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Domain Name Sales Agreement

From time to time, Blue Aegis Software & Marketing offers for sale domain names which have been registered to our company. The sale of these domain names are governed by the terms of the following Domain Name Sales Agreement:

This Domain Name Sales Agreement ("Agreement") is entered into by and between Blue Aegis Software & Marketing ("the Seller"), and you, your heirs, assigns, agents and contractors ("You" or "the Purchaser") and is effective upon its date of execution, whether the execution of this Agreement is made electronically, or by physical means or methods. This Agreement sets forth the terms and conditions of Your purchase of any domain name ("Domain Name") provided online at or by the Seller, and represents the entire agreement between You and the Seller. By purchasing a domain name from the Seller, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement.

Whereas the Seller is a reseller of domain names, and is not an accredited registrar; and, whereas You desire to purchase a domain name from the Seller;

Therefore, the Seller and the Purchaser agree as follows:

Purchase of Domain Name:

The Seller shall sell to the Buyer any Domain Name made available for purchase at the BlueAegis.com web site for currency established as Legal Tender in the United States of America, the purchase price of which shall be either fixed in the Domain Name's description and offer to sell at the web site, or established at auction by means of fair competition in bidding. Unless otherwise stated, all Domain Name sales shall include a Domain Name parking space at no additional cost to the Purchaser.

Seller's Responsibilities:

The Seller acknowledges and agrees to the following responsibilities as set forth in this Agreement:

• Upon satisfactory receipt of payment by the Purchaser for the Domain Name, the Seller agrees to initiate transfer of registration and all rights to the Domain Name purchased to the Purchaser. When an escrow service is employed for the purpose of transacting the sale of a Domain Name, satisfactory receipt of payment shall be defined as notification to the Seller, by the escrow service, that the Purchaser has deposited funds with the escrow service in US currency (or equivalent) for the amount of the agreed sale.
• Prior to initiating transfer of registration and rights of the Domain Name to the Purchaser, the Seller will ascertain that the Domain Name is properly parked on a server of the Seller's choosing.
• The Seller shall provide to the Purchaser detailed information, via email, instructing the Purchaser in the manner to proceed for the completion of the transfer of registration to the Domain Name.
• When an escrow service is used for the transacting of goods and services for the completion of this sales agreement, the Seller may optionally agree to pay no more than fifty percent (50%) of all associated fees as established and set forth by the escrow service.

Purchaser's Responsibilities:

The Purchaser acknowledges and agrees to the following responsibilities as set forth in this Agreement:

• The Purchaser shall pay to the Seller the amount agreed upon for the purchase of the Domain Name, and that amount shall be paid in US currency, or its equivalent. When an escrow service is employed for the purpose of transacting the sale of a Domain Name, the Purchaser shall make the said deposit with the escrow service according to the escrow service's specific instructions.
• Upon receipt of detailed instructions, via email, instructing the Purchaser in the manner to proceed for the completion of the transfer of registration to the Domain Name, the Purchaser will comply with those instructions and complete the transfer of registration to the Domain Name.
• Upon completing the transfer of registration to the Domain Name, if an escrow service was employed for the purpose of transacting the sale of the Domain Name, the Purchaser agrees to notify the escrow service of the completed transfer of the Domain Name and to authorize the release of payment for the Domain Name in accordance with the specific instructions provided by the escrow service.
• When an escrow service is used for the transacting of goods and services for the completion of this sales agreement, the Purchaser agrees to pay all associated fees as established and set forth by the escrow service, with the exception of that portion of the fees agreed to by the Seller.

Disclaimer of Appraised Value:

An independent Domain Name appraisal service may be employed by the Seller for the purpose of appraising the value of any of our Domain Names. Appraised values are based, in part, upon the appraiser's opinions in lieu of facts. Though appraisal values may be helpful, the Seller does not recommend that any Domain Name purchasing decision be made based solely upon these appraisals.

Limitations of Liability:

The Seller shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this Agreement, the Domain Name Registration Services used, or the use of any Domain Name purchased from the Seller, including but not limited to: damages for lost profits, loss of use, lost data, loss of privacy, damages to third parties. This limited liability clause shall apply even if the Seller has been notified of the possibility of any claims. In no event shall the Sellers' maximum liability exceed the total amount paid by the Purchaser for the Domain Name. The Seller's liability is limited to the extent permitted by law in states that do not allow the exclusion or limitation of liability for consequential or incidental damages.

Venue:

This Agreement shall be deemed entered into in the State of Alabama. The laws and judicial decisions of Mobile County, Alabama shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. Any action relating to or arising out of this Agreement shall be brought in the courts of Mobile County, Alabama.

The Purchaser agrees to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

Notices:

All notices relating to or arising out of this agreement are to be mailed to:

Blue Aegis Software & Marketing
201-B Dauphin Street
Mobile, AL 36602
(USA)