Part I. The Agreement
1. These Terms
1.1 These General Terms (the "Terms") govern your access to and use of the Deqo platform and the Services, including the marketplace at deqo.com and the application at app.deqo.com, operated by Deqo, Inc. ("Deqo", "we", "us", "our").
1.2 Deqo is a Delaware corporation with principal operations at 2219 Main Street Unit 601, Santa Monica, California 90405.
1.3 By creating an account or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
1.4 Access to certain features of the platform is governed by an Addendum to these Terms. Each Addendum is accepted separately when access to the feature it governs is enabled on your account, and by continuing to access or use that feature you accept the Addendum governing it.
1.5 An Addendum forms part of these Terms. Where an Addendum conflicts with these Terms, the Addendum prevails, and only in respect of the feature it governs. These Terms continue to apply in full in every other respect.
1.6 An Addendum terminates automatically when your access to the feature it governs ends, except for any provision expressed to survive.
1.7 These Terms are supplemented by the Privacy Policy at deqo.com/legal/privacy and the Trademark and Copyright Policy at deqo.com/legal/ip-policy, each of which forms part of these Terms. Neither requires separate acceptance.
1.8 Every agreement you have accepted, and every Addendum applying to your account, is available inside your account at all times.
2. Definitions
In these Terms, the following words have the following meanings. A defined term is capitalized wherever it is used.
Account Balance. Funds you hold with Deqo and may apply to amounts payable to us, as described in clause 32.
Addendum. A document governing a specific feature or program, forming part of these Terms and accepted separately when access to that feature is enabled on your account.
Buy Now Price. The price at which a Seller offers a domain name for purchase.
Buyer. A User who purchases a domain name through the Services.
Commission. The amount Deqo retains on a completed sale or on an installment, calculated under clause 18.
Credit. An amount standing to your Account Balance, whether added by you or applied by us. Credit is not cash and is not refundable in cash.
ICANN. The Internet Corporation for Assigned Names and Numbers, and any successor body.
Listing. A domain name offered for sale through the Services, together with the content displayed with it.
Marketplace. The public Deqo marketplace at deqo.com.
Payment Plan. An arrangement under which a Buyer acquires a domain name through monthly installments, also referred to as lease-to-own.
Proceeds. The amount payable to a Seller on a completed sale, after deduction of Commission and any amount owed to Deqo.
Registrant. The person or entity recorded as the registrant of a domain name with the applicable Registrar Partner and Registry.
Registrar Partner. An ICANN-accredited registrar through which Deqo provides the Registrar Service.
Registrar Service. The registration, transfer, renewal, restoration, and management of domain names through Deqo and its Registrar Partners, as described in Part IV.
Registry. The operator of a domain name extension, and any back-end provider acting for it.
Seller. A User who lists one or more domain names for sale through the Services. A Seller is also referred to in the application as an investor.
Selling Access. The account entitlement, granted by Deqo at its discretion, permitting an account to use the portfolio, listing, and payout features described in Part III.
Services. The features and services provided by Deqo, including the Marketplace, the Registrar Service, the portfolio and listing tools, and all functionality available through deqo.com and app.deqo.com.
Syndication. The publication of a Listing to a third-party marketplace, as described in clause 16.
User, you, your. Any individual or entity that creates an account or uses the Services.
Watchlist. The tool described in clause 14.2, used to monitor domain names you do not own.
3. Eligibility
3.1 To create an account or use the Services, you must:
(a) be at least 18 years of age, or the age of legal majority in your jurisdiction if that is higher;
(b) have the legal capacity to enter into a binding agreement; and
(c) not be prohibited from using the Services under any law applicable to you.
3.2 By using the Services, you represent and warrant that you meet the requirements in clause 3.1, and that all information you provide to us is accurate.
3.3 We may refuse or reverse any transaction, and suspend or close any account, where sanctions or other legal requirements prevent us from dealing with you.
4. Your Account
4.1 You must provide accurate, complete, and current information when you register, and keep it up to date.
4.2 You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us at [email protected] without delay if you believe your account has been compromised.
