WIXI GENERAL TERMS OF SERVICE

These terms and conditions (“Agreement”) apply to and upon your access and/or use of the WIXI, INC. (”WIXI”, “us” or “we”) website at wixi.jp or any affiliated website (each such site a "Site") and/or use of any of our services available under or through the site ("Services"). “You” and “your” refer to you or the person/entity on whose behalf you are acting.

1.   AGENTS.              If you are acting as an agent of another, you are representing that you have the authority to bind your principal to all terms and conditions in this Agreement. A breach of this Agreement by your principal or licensee will be considered a breach by you.   If you are acting through an agent, you are agreeing that, if your agent (e.g., employee, legal counsel, investigator, etc.) used our Service(s) on your behalf, you are bound as a principal by all in this Agreement.  Your continued use of our services will ratify any unauthorized actions of your agent. You are responsible for any errors made by your agent and a breach of this Agreement by your agent will be considered a breach by you.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT USE OR ACCESS OUR SITE/SERVICES.

Upon opening an account you will be provided with a user name and password.  It is your responsibility to protect this information and prevent unauthorized use of your account.  You will be responsible for all activities undertaken using the Site and/or Services, including those undertaken by others using your user name and password.

2. INCORPORATION OF OTHER DOCUMENTS.    These are general terms and are supplemented by the terms described in the [Privacy Policy], [Parking Rules], and [Infringement Notification Policy] (each an “Other Document”), each of which are incorporated herein by reference.

3. LANGUAGE.       The English version shall control as to any conflicts amongst any various language translations that may be provided.

4. ELIGIBLE USERS.        You may not use our Site or Services if: (a) you are not at least 20years old, (b) you lack legal capacity to enter into legally binding contracts, or (c) use of the Site or Services is prohibited by law in the country where you are located.  WIXI reserves the right to limit or refuse access to the Site or any Service.

5. ACCEPTABLE USE OF THE SITE AND OUR SERVICES.        You may not use a Site or any Services provided through or in connection with a Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another’s computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or program(s)); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party’s rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause WIXI to violate any law, statute or regulation; (e) harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Domain in connection with your use of the Site that is confusing or misleading to other Site users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any junk email, spam, chain letters, pyramid schemes, or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. WIXI does not condone or allow spam.   You may not use the Site or our Services to advertise, promote, market or solicit offers to acquire goods/services that compete with our Services or Site.  WIXI will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Agreement or any incorporated terms and conditions, and by using the Site or our Services you hereby consent to the disclosure of your information in such cases.

6. PRIVACY AND CONFIDENTIALITY.        We make every effort to respect privacy rights.  Solely to enable WIXI and its affiliates to use your information without violating any rights you might have therein, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information.  WIXI shall use personal information obtained from you in accordance with its [Privacy Policy].  WIXI reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from a Site, in WIXI’s sole discretion, without notice at any time.  Except as expressly permitted, you shall not share any information provided to you by or on behalf of WIXI with any third party.

7. FEES.        Access to the Site and many of our Services may be without charge but that will not alter the binding effect of this Agreement.  Fee-based Services are provided at rates periodically published on the Site.  Unless otherwise specified in any Other Document, fee modifications are effective and binding as of the date published.  No advance notice is required for any prospectively effective change in Services offered or fees charged therefore.  Before using any of our chargeable Services, you will be asked to review and accept the fees applicable to that particular Service.  Unless otherwise stated, all fees are due in either United States Dollars or Japanese Yen.  Fees are non-refundable and due in advance of Services or upon presentation of invoice and must be paid in valid funds without offset or deduction of any nature.  You are responsible for all sales, use, value-added and other taxes (“Taxes”) (other than those assessed solely on the basis of WIXI’s income) which are applicable to you or the Services provided and you agree to accurately and timely report and pay all such taxes, regardless of when assessed.

8. TERM AND TERMINATION. You remain bound by this Agreement until and unless this Agreement is properly terminated.  WIXI may terminate this Agreement and/or your access to the Site or any Services at any time, with or without cause or notice, and without liability.  You may terminate the Agreement provided that you have no outstanding payment or other obligations due to WIXI or any other user regarding any Services provided.  Notwithstanding termination of this Agreement by WIXI or you, the provisions of Sections 3, 6, 7, and 9 through 17 shall continue in full force and effect.  Upon termination, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in or through the Site and WIXI is under no obligation to maintain any such data or information.

9. LIABILITY DISCLAIMER AND INDEMNIFICATION.  WIXI will not be responsible for any act or omission of you or any third party, including, without limitation, any failure of any person to perform any contractual or other obligations to you, WIXI or any third party and any violation of intellectual or privacy rights.

Although WIXI may periodically monitor the Site, user behavior, intellectual property, or privacy matters, you agree that WIXI has no obligation to do so or to take any action whatsoever, including verification of ownership of, or non-infringement of any intellectual property or privacy right.  You agree not to sue WIXI in connection with any domain name ownership dispute or any claim that a domain name violates the intellectual property rights of you or any third party.

WIXI is not responsible for the content or your use of any web site linked to or from the Site or Services (even if such link is provided by WIXI).  WIXI does not make any warranty or representation regarding any listed Domain Name, including, without limitation, ownership or revenue or traffic statistics.  Any revenue, traffic or other statistics or information is provided “as-is” and without representation or warranty of any nature and WIXI may not be held liable for any inaccuracy thereof, even if such information was provided regarding a Domain Name monetized using any Service.

YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING ANY DATA PROVIDED, IS AT YOUR SOLE RISK.  THE ACCURACY, CONDITION AND AVAILABILITY OF THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS.  WIXI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WIXI MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS, OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.  WIXI MAKES NO WARRANTY REGARDING RESULTS THAT MAY BE OBTAINED, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED, OR ENFORCEABILITY OF ANY CONTRACT PROVIDED FOR USE BETWEEN YOU AND ANY THIRD PARTY. 

IN NO EVENT SHALL WIXI, ITS SHAREHOLDERS, AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING GROSS NEGLIGENCE). WITHOUT AFFECTING THE LIMITATIONS OF LIABILITY IN THIS SECTION, THE LIABILITY OF WIXI, AND/OR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED IN ALL CIRCUMSTANCE TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WIXI AND ANY SHAREHOLDER, PARENT, SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, AGENT, AND EMPLOYEE (EACH AN “INDEMNITEE”) HARMLESS FROM ANY LOSS, LIABILITY, EXPENSE, CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEYS’ FEES) (COLLECTIVELY “CLAIM”), ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH (i) ANY ACT OR OMISSION BY YOU, INCLUDING, YOUR USE OF THE SITE OR ANY SERVICES OR YOUR BREACH OF THIS AGREEMENT OR ANY OTHER AGREEMENT WITH ANY THIRD PARTY OR WITH WIXI , INCLUDING ONE INCORPORATED BY REFERENCE, (ii) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF WIXI OR ANY THIRD PARTY, INCLUDING ANY ALLEGED OR ACTUAL VIOLATION OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, AND/OR (iii) ANY ACT OR OMISSION ON THE PART OF ANY INDEMNITEE (PROVIDED THAT YOU SHALL NOT BE OBLIGATED TO INDEMNIFY AS TO ACTS OR OMISSIONS BY INDEMNITEES TO THE EXTENT SUCH CLAIM AROSE AS A DIRECT CONSEQUENCE OF AN INTENTIONAL ACT BY SUCH INDEMNITEE).

If WIXI elects to control its defense WIXI may settle or resolve such Claim in its sole discretion and the foregoing indemnification shall still apply.  If WIXI elects not to control its defense you will do so.  However, you may not settle or resolve any such Claims without our prior express written consent unless the resolution requires a withdrawal or dismissal (with prejudice), or full and final release in our favor of all Claims asserted against us), all without admission of liability, payment obligation, or agreement to refrain from any undertaking, on the part of WIXI or any Indemnitee.

Any claim or cause of action arising out of or related to this Agreement, the Site, or any Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

NO STATEMENTS, ADVICE OR INFORMATION PROVIDED TO YOU BY ANY WIXI EMPLOYEE, DIRECTOR OR REPRESENTATIVE MAY CREATE ANY OTHER WARRANTY OR ALTER THE PROVISIONS OF THIS SECTION.

The provisions in this Section shall apply to the fullest extent permitted by law.

10. INTELLECTUAL PROPERTY.  Except materials provided by you and accepted by us (“your data”), you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein.  Except as to your data, all content, database information, data and services available on, and collected as a whole through this Site, are property of WIXI, its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally.  “WIXI” is a trademark of WIXI, Inc.  Other names, products or services that may be mentioned in the Site may be the trademarks of their respective owners.  All rights reserved.

