Privacy Policy

USER AGREEMENT

This Agreement shall govern participation in the Bodis, LLC program (the "Program"). By participating in the Program, you will be deemed to have read and agreed to the Bodis General Terms and Conditions including all other policies referenced herein. The Program is offered to you by Bodis, LLC, a New York Limited Liability Company.

I. DEFINITIONS

In addition to the definitions appearing elsewhere in this Agreement, when used in this Agreement the following terms shall have the following meanings:

1.1 "Member" shall refer to any individual or entity who agrees to the terms and conditions of this User Agreement by submitting the Bodis registration form. 1.2 "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy law ad any and all other proprietary rights. 1.3 "Program" shall be defined as the program offered by Bodis to its members, allowing the utilization of all services provided by the Company.

II. INTRODUCTION

2.1 By entering into this Agreement and utilizing our services, you represent and affirm to Bodis, LLC the following: (a) You are at least 18 years of age(if natural person); (b) you have the legal right and authority to enter into this Agreement and to perform the acts required of you under this Agreement; (c) all of the information provided by you to Bodis to enroll and participate in the Program is accurate and current; (d) you will update your Bodis account to ensure that your information remains accurate and complete at all times; (e) your domains do not and will not violate any applicable law, statute, ordinance or regulation and will not breach any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under the consumer protection.

2.2 If you are registering as a business entity, you represent that you have full capacity, authority and all necessary licenses, permits and consents (including, where its circumstances and procedures so require, the consent of the parent company) to enter into and to perform this Agreement and shall maintain the same during the term of the Agreement.

2.3 Participation in the Program is subject to Bodis Management's prior approval and your continued compliance with the terms of this Agreement including all policies referenced within. We reserve the right to refuse participation to any applicant or participant at any time in our sole and absolute discretion, and to suspend, restrict and/or terminate the services provided under this Agreement and your participation in the Program, without any liability to Bodis, for any reason, including but not limiting to the violation of the acceptable use of terms described and referenced herein.

III. GENERAL TERMS

3.2 Listing Restrictions
As a Member you warrant that all domains listed on the Bodis Network comply with the following provisions and obligations:
3.2.1 The registration of the Domain is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain registrar or other registration authority;
3.2.2 You have not taken any action that would impair your ability or right to transfer the Domain registration and no such action has been taken against you;
3.2.3 The Domain does not infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights or may cause offense;
3.2.4 Members may not park, buy, sell, and manage any domains/ websites related to child pornography or bestiality;
3.2.5 The Domain is not the subject of any legal disputes or proceedings challenging your right to register or use the Domain;
3.2.6 You own and have the right to sell the content, if any, listed as part of your Domain;
3.2.7 Domain listing statistics have not been altered, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to potential Buyers;
3.2.8 Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content;
3.2.9 The responsibility for the content of Domain listings, including the accuracy of any statistics, whether measured and displayed by Bodis or otherwise, lies exclusively with the respective Sellers, Buyers, members and Guests.

3.3 Currency Specifications

The US Dollar will be the exclusive currency used for all transactions and payments.

3.4 Taxes
3.4.1 Member understands that Bodis will not withhold taxes and that it is the responsibility of Member to pay all local, state, federal, and/or foreign taxes on earnings and payments received from the Program.
3.4.2 Member agrees to indemnify from and reimburse to the Program any claim or assessment of Taxes by any foreign, United States, state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the use and operation of the Bodis Site and Services.

3.5 Governing Law and Venue
This Agreement will be deemed to have been made in, and will be constructed pursuant to, the laws of the State of New York and the United States without regard to conflicts of laws provisions thereof. Any suit or proceeding arising out of or relating to this Agreement will be commenced in a federal court in the state of New York and each party irrevocably submits to the jurisdiction and venue of these courts.

3.6 Amendment Rights
We may amend this Agreement at any time by posting the amended terms on the Site which shall automatically be effective upon posting on our site. Further, all members will be notified individually of the changes.
3.7 For verification purposes, Bodis will utilize the credit card information supplied by Member. Bodis will authorize your card for $0.01 and then immediately cancel the authorization. A temporary $0.01 charge will be displayed in USD, depending on the exchange rate at the time. With some credit card providers the authorization may be visible on your online statement for a few days or even up to the end of the current billing cycle, but please note the card was not charged.

