Terms of Sale
Service Contract/Terms of Sale – This contract governs the agreement between buyers, sellers and the leasing of Domain Names
Individuals purchasing and leasing domain names understands and agrees to the IBOD Domain Name Policies which are incorporated herein fully by reference. Purchaser/lessee agrees to pay the Total Price listed for the Domain Name(s) selected for purchase or lease. IBOD LLC agrees to email purchaser/lessee detailed instructions and transfer status for permanent transferring control of the Domain Name(s) within 24 business hours of cleared payment from escrow.com. If there is a delay in the transfer process for any reason IBOD will notify buyer/lessee the transfer status situation once confirmed within our office. Purchaser/lessee acknowledges that the transfer process for Domain Name(s) must comply with ICANN accreditation policies and procedures. Information regarding ICANN and registrar policies and procedures can be found at www.icann.org. To the extent allowed by the law, the purchaser/lessee agrees to indemnify and hold IBOD harmless from any and all liability or claims or controversies that may arise due to the sale of the Domain Name(s) or which may arise out of or in connection with this agreement. IBOD and purchaser/lessee both represent to the other that it has full authority to enter into this agreement and perform its terms. Purchaser/lessee agrees to take full control of the Domain Name(s) within 24 hours of sale completion and Buyer acknowledges it is solely responsible for renewing the Domain Name registration(s) with the registrar of record prior to the expiration date listed in the “WHOIS” database. The registrar of record can be determined by searching a WHOIS lookup portal which can be found at WhoIs.org and various domain name registrars.
» Purchaser/Lessee Conduct
You represent that you do not hold or assert any Trademark or other intellectual property right in or to the Domain Name(s), or any portion thereof, that is the subject of this Agreement. In the alternative, if you do now or intend to in the future hold or assert such rights, you do on your own behalf and on behalf of any person who you represent hereby waive such claims and release IBOD and its parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates from any and all claims arising from such rights. To the extent that such waiver and release of claims is determined to be invalid in whole or in part for any reason, you agree that your remedy in any dispute with IBOD shall be limited to return of the price you paid for the domain name that is the subject of this agreement.
The purchaser/lessee represents that it does not act on behalf of any other person asserting such rights.
IBOD LLC reserves the right to rescind and/or make null and void the sale/lease of Domain Name(s) if Buyer fails to take control of the Domain Name(s), in accordance with the instructions provided within 24 business hours of the sale orlease of the Domain Name(s). ALL DOMAIN SALES ARE FINAL and subject to prior sale.
All correspondence to IBOD should be addressed through the IBOD contact page.
Trademark Complaint Procedure
When IBOD receives a complaint from an intellectual property (“IP”) rights holder, our legal team will conduct an investigation of whether the domain name(s) listed for sale on IBOD are using terms corresponding to a protected term in the domain name itself. Be advised that IBOD may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of trademark infringement if, in its sole discretion, IBOD believes that such access, preservation or disclosure is necessary or useful to respond to or otherwise address such a complaint.
If you are an IP rights holder, or represent a rights holder, and object to a domain owner’s use of a term corresponding to your IP rights in a domain name listed with IBOD, please send the following information via E-mail to firstname.lastname@example.org or by mail to the address stated below:
1. Name of Company or Individual
2. Contact information (including E-mail address).
3. List of intellectual property right(s) at issue and corresponding domestic and/or international registrations.
4. The specific domain name(s) at issue.
5. Include the following statement: “I have a good faith belief that use of the trademarks described above with the domain name(s) described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.
6. Include the statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”
7. Your Signature.
» Please send written correspondence with the above information to the following address:
Attn: Legal Department
5020 Clark Road
Sarasota Fl, 34233
Our policy for copyright disputes involving our customers virtual assets
IBOD is an international Website Hosting and Content Delivery service. However, with the exception of our own business and administrative websites IBOD does not provide or edit content of those who use our hosting or delivery services.
From time to time, and without any participation from IBOD, a customer’s site may include content which another person believes to be their intellectual property. If you believe that one of IBOD’s customers has published on their website text, data, music, or an image to which you believe you have a copyright we offer the following options to you.