If you believe that the Site or any third party using the Site or Services is infringing or violating your intellectual property rights, you must follow the instructions in our [Infringement Notification Policy].

11. YOUR REPRESENTATIONS AND WARRANTIES.      In addition to those stated elsewhere, you represent and warrant to WIXI that:  (a) you have all necessary legal, corporate or other power and authority to make, execute, deliver and consummate this Agreement and perform all of your stated obligations; (b) this Agreement is valid and binding upon you; and (c) you will not use the Site or Services in violation of any applicable law, rule, regulation, or agreement with any third party (including any ICANN, JPRS, or JPNIC policy), or in any manner that infringes upon the contractual, intellectual property or privacy rights of any third party.

12. MODIFICATIONS.  Although we will generally strive to provide 10 calendar days notice of any amendments, WIXI may amend or replace this or any incorporated terms and conditions at any time without notice.  Changes will be posted on the Site and shall automatically be effective on the earlier to occur of (i) 12:01 AMJapan time on the date posted by WIXI, or (ii) upon your accessing the Site and/or use of any Services following the date of posting.   Other than posting amendments on the Site, WIXI shall not be obligated to provide any other form of notice and you should carefully review the Site periodically to alert yourself to any possible changes.  Except as noted in this Section above, this Agreement may not be amended or modified except in a writing signed by you and WIXI.

13. TIMING.  Submittals of information to the Platform or to any user account, including, without limitation, domain name listings. Pricing, auction bids, Offers, Counter-Offers, and acceptances, as well as any deadlines or beginning and ending dates and times for auctions, are all effective upon the date and time applied by WIXI in its operation of the Platform regardless of the date or time in your specific location.  Dates and times are generally the date and time of posting as recognized by WIXI in Vancouver, British Columbia, Canada (or such other location as WIXI may locate its relevant servers).  Any date or time indications, including, without limitation time-remaining information as to auctions is provided without warranty of any nature.  WIXI assumes no responsibility for failure to accurately or otherwise time-stamp any information submitted, including, without information, any auction bids, Offer, Counter-Offer or acceptance or to timely or otherwise publish or communicate any Offer, Counter-Offer or acceptance.

14. CONTACTING EACH OTHER.  You accept notices (including service of process) by any of the following means: (i) posting on the Site or within a notification system associated with your account, (ii) to the address, email or fax listed in your account, or (iii) transmission to the address, fax or email address contained in the WHOIS associated with any domain name associated with or listed in your account.  Notice to you will be effective immediately upon personal delivery, 24 hours following posting to the Site or transmission by email or fax, and 72 hours following delivery to a governmental postage service or commercial courier (provided we have paid all fees for first-class or next-day service).

You may contact us using the information below.  For infringement matters you must follow the instructions in the [Infringement Notification Policy].  Your notice to us is effective only upon our confirmation of our actual receipt.

General Inquiries: Email: info@wixi.jp or through our website: wixi.jp

15. DISPUTES – THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF JAPAN, WITHOUT REGARD TO THE CONFLICTS OF LAW RULES. YOU CONSENT TO THE JURISDICTION OF, AND VENUE IN, COURTS LOCATED IN TOKYO, JAPAN AS TO ANY DISPUTES ARISING OUT OF OR RELATING TO THE SITE OR YOUR USE OF ANY SERVICES.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THIS AGREEMENT OR THE BREACH OR ALLEGED BREACH THEREOF WILL BE SOLELY AND FINALLY RESOLVED BY BINDING ARBITRATION IN TOKYO, JAPAN BY A SINGLE NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE THEN PREVAILING RULES OF THE COMMERCIAL ARBITRATION RULES OF THE JAPAN COMMERCIAL ARBITRATION ASSOCIATION (THE “ASSOCIATION”). THE PARTIES WILL AGREE ON ONE (1) ARBITRATOR WITHIN THIRTY (30) DAYS OF RECEIPT OF THE NOTICE OF INTENT TO ARBITRATE. IF NO ARBITRATOR IS APPOINTED WITHIN THE TIME HEREIN PROVIDED OR ANY EXTENSION OF TIME WHICH IS MUTUALLY AGREED UPON IN WRITING, THE ASSOCIATION WILL MAKE SUCH APPOINTMENT WITHIN THIRTY (30) DAYS OF SUCH FAILURE. THE ARBITRATOR SHALL RENDER A DECISION WITHIN FIFTEEN (15) DAYS OF APPOINTMENT; PROVIDED, HOWEVER THAT SUCH TIME PERIOD MAY BE MUTUALLY WAIVED IN WRITING BY THE PARTIES. THE AWARD RENDERED BY THE ARBITRATOR WILL INCLUDE COSTS OF ARBITRATION, REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

