DropCatch.com Terms and ConditionsDropCatch.com is an online service that allows users to backorder expiring domain names. DropCatch is an Online Auction website. This Agreement is between yourself ("you", "yourself", “user”, "customer" and the like) and DropCatch.com ("us", "This Site", "The Site", "DropCatch", "Service", “website” and the like). This Agreement sets forth the obligations between DropCatch and DropCatch customers regarding the use of DropCatch’s website and services. By registering and using the DropCatch website and services you acknowledge that you have fully read, understand and agree to these Terms and Conditions. Failure to strictly abide by these Terms and Conditions will result in suspension of your account and use of DropCatch’s website and services.
To use DropCatch.com you will be required to have an account at NameBright.com and agree to the NameBright Terms and Conditions, which is an ICANN accredited domain name registrar. All successful backorders and won auctions will be moved into your account at NameBright for you to manage after payment has been rendered to DropCatch.
- Eligibility. By using DropCatch.com and its services, you represent and warrant that you are at least eighteen (18) years of age, you are recognized as being able to form and enter into legally binding contracts under applicable law, and that you are not barred from using any of DropCatch’s or NameBright's services under United States law. Users are permitted use of only one DropCatch account, and you are not able to use DropCatch if you have been suspended from the platform in the past.
Backorder and Registration of Domain names.
DropCatch attempts to register backordered domain names when a requested domain becomes available for registration. There is no fee for placing a backorder on a domain name; however if DropCatch is successful in securing and registering a backordered or auctioned domain name, you will be required to pay for the domain name. A backorder is a bid that is placed by a customer in order to notify DropCatch.com that user wishes to buy an expiring domain name. By placing a backorder on DropCatch, you are expressly entering into a binding contract in which you agree to pay for the backordered domain in the event the domain is successfully registered. You will not receive access to a domain until payment is fully rendered for said domain name(s).
DropCatch takes all reasonable efforts in order to register customer’s backordered domains. DropCatch cannot guarantee the successful procurement and registration of any backordered domain name(s). If DropCatch.com is not able to acquire a domain you had on backorder you will not be charged for the backorder. You can cancel a backorder at any time prior to a “Cut-Off Time” when backorders are not accepted anymore. As detailed under the section “Cut-Off Times” of this Agreement.
- Payment for Successful Backorder (when no auction occurs). A successful backorder which does not end up in auction must be paid by the customer within 96 hours of the domain’s successful acquisition on behalf of customer. All payments must be made in accordance with all payment terms of this Agreement.
Any successful backorder which is not paid for by the customer within 4 days (96 hours) of successful registration of the domain will result in the customer forfeiting any and all rights to the backordered domain. The unpaid for domain will either:
- Be returned by DropCatch to the registry;
- Sold to one DropCatch’s priority partners; or
- Sold at public auction.
Multiple Backorders on Same Domain and Auction Process.
If multiple customers place a backorder on a specific domain, and DropCatch successfully acquires the backordered domain, the domain will be placed into a public auction. This auction will allow all DropCatch customers (excluding Corporate Partners) to bid on the domain even if a customer did not place an initial backorder on the domain. All public auctions will last for three (3) days. At the termination of the auction the domain will be awarded to the highest bidder after they have paid for the domain at the winning bid price.
In order for any customer, including a customer who places an initial backorder on the auctioned domain, to be allowed participate in a public auction and bid more than the initial backorder price ($59 for .Com and .Net domains), they must have a verified DropCatch account. In order to obtain verified customer status and participate in a public auction a customer will be required to provide DropCatch with a color copy of their government issued ID, such as a driver’s license or passport. This ID must match all information in the account owner’s contact information in their linked NameBright.com account. Account verification is not instantaneous and can take time to complete. DropCatch.com reserves the right to refuse verification to any customer at its sole discretion and DropCatch can perform additional verification at any point in time as it sees necessary. Failure to comply with account verification request will result in account suspension.
Dropcatch reserves the right to extend any public auction as necessary at its sole discretion (even if the auction has already ended.) This includes, but is not limited to any irregularity that may occur during the auction or other website downtime or inaccessibility by other users
In the event that a bid is placed within the final five (5) minutes of an auction, an additional five (5) minutes will be added onto the end of the auction, permitting bidders to react to the extension triggering bid.
Auction Minimum Bid Increments.
DropCatch requires minimum bid increments when customers are placing bids in an active public auction. The minimum bid requirements are as follows:
- $0 to $100 - $5 bid increments
- $101 to $200 - $10 bid increments
- $201 to $500 - $20 bid increments
- $501 and above - $50 bid increments
- Payment for Winning Auctions A winning bid on a domain auction must be paid by the prevailing customer within 96 hours (4 days) of the end of the auction. All payments must be made in accordance with all payment terms of this Agreement.