• Try to work it out. Contact the site owner and explain your concern and request that they voluntarily remove your intellectual property from their site or negotiate a royalty or payment for its continued use. Communicate, it really can be resolved quickly this way.
• If negotiations fail, you can retain legal counsel initiate a legal claim in court to resolve the dispute.
• If you believe very strongly that your intellectual property rights are being violated by IBOD’s customer, and you want IBOD to take action on your behalf, you must carefully follow the procedures established under the Digital Millennium Copyright Act (hereafter referred to as the “DMCA”), which is a statute passed by the United States Congress and which can be found at Title 17 of the United States Code.
IBOD did not write the law, and we understand the mechanism it provides for such situations is awkward and the time frame may seem arbitrary. However, if you want IBOD LLC to take action you must follow the procedures fully and completely. Similarly, the customer whose use of the disputed material is being challenged must also carefully follow these procedures. Both the complaining party and IBOD’s customer are advised to read all four steps as detailed below.
Step One: The complaining person sends to DMCA@ibod.com a “Notification of Alleged Copyright Infringement” which contains all of the following information:
(a) Complete e-mail, telephone, fax, actual address (if different from the mailing address), and ordinary mail contact information so we can reach you, or if you prefer your legal representative, to respond to the Notification.
(b) Clear identification of the material in question by description and location on the website. If there are multiple pages then let us know that so we can see for ourselves what the dispute involves. Links to the offending pages or screen captures can also be helpful. But you need to be as specific as you can.
(c) A brief explanation of the basis for your ownership claim. For example, “I wrote that,” or “I took that photograph.”
(d) The following statements:
“I declare that I have a good faith belief that the use of the disputed content is not authorized by the copyright owner or their authorized agent. I further attest under penalty of perjury that the information I have provided in this Notification is accurate and that I am the copyright owner or have been expressly authorized by the copyright owner to act on their behalf.”
(e) An actual or electronic signature for the complaining party or their authorized agent.
If you prefer to send the Notification in paper form then it should be mailed or delivered to:
IBOD LLC – DMCA Notification
6241 Sawyer Loop Road Suite 311
Sarasota, FL 34238
WARNING – Should your Notification contain false information there may be severe criminal and civil penalties brought upon you. This is a serious legal process.
Step Two: Once we receive a Notification, and assuming it contains all of the information required, IBOD LLC will immediately notify its customer and forward a copy of the Notification to them with a request that the specific disputed content be immediately deleted from the website(s). This allows the customer to continue operating the website while discontinuing use of the disputed content. If the customer fails to voluntarily edit their Web site then, following the procedures of the DMCA, IBOD LLC, will take action (which may at IBOD LLC’s discretion include disabling the customer’s entire website) pending receipt of a Counter-Notification (as explained below), court order, or notice from the parties that they have resolved their differences.
Step Three: If you, as the customer, challenge the claims of the complaining party then the customer may send to IBOD LLC a “Counter-Notification” seeking to have their web site reactivated or any deleted or blocked content restored. Such a Counter-Notification must contain all of the following information:
(a) Full identification of the customer with e-mail, telephone, fax, physical address for service of legal papers (if different from your mailing address) and ordinary mail contact information. If you prefer, your legal representative can provide their contact information.
(b) A clear identification of the material or web site which has been disabled, blocked, or removed.
(c) A brief explaination of the basis for your ownership claim. For example, “I wrote that,” or “I took that photograph.”
(d) The following statement:
“I hereby consent to the jurisdiction of the United States Federal Court where I am located, or if I am located outside of the United States then in the United States District Court for the Western District of Pennsylvania (where pair Networks, Inc. is located), I also agree to accept service of process from the party which filed the Notification of Alleged Copyright Infringement, or their authorized agent, through the address provided with this Counter-Notification. I further attest under penalty of perjury that I have a good faith belief that the disputed web site or content was disabled, blocked or deleted as the result of a mistake or misidentification of the material in question.”
(e) The Customer’s (or their authorized agent’s) physical or electronic signature.