16. BREACH.  Any failure of performance by you under this agreement may be considered by us to be a material breach of this Agreement.  In event of your breach, we may take any action allowed by law, including, without limitation, termination of access or withholding of funds or further service, all without liability to you.  We may (but are not required to) give you written notice describing the breach and give you an opportunity to cure or establish to our satisfaction that you have not in fact violated your obligations.  Giving such notice is a courtesy shall not require that we refrain from undertaking any action. If you are paid an amount which is a mistake and is demanded back by WIXI and you fail to comply then this shall be considered breach.  Accordingly, you agree to assist  and sign any documents necessary to facilitate the return of any mistake funds. You specifically grant to WIXI personnel the right to sign any such documents necessary to fix any of such problems.  If you fail to facilitate the return of any funds directed to your account by mistake then you understand and agree that you will be liable for said funds, associated interest as well as attorneys’ fees, costs and any punitive damages awarded by a Court or Arbitrator.

17. GENERAL.         Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.   We are independent contractors only and you agree that notwithstanding any other statement in the Site or in any Agreement provided to you, no joint venture, partnership, employment, or agency relationship exists between you and WIXI.  Our performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, Services, or information provided to or gathered by WIXI with respect therewith. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and WIXI with respect to the Site and Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WIXI with respect to the Site or Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes.  No waiver is caused by any failure or delay to exercise or enforce any right or provision of this Agreement. You may not assign or delegate all or any part of your rights or obligations hereunder to any third party (including receipt of any moneys due) absent our express consent and any such assignment shall not relieve you of your obligations.  WIXI may freely assign or delegate all or any part of its rights or obligations under this Agreement without prior notice or consent.

WIXI DOMAIN PUBLISHING PROGRAM TERMS

WIXI's Domain Publishing Program (“DPP”) allows you to park your domains. For a domain to be listed with the DPP, the domain must be entered in your account and directed to the DPP via Nameserver. The Nameservers for DNS change are: ns1.fastpark.jp ns2.fastpark.jp. By forwarding your domains to the DPP, you understand that WIXI (”WIXI”) or any of its partners will put advertisements on them and you are liable for any and all consequences that has.

1) TRAFFIC: Traffic on domains in the DPP can originate from two sources only: Type in (direct navigation) traffic and existing search engine results / expired traffic. WIXI reserves the right to exclude domains with non-converting traffic from the system at any time.

2) TRAFFIC SOURCES: Traffic promotional methods not allowed include, but are not limited to:  Blog sites / forums, TGP Galleries, bought traffic (PTR/PTC),  arbitrage traffic driven by PPC campaigns (Adwords etc.), traffic directed from hyperlinks etc. are not permitted. If your traffic originates from any sources other than type-in and search engine traffic, it must first be approved by WIXI. Regular checks are carried out and WIXI reserves the right to suspend any domain from its DPP if the traffic on that domain is believed to be bought, generated or redirected in any way that contravenes these terms and conditions. Users may periodically view their parked pages to ensure they are correctly set up but are not permitted to click any of the advertising links. Traffic may not be redirected from another domain to a domain parked on the DPP. All traffic to a domain must either be type in traffic or link traffic for that specific domain, not redirected from another domain, either on the DPP or another domain outside the DPP. Clicks made on parked pages can ONLY originate from real, unique visitors clicking on the advertising. Clicks can in no way be incentivized.  Clicks may not be generated by asking friends, family, members of the public or anyone else to click on the advertising links on your parked page. You may not use robots, software systems, arbitrage or any other method to artificially modify the number of views, clicks, CTR, PPC, RPM or revenue away from that driven by regular Internet users (not including, but not limited to, yourselves, employees, associates, partners, etc.). Evidence of this will result in the domain immediately being blocked and the earnings withheld. Neither traffic nor clicks may be generated by any non-human source – e.g., bots.  WIXI wishes to maintain a fair, transparent platform. However click fraud and parking fraud are not tolerated. Any major breach of these terms will result in an account being suspended and the earnings being withheld in persistent cases.  If WIXI believes that there might be fraud then WIXI reserves the right to withhold any funds which might result from the fraud for a period of no less then six months in order to ascertain if there really has been such fraud and permanently if such fraud is ascertained. WIXI is partners with a third party from whom it obtains its advertising feed. This third party has reserved the right to claim that traffic is fake or fraudulent and to retain earnings, whether already paid to a customer or pending payment, in its sole discretion.  You agree that the decision as to whether there is or is not fraud shall be decided by WIXI and/or its advertising partners’ sole discretion.