- Unpaid Winning Bids and Re-Auction of Domains In the event a customer fails to pay for a domain they won in auction within 96 hours (4 days) of the end of the auction, the domain will be re-auctioned and the delinquent customer’s DropCatch account will be terminated. The customer will be permanently terminated from DropCatch and not be allowed to use DropCatch or any of its services in the future. A re-auction of a domain will follow the same auction process as set forth under the “Unpaid Backorders” subsection of this agreement. If a domain has been auctioned 2 or more times, and in both cases a non-payment, DropCatch may choose to offer the domain to a second highest bidder or decide not to re-auction the domain name.
- Auction Extensions. Dropcatch reserves the right to extend any public auction as necessary at its sole discretion (even if the auction has already ended.) This includes, but is not limited to any irregularity that may occur during the auction or other website downtime or inaccessibility by other users
The Discount Club is a backorder program for customers interested in backordering multiple .Com and/or .Net domain names at rates far lower than that of standard backorders. The Discount Club employs a name your price model, allowing you to name your price for the Discount Club backorder between $15 and $58 USD. A customer may place a Discount Club backorder in the amount of their choosing in this specific monetary range.
- A successful Discount Club backorder is a backorder where there are no regular priced backorders, no Corporate Partner backorders, and that user has the highest Discount Club backorder bid. If you placed a successful Discount Club backorder you will be charged the bid amount you selected when submitting the Discount Club Backorder.
- Discount Club backorders are considered third tier backorders and receive third tier (“Last”) prioritization as explained in in this Agreement per section “Backorder Prioritization”. This means that if there is a regular Full Priced backorder on a domain, or if there is a Corporate Partner backorder on a domain, this is considered a failed Discount Club backorder and the customer will not be charged nor awarded the domain and the domain will be awarded to one of the higher tiered prioritizations.
- Discount Club backorders do not trigger auctions.
- If there are multiple Discount Club backorders, and no regular priced backorders nor Corporate orders for the domain, the Discount Club backorder at the highest price will win the domain.
- If DropCatch is unable to register the domain on behalf of the Discount Club customer, this will be considered a failed Discount Club backorder and the customer will not be charged and information will be presented why the Discount Club backorder was unsuccessful.
- In the event two Discount Club backorders are placed at the exact same price, the user who chronologically placed the first backorder in time will be awarded the domain name, unless that first user later removed the Discount Club Backorder before the Cutoff Time as detailed in this Agreement.
- Failure to make a payment for a successful backorder within 96 hours (4 days) of that backordered domain being registered by DropCatch will result in an immediate termination of your DropCatch account and the domain will be treated as an “Unpaid Backorder" per this Agreement.
- Discount Club backorders are third in line of an order of prioritization, to learn more read the section of this Agreement pertaining to “Backorder Prioritization”. This program is designed for customers purchasing many domains each day. If you want to have the best chance at successfully capturing a domain name, place a Full Priced backorder ($59 for .Com and .Net domains). Do not use the Discount Club as it is the very last priority.
Backorder prioritization is as follows: 1) Full Priced backorders and auctions; 2) Corporate Partner; 3) Discount Club backorders.
- A Full Price backorder will have first priority (“Highest” priority) and right in obtaining a backordered domain. A Full Priced backorder will have precedent over any other type of backorder. (i.e., Corporate Partner backorders and Discount Club backorders.) You must use the Full Priced backorder option if you are seeking to backorder a valuable domain name.
- If a Corporate Partner or a Discount Club member place a backorder, and another customer places a Full Priced backorder on the same domain, the Full Priced back order will receive the domain should DropCatch be successful in acquiring this domain name. A Full Price backorder will always trump and receive the domain over Corporate Partners and Discount Club backorders.
- Likewise, if a Corporate Partner places a backorder on a domain a Discount Club customer places a backorder, but there is no Full Priced Backorder, the Corporate Partner will have priority over the Discount Club customer at obtaining the domain. If you participate in Discount Club backorder you expressly agree that you understand Full Priced backorders and Corporate Partner backorders always take precedence when it comes to prioritization of which user will be awarded a domain. To get your best chance at getting a desired domain you must place a Full Priced backorder on that domain name. Do not use “Discount Club” backorder in such events as it has the lowest priority in the DropCatch system.
