1. BINDING EFFECT

This is a binding agreement. By using the Website, Rentstant, or any services provided by Rentstant (“Company,” “us,” “our,” and “we”) in connection with the Website or otherwise (the “Service”), you agree to abide by these Terms and Conditions, as they may be amended by the Company from time to time in its sole discretion. The Company will post a notice on the Website any time these Terms and Conditions have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you must immediately leave the Website and cease all use of the Service and the Website. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, IMMEDIATELY STOP USING THE WEBSTIE AND DO NOT USE ANY RENTSTANT SERVICE OFFERED THROUGH THE WEBSITE.

2. ABOUT THE WEBSITE

The Website is a platform through which domain owners (“Merchants”) make available website domains that can be rented through a bidding process by users (“Users”) of the Website on a daily basis. The purpose of Rentstant is to allow Rentstant Users to rent domains from Merchants, and to purchase domains when the Merchant is willing to do so. The focus of long term value of the system is to build the most value it can for Merchants on their domains, as domains in use can potentially build traffic, credibility and ultimately ranking in search engines, that should increase value – that domains sitting undeveloped in a registrar or simply posting “parking pages” won’t drive. Merchants will leave their domains in their existing registrar and point the domains at the Rentstant Website allowing Users to rent the domains and thereby help Merchants extract value from the domains by renting them. Users of the site that rent the domains can build websites using the rented domain and grow traffic and brand value by making the domain searchable in the organic search on search engines. These domains are likely more valuable for driving traffic to a site, rather than to focus upon for the purposes of building a permanent brand, as other bidders may rent the domain at a higher price from beneath them in the future. Users may prefer to have their own branding site and to build separate sites that drive traffic and interest in their business. The websites that are built with the Rentstant website tool will be retained in the system for the benefit of the domain owner. If the User renting the domain does not use the website they have created for 45 days, a copy is made available for future renters to edit and use themselves should a future renter desire to edit and use the site going forward. If domains have multiple websites that have been built previously upon it, the User who rents the domain will have access to all websites associated with that domain to choose from. If they prefer however, they may use a blank template from the Rentstant system. It is the responsibility of the Merchant to monitor activities on their domains once the domain has been rented to a Rentstant User and ensure the content and use of the domain is appropriate, not against system standards, and will not hurt their domain. Rentstant takes no responsibility for the use by the User and it is possible the value of the domains could be hurt or destroyed. Likewise, the renter should know that the Merchant may choose at any time not to rent the domain to them any longer and remove their domains from the system.

BIDDING PROCESS

Users bid on domains being rented by Merchants. The bidding process ends at 6:00 pm PST each night. Six hours after bidding closes at 12:00 am PST, the domain’s website will change out – posting the website for the winner of that day’s bid - and the highest bidder will have use of the domain for a twenty-four (24) hour period. After 6 PM PST, while in possession of the domain, Users can create their own website using the software in the system or if the Merchant allows by re-direction of their domain to another website, the User can direct the domain towards a website they have already created and may be outside the system. The default is, for an additional one (1) cent a day, you can have the domain every day. Unless otherwise highlighted, Merchants have the ability to increase this minimum in order to rent their domains. In addition, unless otherwise highlighted, the website created by the user will be left in the system and after thirty (30) days, the data may be deleted by Rentstant. The owner pay to retain a site for him in storage by paying Rentstant a fee.

If the bidding is at $10.00 United States Dollar("USD") or less, the bidding must increase by one (1) cent. If the bidding exceeds $10.00 USD, then additional bids must increase by five (5) cents.If the bidding exceeds $100.00 USD, additional bids must increase by $1.00 USD.

AFFILIATE PROGRAM

There are two different kinds of affiliate programs on Rentstant that enable Users to earn additional money by either (1) “Enlisting Domains” into the Rentstant Website, or (2) by “Getting Domains Rented” by Rentstant Users who pay to rent them.