3) DISPLAY METHODS: Domains in the DPP must be displayed as delivered by WIXI and advertising partners. Pages may occasionally be displayed in I-frames or with other embellishments. However, all alterations to a parked page must be approved BEFOREHAND by WIXI.

4) DOMAINS: Domains listed in a user's WIXI account must be the property of that user or their direct partner. Users found to be listing other persons' domains may have their accounts suspended and earnings withheld.

WIXI PRIVACY POLICY

This Privacy Policy applies to Services provided by WIXI, Inc. (”WIXI”) via the domain and sub-domains of www.wixi.jp.  By visiting a WIXI website you agree to be bound by the terms and conditions of this Privacy Policy and you expressly consent to WIXI’s use and disclosure of your personal information in accordance therewith. This Privacy Policy is incorporated into and subject to the terms of the [WIXI General Terms of Service].  If you do not agree to all of our terms and conditions you may not use or access our site.

1. Information We Collect

WIXI only collects personal information about users that we consider necessary for providing our Services in an efficient, customized, and user-friendly manner, including your name, address, phone number and email address.  We collect payment information (such as credit cards) for similar purposes.

2. Information from Children

If you are under the age of 20, you may only use our Site in conjunction with and under the supervision of your parents or guardians, and with express permission from WIXI. For this reason, we ask that children do not submit any personal information to WIXI.

3. Our Use of Your Information

For some of our Services, we may require you to provide contact and identity information, billing information, and other personal information. Under some circumstances, we may also require additional financial information, including, without limitation, your billing address, bank account information, a credit card number and expiration date, and tracking information from funds transfers.

When you access a WIXI website, we may automatically collect certain information based upon your behavior on the site. We use this information to do internal research on our users' demographics, interests, and behavior to serve our users better. This information may include the URL that you come from or go to (whether this URL is on the site or not), your browser information, and your IP address.

If you list or make an offer to buy or sell a Domain Name via a WIXI site, we may collect information about your buying or selling behavior and transactions.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the site, we may collect such information into a file specific to you or the subject of your correspondence.

We use your information and other information we obtain from your current and past activities on the site to resolve disputes, troubleshoot problems, collect fees owed, pay amounts due you, verify your account data, measure user interest in WIXI’s products and services, inform you about online and offline offers, products, services, and updates, customize your experience, detect and protect us against error, fraud and other criminal activity, and enforce our General Terms of Service. At times, we may look across multiple users to identify problems or resolve disputes, and we may examine your information to identify users using multiple login names. We may compare and review your information for resolving or investigating mistakes, conflicts, and accuracy.

We provide you the opportunity to opt-out of having your personally identifiable information used for certain purposes when we ask for this information.  By way of example only (and not limitation), if you register for a user account but do not wish to receive any additional marketing material from us, you can generally indicate your preference on the registration form. If you no longer wish to receive news or promotional materials, you may opt-out of receiving them by following the instructions included in each news release or communication.

We will let you know if and when your personal information is collected by any third party that is not our agent/service provider so that you can make a considered decision as to whether or not to share your information with that party.

“Cookies”

We use data collection devices such as "cookies" on certain pages of the site to help us in our analytics, effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We may offer certain promotions or other benefits that are only available if you have an active “cookie” provided through our Site.  Cookies may also allow you to enter your password less frequently during a session.  Cookies also assist us in presenting you with information we believe is well targeted to your interests.  Information we gather from use of cookies may also be linked with personal information we have about you.  Some cookies last only for your current visit to our Site and are automatically deleted by your computer when your visit comes to an end.  Depending upon the browser you use, you may be able to decline or delete cookies.  Doing so, however, may limit your use and enjoyment of our Site and Services.

