIKER.COM HAS NO CONTROL OVER THE AVAILABILITY OF THE SERVICES ON A CONTINUOUS OR UNINTERRUPTED BASIS.

STATEMENT OF ASSUMPTIONS; LIMITING CONDITIONS

THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY APPRAISAL REPORT AND ALL RESULTS CONTAINED IN SUCH REPORT (A "REPORT"), ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY REPORT IS PROVIDED EXCLUSIVELY TO YOU FOR YOUR SOLE AND EXCLUSIVE USE. THE REPORT IS NOT VALID FOR USE BY, OR RELIANCE ON, ANY THIRD PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF MONIKER.COM. MONIKER.COM SHALL NOT BE RESPONSIBLE FOR ANY RELIANCE BY YOU OR ANY THIRD PARTY ON ANY REPORT AND THE RESULTS CONTAINED THEREIN. NEITHER THE REPORT NOR ANY INFORMATION CONTAINED THEREIN IS DESIGNED FOR OR SHOULD BE USED AS A BASIS FOR ESTABLISHING OR EVIDENCING THE VALUE OF ANY DOMAIN NAME AS COLLATERAL FOR BUYERS OR LENDERS, AS A BUSINESS ASSET FOR ANY PUBLIC OR SHAREHOLDER DISCLOSURE OR PRIVATE OR PUBLIC REQUEST FOR WHICH A THIRD-PARTY MAY RELY ON THE REPORT. MONIKER.COM DOES NOT WARRANT THE APPRAISED VALUE PROVIDED IN ANY REPORT. VALUATIONS OF DOMAINS NAMES ARE, BY NATURE, PERSONAL AND SUBJECTIVE AND MANY CIRCUMSTANCES IMPACT SUCH VALUATIONS, WHICH ARE BEYOND THE CONTROL OR KNOWLEDGE OF MONIKER.COM. IN ADDITION, THE APPRAISED VALUE MAY BE BASED ON INFORMATION AND DATA GATHERED BY MONIKER.COM FROM INDEPENDENT SOURCES. MONIKER.COM DOES NOT WARRANT THE ACCURACY OF ANY SUCH INFORMATION. THE APPRAISED VALUE PROVIDED IN ANY REPORT MAY NOT NECESSARILY REFLECT THE ACTUAL VALUE OF THE DOMAIN NAME THAT IS THE SUBJECT OF THE REPORT, OR ANY TRANSACTION PRICE OR OFFER TO PURCHASE THE DOMAIN NAME REGISTRATION FOR THE DOMAIN NAME LISTED IN THE REPORT. MONIKER.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY APPRAISED VALUE WILL REFLECT THE ACTUAL VALUE OF ANY DOMAIN NAME, OR ANY TRANSACTION PRICE OR OFFER TO PURCHASE THE DOMAIN NAME REGISTRATION FOR THE DOMAIN NAME THAT IS THE SUBJECT OF ANY REPORT. THE APPRAISED VALUE REFLECTS MONIKER.COM'S ESTIMATE OF MARKET VALUE BASED ON AN ASSESSMENT OF MARKET CONDITIONS AT THE TIME THE REPORT WAS ISSUED AND BASED UPON MONIKER.COM'S APPRAISAL METHOD. MONIKER.COM IS NOT RESPONSIBLE FOR, AND CANNOT PREDICT, CHANGES IN THE MARKET OR OTHER CIRCUMSTANCES THAT MAY EFFECT OR CHANGE THE VALUE OF A DOMAIN NAME. MONIKER.COM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT THE ACCURACY OF ANY REPORT, AND SHALL NOT BE LIABLE FOR ANY INACCURACIES OR ERRORS CONTAINED OR REFLECTED IN ANY REPORT OR ITS APPRAISAL METHOD. NO REPORT CONSTITUTES AN OFFER OR CONTRACT. IN NO EVENT SHALL MONIKER.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY REPORT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.

MONIKER.COM'S RIGHTS

MONIKER.COM EXPLICITLY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO :

1. MODIFY ITS PRICING;
2. REVIEW YOUR USE OF THE SERVICES FOR EXCESSIVE SPACE AND BANDWIDTH UTILIZATION AND TO TERMINATE YOUR USE OF THE SERVICES OR APPLY ADDITIONAL FEES IF YOU EXCEED ALLOWED LEVELS;
3. ESTABLISH LIMITS AND GUIDELINES CONCERNING THE USE OF THE SERVICES;
4. TERMINATE YOUR USE OF THE SERVICES FOR: USE OF THE SERVICES TO UNNECESSARILY OR ILLEGALLY HARASS; NON-PAYMENT OF FEES FOR THE SERVICES; ACTIVITIES DESIGNED TO DEFAME, EMBARRASS, HARM, ABUSE, THREATEN, SLANDER OR HARASS THIRD PARTIES: ACTIVITIES PROHIBITED BY THE LAWS OF THE UNITED STATES AND/OR FOREIGN TERRITORIES IN WHICH YOU CONDUCT BUSINESS; ACTIVITIES DESIGNED TO ENCOURAGE UNLAWFUL BEHAVIOR BY OTHERS, SUCH AS HATE CRIMES, TERRORISM AND CHILD PORNOGRAPHY; ACTIVITIES THAT ARE TORTIOUS, VULGAR, OBSCENE, INVASIVE OF THE PRIVACY OF A THIRD PARTY, RACIALLY, ETHNICALLY, OR OTHERWISE OBJECTIONABLE IN THE SOLE OPINION OF MONIKER.COM; ACTIVITIES DESIGNED TO IMPERSONATE THE IDENTITY OF A THIRD PARTY; ACTIVITIES DESIGNED TO HARM MINORS IN ANY WAY; AND OTHER ACTIVITIES WHETHER LAWFUL OR UNLAWFUL THAT MONIKER.COM DETERMINES, IN ITS SOLE DISCRETION, TO BE HARMFUL TO THE PUBLIC OR MONIKER.COM’S OTHER CUSTOMERS, OPERATIONS, OR REPUTATION;
5. TERMINATE YOUR USE OF THE SERVICES IF YOUR USE OF THE SERVICES RESULTS IN, OR IS THE SUBJECT OF, LEGAL ACTION OR THREATENED OR PROPOSED LEGAL ACTION, AGAINST MONIKER.COM OR ANY OF ITS AFFILIATES OR PARTNERS, WITHOUT CONSIDERATION FOR WHETHER SUCH LEGAL ACTION OR THREATENED OR PROPOSED LEGAL ACTION IS EVENTUALLY DETERMINED TO BE WITH OR WITHOUT MERIT, AND
6. TERMINATE YOUR USE OF THE SERVICES IF YOU HAVE NOT ACCESSED OR LOGGED INTO MONIKER.COM FOR MORE THAN NINETY (90) DAYS. IF MONIKER.COM TERMINATES YOUR USE OF THE SERVICES, MONIKER.COM MAY, AT ITS OWN OPTION AND IN ITS SOLE DISCRETION, REMOVE AND DESTROY DATA AND FILES STORED BY YOU ON ITS SERVERS. MONIKER.COM HAS NO OBLIGATION TO MONITOR YOUR USE OF THE SERVICES, BUT RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DO SO.