IV. USE OF DOMAIN PARKING PROGRAM

All of the following terms and conditions must be adhered to and are legally binding immediately upon acceptance of the agreement.

4.1 Member Obligation
4.1.1 Member may not have more than one account at any time. Only one account per individual or entity is allowed.
4.1.2 Member may not redirect traffic to his/her/its parked domain name.
4.1.3 Member may not display their parked page as a pop-under or pop-up window.
4.1.4 Member may not place links on a domain name that are unrelated to the subject of the domain name.
4.1.5 Member may not upload custom images or use any images that contain pornographic content or are deemed inappropriate, indecent or unlawful.
4.1.6 Member may not mislead visitors into believing that he/she will receive anything other than an internet search by clicking on a text link or search box.
4.1.7 Member agrees not to publish, link, post, or distribute any of the following: (a) offensive, inappropriate, profane, infringing, indecent or unlawful topic, name, material or information; (b) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other ownership rights, unless he/she owns such rights or have received all necessary consents for the use of such material; (c) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer systems; (d) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or violate any applicable government laws.
4.1.8 Member represents and warrants that all required licenses have been acquired and no rights of third parties, including, but not limited to, trademarks, copyrights, proprietary rights, or other applicable laws are violated in the custom content provided by the Member .
4.1.9 Member agrees that any content added to a listing, will not contain any personal and/or selling information.
4.1.10 Member agrees not to publish, add or insert any content that will result in an infringement of third party rights, including, but not limited to, trademark, naming or publicity rights or may cause offense.

4.2 Earnings and Payments
4.2.1 The Program will pay Member a commission earned for each approved click on Program textlink or searchbox less any amount the Program determines, in its sole discretion, was not validly earned violating clause 4.3. Member will be paid via check, direct deposit, wire transfer, or Paypal.com services, in U.S. currency only.
4.2.2 Minimum payout for check or direct deposit is $20. Minimum payout for wire transfer is $1000. If the minimum payout is not met, the member's earnings will continue to roll over to the next payment cycle until the minimum has been met or until the member's account is terminated.
4.2.3 A payment shall be payable to member anywhere from 45 to 60 days after the end of each calendar month provided that Bodis has been given accurate and valid payment information by member, by the 15th day of each month in which the payment is processed.
4.2.4 Member understands that Bodis will not withhold taxes from any payments, and that it is the responsibility of Member to pay all local, state, federal, and/or foreign taxes on income received from the Program.
4.2.5 In order to receive timely payouts, Member understands that a valid and accurate W-9 or W-8 tax information must be provided and on file. Anyone who fails to meet this requirement will have their full earnings withheld until the requirement has been fulfilled.
4.2.6 Members may not be able to monetize traffic that originates from countries not covered by our upstream ad providers.
4.2.7 If the monthly parking earnings are not redeemed by the Member within twelve (12) months after being generated, then the balance shall expire and will no longer be payable or available to the user.
4.2.8 Bodis does not guarantee specific rates or prices for clicks received and member hereby recognizes that the rates and prices fluctuate dependent upon market forces.
4.2.9 Bodis shall have no obligation to pay Member any monies or payments earned through invalid activity and any breach of Clause 4.3.

4.3 Fraudulent Traffic
4.3.1 Member may not generate traffic to their website or our links by any of the follow methods: incentives and programs such as Adwords or similar, unmonetized traffic from other parking programs, listings on newsgroups, bulk e-mailing, ICQ postings, or chat-room/IRC postings, iframes, zero pixel frames, hitbots, clickbots, spiders, cgi-scripts, java-scripts, or any other similar method. All revenue earned in such manner will be forfeited by the Member and user's account will be terminated permanently due to the breech of this agreement.
4.3.2 Member may not solicit, request, entice, or incentivize users into clicking on our links.
4.3.3 Member may not, under any circumstance, click advertisements on his/her own domain names, nor ask friends, family, employees, or others to do so.
4.3.4 Upon reasonable suspicion that a Member's earnings result from Fraudulent Traffic, Bodis reserves the right, without prior notice and at Bodis' sole discretion, to delete any or all of the accumulated parking earnings, to remove any or all of the Member's domain names from the Parking Program, and/or suspend or delete Member's account.
4. 4 Violation of Agreement or Parking Regulations
Inability to comply with any of said terms of agreement may result in a forfeit of any unpaid earnings and result in the permanent termination of Member's account at our sole discretion. In addition, legal course of action may be considered to prosecute violating Members. Bodis will cooperate with legal authorities in releasing information about users who violate any part of this Agreement.