Some of our business partners (e.g., advertisers) may use "cookies" on our site. We have no access to or control over these "cookies." This privacy statement covers the use of "cookies" by WIXI only and does not cover the use of "cookies" by any advertisers.

You agree that we may use your information to contact you and deliver information to you that we believe is well suited or otherwise targeted to your perceived interests, including advertisements, notices, product offerings, and communications relevant to your use of the site. By accepting this Agreement, you expressly agree to receive this information.

4. Our Disclosure of Your Information

We do not (and will not) sell or rent any of your personal information to third parties for their marketing purposes without your explicit consent. However, the following describes some of the ways that your personal information may be disclosed in the normal course of business as part of Services provided through our Site.

Advertisers. We gather up data across numerous registered user accounts and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. For such purposes, we do not disclose any information that we believe could be used to identify WIXI users personally.  WIXI may receive a fee or other benefits for providing such information.

Our Site.  Although we undertake reasonable efforts to prevent it, others may illegally attempt to automatically collect your email address from the site. If you are involved in a transaction, we have features that may allow other users to view your email address and obtain your contact and other information to help complete the transaction. Further, we may send out notices to you or other users regarding suspicious activity or policy violations on the site.

Affiliates for Our Operations. We may use third parties ("affiliates") to facilitate or outsource one or more aspects of the Services that we provide to you (e.g., Transfer services related to payments and domain name transfers, domain name search technology, advertising provisions, and other services) and therefore we may provide some of your information directly to these affiliates.  We may or may not hold an ownership interest in these affiliates.  Affiliates are subject to confidentiality agreements with us and other legal restrictions that restrict or prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced service, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the affiliate may collect information directly from you. In these cases, we will strive to tell you of the involvement of the affiliate, but what information you provide them will be up to you.

Agents and Business Entities. We share some of our data, including personal information about you, with our affiliates, subsidiaries, and joint venturers that are committed to serving your online needs and providing related services throughout the world.  For example, we may use a third party company and banking institutions to process all funds transfers related to the purchase and sale of domain names and we use third party registrars for the transfer of domain names.  These companies do not retain, share, store, or use personally identifiable information for purposes other than as related to their service or as otherwise required by law. To the extent that these entities have access to your information, they have assured us that they will treat it at least as protectively as they treat information they obtain from their other users.

Our affiliates, subsidiaries, and joint venturers follow their own privacy practices that may be more or less protective of their users than WIXI’s practices described in this document. WIXI, its affiliates, subsidiaries, joint venturers, or any combination of such, will share some or all of your information with another business entity should we plan to merge with, or be acquired by, or obtain investment funds from that person or entity.

Legal Requests. WIXI cooperates with law enforcement authorities, as well as with other third parties, to enforce laws, intellectual property rights, and to prevent fraud.  Although as noted below, we typically require a subpoena or similar legal document prior to doing so, we do reserve the right, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can, and you authorize us to, disclose your name, full address and postal code, telephone number, email address, login name, access history, IP address, fraud complaints, and site use history, with or without a subpoena.

Without restricting our rights to do so as noted above, as a general policy we will not disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect our rights or to prevent imminent physical harm, financial loss or to report suspected past, present, or future illegal activity. Further, we can, and you authorize us to, disclose to a third party your information, including your name, full address and postal code, country, phone number, email, and company name, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

5. Your Use of Other Users' Information

In order to facilitate interaction among our users, the WIXI Site may allow you access to specific information about other users. You agree that, with respect to other users' personal information that you obtain through the Site, our Services, or through any WIXI-related communication or WIXI-facilitated transaction, WIXI hereby grants to you a limited, non-transferable, revocable license to use such information only for: (a) WIXI-related communications that are not unsolicited commercial messages, (b) using services offered through WIXI (e.g., agreements, transfer services and  complaints), and (c) any other purpose that a user expressly agrees to after you tell them the purpose for which you would like to use it.  In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined herein, can you disclose personal information about another site user to any third party without the written consent of WIXI and the written consent of that user, including, but not limited to, email correspondence with WIXI staff regarding WIXI users, whether in the course of providing WIXI services or otherwise. You grant us all rights necessary to extend the license referenced in, and agree that other users may use your personal information to communicate with you, in accordance with this Section.