4.3 You must not share your account, or open an account on behalf of a third party without that party's authority.
4.4 We may require verification of your identity, your business, and your payout details before you access certain features, including selling domain names, receiving payouts, or making high-value purchases. We may require that verification again at any time, and may withhold access or payment until it is complete.
4.5 You may hold only one account unless we agree otherwise in writing.
Part II. Buying
5. The Marketplace
5.1 Domain names listed through the Marketplace are offered by Sellers at the Buy Now Price. When you purchase a domain name, you enter into a transaction with the Seller.
5.2 Deqo facilitates the transaction, holds the purchase funds, and effects delivery of the domain name, but is not a party to the agreement of sale between you and the Seller.
5.3 Listing content, including descriptions, categories, keywords, and estimated values, is provided for information only and does not form part of the description of the domain name sold except where clause 10.4 applies.
6. Price and Payment
6.1 The total displayed at checkout is the amount payable. That total is itemized before you confirm your order and may include amounts in addition to the listed price, including one year of registration for the domain name at our price for the relevant extension.
6.2 Prices are stated in US dollars unless the Listing states otherwise.
6.3 The payment methods available to you are displayed at checkout. Availability varies according to the contents and value of your order, and checkout will present only those methods available for your order.
6.4 Payments made in cryptocurrency are final and cannot be reversed once confirmed on the blockchain.
6.5 You authorize us to charge the payment method you select for the total displayed, and for any amount that subsequently becomes payable by you under these Terms.
7. Bank Transfer Orders
7.1 Placing an order does not reserve a domain name. A domain name is reserved only once payment is received and cleared.
7.2 Where you elect to pay by bank transfer, the domain name remains listed and available for purchase by others until your funds arrive. If another Buyer purchases it first, your order is canceled, no amount is charged to you, and we will notify you.
7.3 We will send reminders while payment is outstanding. If your transfer has not been received within 21 days of the order date, we will cancel the order.
8. Order Verification
8.1 An order is not final until confirmed by us. You acquire no rights in a domain name until we confirm the sale.
8.2 We verify payment before a domain name is delivered. Where an order requires further review, we may withhold delivery, request documentation from you, or decline the order.
8.3 Verification is normally completed promptly. We will notify you if it will take longer.
9. Delivery
9.1 Domain names are delivered into your Deqo account. No registrar selection is made at checkout, and no action is required from you to take delivery. We will notify you of progress by email.
9.2 You may transfer a domain name to another registrar following expiry of the 60-day lock period that applies after a change of Registrant. Transfer times after that are determined by the extension and the registrars involved, and we are not liable for delays attributable to them.
9.3 Where a domain name cannot be transferred immediately because of a lock at its current registrar, we will hold it on your behalf and keep you informed. You may request a refund of the registration amount rather than wait.
9.4 Where we hold a domain name on your behalf, and you do not take delivery of it, we may return it to the Seller and refund you.
10. Refunds and Cancellations
10.1 Once delivery of a domain name has commenced, the sale is final.
10.2 Where the transfer has not been initiated, you may cancel an order within 24 hours of placing it, provided the purchase was not made under a Payment Plan. We retain a cancellation fee of 5% of the order value in respect of payment processing costs already incurred. The cancellation fee is not itself refundable.
10.3 Where we are unable to deliver the domain name, you will receive a full refund, and no cancellation fee applies.
10.4 If you believe a Listing was materially misdescribed, you must notify us at [email protected] promptly after purchase. We will investigate. Investigation does not constitute an undertaking to refund, and we may determine that the Listing was accurate.
10.5 Registration and renewal fees are non-refundable once paid to the Registry.
10.6 Where a refund is due, we determine the method by which it is made. That will normally be the method used for the original payment, and we may agree a different method with you. Any fee charged by a payment provider in making the refund may be deducted from the amount returned.
