DropCatch.com Terms and ConditionsDropCatch.com is an online service that offers to backorder expiring domain names for customers. DropCatch does not act as an auctioneer, but instead as an Online Auction website. This agreement is between yourself ("you", "yourself", "customer") and DropCatch.com ("us", "This Site", "The Site", "DropCatch", "Service", "The Site" and the like). Use of This Site constitutes acceptance of these Terms and Conditions. If you do not agree to these Terms, do not use DropCatch.com.
To use DropCatch.com you will be required to have an account at NameBright.com. This is because all successful backorders and won auctions will be moved into an account at NameBright for you to manage.
- Eligibility. By using DropCatch.com and or its services, you represent and warrant that you are at least eighteen (18) years of age, you are recognized as being able to form legally binding contracts under applicable law, and that you are not barred from using any of NameBright's services under United States law.
- Backordering Domain Names. Backordering of domain names is free, but if you backorder a domain name and the service is successful at acquiring the domain, you are required to pay for the domain. Failure to pay for a successful backorder will result in termination of your DropCatch.com account. DropCatch.com does not guarantee to register a backordered domain, but will use commercially reasonable efforts to do so.
A backorder is a bid that is placed in order to notify DropCatch.com that you wish to buy an expiring domain name. This is a binding agreement.
- Successful backorders. A successful backorder is a backorder where you are the only person to have backordered a domain name, and DropCatch.com was able to acquire the domain name. In this case, you will be charged the backorder price of the domain which is $59 US Dollars.
- Backorder Timing. You can backorder domain names on the date they are expiring up to 15 minutes prior the cutoff time. 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)
- Failed Backorders. If DropCatch.com is not able to acquire a domain you had on backorder you will not be charged for the backorder.
- Cancelling Backorders. You can cancel a backorder at any time prior to the cut-off time when backorders are not accepted anymore.
If multiple people backorder a domain and DropCatch is successful at acquiring the domain name, the domain will be put into a public auction. The highest bidder for the domain at the end of the auction will be the winning bidder, and will be charged that amount via their NameBright account.
- Auction Time. Auctions will last for 3 days from the date the auction was initially created.
- Extended Auctions. DropCatch.com may extend any auction if it detects any irregularity of the auction.
- Last Minute Bids and Extensions. Any last minute bids that happen within the last 5 minutes of a domain name auction will extend the end of the auction by an additional 5 minutes.
- Re-Auctions. If a payment is not made within 96 hours of a won auction, the domain name will be sent back to auction. Note: DropCatch.com may choose to postpone a re-auction if the winner shows good faith while attempting to resolve payment.
- Early Bidders Win. In the event of a tie in the price of an auction, the first person to place their bid will win the auction. If the person placed a maximum bid days before another member, and wins the auction with a "Proxy Bid", the time the bid was placed will take effect.
Minimum Bid Increments.
Increments in auction prices. In order to keep auctions moving, there are minimum bid increments you can make per the schedule below.
- $0 to $100 - $5 bid increments
- $101 to $200 - $10 bid increments
- $201 to $500 - $20 bid increments
- $501 and above - $50 bid increments
- Verified Accounts In order to bid over $59 in an auction DropCatch.com will require you to verify your account. This involves sending in a government-issued color photo ID such as a driver's license or passport. The information on the ID must match the account owner's contact information in your NameBright.com account.
Payment methods for successful backorders and won auctions are managed at NameBright.com. Payments will be taken automatically once a day by first drawing from your NameBright funded account and then using any stored cards in your NameBright account. Payments can be made immediately using DropCatch's Shopping Cart feature.
- Failure to Pay for Auction. Failure to make a payment for a won auction within 96 hours will result in running a re-auction of the domain name. It will also result in termination of your DropCatch.com account. Note: DropCatch.com may choose to postpone a re-auction if the winner shows good faith while attempting to resolve payment.
- Failure to Pay for Backorder. Failure to make a payment for a successful backorder within 96 hours will result in the domain name either a.) being returned to the registry or b.) sold to one of our priority partners or c.) being sent to public auction. It will also result in termination of your DropCatch.com account. Note: DropCatch.com may choose to postpone these actions if the customer shows good faith while attempting to resolve payment.
- Outstanding Payments Rule You will not be able to bid in an auction or place a backorder if you have any outstanding orders. An order is outstanding if it is not paid for the day that it was caught as a backorder or the day it closed in auction.
- Identity Verification. In certain situations DropCatch.com will require you to verify your identity in order to participate in auctions. Situations include high bid values, if you are placing lots of bids in the platform, or suspicion your bids are not valid or that you will be able to pay for an acquired domain name. DropCatch.com has no obligation to believe your identity based on information provided, but will do its best to verify your identity for the stability of DropCatch.com.
- Waivers. You agree that as a service provider, we do not check if domain names you backorder or bid on might infringe on the legal rights of others. You should seek the opinions of an Intellectual Property attorney, and do not hold DropCatch.com liable for your actions. You assume all responsibility for your actions on this site, and you hold DropCatch harmless and indemnify us for your use of this site. We do not review domain names that users backorder and bid on in the system, and if you own rights to one or more trademarks you agree that you release DropCatch.com from any legal claims because of users in our system. Should we be sued or threatened with a lawsuit in connection with a domain that was purchased through this site, you hold us harmless and indemnify us from your purchase and use of said domain name(s).
- Limitation of Liability, No Warranty. IN NO EVENT SHALL DROPCATCH.COM BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES. WE DO NOT WARRANT AGAINST LOST PROFITS, REVENUES, OR WHETHER FORESEEABLE OR UNFORSEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT OUR SITE TO BE OPERATIONAL. WE DO NOT WARRANT THAT SERVICES WON'T BE UNINTERRUPTED, TIMELY OR SECURE.
- Customer's Warrants. You agree that your use of this site is at your own risk. You agree that all backorders and auctions on this system are provided "as is" and you disclaim all warranties from your use of this site.
- Provisions Specific to Use of This Site. In using this site you explicatively agree that you will not involve DropCatch.com, its sister company NameBright, or parent company TurnCommerce.com, 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.com reserves the right to refuse service to anyone. You agree that we will not be liable for loss or damages that may result from our refusal to register a domain name for you or to prevent you from using our systems.
- No Refunds. Due to the costs associated with backordering a domain, refunds will not be available for successful backorders and/or won auctions.
- Shill Bidding. A shill bid is when someone places a bid on a domain name that they do not intend to pay for or in order to artificially increase the auction value of an auction. Anyone caught involved in Shill Bids will be terminated from the platform and subject to the Laws of the United States of America. If you suspect Shill Bidding please report it with as many details as possible for DropCatch.com to investigate.
- Gamification. You agree to not use the systems or methods to try to manipulate or game auctions or the backordering process in any way. Any actions that are detected which are aimed at taking advantage of this system 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 won with a backorder or a successful high bid will be managed at NameBright.com. NameBright.com operates numerous registrars to succesfully fulfill Backorders. No matter which of these registrars successfully acquires a domain, the management interface will be on NameBright.com.
- Public Auction Alias. The alias you select in the system will be made public when auctions are created on domain names. We strongly suggest you do not use any personal information in your auction alias, and aliases cannot be changed once set.
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.
- 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.
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