(1) Enlisting Domains: In the first program, Domain owners are encouraged to bring in potential Merchants (Domain Owners) to the Rentstant Website to rent their domains. Affiliate Markerters (Referrer or the “AM”) will send the potential Merchant an email through the Rentstant platform, and when the potential Merchant clicks the link in the email, they will be directed to the Rentstant Website to create an account and point their domains at the Rentstant Website. Affiliate Merchants must use the Rentstant email platform as this enables Rentstant to keep track of who referred the new Merchant to the Rentstant Website.

The individual must point his domains at the Renstant server IP address correctly and change the IP addresses in their Registrar to correctly point their domains at the Renstant server within 30 days of the individual registering on Rentstant. If the individual does not sign up thru the clicked link or perhaps signs up but is unable to get their domains pointed at Rentstant and validated by Rentstant within the 30 day mark....or if the individual decides to Register directly on their own or through a different or manner, the User does not get credit for bringing the domains into the system. Rentstant only ascertains if domains and subdomains are correctly pointing at the Rentstant server once a day. The time of this server check is subject to change. And Renstant will only check domains that are listed correctly beneath the registrants name. In other words, if a Domain Owner registers and points their domain’s IP address at Renstant, but they have not also listed their domains on the site as well – with the full domain name spelled correctly with the TLD (Top-Level Domain, as in .com, .org, .net, etc.) then the system will NOT know to check the domain nor include the domain in the system – and the 30 day window can therefore expire – and you will get no credit. If the AM attempts to register someone and the individual with the domains fails to do any of the aforementioned things, the AM will receive no credit, even if the Domain owner is compensated.

When done correctly, the Referrer that sent the prospective Merchant the email, will receive 12% percent (12%) of what the prospective Merchant earns from each domain rented on a daily basis through Rentstant for 365 days from the first day each domain is rented over the next 3 years, or 1095 days. So if someone rents a domain on day one for 365 days, the AM would receive 12% of that purchase price up to day 365. If the individual rents beyond that time frame or if the owner takes the domain down, they would receive nothing on a daily basis after that point in time; however, they will have been paid each day for the daily rental that it is up to that point in time. Broken times of rental still allow the AM to be paid up to a total of 365 days out 1095. If the rental is intermittent, where the domain is rented, then it is not a for a few days, and then it is rented again…the AM gets paid 12% of the days that domain is rented up to 365 days. Daily rentals do not need to be consecutive and it is regardless of whether the person who rents it changes or not. Daily rentals are paid after each day to the Referrer and yearly rentals are only paid at the end of the year to the Referrer. If someone rents a domain at day 1000, the AM would receive compensation up to day 1095 (3 years), or for 95 days, and then it would stop. The AM wants the renting to occur wholly within the 1095 day window from registration -- and they earn 12% compensation on the daily rental (not purchase) for that domain until that point in time.

(2) Getting Domains Rented: In the second program, Rentstant Users market domains currently pointing to the Rentstant Website to individuals who may want to rent them. Potential domain renters must be sent an email by Rentstant Affiliate Marketers (AM) marketing the domains through the Rentstant platform. When the potential domain renter clicks the link in the email, they will be directed to the Rentstant Website to create an account and begin renting domains.

(a) Daily Rental program: The User that markets the domain and gets someone to rent it will receive twelve percent 12% of the daily rental price of the domain for every day it is rented up to 365 days. If the Renter rents it on day one and keeps renting it for 365 days, the renter is paid on every day up until then. If they rent it to day 300, then stop for 60 days, then continue…the AM will ONLY get paid each day for the first 300 days, nothing for the 60 days when someone else non-referred is renting it, then paid again for the remaining 5 days of the rental period, if that renter rents it for those remaining 5 days. Even if the renter continues beyond 365, the AM receives nothing after that. The rental period potential is a total of 365 days of compensation for the AM from the very first day of sign up as directed by the AM. When the individual registers at the request of the AM, there is a 30 day window for the renter to begin renting. If not, the AM gets no credit. If at any point after the 365 days the AM tries to get the individual to rent that same domain again, but they have already been compensated for one 365 day period for that domain, they will receive no more compensation, even if the renter chooses to rent the domain from the owner again. However, if they encourage them to rent a different domain, the date of rental start will begin on the very first day of that rental, and he will have a new 365 day of potential earnings for that domain.