This Counter-Notification is best sent as an e-mail reply to the notice provided by IBOD to the customer who included the original Notice of Alleged Copyright Infringement. However it can also be sent in writing to:
IBOD LLC – DMCA Notification
6241 Sawyer Loop Road Suite 311
Sarasota FL, 34238
WARNING – Should a Counter-Notification contain false information there may be severe criminal and civil penalties brought upon you. This is a serious legal process.
Step Four: Upon receipt of the proper Counter-Notification IBOD LLC will forward the Counter-Notification to the complaining party and IBOD LLC will reactivate the website, unblock, or restore any blocked content, no sooner than twenty (20) business days and no later than twenty five (25) business days after the date IBOD LLC receives the complete Counter-Notification – unless IBOD LLC is notified that the complaining party has actually filed a claim seeking to block the customer’s use of the disputed material in the United States District Court where the customer is located, or in the United States District Court for the County of Sarasota Florida (if the customer is not located in the United States). Should IBOD LLC receive actual notice of the filing of court action before reactivating the website or otherwise restoring or unblocking the disputed content, then IBOD LLC will take no further action until it receives a court order or the joint notice of the customer and complaining party that they have amicably resolved their differences and joint instructions regarding the website and material at issue.
Questions: Please direct any questions regarding this procedure to: DMCA@ibod.com
Policy and process for known or suspected trademark infringement
Trademarks are a legal construct that protects the right of an organization or person to use a distinctive sign, name, etc. to identify its products and services to customers. The idea behind this is to prevent confusion within the marketplace between one product and another or dilution of that particular trademark. Trademarks usually govern the use of names of products or services, but are also sometimes associated with phrases, logos, symbols, etc.
All customers of IBOD LLC and the IBOD Network must ensure that they are not infringing upon anyone’s trademark.
We do not allow our customers to engage in trademark infringement. That does not mean that you can’t use trademarked terms at all, but rather that you cannot use them in a manner that could reasonably confuse the marketplace. Nominative use of trademarked terms – such as for criticism or analysis – is generally protected under the First Amendment of the US Constitution.
Trademark law is rather complicated – moreso than copyright law – and IBOD is not at liberty to give prior approval to or otherwise pre-judge whether or not your own intended purpose would be considered legal under the law. We handle each complaint on a case-by-case basis in cooperation with our own legal counsel and do reserve the right to disable any site/account if we have reason to believe that infringement is indeed occurring. Clear cases of willful infringement – such as that associated with fraudulent phishing sites – will result in immediate disablement.
As such, if you plan to use a trademark in a manner that you believe may not be approved of by the trademark holder, we highly recommend that you seek the guidance of qualified intellectual property counsel before proceeding.
If you believe that your trademark is being infringed upon by an IBOD customer, you may contact us and let us know. We have often seen trademark complaints used as a cudgel to silence valid and legally protected criticism, however, so we do ask that you please read the following before submitting your complaint.
Many trademark complaints are clearly intended to silence a critic who is engaging in Constitutionally-protected free speech. In absence of a cogent explanation as to how the use of a trademark in such cases violates trademark law (referencing any supporting case law), it is very unlikely that we would act to remove such a site from our service.
One common example: “companysucks.com” type sites, created with the intent to speak out against perceived shoddy products or services from a given company. Typically, the use of trademarks in such domain names is protected under fair use (cite: Taubman Co. v Webfeats, Sixth Circuit Court of Appeals).
IBOD LLC is a Media Hosting (webhosting) company. If the infringement you have identified is in the form of a domain registered by a certain registrar, you will need to file a formal UDRP (Uniform Domain-Name Dispute-Resolution Policy) complaint with ICANN.
If you believe that trademark infringement is occurring in conjunction with a website hosted on th IBOD Network, we ask that you contact us and let us know. We do ask that you provide us with any applicable trademark registration numbers, as well as a reasonable explanation of where the infringing usage can be found and why you believe it constitutes trademark infringement (and does not fall under trademark fair use doctrine). Except in the most egregious of cases – such as fraudulent phishing sites.
You may send your complaint (not as attachment) to the following email address: DNsupport@ibod.com
Our commitment to privacy
IBOD is committed to the preservation of your privacy. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. Additionally, IBOD adheres to the Safe Harbor Principles as agreed to and set forth by the United States Department of Commerce and the European Union (“EU”), http://export.gov/safeharbor/. To make this notice easy to find, we make it available on our website.
