Terms and Conditions

Effective Date: 10 February 2021


Terms of Use

Welcome to Catched!

Acceptance of the Terms of Use

These Terms of Use are referred to as the “Terms”. These Terms are entered into between you and Edomains LLC ("we", "us", or “our”). The Terms, together with any documents they expressly incorporate by reference, govern your access to and use of catched.com, including any content, functionality, and services offered on or through catched.com (collectively, the "Website").

Please read these Terms carefully before you start using use the Website. By using the Website, you accept and agree to be bound and abide by these Terms, including our Privacy Policy, found at https://catched.com/privacy. If you do not agree to these Terms of Use or Privacy Policy, do not access or use the Website.

Changes to the Terms

We may change these Terms from time to time. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions in Governing Law will not apply to any disputes the parties have actual notice about on or before the date the change is posted on the Website. Your continued use of the Website following the posting of changes to these Terms means that you accept and agree to those changes.

Cookies

We use cookies to enable the functionality of certain areas of our Website to make it easier for people visiting our Website to use it. Some of our affiliate/advertising partners may also use cookies. By accessing the Website, you agree to the use of cookies in accordance with our Privacy Policy.

License

Unless otherwise stated, we and/or our licensors own the intellectual property rights for all material on the Website. You may access this intellectual property from the Website for your own personal use, subject to these Terms.

With respect to the Website, you must not:

  • Republish material

  • Sell, rent or sub-license material

  • Reproduce, duplicate or copy material

  • Redistribute content

Certain areas of our Website offer an opportunity for users to post and exchange opinions and information (collectively, the “Comments”). We do not filter, edit, publish or review the Comments prior to their posting on our Website. Comments do not reflect our, or our agents’ or affiliates’, views and opinions. Comments reflect the views and opinions of those who posted them. To the extent permitted by applicable law, we will not be liable for any damages, costs or expenses caused and/or suffered as a result of any use, and/or posting, and/or appearance, of the Comments on our Website.

We reserve the right to monitor all Comments and to remove any Comments which we, in our sole discretion, consider inappropriate, offensive or a breach of these Terms.

You represent and warrant that:


  • You are entitled to post the Comments on our Website and have all necessary rights, licenses and consents to do so;

  • The Comments do not infringe on any intellectual property right, including without limitation, the copyright, patent or trademark of any third party;

  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material, including material which is an invasion of privacy;

  • The Comments will not be used to solicit or promote business, or to carry on commercial or unlawful activity.

You hereby grant us a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce and edit, any of your Comments in any and all forms, formats or media.

New Signups

In order to avoid fraud, and respect order in the auctions, certain functions of the Website may not be accessible by new users on the number of Backorders (defined below) and the amount of bids. All users must verify their accounts in order to participate in an auction. In addition (a) we may require you to provide additional information to verify your identity, such as passports, driver's licenses or similar documents, and (b) to review and verify this information as many times as we deem necessary. Failure to verify your identity as requested by us, or if you provide false information in response to our requests or in your account, we may terminate your account with us.

Backorder Process

A “Backorder” is a request by you to us to us to notify you that a listing of a domain you are interested in acquiring is about to expire. We will try to register that domain as soon as it is available. We will not charge you to make a Backorder request, but if the domain which is the subject of the Backorder request becomes available and is registered, you must pay us for it. By making a request for a Backorder, a binding contract is created in which you agree to pay us the price of such registered domain. The domain will be transferred to your Edomains account once payment for such domain has been verified. Notwithstanding the preceding sentence, we have the right, in our sole discretion, to cancel a Backorder for any reason, even if payment for such Backorder has already been made, and the corresponding domain has been delivered to your EDomains account. Upon such cancellation, we will issue you a full refund of your payment.

Auctions

If there is more than one party interested in the same domain, the domain will be put in public auction for a period of five (10) days. The winner of the auction will be the party offering the highest price for the domain. This party will be obligated to pay the amount offered.

We reserve the right (a) to cancel any fraudulent bid, and (b) also reserves the right to cancel the auction at any time and re-auction a domain if we do not receive full payment within 24 hours of the time it is due.

