"Basically, after you sort through all the legal terms and conditions . . . You can license the domain name "PhillySays.com" forever.
(no one else can use it or take it from you)
You lock-in a price forever (tied to inflation). There will be no increases
based on what your website makes or what your website is worth.
You have full access to "PhillySays.com" just like
James R. Hotka,
President & CEO
The Purchaser of the Exclusive Right To Use PhillySays.com.
Rainbow Realty Group, Inc. d/b/a linkUwant.com,
an Indiana Corporation, located in Indianapolis, Indiana. USA
Price Indexes (CPI) program produces monthly data on changes in the prices paid by urban consumers
for a representative basket of goods and services. The U.S. Department of
Labor, Bureau of Labor Statistics publishes the CPI index.
information on Consumer Price Indexes (CPI) visit the
U.S. Government Bureau of Labor Statistics
website links provided below:
Exclusive Right to Use: Customer acknowledges and
understands that he is purchasing from Provider the a license which includes the
exclusive right to use the domain name
PhillySays.com. Customer shall have the exclusive use
PhillySays.com for any lawful purpose including any of the following:
Customer may select any "name server".
or Customer may select any "hosting service".
or Customer may select any "eMail service".
or Customer may use the "Free Advertising Page" as offered by linkUwant.com.
or Customer may use any of the following “Value Added
Services” as offered by eNom.com and LeftOverDomains.com:
Prohibited Use: Customer shall not lease, sub-lease, assign or transfer any part of his interest in
PhillySays.com or in this agreement without prior written consent of Provider.
Fees: Customer agrees to pay Provider a
Annual Service Fee or Monthly Service Fee, as stated on above.
Provider shall also have the right to pass through to Customer any
taxes, assessments, fees, fines or documented increases in expenses or holding costs
directly associated with the use of or ownership of PhillySays.com.
Exclusive Right to Renew: Prior
to the expiration of the term of this agreement or expiration of any
renewal term, Customer shall have the exclusive right to renew this agreement.
No one else can purchase, license or use "PhillySays.com"
without your permission.
Automatic Renewal: This agreement shall automatically
renew unless Customer provides a written notice of cancellation 45 days
prior to expiration of the current term. When PhillySays.com
comes within 30 days of the term expiration, Provider shall have the
right to charge the Customer's credit card the cost of the Service Fee adjusted by the CPI* to allow for inflation.
Price Guarantee: Purchaser is guaranteed to the same low price with
a small adjustment for inflation. Upon any renewal term, Provider,
at provider's option, shall have the right to increase the Annual
Fee based on the CPI (Consumer Price Index Calculator)
from the original date of service.
If you purchased PhillySays.com in 2008 for
$990.00 per year.
The actual CPI Rate from 2008 to 2009; (1 Year) was
Your maximum renewal
amount for 2009 =
The actual CPI Rate from 2008 to
2010 (2 Years) was 1.279%
Your maximum renewal amount
The actual CPI Rate from 2008 to
2011 (3 Years) was 4.46%
Your maximum renewal
amount for 2011 =
Provider shall have the right to offer a Customer a discount off the above
Annual Service Fee for multiple year renewal plans or a
surcharge for monthly renewal plans. Upon renewal Provider shall have
the right to adjust the Annual Service Fee based on the full CPI even though
Provider may not have apply CPI adjustments on past renewals. Provider shall have
the right to discontinue any payment plans or discount plans, except as
stated herein, without notice.
Domain Name Ownership: Customer acknowledges and
understands that if he is paying the Annual Service Fee or the Monthly
Customer is not buying any ownership interest in PhillySays.com.
Customer is buying license which includes the “Exclusive Right To Use PhillySays.com from linkUwant.com.
Said license and use of PhillySays.com shall be subject to the terms and conditions stated herein.
Customer further understands that prior to
obtaining a license he can outright purchase PhillySays.com for
$22,000.00 or may obtain an Option to Purchase
PhillySays.com for an additional $275.00
per year. For more Information see:
Customer Representations: Customer represents that,
to the best of his knowledge and belief, neither the registration of
PhillySays.com nor the manner in which PhillySays.com will be directly
or indirectly used will infringe on the legal rights of any third party. Customer is
responsible for providing Provider with full contact information
and providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that may
arise in connection with the domain name PhillySays.com. Customers shall accept
liability for harm caused by wrongful use of PhillySays.com.
Customer agrees that registration of the PhillySays.com shall be subject to
suspension, cancellation, or transfer pursuant to any ICANN-adopted
policy, or pursuant to any Registrar or Registry procedure not
inconsistent with an ICANN-adopted policy, (1) to correct mistakes by
any Registrar, the Registry, or the Registry administrator in
registering the name, or (2) for the resolution of disputes concerning
Disclaimer of Warranties: EXCEPT AS SET FORTH HEREIN,
Provider EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The use and/or ownership of a domain name can be prohibited by Federal,
State or Local Laws. Seller makes no warranties as to lawful use and/or
lawful ownership of PhillySays.com. Buyer has been afforded
the opportunity to make his own investigate of the local Recorders Office,
the Secretary of State, the United States Patient Office to determine if
any part of this name is in violation of any Trademark and/or infringes on
any local business name. Seller makes no warranties and Buyer is buying the
domain name without regard to lawful use or ownership.
Indemnification: Customer agrees to indemnify, defend
and hold harmless Provider from and against any third party claim,
action, suit, or proceeding arising out of Customer's use of PhillySays.com. Such
indemnity shall apply to all losses, damages, liabilities, and
reasonable attorney's fees and costs incurred by Provider.
Customer shall indemnify and hold harmless Provider, its directors,
officers, employees, and agents from and against any and all claims,
damages, liabilities, costs and expenses (including reasonable legal
fees and expenses) arising out of or related to the Domain registration.
Limitations on Liability: Provider shall not be
liable for any special, incidental or consequential damages, or for
interrupted communications, lost data or lost profits, arising out of or
in connection with this Agreement. The maximum amount of damages to be
paid to the Purchaser shall be limited to the Annual Service Fee stated above.
Interpretation: In interpreting this Agreement, all
captions and titles shall be disregarded, and when applicable, the
singular of any word shall mean or apply to the plural, and masculine
form shall mean and apply also to feminine, and vise versa.
Terms Binding: All terms and conditions are included
herein and no verbal agreements shall be binding.
Customer, in the use of PhillySays.com
shall abide by all government laws, rules and/or regulations. In
addition Customer shall abide by any agreements, policies, rules or
regulations that are required of the Domain Owner or Provider. These
shall include but are not limited to the items listed below, plus any
additional policies, rules or regulations as set out by the Internet
Corporation, the web hosting provider, and the ICANN-domain registrar(s)
For the adjudication of disputes concerning or
arising from use of PhillySays.com, Customer shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts in Marion County,
If any provision of this Agreement is held to be
unenforceable for any reason, the remaining provisions shall remain in
full force and effect.
The waiver of any breach of this Agreement will not
operate as a waiver of any other or subsequent breach.
This Agreement constitutes the entire understanding
and agreement between Provider and Customer. This Agreement may only
be amended in writing acknowledged by both parties.
Any notices required or permitted hereunder may be
given by electronic mail or fax if receipt is confirmed by the
recipient, or if the notice is also sent by first class mail. Notice
will be deemed given on the date the electronic mail is sent.
All payments, inquires or notices to be delivered
to Provider at: