DotComerica USER AGREEMENT

Table of Contents

• IDENTIFYING THE PARTIES

• PURPOSE OF SITE

• AGE REQUIREMENTS

• LAWFUL AND ACCEPTABLE ACCESS

• RESPONSIBILITY AND AUTHORITY OF USE

• MODIFICATION OF AGREEMENT

• COURTESY, HONESTY AND RESPECTFUL USE

• CORRECT INFORMATION

• PROTECTION OF INFO

• FEES AND TRANSACTIONS

• ESCROW AND PAYMENT SERVICES

• LIABILITY DISCLAIMER AND INDEMNIFICATION

• The site DotComerica.com, referred throughout as DotComerica, is a subdivision of  PANOSPHERIC Virtual Imaging (or simply Panospheric). Our address is P.O. Box 583, Roseburg, OR 97470. The following statements are the Terms of Agreement between DotComerica and our site Visitors. It is a site to be used for the posting, listing, and promotion of Domain Names.

• Those who use this site must agree with the following terms of agreement. Those who use the site shall be identified as "Users" throughout, which includes Buyers, Sellers, and Visitors. Members are those who complete our information page and read all the terms of this agreement and thereby are entitled to certain privileges such as listing, buying, and selling domains. Any person who visits this site, whether they are members or not, who does not agree with the following statements within this agreement, should leave this site. Use of this site constitutes agreement.

• DotComerica lists Domain Names for sale and provides a venue for others to display their Domains for sale. DotComerica reserves the right to deny listing that is inconsistent with its policy, at its sole discretion. DotComerica reserves the right to deny membership to any person or organization, at its sole discretion. Every domain submitted can be reviewed by DotComerica staff before public display and the owner shall receive notice before posting, either accepting or rejecting the domains, within 24 hours.

• Some Domains on the site and within the database may be the property of DotComerica employees, owners, or shareholders. In the case of featured listing, these Domains may or may not have higher placement on the website than those Domain Names which are owned by others. However, if a User shall pay for featured listing they shall receive services for the specified time.

• The Domains listed will be online for the specified time, except for maintenance and servicing time, which shall not exceed 2 hours in any 24 hour period. Extra time will be given on featured services if the down time shall exceed this. DotComerica is not liable for any down time beyond its control, but will strive to follow through with the services as stated for the duration agreed upon.

• Users must be at least 18 years old. If under 18, the DotComerica site and its services are open to use only with the written permission, via E-mail to DotComerica, of parent or guardian who will accept full legal responsibility for the underage user's actions.

• Use by such persons who are underage shall not be the responsibility of DotComerica. DotComerica is not liable for the actions of any User, which includes any action by such persons who are underage.

• Users are accessing this site from a country where such material is legal and fully permissible and acceptable.

• Users are not offended by the content of this site.

• Users agree to give accurate contact information to facilitate offers and counter offers and enable DotComerica to convey important information related to domain management. DotComerica cannot be held responsible for information sent to a wrong address, whether e-mail or regular mail.

• Users who list domain names have the authority to do so. This includes Users who list on behalf of a business.

• Users, specifically Sellers, agree that the Domain Names listed are subject to all of the conditions, limitations, and restrictions contained in Domain Name registration with a certified registrar. This means that the registration is current with a certified registrar and is not subject to deletion or cancellation and that the seller has full rights to transfer the ownership to another party without impediment or adverse legal action.

• Users, specifically Buyers, shall have sole responsibility to determine and verify the validity of Seller statements, claims, or information, INCLUDING OWNERSHIP OF DOMAINS. DotComerica does not verify that any name listed is the property of anyone, including its valid registration, and the validation of such is the sole responsibility of Buyer and/or Seller. No person or entity should purchase a domain name without this verification. The Who Is search provided on this site is a tool by which this can be done.

• Users will be responsible for their own Domain Names in regard to copyright and trademark laws or other proprietary or intellectual property rights laws.

• DotComerica shall not be held responsible or held liable for any damages, monetary or otherwise, related to the fraudulent statements, claims of ownership, registration, infringement of copyright or trademark law, or any other misinformation given by Users of this site.

• DotComerica may amend and/or modify this agreement at any time without prior notice, in whole or in part, by publicly posting any changes on this site. DotComerica will honor all agreements and commitments for services as stated at the time of posting for the duration agreed upon, but is free to enact future modifications, including, but not limited to, services, membership fees, and prices.

• User is responsible to keep up to date on these changes as posted.

• User will not use the site for any purpose that is unlawful, or prohibited by this Agreement.