We reserve the right to suspend any bid or auction, even if payment is received, for reasons we deem exceptional in our sole discretion. In such event, monies involved in the bid will be returned to you.

The auction bid increment is the amount over the last valid bid the next bid has to be in order to be accepted by the system. This prevents non-serious counterbidding which causes auctions to go on for an unreasonable amount of time. Here is the current structure for bid increments:

  • $0-$99: $5 bid increments

  • $100-$199: $10 bid increments

  • $200-$499: $20 bid increments

  • $500-$999: $50 bid increments

  • $1000 and up: $100 bid increments

All orders to auction a domain name will be processed by 19:00 UTC following receipt of such order. All such auctions will be completed by 20:00 UTC. However, if a bid is placed during the last 5 minutes of an auction, that auction will be extended for an additional 5 minutes.

Proxy Bidding. You understand and agree that we will automatically proxy bid on your behalf when a bid greater than the minimum required bid has been submitted.

ccTLDs. You acknowledge and agree that (a) country code top level domain names (“ccTLDs”) may have unique eligibility requirements, and (b) it is your responsibility to review, understand, and be in compliance with, the registry rules, policies, and agreements concerning the ccTLD you may be bidding on.

Auction Results. By default, the results of all auctions will be published by Edomains via third party feed. However, you have the right to prevent publication of your auctions through your dashboard.

Pricing

https://catched.com/pricing

Some domains are tagged with a premium price. You must check the “my backorder” section of your dashboard to view the domains tagged with a premium price.

Payments

Payments must be made within 24 hours after the end of the auction. If you leave a saved debit or credit card, it will be charged automatically after 24 hours. If you did not leave a saved debit or credit card, then, after 24 hours, you will have 7 days to pay for the domain. We will put your account on hold until payment is received. If after 7 days, payment is not received, your account may be terminated and terms concerning non-payment below will apply. Notwithstanding the foregoing, we may adjust payment terms in our sole discretion.

Private Sales

You acknowledge that, from time to time, the sale of some domains may be conducted through private sales, and not through public auctions. You agree that such private sales will not be deemed to have been made in a commercially unreasonably manner merely because they were made privately. Our commission for such private sales will be ten percent (10%) of the final purchase price for each domain.

From time to time, we may use a third party entity in which we have a financial interest to directly purchase domains through a private sale, without conducting a public auction, and regardless of whether these domains have backorders. You agree that such direct purchases of domains by this entity through private sales will not be deemed to have been made in a commercially unreasonable manner merely because we have a financial interest in such entity.

Non-Payment

You are required to pay for all Backorders and auctions in accordance with these Terms. We reserve the right to pursue all legal remedies to collect any amounts not paid in accordance with these Terms, including all unpaid amounts, from you directly or through third parties. Non-payment means your right to use your Edomains.com and catched.com accounts, and all associated services, will be terminated.

Returns and Refunds

https://edomains.com/knowledgebase/9/Return-and-refund-Policy.html

Unpaid Domains

If you do not pay for the domain you purchased in the auction, we reserve the right, at our sole option, to (a) place that domain back in auction, (b) sell that domain, or (3) return that domain to the registrar. During the time a domain you purchased in an auction remains unpaid, we may change the domain name and/or set the domain name in “parking” until payment is received.

Hyperlinking to our Content

Subject to the succeeding paragraph, the following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors, provided they do so in the same manner as they hyperlink to the Websites of other listed businesses;

  • For-profit businesses; non-profit organizations, charity shopping malls, and charity fundraising groups may not hyperlink to our Website.

The above organizations may link to our home page, to publications, or to other Website information as long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

Subject to the succeeding paragraph, we may consider and approve other link requests from the following types of organizations:

  • commonly known consumer and/or business information sources;

  • dot.com community sites;

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms; and

  • educational institutions and trade associations.

We may approve link requests from the above organizations if we decide that: (a) the link would not reflect on us unfavorably or the accredited businesses we work with; (b) the organization does not have any negative dealings with us; (c) the benefit to us from the visibility of the hyperlink adequately compensates us; (d) the link is in the context of general resource information, (e) the link is not in any way deceptive; (f) the link does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (g) the link fits within the context of the linking party’s site.

