1. eNom is partnering with Afternic® to provide eNom's customers with a means to sell their domain name(s) to interested buyers through a network of selected registrars. If you chose to list your domain name for sale through Afternic's Premium Promotion service, you expressly acknowledge, understand and agree that: (i) eNom shall not have any liability or obligations to you regarding the listing and sale of your domain name through Afternic's Premium Promotion service; (ii) eNom has no control over buyers or the Premium Promotion service and makes no representations as to the reliability or capability of the listing service, or the qualifications of any potential buyer or the ability of any buyer to pay for a domain name; (iii) eNom does not collect, retain or have access to any credit card information of buyers nor does it process the payment of funds between you and a buyer and therefore cannot be held liable for any non-payment by the buyer or any unauthorized disclosure of any personal or credit card information concerning the buyer. All terms and conditions related to the transfer of funds between buyers and sellers are covered in the Afternic Terms of Service located at http://www.afternic.com/agreement.php
2. We do not and cannot guarantee the sale or purchase of any domain name through the Afternic Premium Promotion Program. Transfer of a domain name to a buyer is not instantaneous at the time of sale and may take several days to occur.
3. When you register your domain name with eNom and list your domain for sale as part of Afternic's Premium Promotion program, you agree to allow eNom to disable any transfer lock feature associated with your domain name. You also agree that eNom may opt out your domain name from the Afternic Premium Promotion for any reason, without prior notification, including, but not limited to: non-payment of fees, expiration of domain name, fraud, restrictions on transfer, or in the event of a transfer of the domain name to another registrar. When you list your domain for sale as part of Afternic's Premium Promotion program, you expressly acknowledge, understand and agree that any domain name successfully sold in the Afternic Premium Promotion Program may be instantly transferred away from your account into the account of the successful buyer of the domain name.
4. You agree to release, indemnify, defend and hold harmless eNom and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of: a) your use of Afternic's Premium Promotion service; b) any third party claim for trademark or copyright infringement by any person or entity concerning your domain name; c) any violation of any of eNom’s rules or policies relating to the services provided; d) any information or data you supplied to eNom. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of these Terms. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the eNom services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of these Terms.