4. 5 Warranties and Limitation of Liability

4.5.1 BODIS WILL NOT BE HELD RESPONSIBLE AND LIABILE FOR ANY CONTENT PROVIDED BY THIRD PARTIES INCLUDING ADVERTISERS THROUGH THE DOMAIN PARKING SERVICE. FURTHER, BODIS WILL MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
4.5.2 Domain Parking statistics are provided for informational purposes only, and Bodis makes no guarantee as to their accuracy. The information presented on Bodis Web Sites is not meant to be a contract of any type, either express or implied, and should not be treated as such by members.

V. USE OF DOMAIN MARKETPLACE PROGRAM

5.1 Buyer Regulations and Limitations
5.1.1 Each registration is for a single user only. Buyer may not share his /her/its username and password with any other person or with multiple users on the Bodis network.
5.1.2 Buyer is required to provide a valid Credit Card information that will be stored securely on file in order to complete the validation process and allow the member to initiate offers.
5.1.3 Information provided by Buyer shall be true, accurate and up-to-date at all times, including, but not limited to, information contained within an offer thread.
5.1.4 If the Buyer does not own the information, they agree to assume sole and complete responsibility for ensuring that the owner of all information has given all necessary permission to make the information available to other parties.
5.1.5 Buyer agrees to purchase domains for which an agreement has been reached according to the Bodis Terms of Use.
5.1.6 Buyer agrees to perform all research on domains of interest before submitting a binding offer; without holding Bodis liable for the quality of the domain.
5.1.7 Buyer agrees to research the trademark database such as the one provided by the World Intellectual Property Organization in order to ensure that the domain of interest does not infringe any third party's Intellectual Property Rights; before making purchase obligations.
5.1.8 Failure to perform an examination of the domain name for the existence of conflicting rights, including, but not limited to, intellectual rights, priority ownership rights, trademark rights, and/or violation of applicable law, is the sole responsibility of the buyer.
5.1.9 Buyer understands that he automatically enters into a legally binding contract to purchase a domain from the seller if the bid price is accepted by the seller or if the buyer accepts the seller's asking price.
5.1.10 A Member should review the Domain listing to avoid making a mistake before submitting a binding offer. Mistake does not relieve a Member from their obligations to purchase or sell a Domain once a binding offer has been accepted.
5.1.11 Offers to purchase are legally binding for five (5) days from the time the offer has been rendered; consequently the buyer acknowledges that he may not lower the offer price until binding term is over.
5.1.12 Buyer agrees to pay for the domains that he has committed to purchase within ten (10) calendar days from the acceptance of the offer by either the buyer or the seller.
5.1.13 Further, the buyer acknowledges that should he fail to meet his obligations in an agreement to purchase, a penalty fee (detailed further in the agreement) will be charged to the Credit Card listed on file in addition to losing the buying privileges as a Bodis Member.
5.1.14 By accepting an offer and initiating a transaction process the buyer appoints Bodis, LLC to obtain the funds on his behalf and transfer them to the Seller.
5.1.15 Buyer understands that once the payment has been sent, the funds due to the Seller may not be withdrawn or sent to another recipient at any time.
5.1.16 Buyer agrees that Bodis, LLC is the final arbitrator of any dispute arising between any buyer and seller conducting a transaction using the Bodis Domain Marketplace Platform and agree to cooperate in resolving any such disputes.
5.1.17 In the event the buyer fails to respond to Bodis emails upon completion of the payment process, Bodis reserves the right to hold the domain for a six (6) month term, after which all rights, interests and title worldwide to the domain name, including any and all trademark rights and the goodwill of the business associated with are allocated to Bodis, LLC.
5.1.18 The party purchasing agrees that it will not circumvent or attempt to circumvent, avoid, by-pass, or obviate commission fee or intervene in non-contracted relationship or initiate buy/sell relationships outside of the Bodis Domain Marketplace.
5.1.19 Each registry responsible for all .uk domains requires both parties to complete a transfer form and confirmatory letter. Buyer agrees to complete the required forms and provide a confirmatory letter in a specified time frame (depending on location of each party). All of these documents must be sent to Bodis in their original form - no facsimiles or scans are accepted.
5.1.20 Buyer and Seller are each respectively responsible for any related fees charged by his/her registrar.
5.1.21 Buyer agrees to notify us immediately of any unauthorized use of his log-in information or any other breach of security of the Bodis Website of which the buyer become aware.
5.1.22 Buyer agrees that the Domain Transfer does not include any examinations or verifications of the existence of any conflicting priority firm name, naming or trademark rights or other rights of third parties.
5.1.23 In order to execute the purchase transaction in its entirety, the buyer will be asked by Bodis to supply certain information applicable to the purchase, including, without limitation, credit card and other information. Buyer understands that any such information will be treated by Bodis in the manner described in our Privacy Policy.
5.1.24 By participating in the Bodis Domain Marketplace Services, buyer agrees to pay all charges incurred by him or any users of his account and/or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.
5.1.25 Buyer agrees that Bodis will not be held responsible for the failure of the selling party to follow-through with their obligations under the selling and buying agreement and that Bodis, as the facilitator of the Domain Marketplace Services, shall not be subject to any claims arising from the attempted purchase of Domains.
5.1.26 Buyer has the option to pay for a domain name purchase via credit card, PayPal, or wire transfer. The payment specifications for transactions through Bodis are as follows:
· For domains up to $1,500, you may pay via Credit Card, Wire Transfer, or PayPal.
· For domains priced $1,500.01 or more, you are required to pay via a wire transfer.
5.1.27 Penalty Fee:
Breach of a transaction on buyer's behalf will result in an $80.00 non-refundable penalty fee.
5.1.28 Additional Fees:
All payments made via Credit Card or PayPal Services shall be subject to an additional 3% fee, responsibility of the buyer.
All payments made via Wire Transfer shall be subject to an additional $10 fee.
5.1.29 All Credit Card payments must be accompanied by a copy of a valid photo ID as well as a copy of the front and back of the Credit Card utilized for the specific transaction. All copies must be faxed or emailed to Support@bodis.com.
5.1.30 Transaction is deemed fulfilled upon the completion of the transfer of the domain to the buyer.
5.1.31 Buyer may not change/ update or remove his credit card information during an active offer or an active transaction.
5.1.32 A buyer will not be able to make an offer without a proper credit card information that has been previously verified by Bodis.