If you are one of the organizations listed above and are interested in linking to our Website, you must inform us by sending an e-mail to us at info @ catched.com Please include your name, your organization name, contact information, the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our Website to which you would like to link. Please allow 2-3 weeks for a response.

Organizations approved to hyperlink to our Website may do so as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • By use of any other description of our Website being linked that makes sense within the context and format of content on the linking party’s site.

No use of Edomains LLC's logo or other artwork will be allowed for linking without a mutually agreed upon trademark license agreement.

iFrames

Without our prior written approval, you may not create frames around the pages of our Website that alter in any way its visual presentation or appearance.

Consent to Receive Emails

If you are located outside of the European Economic Area (EEA), your use of our Website constitutes your consent to receive email communications from us, including messages regarding customer service issues and other matters. You may opt not to receive email communications from us (other than technical notifications and emails regarding issues related to your account and your use of the Website and/or our services) at any time by following the link included in the email messages. If you are located in the EEA, we will only send marketing email communications to you with your prior consent. You may withdraw this consent at any time by clicking the “unsubscribe” link included in the email message and changing your contact preferences. Please note you will continue to receive technical notifications and email regarding issues related to your account and your use of the Website and/or our services, even if you unsubscribe from marketing emails.

Your privacy

Our Privacy Policy can be found here https://catched.com/privacy

Reservation of Rights

You must immediately remove any link to our Website upon our request. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Intellectual Property Rights

The Website, including its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website (the “Materials”), except as follows:

  • Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing of those Materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by these features.

You must not:

  • Modify copies of any Materials.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials.

  • Access or use for any commercial purposes any part of the Website or any services or the Materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title, or interest in or to the Website, or any content on the Website, is transferred to you. All rights not expressly granted to you under these Terms are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

Our company name, the trademarks, and all related names, logos, product and service names, designs, and slogans, are our trademarks, or the trademarks of our licensors. You must not use these marks, names, logos, product and service names, designs, and slogans without our prior written permission. All other marks, names, logos, product and service names, designs, and slogans on the Website are trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the requirements for Comments under “License” above.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate, or attempt to impersonate, us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Material on the Website.

  • Use any manual process to monitor or copy any of the Materials, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

Geographic Restrictions

The owner of the Website is based in Wyoming. We provide this Website for use only by persons located in United States. We make no claims that the Website or any of its content is accessible or appropriate outside of United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside United States, you do so on your own initiative and are responsible for compliance with local laws.The owner of the Website is based in Wyoming . We provide this Website for use only by persons located in United States s . We make no claims that the Website or any of its content is accessible or appropriate outside of United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO (A) YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR (B) YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (A) IS AT YOUR OWN RISK, AND (B) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE PRECEDING SENTENCE, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (A) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE DISCLAIMERS IN THIS SECTION DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE WEBSITE, OR ANY WEBSITES LINKED TO THE WEBSITE, OR (B) ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES. THE DISCLAIMER OF DAMAGES IN THE PRECEDING SENTENCE APPLIES (A) TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (B) TO CLAIMS FOR, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND (C) WHETHER SUCH CLAIMS WERE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms or your use of the Website, (b) your Comments, (c) any use of the Website's content, services, and products other than as expressly authorized in these Terms, or (d) your use of any information obtained from the Website.

Termination

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising from, or related, to them (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of Wyoming without giving effect to any choice or conflict of law provision or rule.

Any suit, action, or proceeding arising out of, or related to, these Terms or the Website must be instituted exclusively in the United States . However, we may bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration; No Class Actions

At our sole discretion, we may require you to submit any disputes arising from these Terms of Use, or use of the Website, including disputes arising from, or concerning, their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association applying the laws of Wyoming. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, CONSOLIDATED, OR ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM WILL BE PERMANENTLY BARRED.

Waiver and Severability

No waiver by us of any term or condition in these Terms will be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent so that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by Edomains LLC. All other feedback, comments, requests for technical support, and other communications relating to the Website must be directed to info @ catched.com.