There are no auctions if there are merely multiple backorders between the three different prioritization groups, but not two Full Priced Backorders. Please see the following examples for clarification:
- If a Corporate Partner places and backorder, and a Full Priced backorder is placed, the domain will automatically go to the Full Priced backorder.
- If a Discount Club customer places a backorder and a Full Priced backorder is placed on the same domain, the domain will be awarded to the Full Priced back order.
- If a Corporate Partner places a backorder and a Discount Club customer places a backorder on the same domain, but there are no Full Priced backorders. the domain will be awarded to the Corporate Partner.
- If two or more Discount Club customers place a backorder on the same domain, the domain award will follow the process set forth with relation to the Discount Club section of this Agreement. (Highest bid first, with ties going to the first bidder.)
- If two or more Full Priced backorders are placed on the same domain, the domain will go into auction as set forth as a part of the Auctions section of this Agreement. Note: this is the only situation in which domains will go into public auction.
Pricing Based on Top Level Domains
The pricing on DropCatch is in United States Dollars (USD). All prices on the DropCatch system are based on whole dollars. The standard, Full Priced backorder price on DropCatch is $59.00 which is the same price for most extensions on the DropCatch.com website. Certain Top Level Domain extensions are treated differently:
.Com, .Net, .Cc and .Tv Domain Names
- Full Priced Backorders: $59.00
- Discount Club Backorders are only available for .Com and .Net domains; Discount Club Backorders can be made on .Com and .Net domain names in the range of $15.00 to $58.00
.Org Domain Names
- Full Priced Backorders: Full Priced backorder are $15.00. The standard rate is $59.00, but .Org domains have been listed at $15.00 starting bid since September of 2016 and will likely remain at this price in the near-term future.
- Discount Club Backorders are not available on .Org Domain Names
- .Com, .Net, .Cc and .Tv Domain Names
Domain names can be backordered on the DropCatch platform until specific Cut-Off Times throughout the day. The Cut-Off times are different based on each domain name extension and when those domain names are dropped during the day:
- .Com and .Net Domains: You can backorder .Com and .Net domain names on the date each domain name is expiring up to 15 minutes prior the start of the drop. The cutoff time is 15 minutes prior to Noon Mountain Standard Time. (10:45 AM PST, 11:45 AM MST, 12:45 PM CST and 1:45 PM EST)
- .Org Domains: You can backorder .Org domain names up to 6:30 AM Mountain Standard Time. (5:30 AM PST, 6:30 AM MST, 7:30 PM CST and 8:30 PM EST)
- .Cc and .Tv Domains: You can backorder .Cc and .Tv domain names up to 1:45 AM Mountain Standard Time. (12:45 AM PST, 1:45 AM MST, 2:45 PM CST and 3:45 PM EST)
- Payment Methods. Payment for successful backorders and won auctions are managed by NameBright.com. Payments will automatically be attempted once a day by first drawing from a customer’s NameBright funded account. If that attempts fails, we will then attempt to make payment from any credit card which a customer has on file with their NameBright Account. Payments may also manually and immediately pay for their domain by using DropCatch’s shopping cart feature. While DropCatch offers automatic payment options, it is your responsibility to ensure payment is successfully completed before the 96-hour cutoff. DropCatch is not responsible in the event payment is not successfully rendered in time.
- Outstanding Payments Rule A customer will be strictly prohibited from bidding on any new auctions or placing any new backorders if they have unpaid outstanding orders. This applies to both backorders and won auctions. A customer must pay all of their outstanding balances before they will be permitted to continue to use DropCatch services. An order is considered outstanding if it is not paid for the day that it was caught as a backorder or the day in which the won auction closed.
- Refund Policy There will be absolutely no refunds issued for successful backorders. Due to the costs associated with successfully registering a backordered domain name, a customer is not eligible to return and receive a refund for a domain in which they successfully backordered and DropCatch successfully registered for that customer. There will further be absolutely no refunds for successful auctions. By participating in an auction, customers acknowledge that they cannot return a domain won in an auction and will not receive any refund for a successfully won auction.
- Email Notices While DropCatch may send out email notifications, including out-bid and other relevant notices, DropCatch cannot guarantee email receipt on behalf of your email provider. DropCatch is not responsible in the event you do not receive email notifications. DropCatch email notifications are a curtesy and you should not rely on email notices as they are not guaranteed. If you want to win an auction you should monitor the auction in real time and not rely on such notices.
- Verification of Customer Identity. In addition to the verification process set forth in this Agreement, DropCatch may require verification in additional situations, including but not limited to, customers placing high volumes of backorders or auction bids, suspicious bidding activity, and/or high bid values among other items. DropCatch reserves the right to require identity verification for any customer at any time at DropCatch’s sole discretion.
