You must first agree to these terms to submit a Club Drop list.

 

1. The Club Drop^SM Service: The Club Drop^SM service is a free service which only eNom(R) resellers may subscribe to. By participating in the service, you represent that you have read and agree to the terms of this Club Drop Agreement.
   
   eNom will make available to all subscribers of the Club Drop Service a list of domain names which are scheduled to become available ("Expired Domains") and when the Expired Domains are scheduled to become available to the general public (the "Release Date," typically a date in the near future). We will generally try to make the list of Expired Domains available for download five days prior to the Release Date of the Expired Domains.
   
   As a subscriber to the Club Drop Service, each day you will be allowed to select up to 500 Expired Domains you want to acquire (your "Drop list"). Other than your "Bid" (discussed further below), you will not be able to place any conditions on the inclusion of a domain in your Drop list; a domain is either on or off of your Drop list (no conditions like, "Get me domain <abc.com> unless I get <def.com> first"). The list of Expired Domains and the list of domains in your Drop list will be updated frequently; it will be your responsibility to monitor the list of Expired Domains and your Drop list.
   
   On their Release Date, eNom will attempt to register the Expired Domains which are then in the Drop lists of the Club Drop subscribers. If you acquire a domain through the Club Drop Service, then your eNom account will be charged the registration fee for the domain, plus 2 eNom Points (the minimum Bid, discussed further below), plus any additional Bid you may make (discussed further below). Please keep reading for instructions regarding what happens if your eNom account does not have enough eNom Points to cover your registration fees and Bids.
   
   What does eNom do if multiple Club Drop subscribers put the same Expired Domain on their Drop lists (and assuming eNom acquires the Expired Domain)?
   
   If none of the subscribers submitted a Bid beyond the minimum 2 eNom Point Bid, then the Expired Domain will be awarded in a round-robin. The round-robin considers factors such as when the different requests for the Expired Domain were made, whether a potential winner had previously been awarded a Expired Domain in a round-robin before, and other informal factors we consider (in our sole discretion) in an attempt to make the round-robin somewhat equitable. Your reseller domain name registration price is NOT a factor in the round-robin process.
   
   If one or more Club Drop subscribers submit Bids in excess of the 2 eNom Point minimum for an Expired Domain, then the subscriber with the highest Bid will be awarded the Expired Domain. Your domain name registration fee will NOT be added to your Bid amount to determine whether you have the highest Bid. Bids above the 2 eNom Point minimum can only be made in increments of 10 eNom Points, up to 10,000 eNom Points. In other words, you must bid a minimum of 2 eNom Points, but you can also bid 10, 20, 30, etc., eNom Points, all the way up to 10,000. The amount of the highest Bid on each Expired Domain will be publicized. Multiple identical bids above the 2 eNom Point minimum will not be allowed. Bids (including the minimum 2 eNom Point Bid made when you list an Expired Domain in your Drop list) may not be retracted or reduced once submitted.
   
   If a subscriber is awarded an Expired Domain, but the subscriber does not have enough eNom Points to satisfy the domain name registration fees and Bid amounts (in addition to the fees incurred in your other reseller operations with eNom), then eNom will attempt, approximately every 6 hours, over the course of approximately 48 hours, to debit the subscriber's eNom account for the necessary Points. As a subscriber to this Service, it is your responsibility to be aware of the amount of eNom Points in your account and whether you have enough. If eNom is not able to debit your account for the necessary Points within approximately 48 hours of the award of the Expired Domain, then you forfeit any claim to the Expired Domain and eNom shall award the Expired Domain according to eNom's sole discretion. eNom may, but is not required to, alert you regarding a shortage of eNom Points in your account.
   
    
2. The Registration Agreement: When you create your Drop list, you understand that eNom may succeed in registering one or more of the Expired Domains; therefore, in creating your Drop list, you are also agreeing to the terms of eNom's Registrant Agreement, available at www.enom.com. It is important that you read and understand the Registrant Agreement because, for, example and without limitation, you are agreeing to pay for all registration fees for the Expired Domains in question. eNom occasionally works with other registrars ("Cooperating Registrars") in providing the Club Drop service. When we work with a Cooperating Registrar, occasionally a Expired Domain may be registered for you by a Cooperating Registrar, in which case you must agree to the terms of the Cooperating Registrar's registrant agreement. By subscribing to the Club Drop Service, you also agree to this practice, even if you have not yet had an opportunity to read the Cooperating Registrar's registrant agreement.
   
    
3. NO GUARANTEES; ALL FEES NONREFUNDABLE: eNom provides no guarantees in relation to the Club Drop Service. By way of example, and without limitation, the list of Expired Domains may be inaccurate, may be communicated to you at the wrong time, or your Drop list selections may not be recorded by eNom in a timely manner. In addition, unexpected problems inevitably arise with complex software and communication systems. These difficulties and delays may be caused by eNom, the registry, or a third party. Whether or not these difficulties and delays are caused by eNom, you agree that you will not hold eNom responsible or accountable in any way. Even when the technical systems operate flawlessly, registering domains under these circumstances is largely a matter of luck. You agree that you will not hold eNom responsible for any failed attempt to obtain a domain name and that all fees charged in relation to the Club Drop Service are non-refundable, regardless of the circumstance and regardless of the outcome for you.
   
    
4. LIMITATION ON ENOM'S LIABILITY: YOU AGREE THAT ENOM WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF A DOMAIN NAME REGISTERED IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES MAINTAINED BY ENOM; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND ENOM'S CONTROL; (8) THE PROCESSING OF A DOMAIN NAME REGISTRATION APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. ENOM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ENOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENOM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME IN QUESTION, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
   
    
5. Order of Attempts: You agree that eNom will have the sole discretion to determine the order in which eNom will attempt to acquire Expired Domains (of particular relevance when more than one Expired Domain have the same Release Date).
   
    
6. No Exclusivity: You agree that eNom is not providing the Club Drop Service exclusively to you. Multiple subscribers to the Club Drop Service may include the same Expired Domains in their Drop list.
   
    
7. Fees: If eNom obtains a domain name due to your participation in the Club Drop Service, you will be charged (at your reseller rate) for the domain name registration, plus 2 eNom Points (the minimum Bid amount), plus the additional Bid amount, if any, submitted by you in conjunction with the domain name. By creating a Drop list, you consent to be charged these fees.
   
    
8. Termination: eNom may terminate or discontinue the Club Drop Service at any time and for any reason, either generally with respect to all subscribers or with respect to specific subscribers. If you paid to participate in Club Drop and if the Club Drop Service is terminated by eNom prior to the end of your subscription period, then the fees, if any, paid by you to participate in the Club Drop service will only be refunded if the termination was not for cause and if eNom made no attempt(s) to acquire a single Expired Domain for you during the then current term of your subscription period. You agree that your failure to abide by the terms of any other agreement between you and eNom shall give eNom cause to terminate your participation in the Club Drop Service.
   
    
9. Governing Law and Venue: This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Any action to enforce this Agreement or any matter relating to your use of the eNom website or services provided to you by eNom or subsidiaries of eNom shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County, Washington state. You consent to the exclusive personal and subject matter jurisdiction of such courts and agree that exclusive venue therein is proper.