The general Terms and Conditions of NICIT IT-Solutions GmbH apply, unless stated otherwise in articles II and III of the additional terms and conditions (see below) applicable for the auction.

All documents, conditions of use and Websites concerning auctions are in English and by their sole participation all users whose native language is other than English automatically indicate that they have read and understood the meaning and stated conditions of all texts.

The currency underlying all NICIT DOMAINfest Live and Silent Auctions is Euro.

NICIT is allowed to make public all sales results (Domain and purchase price) and also all auction’s histories.

Amsterdam, May 17th 2007, Hilton Amsterdam Hotel

Besides these terms and conditions, participants must also agree to the terms of the live auctioneer, which are released and overseen by the live auctioneer at the auction.

NICIT provides an online form by which domain owners can submit an initial bid ( minimum bid) for the Live Auction. By posting domain names, domain owners automatically confirm the correctness of all specifications regarding their domain. This particularly applies to the fact that they are proper owners of that domain and that the domains are offered at the stated initial bid (minimum bid), as long as there is a valid bidder willing to pay who has at least met the initial bid ( minimum bid). None of the domains submitted by the owners are guaranteed to be offered at the Live Auction at DOMAINfest. NICIT reserves the right to exclude any domain at any time from being presented at the Live Auction, even if they have previously been accepted. The ultimate selection of domains is solely carried out by NICIT. Deciding factors for the selection of a domain are generally quality and the potential value of the domain compared to its initial bid ( minimum bid). After a domain has been selected by NICIT to be offered in the Live Auction, the domain owner must complete and submit the necessary documents and agreements to NICIT via Fax or Mail by the stated deadline to participate in the Live Auction.
Among other things these documents serve as confirmation that the domains can be offered in the Live Auction, that all information given is correct, and that the terms are agreed on. On the NICIT/DOMAINfest Auction website and in the agreement, domain owners state the initial bid as a minimum bid for each domain. The minimum bid is the same as the initial bid at the Live Auction. If the offering does not exceed the initial bid (minimum bid) the domain owner has to sell at the minimum bid. If higher bids are made, the highest bid will win. Minimum bids can not be altered (increased) retroactively. The minimum bid price or the reached sales price must be inclusive sales tax if applicable. If the seller can´t take sales tax because he is a private person or he is a company but sales tax isn´t applicable because of any reason, the seller gets full highest bid as net sales price. There are no hidden reserves on the DOMAINfest auctions. In the member’s area, NICIT provides an agreement by which binding bids for pre-selected Live Auction Domains can be placed in advance. The form will be accepted at NICIT Germany via fax or mail no later than May 14, 2007 (GMT +2). After that, NICIT is not required to introduce the prequote written bids into the auction and can reject any bid that is questionable or not backed by documentation! If the bidding forms are executed accordingly, NICIT will consider them in the auction, and written bids can be submitted to designated staff members at DOMAINfest up to two hours prior to the Live Auction for an administrative fee of 99 Euros. (Fee is just paid if bid is considered). To have a chance for consideration, these written documents must have at least one copy signed by the bidder/subscriber legibly attached to it as well as further documents about the bidder’s company/address verifying the authenticity of the bid. NICIT may demand further documents. The written bid expresses the maximum bid that the bidder is willing to pay , which means that NICIT or the auctioneer places a minimum bid first and increases the bid only in the event that other bidders place their bids and only as much as needed as to minimally exceed other bids up to the maximum amount expressed by the bidder/subscriber as the maximum bid in the written form. The auction will be conducted by a professional live auctioneer on behalf of NICIT. For the live auction these terms and conditions as well as the terms of the live auctioneer hold, which are either verbally announced or released as written document prior and during the auction. Everybody participating in the auction must acknowledge the rules of the auctioneer. The Winner of each Live Domain Auction will be identified by the auctioneer and then disclosed to NICIT. After the auction, each buyer (auction winner) agrees to sign a written contract of purchase with NICIT or to deliver an additional written confirmation of the bid and submit a copy of his identitification card as well as his address and company information. Regardless of this additional contract of purchase, the purchase is bindingly concluded by having placed the highest bid. The buyer is obliged to transfer the purchase price (the full highest bid in the auction) without deductions as fast as possible to the escrow account of NICIT IT-Solutions GmbH, Freiburg/Germany. The buyer has to pay this amount to NICIT only and not to any other account or to any other escrow or directly to the bidder. Only when the full amount has been irrevocably and verifiably transferred to the NICIT bank account can the purchase price can be considered paid. In the event that the purchase price has not been transferred within 14 days after the end of the auction, the buyer (auction winner) will be charged 50 Euro for each day that payment is overdue. The seller can only transfer the domain to the buyer (auction winner) after NICIT has confirmed and notified the seller that the full amount has been transferred. As soon as NICIT has confirmed receipt of payment, the seller has to transfer the domain to the buyer, indicated by NICIT. If the seller thinks that the transaction could be safer and easier via NICIT, the domain can be temporarily transferred to NICIT if agreed on by seller, buyer and NICIT. The seller receives the purchase price with a deduction of the NICIT commission of 15% (plus sales tax if applicable ) on the purchase price (the full highest bid in the auction) only after the successful transfer of the domain to the buyer. All parties agree on the swift cooperation concerning everything necessary to settle the transaction. See also NICIT General Terms and Conditions of Trade. Bearer: NICIT IT-Solutions GmbH ( Freiburg Germany )
Bank: Hypovereinsbank Freiburg
Account Number: 321300022
Bank Code: 68020186
IBAN: DE69680201860321300022
SWIFT/BIC: HYVEDEMM357