6. Control of Your Login Name and Password

Access to the Site and Services is generally controlled by user name and password.  Guard this information carefully.  You are responsible for all actions taken using your user name and password, including fees charged to your account and adherence to the [WIXI General Terms of Service].  This is the case whether or not you specifically authorized such activities.  WIXI personnel, its agents or affiliates will not ask you for your WIXI password.  If you lose control of your password, you may lose substantial control over your information and may be subject to legally binding actions taken on your behalf.  You may also lose access to any account you have created or to transactions in which you were involved.  You should change your password regularly using the online process.

7. Accessing, Reviewing and Changing Your Personal Information

Subject to conditions, WIXI allows users the ability to review and change the information you submit to us by logging into the site and entering in the new information yourself.  For example, once you have logged into the Site, you can change your password, other personal, contact, and financial information, and user preferences by going to the applicable pages and following the instructions.  Certain information may not be subject to change (such as domain names subject to negotiation, pending auction, offers, transfer and the like).

You must always keep your personal information updated.  It is the principle means of our contacting you.  Because of limited staff and the difficulties in authentication, we typically do not accept modifications that are not submitted through the Site.

Subject to the [WIXI General Terms of Service] and other restrictions, you may delete or deactivate your account or information contained therein upon request.  To request deletion or deactivation please use the “Contact Us” link on our Home Page.   In certain circumstances we may refuse or delay deletion or deactivation.  Even if an account is deactivated or deleted, we will still retain all or some of your information for internal use consistent with this Policy, or in order to prevent fraud, collect fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our [WIXI General Terms of Service], and comply with legal requirements. Therefore, you should not expect that your information will be completely removed from our databases in response to your requests.

8. Notification System & Discussion Boards

If you use the notification system or discussion board(s) located on our Site you should be aware that any personally identifiable information you submit can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages.  The notification system is generally made available for use between Buyers and Sellers in connection with ongoing negotiations.  You may submit notifications in a “public” manner (they are viewable by all users) or a “private” manner (available only to WIXI and the Buyer).  You may not use the notification system for matters unrelated to negotiating the purchase/sale of a domain name on our Site and using our Services.  WIXI is not responsible for the personally identifiable information you choose to submit in any of these methods.

9. Other Information Collectors

Except as otherwise expressly included in this Policy, this document only addresses the use and disclosure of information we collect from you.  If you disclose information to other parties (on or outside of the Site), whether they are Bidders, Buyers or Sellers on our Site or other sites throughout the Internet, you do so at your sole risk and different rules and policies may apply. WIXI does not control the privacy policies of third parties.

10. Security

WIXI follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

Your information is stored on WIXI's servers located in the United States, Japan and in European Union countries. When you enter sensitive information (such as credit card or bank information) on our registration or order forms, we undertake to encrypt that information using secure socket layer or other similar technology (SSL). We treat data as an asset and strive to protect it loss and unauthorized access. We employ many different security techniques to protect data from unauthorized access by users whether they are “inside” or “outside” WIXI.  You understand and agree that "perfect security "does not exist on the Internet or with any digital or physical data collection and retention systems.

WIXI personnel are trained appropriately regarding the application of privacy practices and the importance of protecting your information.

11. Notice, Modification

We may change or replace this Policy at any time and without notice.  Such changes shall be effective as noted in our [WIXI General Terms of Service].

WIXI OFFENSIVE DOMAIN NAME POLICY

This WIXI Offensive Domain Policy contains guidelines that help us to determine whether or not a Domain Name shall be denied listing because of its offensive nature.  It supplements the policies set forth in the [Sellers’ Listing Policies].  WIXI reserves the right to deny listing of domains that violate our Offensive Domain Policy or for any other reason.

Offensive Material means that which, in WIXI’s sole discretion, promotes or praises hatred, violence, child pornography, racial or religious intolerance or other similar impermissible content.  Once discovered by or reported to WIXI, domain names containing any offensive materials may not be listed and may be removed without warning or notice to anyone, including any user in whose account the domain name is intended to be or is already listed.  Repeated attempts to list domain names containing offensive material may result in suspension or cancelation of the user’s account, without warning or notice to the user, and without liability on the part of WIXI.

Nor does WIXI wish to list or otherwise provide Services for any domain name that, in our sole discretion, promotes or tends to promote activities or organizations that endorse and/or encourage hatred, violence, child pornography, racial or religious intolerance, crime or other antisocial behavior. This includes, but is not limited to, domains promoting organizations such as the KKK, Nazis, neo-Nazis, the Aryan nation, Yakuza or other similar organizations.

