Terms & Conditions

PRIVACY POLICY

eSoft.com is committed to protecting your privacy. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information.

What personal information does eSoft.com collect and how is it used?

To make your experience more convenient, we may gather information from you. We collect personal information from visitors when they register to join an email alert list. This information includes your email address. We may also monitor and track information such as visitor usage patterns of our web site and email engagement such as open rates and click-throughs. We compile this information into a statistical aggregate, which we use for internal purposes including improving our web service, member communications and our client service. The personal information we collect is always voluntarily submitted by you. This information is used by eSoft.com to communicate with you in the future (if you have given your permission for such contact). We keep strictly confidential all personal information. If, for any reason, you would like to be removed from any or all of our email lists, you can unsubscribe by Contacting Us.

PROTECTING YOUR PRIVACY

As part of our commitment to ensuring the privacy of our visitors, we do not sell or exchange names or any other personally identifiable information about our online visitors and members with, for example, mass marketers.

USE OF COOKIES

Cookies are pieces of information that are stored on your computer and that can be used to help identify you when you visit our web site. We may use cookies to make visiting and using our web site easier– first, so that you don’t have to continually re-enter information and second, so that we can tailor your visit to your expressed preferences.

LINKS TO OTHER SITE

This web site provides links to several other third party web sites. While we make efforts to choose our links carefully, we cannot take any responsibility for the content of linked web sites, or for the privacy policies of web sites we link to. Since we do not control these web sites, we encourage you to review the privacy policies posted on these third party web sites prior to any use.

 

ESOFT AUTHORITY

During the course of our representation, marketing or brokerage agreement, eSoft may take, to the exclusion of all others, any action it deems necessary to market, promote and facilitate the sale of the Domain by using our available resources which may include, but are not limited to, eSofts’ newsletter, phone, email & social marketing, auctions, or other commercially reasonable means. eSoft shall use its best efforts to sell the Domain.

 

Seller agrees that eSoft shall be entitled to be paid its Fee by Seller if transfer of the Domain to the buyer cannot be made due to reasons within Seller’s control or in the event that Seller must cancel the listing prior to the expiration of the agreed upon term for whatever reason. In the event that Seller agrees to or completes a sale to another party, via web marketplace or otherwise, during the course of the agreement term, eSoft shall be due its fee in full, paid immediately upon notice.

ESOFT COVENANTS

eSoft agrees to use commercially reasonable efforts to broker the sale of the Domain during the Term. eSoft further agrees that its responsibilities shall be performed in a diligent, competent and professional manner using its best efforts. Seller acknowledges that eSoft provides similar services to other domain sellers/brokers and that the performance of eSofts’ responsibilities to Seller under this Agreement does not equate to eSoft devoting its entire business time and effort to Seller.

COVENANTS BY SELLER

During the Term of the agreement for eSoft to represent your domain name, Seller expressly covenants that Seller will:

  • a. Refer all previous, pending and future Domain purchase inquiries from brokers, purchasers or other parties interested in purchasing the Domain to eSoft;
  • b. Provide eSoft with complete and accurate information regarding the Domain and Seller immediately upon Agreement;
  • c. Provide best efforts to eSoft for the joint the marketing and sale of the Domain as may be reasonably requested by eSoft;
  • d. Provide eSoft such other information and data as eSoft may reasonably request from time to time in order to permit eSoft to perform its duties hereunder;
  • e. Transfer the Domain to either purchaser or the escrow agent immediately upon notification from eSoft of receipt of payment of the Actual Sales Price by eSoft or the escrow agent, as the case may be.

REPRESENTATIONS BY SELLER

Seller represents and warrants to eSoft that Seller is or legally represents the owners of the domain and has full authority from the owners of the Domain to transfer good, valid and marketable title to the Domain and to make the following representations and warranties for and on behalf of the Domain owners. Seller hereby represents and warrants to the best of his knowledge and belief that:

  • a. The Domain owners represented by Seller are the sole owner of all rights, title and interest in the Domain;
  • b. The Domain will be transferred to the buyer free of any liens, encumbrances, restrictions, licenses, or security interests;
  • c. The Domain was properly purchased and registered without committing fraud or misrepresentation;
  • d. Seller and the owners of the Domain have no knowledge that the Domain infringes upon the rights of any third party;
  • e. Seller and the owners of the Domain have no notice or knowledge that the Domain is the subject of any litigation, claims, arbitration or other legal proceeding, either pending, contemplated or threatened.

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