5.2 Seller Regulations and Limitations
5.2.1 Each registration is for a single user only. Seller may not share his username and password with any other person or with multiple users on our network.
5.2.2 Information provided by Seller shall be true, accurate and up-to-date at all times.
5.2.3 Seller represents and warrants that he is the sole and exclusive owner of the Domain which is the subject of this Agreement and that the Domain is free of any infringement rights, is not violating any other rights of a third party and that there exists no claim or current or pending dispute or litigation which might result in a claim to the Domain. Bodis, at its discretion, may block certain domains from use of its site and services if the domain in question has a high probability that it violates intellectual property rights of a third party. Ownership of a domain may not be transferred or altered in any way while the offers for such domain are binding and active.
5.2.4 Seller agrees to sell domains for which an agreement has been reached according to the Bodis Terms of Use.
5.2.5 Seller understands that he automatically enters into a legally binding contract to sell a domain to the buyer if the buyer accepts the asking price or if the bid price is accepted by the seller.
5.2.6 Offers to sell are legally binding for five (5) days from the time the offer has been rendered; consequently the seller acknowledges that he may not raise the asking/counter offer price until binding term is over.
5.2.7 Member should review the domain listing offer to avoid making a mistake before submitting a binding offer. Mistake does not relieve a Member from their obligations to sell a domain once a binding offer has been accepted.
5.2.8 Further, seller understands that should he fail to meet the obligations in an agreement to sell, he will be subject to the loss of selling privileges as a Bodis Member.
5.2.9 Immediately upon confirmation of payment, Seller shall have ten (10) days to perform such actions, execute such documents and/or provide such email approvals as necessary to transfer ownership of the Domain in as expeditious manor as possible.
5.2.10 Buyer and Seller are each respectively responsible for any related fees charged by his/her registrar.
5.2.11 Seller is responsible for all applicable taxes resulting from the use of the Bodis Services or seller's activity conducted through the Bodis Web Site. It is the responsibility of seller to pay all local, state, federal, and/or foreign taxes on profits received from the transactions. Member agrees to indemnify from and reimburse to Bodis any claim or assessment of Taxes by any foreign, United States, state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the operation of this paragraph.
5.2.12 Seller agrees that Bodis, LLC is the final arbitrator of any dispute arising between any buyer and seller conducting a transaction using the Bodis Domain Marketplace Platform and agree to cooperate in resolving any such disputes.
5.2.13 The selling party agrees that it will not circumvent or attempt to circumvent, avoid, by-pass, or obviate commission fee or intervene in non-contracted relationship or initiate buy/sell relationships outside of the Bodis Domain Marketplace.
5.2.14 Each registry responsible for all .uk domains requires both parties to complete a transfer form and confirmatory letter. Seller agrees to complete the required forms and provide a confirmatory letter in a specified time frame (depending on location of each party). All of these documents must be sent to Bodis in their original form - no facsimiles or scans are accepted.
5.2.15 The Seller agrees to remove a domain from the Bodis Domain Marketplace immediately: (i)if the domain has been sold; (ii)if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing.
5.2.16 Seller agrees to notify us immediately of any unauthorized use of his log-in information or any other breach of security of the Bodis Website of which the seller become aware.
5.2.17 By participating in the Bodis Domain Marketplace Services, seller agrees to pay all charges incurred by him or any users of his account and/or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.
5.2.18 Seller agrees that Bodis will not be held responsible for the failure of the purchasing party to follow-through with their obligations under the selling and buying agreement, and that Bodis, as the facilitator of the Domain Marketplace Services, shall not be subject to any claims arising from the attempted sale of Domains.
5.2.19 Once the domain is under full Bodis control and the payment has been received from the buyer, Bodis shall have thirty (30) days to pay the seller all monies due resulting from the transaction.
5.2.20 Transaction is deemed fulfilled upon the completion of the transfer of the domain to Bodis including all control and rights associated with the domain.