10.7 Credit is not refundable. Funds held in your Account Balance are not returned to you in cash, are not transferable, and do not expire, whether they were added by you, issued to you as a refund, or applied by us for any other reason. Where a refund is due in respect of an amount paid from your Account Balance, it is returned to your Account Balance as Credit. Clause 32 applies.
10.8 A payment processing fee charged when funds were added to your Account Balance is not refundable.
11. Payment Plans
11.1 Certain domain names may be acquired under a Payment Plan. Title passes to you only on payment in full.
11.2 A Payment Plan comprises a setup fee payable at the outset, followed by monthly installments and a monthly fee. The first payment is higher because it includes the setup fee. All amounts and the term of the plan are disclosed before you commit. Payments are collected automatically.
11.3 During the term, the domain name is held in an account controlled by Deqo. You may use the domain name, including for a website, email, and DNS. You must not sell, transfer, sublicense, pledge, or otherwise grant any third party rights in the domain name before title passes.
11.4 Where an installment is not paid when due:
(a) we will notify you by email and reattempt collection;
(b) on day 10, your use of the domain name will be suspended, and any website or email service associated with it will cease to operate;
(c) on day 15, the Payment Plan will be canceled; and
(d) if payment is received between day 10 and day 15, the plan is reinstated and access restored automatically, at no additional charge.
11.5 On cancellation of a Payment Plan, whether by you or by us, amounts already paid are not refundable and the plan may not be reinstated. Any subsequent acquisition of the same domain name constitutes a new transaction.
11.6 You may settle the outstanding balance early at any time. The settlement amount is shown in your account settings.
11.7 Where, following payment in full, we are unable to transfer the domain name to you, we will refund the amounts you have paid, up to the value of the domain name. This is the only circumstance in which amounts paid under a Payment Plan are refunded. Clause 10.6 determines how that refund is made.
11.8 Where a domain name subject to a Payment Plan is lost as a result of a proceeding under clause 30, the Payment Plan terminates and clause 11.7 applies.
12. Chargebacks
12.1 You must contact us at [email protected] before initiating a chargeback with your card issuer or bank.
12.2 We may suspend an account while a chargeback is under investigation.
12.3 Clause 33 applies to any amount charged back or reversed.
Part III. Selling
Part III applies to Users with Selling Access. Where Selling Access is not enabled on your account, Part III does not apply to you.
13. Selling Access
13.1 Selling Access is granted at our discretion. We may require verification of your identity and of your payout details before granting it, before you list a domain name, or before releasing any payment to you.
13.2 We may limit or withdraw Selling Access at any time, and it ends automatically on suspension or closure of your account.
13.3 Withdrawal of Selling Access does not affect a sale already completed or an amount already due.
14. Your Portfolio
14.1 The portfolio tools allow you to record, track, and analyze domain names you hold, whether or not they are registered through the Services.
14.2 The Watchlist allows you to monitor domain names you do not own, including their availability, expiration, and auction status. A Watchlist entry confers no right in a domain name, does not reserve it, and does not oblige us to acquire it or to notify you of any change.
14.3 Portfolio and Watchlist data is provided on an "as is" basis. Figures and statuses derived from data supplied by registrars, Registries, or third-party marketplaces are only as accurate as their source, and we do not warrant that a domain name shown as available is available.
14.4 Financial figures, totals, and projections displayed in the portfolio are arithmetically derived from the data recorded in your account and from prices you set. They are not appraisals, forecasts, accounting records, tax records, or advice, and you must not rely on them for any regulatory, tax, or reporting purpose.
15. Listing a Domain Name
15.1 By listing a domain name, you represent and warrant that you hold full legal right to sell it, that it is free of disputes, claims, and encumbrances, and that all information in the Listing is accurate.
15.2 You must verify control of a domain name before the Listing goes live.
15.3 We may remove any Listing that breaches these Terms or our policies.
15.4 You are responsible for the Buy Now Price you set. We do not review, approve, or advise on pricing.
16. Syndication
16.1 By listing a domain name, you grant us a non-exclusive, royalty-free license to publish, promote, and offer that Listing through third-party marketplaces and other channels.
