Web3 Domain Marketplace Terms and Conditions
Domain Aftermarket Terms and Conditions
Version: April 4, 2025
1. Introduction
Welcome to Freename’s Domain Aftermarket Service (“Aftermarket” or “Service”). These Terms and Conditions (“Aftermarket Terms”) govern your use of Freename’s platform for buying and selling Web2 and Web3 domains (“Domains”). The Aftermarket offers various listing formats and transaction methods to facilitate secure and efficient Domain sales.
These Aftermarket Terms supplement Freename’s general Terms of Service (incorporated by reference). In the event of a conflict, these Aftermarket Terms control for issues specifically relating to the buying and selling of Domains.
By accessing or using the Aftermarket, you agree to be bound by these Aftermarket Terms, and any guidelines or policies referenced herein.
2. Scope
Complete Agreement. These Aftermarket Terms, along with Freename’s Terms of Service, constitute the entire agreement between you and Freename regarding your use of the Service. In cases of a discrepancy between these Aftermarket Terms and the Terms of Service, these Aftermarket Terms shall prevail.
Amendments. Freename may modify these Aftermarket Terms at any time. Major changes will be communicated in a manner consistent with Freename’s Terms of Service. Continued use of the Service after such changes constitutes acceptance.
3. Description Aftermarket
Purpose. Freename’s Aftermarket is a platform that enables the listing, buying, and selling of both Web2 Domains (traditionally registered via ICANN-accredited registrars) and Web3 Domains (blockchain-based domain names) across multiple blockchains such as Polygon, Base, Solana, Aurora and Sei.
No Agency. Freename itself is not a party to Domain sales contracts between Buyers and Sellers; it merely provides the technological interface. However, Freename may list own Domains on Aftermarket and in this case becomes a party to the sale contract.
Third-Party Escrow. The transfer of purchase funds and Domain ownership may be facilitated through a third-party escrow service (e.g. Erscow.com) to enhance transaction security. Freename is not responsible for services or disputes arising from the escrow provider.
4. Domain Types
Web2 Domains
Renewal Fees: Buyers and Sellers acknowledge that Web2 Domains may require periodic renewal fees paid to a domain registrar. Each party must ensure the Domain remains in good standing with the applicable registrar.
Registrar Policies: Users must comply with all relevant rules of the Domain’s registrar or registry, including special registration or transfer restrictions.
Web3 Domains
Blockchain Transactions: All purchases, transfers, or ownership changes for Web3 Domains occur via smart contracts on a particular blockchain. Users are responsible for blockchain-related fees (“gas,” etc.).
Compatibility: It is each user’s responsibility to maintain a compatible blockchain wallet and ensure the transaction meets all technical requirements.
5. Domain Listing Options
Currently, only Buy Now Listings are admitted, where the Seller specifies a fixed price and a binding agreement ensues when a Buyer accepts the fixed price.
6. Escrow & Payment
Mandatory Escrow. Unless otherwise stated, payment and Domain transfer will use a third-party escrow service (such as Erscow.com). Buyers and Sellers agree to follow the escrow service’s steps to finalize payment and Domain transfer.
Fees. Freename may charge transaction fees, commission, or listing fees (collectively, “Fees”) for Aftermarket usage. The escrow provider may charge additional fees, which are disclosed prior to transaction closing.
Responsibility for Taxes. Each user is solely responsible for taxes, duties, or governmental levies (including VAT or sales tax) on transactions they undertake.
7. Seller Representations
By listing a Domain on Aftermarket, you, as Seller, represent and warrant that:
Ownership & Authority. You have valid registration rights (or exclusive rights) for the Domain and are authorized to transfer those rights to a Buyer free of any claims, liens, or encumbrances.
Non-Infringement. To the best of your knowledge, listing or transferring the Domain does not violate any third-party rights (e.g., intellectual property, trademark, naming rights).
Accuracy of Information. All information provided in the listing is accurate, including price, Domain specifics, and (for Web2) registrar/expiration data.
Good Faith. You will not engage in fraudulent, “shill bidding,” or deceptive conduct, and will not cancel a sale solely to circumvent paying Fees or to re-list at a higher price.
8. Buyer Responsibilities
By making an offer or purchasing a Domain, you, as Buyer, acknowledge:
Due Diligence. You are responsible for independently verifying that the Domain is suitable, free of known infringement issues, and legally transferrable. Freename does not guarantee any aspect of the Domain’s availability or fitness for purpose.
Timely Payment. You will timely pay all amounts due (including any escrow or transaction fees) through the designated process.
Registrar & Blockchain Requirements. You must meet registrar requirements (for Web2) or blockchain requirements (for Web3) to complete the Domain transfer.
9. Transfer & Ownership
Completion of Sale. Domain ownership transfers upon (i) Buyer’s full payment confirmed by escrow; and (ii) successful Domain push or transfer to the Buyer’s account or wallet.
Registrar Transfer (Web2). The Buyer is responsible for renewing and maintaining the Domain once the transfer is complete. Failure to do so may result in expiration or loss.
Blockchain Transfer (Web3). The Buyer must ensure compatibility with the relevant blockchain or smart-contract. Network issues or wallet incompatibility may delay or prevent completion.
10. Intellectual Property & Trademark
User Obligations. Both Buyer and Seller must ensure their activities do not infringe any third-party rights, including but not limited to trademarks, patents, or copyrights.
Right of Removal. Freename may remove or suspend a Domain listing upon credible notice that it violates another party’s rights or applicable law.
11. Dispute Resolution
Aftermarket Disputes. Disputes between Buyer and Seller regarding payment, ownership, or transfer typically go through the escrow service’s procedures.
Additional Support. Freename may, at its sole discretion, attempt to facilitate communication or reach a resolution, but Freename is not required to do so and is not liable for disputes between parties.
Governing Terms. Any dispute with Freename or relating to the Aftermarket is governed by Freename’s general Terms of Service (including its dispute resolution and governing law provisions).
12. Limitation of Liability; No Warranties
As Is Service. The Service (including any technology, content, or listings) is provided “as is” without warranty of any kind. Freename makes no representation that any Domain is or will remain legally registerable, that any domain name does not infringe third-party rights, or that the Aftermarket will be uninterrupted or error-free.
Exclusion of Consequential Damages. Except where prohibited by law, Freename disclaims liability for any indirect, incidental, or consequential damages, including lost profits or data, arising from Aftermarket use.
Maximum Liability. In jurisdictions where liability limitations are permitted, Freename’s aggregate liability under these Aftermarket Terms shall not exceed the total Fees paid by you to Freename for the specific transaction giving rise to the claim, or one hundred (100) U.S. dollars, whichever is less.
13. Indemnification
You agree to indemnify and hold Freename harmless from any claims, damages, or expenses (including reasonable legal fees) arising out of or related to:
- Your breach of these Aftermarket Terms.
- Your violation of third-party rights (e.g., infringement of IP).
- Any dispute with a Buyer, Seller, escrow provider, or registrar related to your transactions.
14. Termination
Suspension or Termination. Freename may suspend or terminate your Aftermarket access if you violate these Aftermarket Terms or if your actions pose risk to Freename, other users, or the Aftermarket‘sintegrity.
Effect on Listings. Any Domains you have listed may be delisted, and any ongoing transactions may be canceled or transferred to another escrow process.
15. General Provisions
No Waiver. Failure of Freename to enforce any part of these Terms is not a waiver of its right to later enforce that or any other part of these Terms.
Severability. If any provision is deemed invalid or unenforceable, the remaining provisions remain in effect.
Governing Law. Refer to Freename’s Terms of Service for information on governing law and jurisdiction.