Catch & Release Terms & Conditions
Catch and Release (“C&R”) is a service offered by Pool.com Inc
(“Pool.com”) that allows you to evaluate a publicly available domain name for a
period up to four and a half days from the date Pool.com acquires the domain
name on your behalf. During the evaluation period, you have the option to
either (i) retain the registration of the acquired domain name or (ii) allow
the domain name to delete, in which case it will be returned to the registry
making it publicly available. If you elect not to complete the registration
process of the domain name, Pool.com will refund you any C&R fees that you
have paid, less any other Registry fees, and administration charges as set out
in this Agreement. By using Pool.com’s C&R services, you agree to be bound
by:
(i) Pool.com’s General Terms and Conditions, which can be located at
www.pool.com/terms.aspx;
(ii) the terms and conditions of this Agreement;
(iii) the terms and conditions set by the registrar Rebel.com Corp.; and,
(iv) ICANN’s Uniform Domain Name Dispute Resolution Policy.
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(a) Creating an account: You must create an account with
Pool.com. If you already have an account with Pool.com, you may begin using our
C&R service by clicking on the C&R link at Pool.com’s main page.
(b) Deposit Amount: You must deposit a minimum of US $250 (the
“Deposit”) to use the C&R service and you must maintain a
positive balance in your account should you wish for C&R account to remain
active. Any funds deposited into the C&R account will be for the sole
purpose of the C&R service. The deposited funds cannot be used for any of
Pool.com’s others services such as .EU domain orders, auctions, backorder of
domains or any other services offered by Pool.com.
(c) Sufficient Funds: You must maintain funds in your account
at a level sufficient to acquire a domain name(s) on your behalf, while
maintaining the account’s Deposit Amount (“Sufficient Funds”). Pool.com will
not attempt to acquire domain names when your account does not contain the
Sufficient Funds.
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(a) Pool.com will charge you a fee per domain when it attempts
to acquire a domain name on your behalf. This fee will be comprised of:
i. our Registrar Partner’s (currently Rebel.com) fee for the relevant TLD, and
ii. the ICANN fee for the relevant TLD; and
iii. the “C&R Administration Fee”, defined below; and,
iv. any other fees charged by the Registry
((i) and (ii) are together referred to as the “C&R Administration Fee”).
The C&R Registration Fee includes the cost of registration for one-year
with our Registrar Partner. If there are not Sufficient Funds in your account,
Pool.com will not attempt to acquire the domain name on your behalf until you
maintain Sufficient Funds in your account.
(b) In the event that Pool.com has acquired a domain name for
you for which you elect not to complete the registration process or for which
you do not explicitly confirm your intention to complete the registration
process, Pool.com will credit your account the C&R Registration Fee. The
C&R Administration Fee is US :
| US $0.10 |
per domain name should the aggregate of your deposits into your C&R Account
during the immediately preceding 12 months be US $50,000 and over; |
| US $0.15 |
per domain name should the aggregate of your deposits into your C&R Account
during the immediately preceding 12 months be between US $10,000 and $49,999; |
| US $0.20 |
per domain name should the aggregate of your deposits into your C&R Account
during the immediately preceding 12 months be between US $250.00 and $9,999. |
(c) If you choose to cancel your account with Pool.com, a
cancellation fee of US $10.00 will be debited from your account and the
outstanding balance, if any, will be credited to your credit card on file.
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Pool.com provides you with a feature called the C&R Queue. The C&R Queue
is a management tool that allows you to add, delete, modify or update the
domain names you would like to potentially evaluate. Any domain name that
Pool.com was unable to acquire due to a lack of Sufficient Funds will be added
to your C&R Queue. When there are Sufficient Funds in your account,
Pool.com will automatically attempt to acquire the domain names in the order
you have assigned, provided that the domain name is publicly available for
registration.
You may assign each domain name a priority in your C&R Queue. If you have
not assigned a priority level to a domain name, Pool.com will attempt to
acquire the domain name in the sequence you ordered the domain name
(“first-order first-acquisition”). When there is a combination of assigned
levels of priority and domain names which do not have a priority level
assigned, Pool.com will first attempt to acquire the domain names that you have
assigned a priority level and then apply the first-order first acquisition
rule.
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Pool.com will attempt to acquire a domain name on your behalf when (1) the
domain name is publicly available for registration and (2) Sufficient Funds
exist in your account. If both of the criteria are satisfied, Pool.com will
attempt to acquire the domain name on your behalf at which time the domain name
will be part of the Evaluation Process (described below). This process will
continue for each domain name on your C&R Queue until either all the domain
names on your C&R Queue are acquired or one of the two conditions described
above has not been met.
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Upon acquisition of a domain name from your C&R Queue, you will have four
and a half days (being 108 hours) from the time Pool.com acquires the
domain name (“Evaluation Period”) to confirm that you wish to complete the
registration process of the domain name. It is your responsibility to log on to
your account from time to time to verify the status of a domain name. The start
of the Evaluation Period commences at the time Pool.com acquires the domain
name.
If you intend to complete the registration process of the domain name you must
inform Pool.com before the Evaluation Period comes to an end. If Pool.com is
notified that you intend to complete the registration process of the domain
prior to the end of the Evaluation Period, and your account contains Sufficient
Funds, Pool.com will complete the registration process of the domain name
for a period of one year on your behalf with one of our Registrar Partners. If
you do not inform Pool.com before the Evaluation Period ends, Pool.com will not
complete the registration process of the domain name on your behalf, in which
case it will be publicly available. You may also inform Pool.com that you do
not intend to complete the registration process of the domain name before the
Evaluation Period comes to an end. For any domain name that you do not complete
the registration process, your account will be credited the C&R
Registration Fee in accordance with the terms of this Agreement.
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A Successful Registration occurs when, before the Evaluation Period comes to an
end, you expressly consent to keep the domain name that Pool.com has acquired
for you on your behalf .
Upon a Successful Registration of a domain name, the WHOIS information will be
updated to reflect the information you provided to Pool.com. You will be bound
by the terms and conditions of our Partner Registrar, Rebel.com Corp., which
can be found at www.rebel.com/termsandconditions.aspx,
as well as ICANN’s UDRP. It is your responsibility to read the terms and
conditions of our Partner Registrar before you use our C&R Service.
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At no time does Pool.com guarantee that it will acquire and/or complete the
registration process of a domain name that you have requested or one that is
part of your C&R Queue. Pool.com does not guarantee that you will be
notified by email or other form of communication when Pool.com has acquired a
domain name that you have requested or that is part of your C&R Queue.
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Pool.com may at its discretion terminate your C&R service for any reason
including but not limited to inactivity of your account, insufficient funds,
non-payment of fees, abuse of the system, breach of any of the provisions of
Pool.com’s terms and conditions, fraudulent activities or for any other reason
Pool.com deems appropriate.
You may cancel your C&R service with Pool.com at any time. Pool.com will
credit your credit card with any outstanding balance remaining in your account
less any Cancellation Fee.
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Last Modified: November 15, 2006