16.2 You may disable Syndication for a Listing in your listing settings. Removal from a third-party network may not be immediate.
17. Completing a Sale
17.1 A confirmed sale is binding. Refusal to transfer a domain name you have sold is a material breach of these Terms.
17.2 In respect of domain names registered through the Services, you authorize us to release any transfer lock and to effect transfer of the domain name to the Buyer on confirmation of a sale. You appoint us as your designated agent for the purpose of any change of Registrant.
17.3 In respect of domain names held elsewhere, you must unlock the domain name, complete the transfer promptly on request, and respond to any registrar confirmation we send you.
17.4 Where you fail to comply with this clause, we may cancel the sale and refund the Buyer, suspend or terminate your account, remove your other Listings, and recover our costs from you.
17.5 Where a Buyer is refunded after Proceeds have been released to you, clause 33 applies, and we may recover the amount from you.
18. Commission
18.1 Deqo retains a Commission of 10% of the sale price, subject to a minimum of $15, on a completed Marketplace sale.
18.2 On a Payment Plan, Deqo retains 10% of each installment, together with 50% of the setup fee and 50% of each monthly fee. The balance of the setup fee and monthly fees is payable to you.
18.3 Commission applicable to another sale channel is set out in the Addendum governing that channel.
18.4 Commission is deducted before Proceeds are released. We may vary these rates on notice.
19. Payouts
19.1 Following completion of a sale, Proceeds are held for a minimum of 5 days before release. We may extend that period where an order requires verification or presents an elevated risk.
19.2 No Proceeds are released until you have configured a payout method. Available payout methods are listed in your account settings.
19.3 Once a payout has been issued, timing is determined by your payment provider. Any fee charged by that provider is payable by you.
19.4 Under a Payment Plan, your share of each installment is released as it clears.
19.5 We may deduct amounts owed to us under clause 33 before releasing Proceeds.
20. Non-Circumvention
20.1 Where a Buyer is introduced to your domain name through a Listing on the Services, you must complete that transaction through the Services.
20.2 Completing such a transaction outside the Services does not extinguish our entitlement to Commission, and may result in suspension or termination of your account.
20.3 This clause survives termination.
21. Changing or Withdrawing a Listing
21.1 You may change your Buy Now Price or withdraw a Listing at any time, subject to clause 21.2.
21.2 A domain name may not be withdrawn once a sale or Payment Plan has been confirmed in respect of it.
21.3 Repeated listing and withdrawal of domain names may result in restrictions on your ability to list.
22. Selling under a Payment Plan
22.1 Once a Buyer enters into a Payment Plan, the domain name is committed for the full term of that plan.
22.2 You must transfer the domain name into an account controlled by Deqo, which will manage it for the duration of the plan. While it is so held, you must not withdraw, sell, transfer, or encumber the domain name, deal with the Buyer outside the Services, or perform registrar actions in respect of it.
22.3 We will meet registrar renewal fees for the period during which we hold the domain name.
22.4 Your share of each installment is released as it clears. If the Buyer defaults, amounts already paid to you are yours to retain, you are not entitled to any amount in respect of unpaid installments, and the domain name is republished to the Marketplace at its original Buy Now Price.
22.5 On payment in full by the Buyer, you must do all things reasonably required by us to complete the transfer of title to the Buyer.
Part IV. Domain Names and the Registrar Service
23. The Registrar Service
23.1 Deqo is not itself a domain registrar. Deqo is a reseller. Registration, transfer, renewal, and restoration of domain names are provided through Registrar Partners, and domain names registered or transferred through the Services are held with a Registrar Partner.
23.2 Our Registrar Partners are Realtime Register B.V. and Name.com, Inc. We may add, change, or remove a Registrar Partner, and may move domain names between Registrar Partners, without notice to you.