5.3 Offer Restrictions
5.3.1 All offers are subject to a minimum of $1.00 increments.
5.3.2 Only the last offer made is subject to the binding term; previous offers are no longer valid and subject to the binding provisions.
5.3.3 Any offers of at least $100 can be made by either party once the previous offer's binding term has expired.
5.3.4 If last offer belongs to the seller and is still subject to the binding term, the buyer has the option to make a counter- offer that has a lesser value than the seller's offer.
5.3.5 If last offer belongs to the seller, the selling party has the option to only decrease the offer while the binding term is still active.
5.3.6 If last offer belongs to the buyer and is still subject to the binding term, the seller has the option to make a counter offer that is larger in value than the buyer's offer.
5.3.7 If last offer belongs to the buyer, the purchasing party has the option to only increase the offer while the binding term is still active.
5.3.8 A limited number of open bid threads will apply to all members and will be based upon our sole discretion and our sole judgment.
5.3.9 A member may only have one (1) active offer negotiation per domain listing.
5.3.10 While the binding term is active, offer thread may be canceled only by rejecting an offer submitted by another party.
5.3.11 Each member may initiate up to three (3), non simultaneous, offer threads per domain listing; such rule may be subject to exceptions.
5.3.12 A canceled negotiation may not be reopened within the same thread. A new negotiation thread may be initiated for the same listing, assuming that the limit of maximum number of allowed initiations has not been reached.
5.3.13 Once an active offer has been accepted by either party it becomes a binding legal transaction which may not be canceled at any time.
5.3.14 An offer shall lapse if the other Member rejects the offer, accepts another Member's offer, submits a counter-offer, or the binding time period is allowed to lapse.
5.3.15 All offers and transactions are deemed public unless otherwise specified by either the buyer or the seller.

5.4 Domain Transfer Procedures
5.4.1 A successful transfer of a domain name has taken place at that moment in which Bodis obtains exclusive control of the Domain and the Seller has lost control of his Domain.
5.4.2 In the event that the transfer is ultimately unsuccessful, the payment submitted shall be returned to the Buyer. In the event the Buyer has not undertaken the further required cooperative actions required upon his/her part after the payment of the purchase price and any additional fees, the transfer will not be deemed unsuccessful and Bodis will not be liable for any refunds.
5.4.3 If the selling party of this agreement fails to fulfill its obligation to cooperate in the transfer process Bodis, LLC reserves the right to cancel the domain transfer on seller's behalf including the financial transaction.
5.4.4 The transfer of any Domain Name by Bodis to a successful buyer is done without warranty and Bodis, LLC expressly waives any and all warranties or representations that a Domain Name does not infringe upon the intellectual rights of a third party.