The AM may choose to request a different renter to come in and pay a higher amount for that domain. If so, the first renter will lose the domain the next day at 6 PM, ending compensation for the AM at that lower bid price --- and the AM will now receive their 12% compensation of the rental price from the new, higher bidder, for a full 365 days, assuming no one comes and bids higher. If the original renter bids again, the AM only receives compensation for the 365 days from the very first date that renter came into the system on his behest. So if this individual bids again at day 360 from when he registered, the AM could only earn up to another 5 days of rent from the renter, even if he rented it for another ten years with no interruption. Daily rentals are paid to the AM after each day.

(b) Long-term Rental program: The Referrer that sent the prospective Merchant the email, will receive 12% percent (12%) of what the prospective Merchant earns from each domain rented through Rentstant for the prorated amount of one year, and are paid at the END of the year. If the individual rents beyond that time frame or if the owner takes the domain down during that first year at all during the year, ending the rental agreement, the AM would receive nothing. Examples: If someone rents a domain for $1000 for one year, at the end of one year the AM would be paid 12% of the rental fee, or $120 of the $1000. The owner must keep the domain up and available for the renter for the AM to get paid. If the owner does not keep it up the entire time, neither the Owner nor the AM get paid the full amount, or potentially anything, if it is not kept up long enough. If someone rents the domain for 5 years for $5000, and the individual keeps the domain up for one year, the AM would get paid at the end of one year, $120, which is 12% of one year’s worth of rental. In other word, $5000, divided by 5 years, equals $1000 per year. The AM receives 12% of one year’s worth of rental or $120. The AM is paid when the Domain Owner is paid, and the pay out schedule is divided into subsets on a calendar, depending on the length of time rented. The divisions are a one half, three fourths and 100% of the entire time.

Division of the Affiliate Marketers Payments: Rentstant and the Owner will divide the 12% cost. So 6% will come from the Domain Owners payment, and 6% from that which is owed to Rentstant. This means if a domain is a $1000 for the year, with 50% of the rental fee going to Rentstant and 50% going to the Domain Owner, Rentstant will pay the AM $60 and the Domain Owner will pay the AM $60. This means of the total, Rentstant and the Domain Owner would both then earn $440. $440 Rentstant plus $440 Domain Owner plus $60 from Rentstant to the AM plus $60 from the Domain Owner to the AM, equals $1000.

AM Compensation on Sale of Domains: ONLY the AM who gets a domain rented, long or daily term, get compensated on a sale. A Referer Affilate Marketer gets paid nothing if a domain they referred to the system gets sold. For an AM to get compensated on the sale, they must either have been the AM who suggested to a renter to rent it on a daily or long term basis, or they must send a link which suggests someone buy the domain directly. If an AM sells a domain or the renter chooses to buy the domain within ONE year of the registering (not first rental but within registering at the request of the AM), then the AM gets 2% of the sales price. So if the sales price is a $1000, that means the AM gets $20. The Maximum amount an AM could be compensated on the sale of a domain is $2000, or 2% of a $100,000 domain sale.

On a sale that does not include an Affiliate Marketer, the Domain Owner receives 85% and Rentstant receives 15%. The 15% must be paid first before the buyer and seller are connected and sale transacted through Escrow.com.

On a sale the DOES include an Affiliate Marketer, the Domain Owner receives 84%, Rentstant 14%, and the AM receives 2%. The 16% must be paid first before the buyer and seller are connected and sale transacted through Escrow.com. 1% of the AM fee comes from the Domain Owner and 1% from Renstant. On a $100,000 domain, $16,000 paid up front before buyer and seller finalizing the remaining $84,000 to the Domain Owner in Escrow.com, with the buyer also paying the Escrow.com fees.