23.3 By registering, transferring, renewing, or holding a domain name through the Services, you agree to be bound by the policies of the applicable Registrar Partner and by the rules of the applicable Registry, each as amended from time to time. Those policies are:
(a) for domain names held with Name.com, Inc.: the Domain Name Registration Agreement at name.com/policies/registration-agreement, the Whois Privacy Service Agreement where a privacy service is applied to your domain name, and the additional registry requirements at name.com/policies/additional-registry-requirements; and
(b) for domain names held with Realtime Register B.V.: the Registrant Policies at realtimeregister.com/legal-trust/registrant-policies, the General Terms and Conditions at realtimeregister.com/legal-trust/general-terms-conditions, and the additional conditions applicable to your extension.
23.4 Where the policies of a Registrar Partner conflict with these Terms in respect of your rights and obligations as Registrant, those policies prevail.
23.5 Copies of the policies referred to in clause 23.3 are available from us on request at [email protected].
23.6 ICANN policy applies to every domain name you hold, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the Uniform Rapid Suspension system (URS) where the extension provides for it, the Transfer Policy, the Expired Registration Recovery Policy, and the Registrants' Benefits and Responsibilities specification. A domain name may be transferred away from you, suspended, or canceled under those procedures, regardless of where or from whom it was acquired.
23.7 ICANN publishes information explaining your rights and responsibilities as a Registrant. You should read the Registrants' Benefits and Responsibilities specification and ICANN's educational information for registrants, each published at icann.org.
23.8 Availability of a domain name is not confirmed until registration completes. A registration request may fail for reasons outside our control, in which case any amount taken for it is refunded. We do not guarantee that any registration request will succeed.
24. Your Obligations as Registrant
24.1 You must provide accurate and reliable contact information for each domain name you hold, and correct and update it promptly during the term of the registration, including the name, postal address, email address, telephone number, and, where the Registrant is an organization, the name of an authorized contact.
24.2 Willfully providing inaccurate or unreliable information, willfully failing to update information promptly, or failing to respond within fifteen (15) calendar days to an inquiry from us, a Registrar Partner, or a Registry concerning the accuracy of that information, is a material breach of these Terms and is a basis for suspension or cancellation of the registration.
24.3 Where you register a domain name on behalf of another person, you remain the Registrant of record and remain responsible for all obligations of the Registrant under these Terms, unless you provide that person's full contact details and that person accepts those obligations. You must in any event ensure that the person for whom you act is informed of, and complies with, the obligations in this Part.
24.4 You acknowledge that holding a domain name requires your registration data to be disclosed to Registrar Partners, Registries, and the data escrow providers ICANN requires registrars to use, and that some of that data may be published through public lookup services including WHOIS and RDAP, in accordance with the policy applicable to the extension. We cannot exempt you from this requirement. The Privacy Policy describes these disclosures.
24.5 You must not use a domain name held through the Services in breach of clause 34.
24.6 We, a Registrar Partner, or a Registry may suspend, cancel, transfer, or otherwise modify a domain name registration:
(a) to correct a mistake made by us, a Registrar Partner, or a Registry;
(b) to comply with a court order, arbitral award, dispute-resolution decision, applicable law, or ICANN or Registry policy;
(c) where an amount payable in respect of the domain name has not been paid; or
(d) where you are in material breach of these Terms or of the policies referred to in clause 23.3.
24.7 You agree to indemnify and hold harmless each Registrar Partner and each Registry, and their directors, officers, employees, and agents, on the same terms as clause 41, in respect of any claim arising out of your registration or use of a domain name. This clause is intended to benefit those parties and is enforceable by them.
25. Registration Pricing
25.1 Registration, renewal, and restoration prices are set by the applicable Registry and may change. A price previously paid is not a price we can guarantee.
25.2 Prices for each extension are displayed before you confirm. The total displayed at checkout is the amount payable.
25.3 Registration and renewal fees are non-refundable once paid to the Registry.
26. Renewals, Expiration, and Deletion
26.1 Renewing a domain name before it expires is your responsibility. We may send renewal reminders as a courtesy. Those reminders are not a guarantee, do not transfer that responsibility, and we are not liable for the loss of a domain name resulting from non-renewal, a failed payment, or inaccurate contact information.