5.5 Warranties and Limitation of Liability

5.5.1 Bodis will follow accepted business procedures to pay out eligible funds to selling members. Bodis is NOT responsible for any delays in member receipt of the funds due to postal time, banking service time, errors in transmission, or errors in information provided to Bodis by the seller. Bodis' sole responsibility is to affect the transfer of member funds using the information provided by member. Bodis has no responsibility to verify the correctness of such information. Member agrees to notify Bodis in writing of any discrepancy detected in a transfer of funds.
5.5.2 Bodis makes no representations or warranties regarding the features of listed domains. This shall apply particularly, but not exclusively, to visitor statistics, traffic statistics, and the precise alpha-numerical composition of a Domain. 5.5.3 Member agrees that Bodis will not be held liable for any damages originating from a failed transfer provided that such claims are not based upon the gross negligence or intentional wrongdoing of Bodis or its employees.
5.5.4 BODIS MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON ANY OF THE BODIS WEBSITE(S) HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNERS OF SUCH DOMAINS, OR THAT THEY ARE AUTHORIZED TO ASSIGN AND/OR LICENSE THESE DOMAINS, OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY THIRD PARTY RIGHTS.
5.5.5 Bodis will not be held liable for any obstructions caused by any private content published by a Member and will not be responsible for any third party, trademark, naming or publicity rights infringement resulting from addition of private content.

VI. COSTS AND ASSOCIATED FEES

Buyer's Minimum Bid Price: $100.00

Seller's Minimum Asking Price: $100.00

Commission: 6%

Minimum Commission: $35.00

Penalty Fee (See Clause 5.1.26)

6.1 The fees, charges and payments herein do not include, and Member is solely responsible for paying, any taxes, duties, government levies or other charges imposed by a taxing or other regulatory authority relating to his use of the Bodis Services.
6.2 BODIS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT OR SERVICES PROVIDED BY BODIS, EFFECTIVE IMMEDIATELY UPON POSTING NOTICE OF SUCH CHANGES ON THE SITE.

VII. DISPUTE POLICY

7.1 To file a Dispute, you must submit an email to Support@bodis.com. The email must include, your account email address, name and contact information, the domain name over which the dispute arises and a detailed account of the dispute.

7.2 Bodis reserves the right, in its sole discretion, to close any disputes it deems invalid or resolved. After investigation, Bodis will notify the Buyer and the Seller of the outcome of the investigation and complete or terminate the transaction in its sole discretion, as it deems appropriate.

7.3 Should Bodis receive multiple complaints regarding transactions in which a member is involved, Bodis may, in its sole discretion, suspend member's account and terminate all listings.

7.4 As a member you agree that you release Bodis , its officers, directors, agents, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute.

VIII. INTELLECTUAL PROPERTY VIOLATIONS

8.1 Third Party Rights Infringement
In the event that Bodis has been notified by a third party that Member's use of the Domain Parking and or Selling Service may infringe the rights of a third party, Bodis reserves the right to immediately suspend the Domain in question without prior notice and to prohibit the Member from using the affected domain name with any of Bodis services.

8.2 Bodis prohibits the purchase or sale of domains comprised of trademark protected terms and will not be held liable for any damages resulting from such transaction.

8.3 Bodis shall not be liable for any legal transactions or other acts of Domain Marketplace and/or Parking Program users. This applies to any violations of rights of a third party through the listing of a Domain with the intensions to sell and/or park.

8.4 Bodis shall not be responsible for monitoring the intellectual property rights violations by its members. It is the intellectual property owner's responsibility to monitor their rights and to file a complaint if they believe these rights have been violated by a Bodis member.