The seller must submit proper bank transfer information to NICIT no later than after the materialization of a domain purchase to facilitate a swift international transaction. All domains accepted to the Live or Silent Auction by NICIT automatically assume exclusivity from the day of acceptance by NICIT onwards until May, 31. 2007. That implies that the accepted domains can until May 31, 2007only be sold via NICIT. For the time pending, owners can not sell their domains themselves nor via other sellers but solely to bidders/buyers submitted by NICIT. This implies furthermore that domains already accepted by NICIT can not be removed or revoked by the owner, unless the offered domain was defective on the outset or NICIT decides to remove it. All specifications concerning a domain are to be supplied to the best of the seller’s knowledge. Potential bidders may not be deceived. The posting on the Website concludes that all information given is correct. Live Auction domains generally require that the fax form (acknowledgement) and the sellers contract supplied by NICIT is correctly filled out and signed. Domain names accepted to the Live Auction which are not sold will be automatically offered after the Live Auction in the Silent Online Auction at the same initial/minimum bid. If the owner wants to change the minimum bid, this has to be proposed to NICIT in a written form. NICIT reserves the right to accept or reject the proposal. The NICIT commission for any successfully sold domain is 15% plus sales tax on the achieved purchase price (the full highest bid in the auction) . This applies to NICIT/DOMAINfest Silent Online Auctions and DOMAINfest Live Auctions. The assessment base for the NICIT commission is the highest valid bid (contract of purchase). Any by the seller into the purchase price included sales tax will not affect the NICIT commission, as the assessment base for the NICIT commission will always be the highest bid (contract of purchase). Only the seller will be charged the NICIT commission. In case of unjustly paying to any account other than the NICIT escrow account, the debt of the entire NICIT commission is transferred to the buyer. The buyer (bidder) will furthermore be sued by the seller and NICIT for damages and breach of contract. The highest valid bid always holds as sales price. If the seller has to bill the buyer as a company, the invoice is to be submitted to the buyer, not to NICIT. NICIT, however, handles the payment on a trust basis. If the seller, due to legal obligations, has to add a sales tax it has to be already included in the highest bid and not additionally charged. If no sales tax is incurred the total highest bid holds as purchase price ( buyer has to pay highest bid in any case) and the NICIT commission is also determined by the highest bid.



If not stated elsewhere, the same terms and conditions of trade hold as for the NICIT domain exchange. To make the sequences of auctions and biddings possible, the terms and conditions stated here must be followed at all times.

