Domain Parking Terms and Conditions
Version: 01 March 2023
These Terms and Conditions for the Domain Parking Service are translated into English, French, Spanish and Chinese and are available to the Customer online. The contractual language is English. Any translation of these Terms and Conditions into another language is therefore for information purposes only. In the event of any ambiguity or discrepancy, the English language version shall control.
These are the Terms and Conditions of Sedo.com, LLC (hereinafter referred to as "Sedo") for the Domain Parking Service (hereinafter also referred to as "Parking Agreement", “Parking Terms“ or "Agreement").
These Parking Terms shall become effective upon their electronic acceptance. This Agreement governs the terms and conditions for the use of Sedo's Domain Parking Service (hereinafter referred to as the "Parking Service" or the "Services"). By accepting these Parking Terms, Customer acknowledges that you have read, understood, and agree to be bound by these Parking Terms.
If, at any point, you or someone acting on your behalf, sets a domain's DNS preferences to Sedo's parking servers, you also thereby agree to these Parking Terms.
The business relationship between Sedo and you shall be governed by:
- the following Domain Parking Terms and Conditions, and
- the Sedo General Terms and Conditions (hereinafter referred to as "User Terms”),
in each case, in their version valid at the time of their electronic acceptance between Sedo and you, and whereby all provisions of the User Terms are to be applied, provided that no deviating provisions have been made in these Parking Terms. In the event of any inconsistency between the provisions of the User Terms and the provisions of these Parking Terms, the provisions of these Parking Terms shall prevail. All regulations of the User Terms remain in full force and unaffected by the Parking Terms, if they are not expressly changed by the Parking Terms.
Any deviating terms and conditions of the User shall not be recognized unless Sedo expressly agrees to their applicability in writing. In addition, special terms and conditions may apply to individual business relationships that contain deviations from or additions to the User Terms or the following Parking Terms. In this case, any special terms and conditions will be agreed separately with you in writing and will have priority.
In addition to the Parking Terms found herein, you also accept and agree to follow the Rules for Parkers and the regulations set forth therein available on the Sedo website under Sedo Policies, and any other supplemental terms provided by Sedo, which are hereby incorporated by reference and made a part of this Agreement.
Further this Agreement is also effective with your first use of the Service for any reason, including, but not limited to, setting your domain name preferences to direct your domain traffic to Sedo’s domain hosting servers, regardless of whether or not the domain has been added to your Sedo User account.
Sedo may elect to discontinue offering the Service, or any portion thereof, at any time for any reason, with or without advance notice.
3. Domain Parking Service
3.1 Description of Service
Domain Parking is an optional service for Users to “park” their undeveloped domain names in order to generate revenue and increase the chance of a sale. To use Domain Parking, the User must forward their Domain to a Nameserver specified by Sedo and enter the Domain in their Sedo User account. As the registered owner of the Domain(s), the User is solely responsible for any content directly or indirectly displayed as a result of your directing the domain to Sedo’s Services.
Sedo’s Domain Parking Service is free of charge for Users. Users are responsible for all fees related to their registration and use of the Domain.
3.3 User Obligations
Users who utilize the Domain Parking Service are obligated and solely responsible for verifying that their use of the Domain Parking Service with their Domain(s) does not and will not violate the rights of any third parties, including, but not limited to, trademark rights, naming rights, and rights protected by unfair competition laws as well as any applicable laws. In addition, should the User receive notice from a third party regarding their use of Sedo’s Domain Parking Service, the User is obligated to immediately cease their use of the Domain Parking Service for the respective Domain and contact Sedo and provide any relevant information related to such notice.
Likewise, Users who utilize the Domain Parking Service are obligated and solely responsible for compliance with all relevant international laws, including, but not limited to, US state or federal privacy protection regulations and the European Union’s General Data Protection Regulation (“GDPR”), regarding visitors to User’s Domains parked with the Service.
Users of the Domain Parking Service recognize and agree that they are solely responsible for compliance with international regulations such as the California Consumer Privacy Act (CCPA) and the EU GDPR. User likewise acknowledges and accepts that Sedo makes no warranties or representations as to the accuracy or completeness of compliance features or otherwise guarantee that these features will satisfy regulatory requirements. The User, at all times, is responsible for ensuring their domains comply with current, revised, or future regulatory or legal requirements. Users hereby release Sedo from all claims for damages and liability, warnings, injunctive relief of third parties, and other claims as well as any related costs and expenses caused by User’s failure to comply with applicable regulations.
USER HEREBY INDEMNIFIES SEDO IN FULL SCOPE FROM ANY AND ALL POSSIBLE CLAIMS AGAINST SEDO IN RELATION TO USER’S VIOLATION OF THE OBLIGATIONS DESCRIBED IN THIS SECTION 3.3.
Insofar as personal data is collected and processed, which requires the conclusion of a data processing agreement and/or required standard contractual clauses, special regulations on the data processing agreement apply in addition to these Parking Terms, which can be accessed here.