Customer Waivers, Warranties, and Agreements.
As a DropCatch customer you knowingly, voluntarily, and expressly agree that DropCatch does not have any obligation to verify or investigate any potential legal issues associated with a customer’s backorder and registration of a domain name. As a DropCatch Customer you knowingly, voluntarily, and expressly agree that it is your responsibility as the customer to investigate any potential legal issue that may arise from your backorder, bid, and/or registration of a domain, including but not limited to, trademark and copyright infringement.
As a DropCatch customer you knowingly, voluntarily, and expressly agree to assume any and all responsibility, including legal ramifications, that may incur when you backorder, bid on, and/or register a domain using DropCatch services. You further expressly agree to hold DropCatch harmless and indemnify DropCatch, its subsidiaries and parent companies from any legal issues or actions that may arise from your actions in backordering, bidding on, or registering a domain. You agree to use DropCatch.com and its services at your own risk and agree that any and all backorders and auctions are provided “as is”. As a DropCatch customer you expressly disclaim all warranties from your voluntarily use of this site and services.
In using this site you knowingly, voluntarily, and expressly agree that you will not involve DropCatch.com, its sister company NameBright, or parent company TurnCommerce Inc, its officers, directors, employees and affiliates in any legal proceeding. You agree to indemnify, defend and hold harmless the aforementioned people and entities from any and all claims, damages, liabilities, costs and expenses, including legal fees and expenses arising out of or relating to domain names listed for sale on this site.
- Right of Refusal. DropCatch reserves the right to refuse service to anyone. DropCatch has the exclusive right to refuse to allow customers to place backorders, terminate customer’s accounts, and cancel any services upon DropCatch’s sole discretion.
DropCatch Warranties and Disclaimers
DropCatch hereby disclaims any and all warranties, implied or express, of any kind. This disclaimer includes, but is not limited to: warranties of intended purpose; merchantability; title; non-infringement; and fitness of purpose. DropCatch hereby expressly disclaims any warranties and representations that a customer’s backorder, auction bid, or registration of an Internet domain name using DropCatch’s services will automatically protect or immunize that customer from third party disputes, suspensions, cancellations, or transfers of the domain. DropCatch does not make any warranties that our services will provide the desired results or purposes of users, we make no warranties that service will not be interrupted, free of error or timely. By using DropCatch’s services you expressly understand and agree that DropCatch does not make any warranty regarding any services or domains purchased by customers or any transactions entered into using our site.
By using DropCatch.com and DropCatch services you expressly agree that your domain names, account, and services are subject to cancellation, termination, suspension, transfer, or modification pursuant to any of the provisions set forth in this Agreement and any regulatory laws, rules or regulations. This includes, but is not limited to any mandates provided by the Internet Corporate for Assigned Names and Numbers (ICANN); any registry or registrar administration procedures; or the Uniform Domain Dispute Resolution Policy (UDRP). You further agree that DropCatch has the sole authority and discretion to cancel, terminate, suspend, transfer or modify any services, accounts, or domain names registration should DropCatch receive notice, Court Order, or other information that requires such action.
- Customer Suspension and Termination Any failure by you to abide by any provision of this agreement may be considered to be a material breach of this Agreement. We may terminate suspend and/or terminate any account with or without notice. DropCatch reserves the right to suspend any services or terminate any account for any breach of this agreement. Further a customer’s account may be suspended and/or terminated should they engage in any illegal conduct. Decisions regarding the suspension and/or termination of a customer’s account are the sole discretion of DropCatch and should a customer’s account be suspended and/or terminated they will be ineligible to use DropCatch’s services in the future.
Shill bidding occurs when someone bids on a domain name with the intent to artificially increase the price of the domain in order to create the perception of an increased value and desire of the domain. Shill bidding also occurs when, with the seller’s knowledge, an agent of the seller bids on the domain in order to create an active auction and raise the price of the auction.
Shill bidding is illegal and is prohibited on DropCatch.com. Any customer or auction participant who engages in shill bidding on DropCatch’s platform will immediately be terminated and barred from DropCatch’s site and prohibited from ever using DropCatch services in the future. This conduct will further be reported to the relevant criminal and legal authority. This behavior will not be tolerated under any circumstances and anyone engaging in this activity are subject to both civil and criminal liability and prosecution.