Stopping Affilate Marketing by the Domain Owner: The Domain Owner can turn off Affiliate Marketing when the switch is installed and moved to the off position. This turns off all Affiliate Marketers. If an AM is already in a payment schedule however, based up on referral of domains or getting a renter to register or rent domains from that Domain Owner, then that time period is started for the AM and they cannot be turned off. The default for Affiliate Marketing is turned on for all Domains brought into the system.

PAYMENT TERMS

Users have a minimum non-refundable amount of $10 USD required to be in their Rentstant account in order to rent domains. When a User wins a bidding process, the cost of the domain is taken out of the money in their account. In addition, the User needs ten (10) days’ worth of the cost of a domain rental in order to rent a domain. For example, if a domain costs $1 USD a day, the User must have $10 USD in the User’s account in order to be able to rent the domain. Fifty percent (50%) of what the Merchant receives goes to Rentstant first. If the Merchant was brought to Rentstant through one of the affiliate programs as described above, the User that brought the Merchant to Rentstant or marketed the domains will receive 25% of the Merchant’s profit. A pricing example is shown in the table below:

	Cost to Rent Domain	Affiliate Receives Daily: 12% of Daily Rental fee	Merchant Receives	Rentstant Receives
No Affiliate Used	$10	$0	$5	$5
AM Enlisting Domains, and no AM gets the Domain Rented	$10	$1.20	$4.40	$4.40
AM Gets Domains Rented, and No Referrer	$10	$1.20	$4.40	$4.40
Same AM Enlists Domain & Gets Domain Rented	$10	$2.40	$3.80	$3.80
One Affiliate Enlists Domain & Another Affiliate Gets Domain Rented	$10	Each AM receives $1.20	$3.80	$3.80

On a Long Term Rental Examples:
Someone rents for $5000 for 5 years, all compensation is based on one year’s worth of rent. So $5000 divided by 5 years equals $1000 in the first year. 12% of $1000 is $120 paid to the AM who got the domain rented. There is no compensation to a AM who referred the domain into the system when it is sold. They only get compensation when the domain is rented. There is NO compensation to the AM who got it rented if it happens beyond the one year mark.

Withdrawing money from the system: To withdraw earnings from the Rentstant Website, Merchants need to notify Rentstant that they wish to withdraw funds by the 21st of each month. The minimum amount that must be in an account is $10 before anything can be withdrawn. Less than that will not be allowed to be extracted from the system and there are money transfer fees paid to Rentstant for withdrawing or adding dollars. Rentstant will send your funds by the end of the month via PayPal.

3. OWNERSHIP OF THE WEBSITE

The Website, any content on the Website and the infrastructure used to provide the Website are proprietary to us, our affiliates, Merchants and other content providers. By using the Website and accepting these Terms and Conditions: (a) the Company grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Website pursuant to these Terms and Conditions and to any additional terms and policies set forth by the Company; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Website without the express permission of the Company.

4. USE OF THE WEBSITE

As a condition of your use of the Website, you agree that:

• You have reached the age of majority in the state or province in which you reside;
• You are able to create a binding legal obligation;
• You are not barred from receiving products or services under applicable law;
• You will not attempt to use the Website with crawlers, robots, data mining or extraction tools or any other functionality;
• Your use of the Website will at all times comply with these Terms and Conditions;
• You will not intentionally or negligently do anything to hurt the value of domains or websites within the Rentstant system, nor Rentstant itself;
• You will be forthright and honest with Rentstant Merchants, Users and Rentstant itself.
• You have the right to provide any and all information you submit to the Website, and all such information is accurate, true, current and complete;
• You will update and correct information you have submitted to the Website and ensure that it is accurate at all times (out-of-date information will invalidate your account); and
• You will only participate in available programs through the Website by creating an account on the Website, and any domain rental will be subject to the applicable Terms of Sale set forth in these Terms and Conditions.