Reporting Domains that Violate the Offensive Domain Policy. It is impossible for WIXI to monitor and verify every single domain name and we disavow any obligation to do so. For this reason, we encourage you to report to us any domain name you believe has been listed in violation of our Offensive Domains Policy.  Inquiries should be sent to the “Contact Us” link on our Home Page.  Please include the domain name and the date, time and location where you noticed the Domain.

INTELLECTUAL PROPERTY RIGHTS POLICY

This Intellectual Property Rights Policy has been developed by WIXI, Inc. (“WIXI”) to allow users and non-users to submit complaints regarding Domain Names that are listed for sale via the Platform and/or other WIXI Services. Despite our detailed rules for use of Services, it is impossible for us to monitor and verify all the Domain Names listed. If you believe that your intellectual property rights have been violated by a WIXI user, please submit a complaint in accordance with the below procedure. A complaint may or may not result in our suspending or terminating a user’s access to and use of the Services.

TRADEMARK CLAIMS

1. Submitting a Complaint.  If you are a trademark owner or the legal representative of a trademark owner and have a good faith belief that a Domain Name listed in our Site infringes your copyright, trademark, or other intellectual property rights, please send a written communication to the following address:

The written communication must include

   1. Name of Company

   2. Contact information (including email address)

   3. List of intellectual property right(s) at issue and jurisdictions in which registered

   4. The specific domain names at issue.

   5. If certain affiliates or partners are permitted to use your trademark in their domain names, list all company names in your letter.

   6. Include the following statement: “I have a good faith belief that use of the trademarks described above with domain names described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law.”

   7. 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.”

   8. Your signature and BLOCK PRINTED FULL NAME AND TITLE.

2. WIXI review.           After we have received your proper complaint, both you and the domain owner will be sent an email confirmation which will outline the domain in question and the party submitting the complaint.  Domain owners are given three (3) days to respond.  We strive to review all claims within ten (10) days of when the complaint was received.  Review will be undertaken by an appropriate member of our staff trained in intellectual property matters.  We will issue our decision to both you and the domain owner. 

3. WIXI decision.         You agree that if the decision is made to remove the domain name from our Site, we will endeavor to do so and such shall be the limit of our responsibility.  You also agree that if a Domain review does not result in removal of the Domain, the complaining party will not be allowed to resubmit its complaint unless he can allege new facts unknown during the initial complaint.

COPYRIGHT CLAIMS

WIXI facilitates the sale and purchase of Domain Names and provides various Services in relation to such transactions. WIXI is NOT responsible for and has NO control over the use of any Domain Name listed for sale. Any content placed on a webpage accessed through or via a Domain Name is the responsibility of the owner and/or any third party service provider (including parking and other monetization services). WIXI does not host Domain Names, provide webpage content, or any other similar services. As such, the Digital Millennium Copyright Act (DMCA) may not apply to our Services. However, we reserve the right to claim benefits of the DMCA provide you with the following information regarding claims of infringement and our policy for handling any claims we may receive.  

DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is intended to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.

INFRINGEMENT NOTIFICATION

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www.domainname.com/page.html") or other information sufficient to clearly specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the “Title of Link” by ABC, published by XYZ, ISBN #987654321").

2. Identify the material that you claim is infringing the copyrighted work listed #1.

3. Provide information clearly sufficient to permit us to contact you (email preferred).

4. Provide information sufficient to permit us to notify the owner of the allegedly infringing content (email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the document.

8. Send the written scanned notice to the following address: WIXI, Inc., info@wixi.jp

COUNTER NOTIFICATION

The administrator or the provider of affected content may make a counter notification pursuant to §§512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the material that we have removed or to which we have disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court, Eastern District of Virginia, USA, and that you will accept service of process from the person (or their agent) who provided notification under subsection (c)(1)(C).

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."

4. Sign the document.

5. Send the written scanned notice to the following address: WIXI, Inc., info@wixi.jp

For any additional questions regarding the DMCA process for WIXI products and services please contact us using the “Contact us” information on the Site.

REPEAT INFRINGERS

We will, in appropriate circumstances, terminate repeat infringers. If you believe that a user of our Site is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user is a repeat infringer.