3.4 Notice of Potential Violation of Third Party Rights
In the event that (a) Sedo has been notified by a third party that a User’s use of the Domain Parking Service may infringe the rights of a third party or (b) Sedo identifies an abusive use of the Domain Parking or an infringement against Sedo policies, Sedo reserves the right to immediately suspend the Domain Parking service without prior notice and to prohibit the User from using the respective Domain(s) with the Domain Parking Service.
3.5 Advertising Keywords and Related Links
Users who use the Domain Parking Service may select an advertising keyword or related links for each of their parked Domains that is related to the subject matter of the Domain and which may influence which advertisements appear for the respective Domain. All keyword or related link selections must comply with Sedo’s Keyword Selection Policy, which is hereby incorporated by reference and subject to revision from time to time. Users agree not to select advertising keywords likely to cause the display of content infringing the rights of any third party. Sedo and its advertising providers reserve the right to disable or disregard advertising keywords at any time, without notice, and at their sole discretion to ensure relevancy for advertisers, non-infringement of any third-party right, or violation of Sedo’s Offensive Domain Policy.
You acknowledge that the content on parked Domains is generated automatically. Once your Domain is parked with Sedo, Users must review their parked pages to ensure the resulting combination of domain and advertisements do not breach the terms of this Domain Parking Agreement or the Keyword Selection Policy. Sedo makes no warranties as to the appropriateness, validity and non-infringement of such content. Sedo makes no warranties that such content when displayed on your Domain will not violate any applicable laws. You have the ability to discontinue the Domain Parking Service for any Domain and as such may choose to do so at your sole discretion. The entire risk arising out of the use of the Domain Parking Service remains with you, and you will indemnify Sedo from any claims arising in relation to your use of the Domain Parking Service.
3.6 Generation of Click Balance and Payment
If a mode of domain traffic monetization, like an advertising banner, advertising link, or redirect to an advertiser website, has been activated in compliance with the Rules for Domain Parkers by an internet user on the webpage of User’s Domain(s) that he/she has listed with the Sedo’s Domain Parking Service (“Monetization Event”), then a click balance shall be credited to the User’s account in an amount and at a time determined at Sedo’s sole discretion (“Click Balance”).
DOMAINS THAT ARE NOT ADDED TO A SEDO USER ACCOUNT DO NOT ACCUMULATE A CLICK BALANCE AND THEREFORE NOT ELIGIBLE FOR COMPENSATION. ANY CLICK BALANCES GENERATED BY REFERRAL TRAFFIC ARE NOT PAYABLE UNLESS YOU HAVE BEEN APPROVED FOR THE REFERRAL TRAFFIC PROGRAM AND ACCEPTED THE REFERRAL TRAFFIC TERMS.
The total Click Balance generated shall be paid out to the User, so long as there are no indications of “fake” or manipulated traffic, as defined below, or active legal disputes in relation to User’s use of the Domain Parking Services, at an interval and in the manner as described in the Rules for Domain Parkers.
Any unredeemed Click Balance that has yet to expire will be held until the month in which the total amount due exceeds the minimum payment amount for the chosen payment method as stated in Sedo’s Rules for Parkers or until the participation in the parking program has ended, in which case final payment will be made by method chosen by Sedo in its sole discretion and any unredeemed Click Balances less than the stated minimum amount shall be forfeited.
Any Click Balance shall expire after twelve (12) months after being generated, for whatever reason.
In accordance with the Rules for Domain Parkers, Sedo reserves the right to reject payment requests to unconfirmed PayPal accounts. In addition, Sedo reserves the right to demand verification of User identity before releasing Click Balance payments to said User.
User Click Balances resulting from use of the Domain Parking Service are subject to revision for reasons including, but not limited to, accounting corrections from Sedo’s advertising providers or revisions to rates per click. Sedo will only pay Click Balances that correlate to the actual share of revenue that we actually receive from our advertising provider.
IN THE EVENT THAT SEDO DISCOVERS A MISTAKE WITH RESPECT TO THE CLICK BALANCE ALREADY PAID TO USER, USER SHALL BE OBLIGED TO REPAY, IMMEDIATELY AT SEDO’S REQUEST, THE UNEARNED PORTION OF ANY CLICK BALANCE MISTAKENLY PAID.
PLEASE BE ADVISED THAT STATISTICS DISPLAYED IN YOUR ACCOUNT, ON THE SEDO MARKETPLACE OR OTHERWISE COMMUNICATED TO YOU BY SEDO ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT REFLECT REAL TIME ACCURATE ACCOUNTINGS OF DOMAIN STATISTICS OR CLICK BALANCE.
3.7 Suspicion of Fake Traffic and Consequences
Fake or otherwise manipulated traffic is hereby defined as statistically measured visits to a Domain causing the Monetization Event associated with said Domain, which have been produced by anyone other than a living individual with good-faith intent to inquire about the subject matter being displayed on said Domain (“Fake Traffic”).