5. ACCESS TO THE WEBSITE

The Company retains the right, at our sole discretion, to deny service or use of the Website or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Website and your account accessible, the Website and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Website access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

6. USER ACCOUNTS

You may only create and hold one account on the Website for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that the Company shall have no responsibility for any incident arising out of, or related to, your account settings, your domain, or your use of the Website. Rentstant is in no way liable for any losses that may occur through your use of the Website. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Website or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account and for protecting the security, passwords and activity within your account. Merchants can block Users if they do not wish to rent their domain to them, and Merchants are solely responsible for monitoring the content on their domains once they have been rented. Merchants or Users who demonstrate bad behavior and are consistently blocked by others or complained about will be permanently removed from the system. If a domain is pulled down while the domain is being rented, the Merchant or Rentstant will only be liable for the cost to rent that domain for the twenty-four (24) hour period it is being rented for. If Rentstant pays the amount on behalf of any Merchant for any expense, the Merchant will not receive payments from other renters through the Rentstant system until Rentstant has been repaid in full. Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms and Conditions, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information or other valid payment information) will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current or future unredeemed value in your account. Upon termination, the provisions of these Terms and Conditions that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Website, including, without limitation, requirements for use. If you have questions or would like to discuss a proposal, Rentstant can be reached at support@Rentstant.com.

7. USER CONDUCT

All interactions on the Website must comply with these Terms and Conditions. To the extent your conduct, in our sole discretion, restricts or inhibits any other User from using or enjoying any part of the Website, or hurts the domain, we may limit or terminate your privileges on the Website and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account. In addition, you may be subject to lawsuit from Rentstant and/or the domain owner.

The following activities are prohibited on the Website and constitute violations of these Terms and Conditions:

Submitting any content to the Website that:

• Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);
• Contains personal information, except when we expressly ask you to provide such information;
• Contains viruses or malware;
• Offers unauthorized downloads of any copyrighted, confidential or private information;
• Has the effect of impersonating others, their products or potentially infringes on trademarks;
• Directly conflicts with uses that the owner has permitted and causes search engines to decrease the ranking or remove the domain from search engine rankings;
• Hurts the value of a domain, or misleads or represents the domain;
• Contains messages by non-spokesperson employees of the Company purporting to speak on behalf of the Company or provides confidential information concerning the Company;
• Is purposely inaccurate, commits fraud or falsifies information in connection with your Rentstant account or to create multiple Rentstant accounts; or
• Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.

Attempting to do or actually doing any of the following:

• Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
• Scanning or monitoring the Website for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
• Scanning or testing the security or configuration of the Website, or breaching security or authentication measures;
• Pointing domain names at existing websites that already have a domain name associated with it, unless the domain owner gives permission to do so; or
• Interfering with service to any User in any manner, including, without limitation, by means of submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Website.

Using any of the following:

• Frames, framing techniques or framing technology to enclose any content included on the Website without our express written permission;
• Any Website content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
• The Website or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Rentstant; or
• The Website or any of its resources to solicit consumers, Merchants or other third-parties to become Users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Rentstant.

Collecting any of the following:

• Content from the Website and featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission; or
• Personal Information (defined in our Privacy Policy), User Content (defined in Section 8 below) or content of any consumers or Merchants.

Engaging in any of the following:

• Tampering or interfering with the proper functioning of any part, page or area of the Website or any functions or services provided by Rentstant;
• Using the Website to gain access to domains to then rent, sell or buy them outside the Rentstant platform;
• Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Reselling or repurposing your access to the Website;
• Accessing, monitoring or copying any content from the Website using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
• Violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website;
• Aggregating any current or previously-offered deals or content or other information from the Website (whether using links or other technical means or physical records associated with purchases made through the Website) with material from other Apps or on a secondary website without our express written permission; or
• Acting illegally or maliciously against the business interests or reputation of Rentstant, our Merchants or our Service.

The Company reserves the right to terminate your use of the Service and/or the Website(s) or domains. To ensure that the Company provides a high quality experience for you and for other Users of the Website and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms and Conditions, furnished the Company with false or misleading information, or interfered with use of the Website or the Service by others.

8. USER PRIVACY

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here. The Company’s privacy policy is expressly incorporated into this Agreement by this reference.