Types of Information Collected
In order to better provide you with our numerous services, we collect two types of information about our users and clients: Personal Information and Non-Personal Information.
When you order services through IBOD, we request certain personally identifiable information from you on our order form to us to allow us to process your order, provide you with the services you order from us, and to provide ongoing technical support for your account. You must provide contact information (such as name, email, phone number, and mailing address) and financial information (such as credit card number, expiration date). By purchasing our services, you agree to provide and maintain accurate, complete and updated information. Your personal information will be kept only as long as we need it for the purposes for which we collected it, or as permitted by law.
After you have ordered our services, we may be in communication with you about your account. These communications are essential to our relationship with you and to our ability to provide you with quality services that are responsive to your needs. As a result, we may maintain information about our communications with you for future use.
IBOD shall only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, IBOD shall take reasonable steps to ensure that personal information is accurate, complete, current and reliable for its intended use.
Disclosure of Personal Information
We use the information you provide about yourself when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide service. In the event that this policy changes, we will provide you with an opportunity to opt out or otherwise prohibit the disclosure of your information to third parties for any purpose other than your ordering and ongoing use of our services. For sensitive information, affirmative or explicit (opt in) choice will be given if the information is to be disclosed to a third party or used for a purpose other than previously authorized.
We do not sell, trade, or rent your Personal Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personal Information to operate our sites and to deliver our services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site or release your address information to the delivery service to deliver products that you ordered.
Occasionally, IBOD may be required by law enforcement or judicial authorities to provide Personal Information to the appropriate governmental authorities. We will disclose Personal Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use IBOD services for illegal activities. We reserve the right to report to law enforcement agencies any activities that IBOD in good faith believe to be unlawful.
IBOD may also use the Personal Information collected to contact customers regarding important changes to our site, new services and special offers we think you will find valuable. You will be given the opportunity to notify us of your desire not to receive these offers through our client portal or by sending an email request at email@example.com.
IBOD collects tracking data when users visit our company website. Whenever you request a page through your browser, navigation data such as your IP address, browser and version, operating system, date and time and the site from which you came are stored in a log file. We use this data to analyze visitors’ use of our site in order to make improvements to our site.
Disclosure of Non-Personal Information
IBOD may share this anonymous traffic and demographic information in aggregate form with other business partners. We do not share any information with anyone that can identify an individual user or account.
A cookie is a small text file that is stored on a users computer for record-keeping purposes. IBOD may use both session ID cookies and/or persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browsers help file.
This Web site contains links to other sites. Please be aware that IBOD is not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every Web site that collect personally identifiable information. This privacy statement applies sole to information collected by IBOD.
Surveys, Marketing, & Contests
From time-to-time our site requests information from customers or site visitors via surveys or contests. Participation in these surveys or contests is completely voluntary. Information requested of participants may include contact information (such as name and shipping address) and demographic information (such as zip code and age). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. We may also provide marketing materials and information about our services along with your invoice for services rendered.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. The IBOD website uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required and is stored on a secure environment within a private datacenter.
All of our customers’ information, not just the sensitive information mentioned above, is restricted to our secure offices. Only employees who need the information to perform a specific job (for example, a billing clerk or a customer service representative) are granted access to personally identifiable information. As a secure facility, our offices are restricted to employees and escorted authorized visitors only.
In the event a customer forgets their username or password, they must provide personal information to authenticate themselves and obtain the information. Additionally, customers can access their own personal data by authenticating themselves. They may access their accounts to change their credit card numbers, but cannot obtain the old credit card information when doing so.
Our Commitment to Safe Harbor
IBOD believes in protecting your privacy. When we collect personal information from you on our website, we comply with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from the European Union. IBOD will regularly review our privacy promises, to ensure that we are in compliance U.S.-EU Safe Harbor Framework.
Safe Harbor Enforcement
Our Commitment To Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Access To Your Personal Information
You always have access to the information we have about you. To review and update your personal contact information, simply email firstname.lastname@example.org to have the information changed.
5020 Clark Road
Sarasota, FL 34233
Terms updated 12/12/2023