26.2 Where auto-renewal is enabled, we will charge your payment method in accordance with clause 31. If the charge fails, the domain name may expire.
26.3 On expiration, a domain name may cease to resolve, may be held by us or by a Registrar Partner for a period during which you may renew it, and may then enter a redemption period during which recovery requires a restore fee in addition to the renewal fee. Not every extension provides a redemption period, and we cannot guarantee recovery. After that period, the domain name is deleted and may be registered by any person.
26.4 The periods in clause 26.3 are set by the applicable Registry and by ICANN's Expired Registration Recovery Policy, and are not within our control.
26.5 A restore fee is payable before recovery is attempted and is not refundable if recovery fails for a reason outside our control.
27. Transfers
27.1 A domain name transferred to Deqo must be unlocked and, where required, accompanied by a valid authorization code. Transfer times are determined by the registrars and Registry involved.
27.2 A domain name may not be transferred away from Deqo during any lock period imposed by the Registry or by ICANN policy, including the 60-day lock that follows a change of Registrant.
27.3 We may refuse a transfer where the domain name is subject to a dispute, an unpaid amount, an active Payment Plan, or a hold imposed by a Registry or registrar.
27.4 We are not liable for delays attributable to another registrar, a Registry, or your own failure to respond to a confirmation request.
28. DNS and Domain Management
28.1 We provide DNS hosting for domain names held in your account, together with tools to manage nameservers, records, forwarding, and contact information.
28.2 Protection features, including transfer lock, privacy, and auto-renewal, are available for domain names held with Deqo and may be unavailable for domain names held elsewhere. Privacy services are provided by the applicable Registrar Partner and are not available for every extension.
28.3 These services are provided on an "as is" basis. We do not warrant uninterrupted availability.
28.4 We may suspend DNS service, or any other part of the Registrar Service, for a domain name used in breach of these Terms.
29. Abuse
29.1 A Registrar Partner or a Registry may suspend, lock, or cancel a domain name associated with abuse in accordance with its own policies and ICANN requirements, without prior notice to us or to you.
29.2 We will cooperate with any lawful request or dispute procedure concerning a domain name held through the Registrar Service, and will not obstruct a transfer, suspension, or cancellation order.
29.3 Abuse may be reported to [email protected]. We will investigate and engage our Registrar Partners as appropriate.
29.4 Suspension or cancellation of a domain name for abuse does not give rise to any entitlement to a refund.
30. Domain Name Disputes
30.1 A dispute concerning the registration or use of a domain name is determined under the UDRP or the URS, and must be directed to the registrar of record rather than to Deqo. The registrar of record may be identified at lookup.icann.org.
30.2 You must notify us at [email protected] where a domain name listed or held through the Services becomes subject to an active proceeding. We will suspend the Listing for the duration of the proceeding.
30.3 Where a domain name is held in an account controlled by Deqo, including a domain name subject to a Payment Plan or held pending delivery, we will suspend the Listing, notify both parties, and suspend installments for the duration of the proceeding. Where the domain name is lost as a result, clause 11.8 applies.
30.4 The Trademark and Copyright Policy at deqo.com/legal/ip-policy governs complaints concerning content on the platform.
Part V. Money
31. Recurring Payments
31.1 Certain charges recur automatically, including auto-renewal of domain names and Payment Plan installments.
31.2 By enabling a recurring charge, you authorize us to store your payment method and to charge it on each due date until you turn it off.
31.3 If a charge fails, we will reattempt it and notify you by email. The consequences of continued non-payment depend on the charge concerned, and a failed renewal may result in expiration of the domain name.
31.4 A recurring charge already collected is not refundable on the ground that you intended to turn it off. Turning off a recurring charge takes effect from the next due date.
32. Account Balance and Credit
32.1 You may add funds to your Account Balance and apply them to purchases, registrations, renewals, and other charges payable to us. The applicable payment processing fee is disclosed and added at the time funds are added, and is not refundable.
32.2 Credit is non-refundable and non-transferable. It does not expire. It may not be returned to you in cash, paid out to a bank account or card, or moved to another account, whether it was added by you or issued to you as a refund.