• User agrees not to use this site, in whole or in part, to harass, defame, threaten, infringe on the rights of, or restrict use of any other person or any other computer.

• User will not use this site in any destructive or intrusive way, use in a profane, vulgar, indecent, obscene, threatening, invasive, racially or ethnically insulting manner to anyone via the internet or in any other means.

• Users will not distribute, use, or violate the privacy of this site or any User in an intrusive, solicitous, promotional, or commercial way, such as spam or similar unsolicited material.

• User will not make any false or fraudulent statements, or attempt to impersonate another person or entity to gain access to this site or to do any transaction under such pretense. All statements you make, bids and sales you make or attempt to make, are done in good faith and that you have no knowledge of any information which would affect the validity of the sale or bid.

• Agree, as a Buyer or Seller, to follow through with transactions made in good faith, in a timely and expeditious manner without undue duress.

• DotComerica is not liable or responsible for inconsiderate, harmful, or fraudulent use by any entity, including, but not limited to Buyers and Sellers.

• User agrees to enter only correct contact information, with an understanding that correct information expedites the buying and selling of Domains, as well as other important communications between DotComerica, buyers and sellers.

• User agrees to update all Domain information, including removal of sold Domains from DotComerica database if the domain is sold.

• Users agree that all information posted is the sole responsibility of those using the site and DotComerica should be informed of inaccurate information by those using the site.

• DotComerica is not liable or responsible for inaccurate information, including contact information, claim of ownership, misspellings, inaccurate price, or any other information posted on the website.

• DotComerica will not transfer any contact information to any other party without permission of the party to which it belongs, except for the following circumstance:

• DotComerica may disclose contact or other information only on the basis of lawful necessity, with the understanding that any information given by User is fully lawful and correct.

• DotComerica will make every reasonable effort to protect the safety of this site and all information given.

• Users agree that the safeguarding of password and/or log in name is the responsibility of User of the site, and the User will be responsible for its confidentiality. The User is the only one permitted to use the site or make any changes concerning Domain Names listed or any other transaction, or any other activity that is limited to members.

• Misuse by unauthorized persons will not be the responsibility or liability of DotComerica and DotComerica will not be held liable for any loss from such action

• User agrees to notify DotComerica immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.

• User agrees not to share any information provided, by or on behalf of DotComerica with any third party without that party's consent, with the understanding that such an agreement is reciprocal.

• User will not copy, reproduce, publish, upload, post, distribute any material, textual or graphic without permission from DotComerica, except one copy of agreement on one computer for personal records and use.

• Users agree, as a Buyer or Seller, to follow through with transactions in a timely and expeditious manner without undue duress.

• DotComerica is responsible for services rendered, such as feature listings, to last the duration agreed upon, except in the case of uncontrollable circumstances (in which case DotComerica will still honor the terms of service, but it may be interrupted), and excepting brief, periodic site maintenance.

• Users are responsible for all taxes related to the sales of their Domains; DotComerica is responsible for all taxes related to its income for services rendered.

• The prices listed are applicable as long as they are posted within the website and may be changed at any time, though DotComerica will be responsible to provide all services agreed to for the duration of the agreement, as long as the website exists.

• Users agree to pay for all services in U.S. Dollars, and any conversion fees shall be paid by Users of the site, either Buyer or Seller, by their agreement with each other.

• Users agree to complete all transactions in the buying and selling of Domain Names, including timely communications between parties, concerning offers and acceptance, timely transfer of funds, and timely transfer of ownership of domains.

• Users will follow through with payment in a timely manner, which means Buyers will transfer monies without delay, and Sellers will transfer ownership of Domains without delay.

• Users are free to use any Escrow Service besides the one we recommend, but DotComerica shall not be held liable in any way for transactions made through ANY Escrow Service, including the services of Internet Escrow Services (Escrow.com).

• DotComerica will commence services such as Featured Listing Options, Advertisements, or any other service upon verification of payment.

YOU AGREE THAT USE OF DOTCOMERICA'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. DOTCOMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DOTCOMERICA MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE DOTCOMERICA DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORIZED TO ASSIGN/LICENSE SUCH DOMAINS. DOTCOMERICA MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. DOTCOMERICA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES DOTCOMERICA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY DOTCOMERICA IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM DOTCOMERICA OR THROUGH THE SERVICES PROVIDED BY DOTCOMERICA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.

IN NO EVENT SHALL DOTCOMERICA, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD DOTCOMERICA AND (AS APPLICABLE) DOTCOMERICA'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.