IX. WARRENTIES & LIMITATION OF LIABILITY

9.1 IN NO EVENT WILL BODIS, LLC OR ITS SUBSIDIARIES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO BODIS WEBSITE(S) OR ANY WEB SITE OPERATED BY ANY THIRD PARTY.
9.2 MEMBER CLEARLY UNDERSTANDS AND AGREES THAT BODIS, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PROGRAM; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

9.3 THE PROGRAM IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS). THE PROGRAM AND ITS LICENSORS MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT.
9.4 Bodis, LLC assumes no responsibility for consequences from the use of the information available on the Bodis Website(s) or any sites associated within, or in any respect for the content of such information, including, but not limited to, delays, errors or omissions, the accuracy or reasonableness of information, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. Bodis, LLC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference or reliance on such information.
9.5 In no event shall we be liable to the Customer for any loss of business, loss of reputation, depletion of goodwill, loss of opportunity or loss of profits or for any other indirect or consequential loss, damage to or corruption of data or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable.

X. INDEMNIFICATION

Member shall indemnify, defend, and hold harmless the Program, and its officers, directors, shareholders, employees, agents, and representatives (collectively, "Indemnitee"), against all liability, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitee ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from or related to this Agreement. Member may not assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of the Program. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under the Agreement. This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assignees, and no other person or entity shall have or acquire any right by virtue of this Agreement. This Agreement shall be governed and interpreted by the laws of New York.

XI. PRIVACY AND CONFEDIENTIALITY

11.1 Review our Privacy Policy by clicking here.

11.2 During the term of this Agreement and for one year after termination of this Agreement, Member agrees to safeguard and, except for the benefit of the Program, not to disclose to anyone outside the Program any proprietary or confidential information acquired during this Agreement. Such information includes, without limitation, business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.

XII. TERMS AND TERMINATION

12.1 Violation of Acceptable Use
In the event Bodis is notified by a third party that Member's use of the Bodis Services may infringe the rights of a third party, Bodis reserves the right to immediately suspend the Domain Listing or Ban the Domain from Parking without prior notice and to prohibit the Member from using the affected domain name with any of the Bodis Services.

12.2 Bodis shall have the right to terminate this Agreement and member's access to the Website and related Services at any time, with or without cause, and with or without notice.

12.3 Upon termination of a member's right to use the Bodis Services, the member will no longer have/ may have limited access to any data or information previously created, maintained, managed, or stored on the Website. Bodis shall have no obligation to maintain any such data or information.

12.4 Immediate Termination for Certain Breaches
12.4.1 Upon reasonable suspicion that a Member's parking earnings are the result of fraudulent traffic (see clause 4.3 for definition), Bodis reserves the right, without prior notice and at its sole discretion, to deny any or all of the accumulated earnings from the Members Account, to remove any or all of the Member's domain names from the Parking service, and/or suspend or delete the Member's account.
12.4.2 Should Bodis find that a member is circumventing the Services, Bodis reserves the right to terminate member's account and cancel all of the listings immediately.

12.4.3 Any breach by member of this Agreement may result in the immediate cancellation of all services provided to the member and the immediate termination of the membership in the Program.

XIII. WAIVER

The failure of Bodis to enforce or to exercise at any time or for any period of time any term of or any rights pursuant to this Agreement does not constitute, and shall not be constructed as, a waiver of such term or right and shall in no way affect Bodis' right later to enforce or to exercise it.

XIV. SEVERABILITY

If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties this Agreement.

XV. GENERAL

15.1 We may from to time to time change the content of the Bodis Website(s) or suspend or discontinue any aspect of the Website(s) at our sole discretion, which may include member's access to it. Subject to our notifying each member to the contrary, any amendments or new content to www.Bodis.com will be subject to our Terms of Use Agreement.

15.2 If any breach of Agreement or any document incorporated by reference occurs, Bodis may determine to place a hold on any pending transactions associated with a Member's account; limit funding sources and Payments; limit Member's access to his account or to any functionality of the account; or indefinitely suspend or close Users' account and refuse to provide our Services. In addition, Bodis reserves the right to hold funds beyond normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. In the event Bodis deems the closure of Member's account necessary, Bodis will provide notice and pay all of the unrestricted funds in the account.

15.3 Member is an independent contractor and in no way and under no circumstances that Member should look to the Program for compensation and benefits as an employee. If any party of this agreement fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, technical problems of Bodis, LLC or its providers, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused. This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement.

XVI. NOTICES

All notices shall be given:

To us, by using our online contact form or by post to Bodis, LLC 80 Broad Street, 5th Floor, New York, NY 10004.

To Member, by email to the email address provided to us at the point of your registration, as may be amended by Member on the Account Details section of the Bodis Website from time to time.