32.3 Credit does not constitute a deposit account, does not bear interest, and may not be withdrawn as cash.
32.4 Clause 10.7 states the same position from the perspective of a refund, and clause 35.5 states what happens to Credit when an account closes. All three clauses are to be read together.
33. Amounts Owed to Deqo
33.1 You must reimburse us for any amount that becomes payable by us or recoverable from you in connection with your use of the Services, including a payment that is charged back or reversed, a refund we have issued, a registry or registrar fee we have incurred on your behalf, and any fee payable to us under these Terms.
33.2 We may set off any such amount against any balance you hold with us and against any future payment due to you, and your balance may become negative until the amount is cleared.
33.3 Repeated chargebacks may result in suspension or termination of your account.
Part VI. Conduct, Rights, and Liability
34. Acceptable Use
34.1 You must not use the Services for any unlawful purpose, or in any manner that breaches these Terms, ICANN policy, or applicable Registry rules.
34.2 Prohibited conduct includes, without limitation:
(a) registering or using domain names in bad faith or in infringement of third-party rights;
(b) phishing, malware distribution, fraud, or the support of terrorism;
(c) sending spam or unsolicited bulk communications;
(d) impersonation of any person or entity;
(e) unauthorized access to accounts, data, or systems;
(f) scraping, automated collection, or systematic extraction of platform data except through an interface we provide for that purpose; and
(g) any interference with the integrity, security, or performance of the platform.
34.3 Registrar Partners may suspend a domain name associated with abuse in accordance with their own policies, without prior notice to us. Repeated breaches of this clause may result in termination of your account.
35. Suspension and Termination
35.1 You may close your account at any time by written notice to [email protected].
35.2 We may suspend your account, or any part of the Services, while we investigate a suspected breach of these Terms or a suspected fraudulent or unlawful transaction.
35.3 We may suspend or terminate your account where you breach these Terms, where you present an unacceptable risk to the Services or to other Users, or where we are required to do so by law.
35.4 On closure or termination of an account, we will first settle any amount owed to us. Domain names registered through the Services remain registered until they expire, unless you transfer or delete them.
35.5 Any Credit remaining in your Account Balance on closure or termination of your account is forfeited. Credit is never returned in cash, and closing an account does not convert it. Clause 32.2 applies.
35.6 Termination of your account for breach of these Terms does not give rise to any entitlement to a refund.
36. Intellectual Property
36.1 The Deqo name, logo, platform, software, and content are owned by or licensed to Deqo. You may not copy, reproduce, or distribute them without our written consent.
36.2 You retain ownership of content you submit. By submitting it, you grant us a non-exclusive, royalty-free license to use it to operate the Services and to market your Listings.
36.3 A sale through the Services transfers the domain name and nothing else. Material displayed with a Listing, including descriptions, keywords, categories, estimated values, and images, remains the property of Deqo, is licensed to you only for so long as the domain name is listed through the Services, and does not transfer to a Buyer on a sale. That license ends when the Listing ends.
37. Valuations and Estimates
37.1 Estimated values, price guidance, and comparable figures displayed through the Services are provided for information only. They do not constitute an appraisal, advice, or any representation as to the price at which a domain name will or may sell.
37.2 Nothing in the Services, in our communications, or in the tools and projections displayed in the application constitutes investment, financial, tax, or legal advice.
38. Disclaimers
38.1 The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement.
38.2 We do not warrant that the Services will be uninterrupted or error-free, or that data obtained from registrars, Registries, or third-party marketplaces is accurate or complete.
39. Events Outside Our Control
39.1 We are not liable for any delay in or failure of performance caused by an event beyond our reasonable control, including failure of a registrar, Registry, payment provider, network, or hosting provider, cyberattack, war, natural disaster, or change in applicable law.
39.2 Where such an event continues for an extended period, we may suspend the affected Service without liability, except in respect of amounts already due.