Upon reasonable suspicion that a User’s Click Balance is the result of Fake Traffic, Sedo reserves the right, without prior notice and at Sedo’s sole discretion, to delete any or all of the accumulated Click Balance for a User account, to deny any or all of the User’s Domain(s) from utilizing the Domain Parking Service, and/or suspend or delete the User’s account. In the event Sedo has already remitted payment of a Click Balance earned by a User’s Domain(s) and Sedo’s advertising partner subsequently make a corrective revenue deduction with respect to User’s said Domain(s), or if it subsequently turns out that the respective underlying Monetization Event was based on Fake Traffic, Sedo shall be entitled to fully reclaim the amount unduly paid to User or to offset this amount owed returned to Sedo against any other Click Balance that may be owed to the User. Nothing herein shall prevent Sedo from pursuing any claim of damages against the User in relation to their violation of this Section 3 or the Domain Parking policies and guidelines.
3.8 Right to Terminate Service and Effect of Termination
Sedo reserves the right to terminate or discontinue provisions of the Domain Parking Service at any time, without reason and without prior notice to the User. Upon termination, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in Sedo’s systems. Sedo is under no obligation to maintain any such data or information unless required by law.
3.9 Limitation of Liability and Warranty Disclaimer
Sedo does not guarantee the success of the search for the domain monetization model associated with the advertising keyword specified by the User, nor does Sedo guarantee that Users who direct their Domains to Sedo’s servers or participate in the Domain Parking Service generally will generate a Click Balance or earn any revenue from their participation. Please note that specific click rates or click prices fluctuate depending upon market forces and are subject to change at any given time. Your Domain must be actively listed in your Sedo User account to qualify for earning a Click Balance.
SEDO IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING ADVERTISERS) THROUGH THE DOMAIN PARKING SERVICE. USER IS SOLELY RESPONSIBLE FOR THE CONTENT DISPLAYED ON USER’S DOMAINS, WHETHER OR NOT THE DOMAIN HAS BEEN ADDED TO USER’S SEDO ACCOUNT. SEDO AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. DOMAIN PARKING STATISTICS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SEDO MAKES NO GUARANTEE AS TO THE ACCURACY OF ANY STATISTICAL INFORMATION PROVIDED.
Sedo shall not be liable to User in any way in cases of force majeure, which Sedo cannot influence. This includes, but is not limited to: disruption of communication networks of other operators; computer failure of Internet providers or online services; or incomplete and/or non-updated offers from so-called proxy servers (intermediate storage) of commercial or non-commercial providers and online services.
The provisions of this Section 3.9 shall apply to Sedo’s legal representatives and vicarious agents. In all other respects, the liability provisions of Sedo’s General Terms and Conditions shall apply, insofar as these have not been changed by the provisions of these Parking Terms and Conditions.
3.10 Intellectual Property and Confidentiality
Sedo and/or its advertising providers maintain all rights, title and interest, including without limitation all intellectual property rights relating to the Domain Parking Service, including, but not limited to, aggregate metadata collected from Domains parked with Sedo. Any rights not expressly granted herein are reserved. User shall not, and shall not allow any third party to: (a) modify, adapt, translate, prepare derivative works from, decompile (except to the extent allowed by law), reverse engineer, disassemble, or otherwise attempt to derive source code from the Domain Parking Service, the advertising links, or any other technology or documentation obtained from the Domain Parking Service; (b) crawl, index or in any non-transitory manner store or cache information obtained from the Domain Parking Service; (c) disclose information obtained from the Domain Parking Service to any third party offering services competitive with the Domain Parking Service; or (d) engage in any action or practice that reflects poorly on Sedo or its advertising partner.
Users should be aware that Sedo is not the editor of the parking pages it provides to Users. However, Sedo maintains all associated intellectual property rights, including, but not limited to, copyright rights in the design elements in such pages as they are published and reserves the right to alter, discontinue, or otherwise modify parking page templates available for Users of the Domain Parking Service.
4. User Warranty
At all times your use of the Service must be in compliance with this Agreement and the acceptable use policies posted on the Sedo website under Policies, which are hereby incorporated by reference. If you violate the acceptable use terms described herein, Sedo may, in its sole discretion, with or without notice, terminate your access to the Service.
As a condition of your use of the Service, you warrant to Sedo that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
5.1 Modification of this Agreement
If Sedo intends to amend these Domain Parking Terms and Conditions, Sedo will notify you thereof. If you do not object thereto in due form or in due time, the amended Domain Parking Terms and Conditions shall take effect two (2) weeks after receipt of the notice. An objection is only deemed to have been made in due form and in due time if it is made in writing and is received by Sedo within two weeks after receipt of the notice. Sedo shall notify you of the possibility of filing an objection and of the form and time limit therefore and the legal consequences of failing to file an objection in due form and in due time.
You are therefore obliged to keep your data, in particular your e-mail address in your customer account, up to date at all times. Sedo assumes no liability or responsibility for the fact that you do not receive an e-mail notification due to the lack of a currently valid e-mail address. If you object in due form and time, Sedo is entitled to terminate the contractual relationship with you immediately and to block your account.
Should a provision of this Agreement or a provision in the User Terms be or become invalid in whole or in part, the validity of the rest of the Agreement or the User Terms shall not be affected. The invalid provision shall be replaced by an appropriate provision that comes as close as possible to what the contracting parties intended.