When you open an account to use or access the Website or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately on any unauthorized use of your account, username, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

9. COPYRIGHT, TRADEMARK, & INTELLECTUAL PROPERTY

When accessing the Website or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”), or rent or sell domains that do so, in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

10. INFRINGEMENT REPORTING PROCEDURES

If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on the Website infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to the Company’s attention, you can report your concern(s) by submitting your complaint to the Company at support@Rentstant.com.

11. DISCLAIMER OF WARRANTY

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NONE OF THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, MERCHANT DOMAINS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON- INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

12. NO EMPLOYMENT

RENTSTANT ONLY PROVIDES A TECHNOLOGY PLATFORM FOR INDIVIDUAL USERS TO RENT DOMAINS. RENTSTANT DOES NOT EMPLOY ANY USERS.

13. LIMITATION OF LIABILITY

THE COMPANY’S LIABILITY TO YOU IS LIMITED. IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE WEBSITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE WEBSITE OR SUBMITTED BY YOU TO THE WEBSITE; (B) A PERSON’S MISUSE OF A RENTAL, OR OF A DOMAIN A MERCHANT OWNS OR RENTS; (C) YOUR INABILITY TO USE THE WEBSITE; (D) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE WEBSITE; (E) THE MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE; (F) THESE TERMS AND CONDITIONS; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE OR A RENTER PROVIDES TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. MERCHANT IS RESPONSIBLE FOR COMPENSATING FOR ANY AND ALL CLAIMS ARISING OUT OF RENTAL OF DOMAIN. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(G) ABOVE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. .

14. ELECTRONIC COMMUNICATIONS

When you use the Website, you are communicating with us electronically and consent to receive electronic communications related to your use of the Website. We will communicate with you by email or by posting notices on the Website, and potentially by SMS. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide or the phone number you provide on the Website or from which you otherwise email us or call us.

15. AFFILIATED SITES

The Company has no control over, and no liability for any third party advertisements or materials. The Company may work with a number of partners and affiliates whose advertisements may be linked with the Website. Because neither the Company nor the Website has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, advertisements) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.

16. RELEASE

You are solely responsible for your interactions with Merchants and other Users of the Website. To the extent permitted under applicable laws, you hereby release the Company from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is an offer available through the Website, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by these Terms and Conditions or the terms of any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

17. INDEMNITY

You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Merchant domain rentals purchased by you through the Website or any additional products or services purchased or obtained by you from the Merchant; (b) any User Content submitted or posted by you, in connection with the Website, or any use of the Website in violation of these Terms and Conditions; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.

18. GOVERNING LAW

These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego, California, USA ,in all disputes arising out of or related to the use of the Website or Service.

19. SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. CALIFORNIA USE ONLY.

The Website is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

21. ASSIGNMENT

You may not assign these Terms and Conditions, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of the Company. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. The Company may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion.

22. MODIFICATION

We reserve the right at all times to discontinue or modify any part of these Terms and Conditions in our sole discretion. If we make changes that affect your use of the Website or our services we will post notice of the change on the Terms and Conditions page. Any changes to these Terms and Conditions will be effective upon our posting of the notice; provided that these changes will not apply to Merchant Offerings prior to the effective date of such changes. If you do not agree to the changes, you may close your account and you should not use the Website or any services offered through the Website after the effective date of the changes. We suggest that you revisit our Terms and Conditions regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms and Conditions page is adequate notice to advise you of these changes, and that your continued use of the Website or our services will constitute acceptance of these changes and the Terms and Conditions as modified.

23. ENTIRE AGREEMENT

The Terms and Conditions, including, without limitation, the incorporated Privacy Policy and other terms incorporated by reference, constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to such subject matter.

24. ADDITIONAL DISCLOSURES

No waiver by either you or the Company of any breach or default or failure to exercise any right allowed under these Terms and Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms and Conditions. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms and Conditions invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and Conditions, and the remaining portions of our Terms and Conditions shall continue in full force and effect.
The provisions of these Terms and Conditions apply equally to and are for the benefit of the Company, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.

25. ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.