40. Limitation of Liability
40.1 To the fullest extent permitted by law, we are not liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profit, loss of business, or loss of the value of a domain name.
40.2 Our total aggregate liability arising out of or in connection with these Terms and the Services will not exceed the total Commission and fees actually retained by Deqo from you in the 12 months preceding the event giving rise to the claim.
40.3 For the purposes of clause 40.2, amounts collected by us and remitted to a Seller, registrar, or Registry are not amounts retained by Deqo.
40.4 Nothing in these Terms excludes any liability that cannot lawfully be excluded.
41. Indemnification
41.1 You agree to indemnify and hold harmless Deqo, its affiliates, officers, and employees from and against any claim, damage, loss, liability, cost, and expense (including reasonable attorneys' fees) arising out of your use of the Services, your breach of these Terms, or any infringement of third-party rights by a domain name or content of yours.
41.2 Clause 24.7 extends this indemnity to Registrar Partners and Registries in respect of domain name registrations.
Part VII. Administration
42. Notices
42.1 We will send notices to the email address recorded on your account, including order confirmations, invoices, payment reminders, renewal notices, and notices of changes to these Terms.
42.2 You are responsible for keeping that address current and capable of receiving our messages. A notice is deemed given when sent.
42.3 Service communications relating to your account and domain names are not optional while your account remains open. Marketing communications are separate and may be unsubscribed from at any time.
43. Feedback
43.1 Any feedback, suggestion, bug report, or idea you provide concerning the Services may be used by us without restriction, and without obligation of payment, attribution, or confidentiality. You assign to us all rights in such feedback.
44. Complaints, Disputes, Governing Law, and Venue
44.1 Before commencing any formal proceeding, you must contact us at [email protected] and allow us a reasonable opportunity to resolve the matter informally.
44.2 A complaint concerning a specific order must reach us promptly after the date of purchase.
44.3 Governing law. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation, including any non-contractual dispute or claim, are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
44.4 Venue. The state and federal courts located in Los Angeles County, California have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms. You and Deqo each irrevocably submit to the personal jurisdiction of those courts and waive any objection to laying venue there, including on the ground of inconvenient forum.
44.5 Exceptions. Nothing in clauses 44.3 and 44.4 limits our right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information; affects the consent to the jurisdiction of a United States federal district court required of a person submitting a counter-notification under 17 U.S.C. § 512(g), as set out in the Trademark and Copyright Policy; or affects any right you have under the data protection law applicable to you, or any right you have to bring proceedings in your country of residence where the law applicable to you confers that right and it cannot be excluded by agreement.
45. Changes to these Terms
45.1 We may amend these Terms from time to time. We will notify you of material changes by email or platform notice.
45.2 Continued use of the Services after the effective date of an amendment constitutes acceptance of the amended Terms.
45.3 The current version of these Terms and of each Addendum applying to your account is available within your account at all times.
46. Acceptance and Records
46.1 You accept these Terms by an affirmative act, being the selection of the acceptance control presented to you at signup, at first login, or at checkout.
46.2 We record, for each agreement you accept, your account identifier, the document accepted, and the date and time of acceptance. That record is evidence of your acceptance.
46.3 Where an Addendum applies to your account, it is presented for separate acceptance and separately recorded.
47. General
47.1 These Terms, together with each Addendum you have accepted, the Privacy Policy, and the Trademark and Copyright Policy, constitute the entire agreement between you and Deqo relating to their subject matter.
47.2 A failure or delay in enforcing any provision does not operate as a waiver of that provision or of any other.
47.3 If any provision is held to be unenforceable, the remaining provisions continue in full force and effect.
47.4 You may not assign or transfer your rights under these Terms. We may assign ours to an affiliate or to a successor in our business.
47.5 Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Deqo.
47.6 Clauses 10.7, 20, 24.7, 32.2, 33, 36, 38, 40, 41, and 44, and any other provision expressed to survive, survive termination of these Terms.
48. Contact
Deqo Legal, Deqo, Inc., 2219 Main Street Unit 601, Santa Monica, California 90405. [email protected]