- Gamification. You expressly agree to not use the systems or methods to try to manipulate or game auctions and the backordering process in any way. Any actions that are detected to be subject of gamification will result in the immediate cancellation of your account without limits, guarantees or warrants. In certain circumstances we will allow systems or methods, but they must first be presented to us, and approved before you can do anything like this. (Such as using programmatic methods to place last minute/second bids on your behalf.)
- Management of Domains. All domains acquired through a successful backorder or a successful high bid at auction will be managed at NameBright.com, our sister company and an ICANN accredited registrar. All DropCatch customers will be required to have a valid NameBright account an all won domains will be transferred to the customer through their NameBright.com account. NameBright.com operates numerous registrars to successfully fulfill Backorders. No matter which of these registrars successfully acquires a domain, the management interface will be on NameBright.com. It is the customer’s responsibility to login to NameBright.com to manage domain names, to renew the domain name each year and to make sure you have a valid payment method on file. Keep in mind domain names must be renewed each year and it is your responsibility to fully manage and pay the renewal fees each year with NameBright.com
- Auction Alias. The alias a customer chooses to participate in DropCatch auctions will be made public and anyone participating in the auction will be able to see the alias name and bids made under that name. It is strongly encouraged to choose a name that does not provide sensitive or personal information.
- Limitation of Liability. DropCatch, its affiliates, partners, and subsidiaries are not liable for any damages, including but not limited to loss of profits. This includes direct, indirect, special, incidental, or consequential damages. Under no circumstances will DropCatch be held responsible for any damages regardless of the alleged form of action. DropCatch hereby expressly disclaims any and all loss or liability resulting from a Customer’s use of DropCatch.com and its services. DropCatch disclaims any and all loss of liability, including but not limited to: interruption of domain use and access; suspension, termination, cancellation, or modification of domain name registration; failure to acquire a domain name; non-delivery or delivery of data; use of username and password; errors or misstatements of any kind; events beyond the control of DropCatch; and application of any applicable dispute policy.
The following definitions help explain the use of this site.
- Maximum Bid. A maximum bid is the top amount you are willing to pay for a domain. You will not pay any more than the next highest bidder. For example if there are two people in an auction and Person A has a maximum bid of $450 and Person B has a maximum bid of $125, person A will get the domain for $135. ($10 higher than the second highest bid, as this is the minimum bid increment at the $101 to $200 bid range.)
- Proxy Bid. A proxy bid is a bid that the system will place on your behalf if someone outbids you in an auction. Proxy bids are tied to Maximum Bids; your Maximum Bid is the highest amount that DropCatch.com will bid by proxy on your behalf.
- Public Auction. All successful backorders that have 2 or more people participating will be entered into a public auction. The highest bidder will win the auction.
- Purchased. When looking at backorders, a status of "Purchased" indicates that a backorder was successful.
- High Bid. This is the person that has a high bid in an auction. During an active auction, this person may have a higher Maximum Bid than the amount shown. If someone has a high bid, this means nobody else will have a higher Maximum Bid at that point in time.
- Pending Delete. This is a domain name that has not deleted or become available to register yet. These are typically the domain names available for backorder on DropCatch.com. DropCatch will try to secure these domains the second they become available.
- Corporate Partner Backorders DropCatch gives the second priority spot to a Corporate Partner by the name of HugeDomains. In order to remove conflict of interests, a Corporate Partner is not allowed to place Full Price backorders or participate in auctions. The only way Corporate Partners will interact with the system is through the Corporate Partner backorders. Corporate Partners do not look at or use any information from the system to determine what domain names to chase after. If you want a domain, be sure to place a Full Priced backorder on it as Corporate Partners get priority over any Discount Club backorders.
- Governing Law; Jurisdiction. This Agreement shall be governed by the laws of the state of Colorado, U.S.A., without reference to its choice of law rules. The parties agree that the forum for dispute resolution under this Agreement shall be located exclusively in the courts of the state of Denver, Colorado, U.S.A. The parties specifically exclude the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from application to this Agreement.
In order to use this site you agree to the following agreements in addition to this agreement, which are inherently connected to your purchase of a domain name through the DropCatch.com system.
NameBright.com's Terms of Service, located at https://www.namebright.com/Terms
NameBright.com's Dispute Policy, located at https://www.namebright.com/Disputes.aspx
- Terms Modifications. We reserve the right to modify this Policy at any time. We will post our revised Policy at https://www.dropcatch.com/OtherInfo/TermsAndConditions if and when these terms change. Any change or modification will be binding and effective immediately upon the posting of the changes on DropCatch’s website. It is your sole responsibility to periodically review this Policy, the Terms and Agreements, and any other relevant rules and regulations. DropCatch is not required to notify you directly each time policies are updated.
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