NICIT provides an online form through which domain owners can place their domains at an initial bid ( minimum bid) in advance. By posting domain names, the domain owners automatically affirm the correctness of the provided information about the domain. This particularly applies to the fact that they are the proper owner of the domain and that they will sell the domain for the indicated price if a legal bidder, who is willing to pay, meets at least the minimum bid/initial bid. None of the domain names are guaranteed to be included in the DOMAINfest Silent Online Auction. NICIT reserves the right to exclude any domain name already accepted at any time from the Silent Online Auction. The ultimate selection of domains is solely carried out by NICIT. On the NICIT/DOMAINfest Auction website and in the agreement, domain owners state the initial bid as a minimum bid for each domain. The minimum bid is the same as the initial bid at the Silent Online auction. If the offering does not exceed the initial bid (minimum bid) the domain owner has to sell at the minimum bid. If higher bids are made, the highest bid will win. Minimum bids can not be altered (increased) retroactively. The minimum bid price or the reached sales price must be inclusive sales tax if applicable. If the seller can´t take sales tax because he is a private person or he is a company but sales tax isn´t applicable because of any reason, the seller gets full highest bid as net sales price. There are no hidden reserves on the DOMAINfest auctions. Times for the NICIT/DOMAINfest Auctions have been, or will be, set in advance by NICIT. Silent Auctions will likely to run from May 16, 2007 and will end between May 23, 2007 and May 26, 2007 at the latest. The buyer is obliged to transfer the purchase price (the full highest bid in the auction) without deductions as fast as possible to the escrow account of NICIT IT-Solutions GmbH, Freiburg/Germany. The buyer has to pay this amount to NICIT only and not to any other account or to any other escrow or directly to the bidder. Only when the full amount has been irrevocably and verifiably transferred to the NICIT bank account can the purchase price can be considered paid. In the event that the purchase price has not been transferred within 14 days after the end of the auction, the buyer (auction winner) will be charged 50 Euro for each day that payment is overdue. The seller can only transfer the domain to the buyer (auction winner) after NICIT has confirmed and notified the seller that the full amount has been transferred. As soon as NICIT has confirmed receipt of payment, the seller has to transfer the domain to the buyer, indicated by NICIT. If the seller thinks that the transaction could be safer and easier via NICIT, the domain can be temporarily transferred to NICIT if agreed on by seller, buyer and NICIT. The seller receives the purchase price with a deduction of the NICIT commission of 15% (plus sales tax if applicable ) on the purchase price (the full highest bid in the auction) only after the successful transfer of the domain to the buyer. All parties agree on the swift cooperation concerning everything necessary to settle the transaction. See also NICIT General Terms and Conditions of Trade. All purchase prices are transferable to:
Bearer: NICIT IT-Solutions GmbH ( Freiburg Germany )
Bank: Hypovereinsbank Freiburg
Account Number: 321300022
Bank Code: 68020186
IBAN: DE69680201860321300022
SWIFT/BIC: HYVEDEMM357

The seller must submit proper bank transfer information to NICIT no later than after the materialization of a domain purchase to facilitate a swift international transaction. All domains accepted to the Live or Silent Auction by NICIT automatically assume exclusivity from the day of acceptance by NICIT onwards until May 31, 2007. This implies that the accepted domains can, until May 31, 2007, only be sold via NICIT. For the time pending, owners can not sell their domains themselves nor via other sellers but solely to bidders submitted by NICIT. This implies furthermore that domains already accepted by NICIT can not be removed or revoked by the owner, unless the offered domain was defective from the outset or NICIT decides to remove it. All specifications concerning a domain are to be supplied to the best of the seller’s knowledge. Potential bidders may not be deceived. The posting on the Website concludes that all information given is correct. The NICIT commission for any successfully sold domain is 15% plus sales tax on the achieved purchase price (the full highest bid in the auction) . This applies to NICIT/DOMAINfest Silent Online Auctions and DOMAINfest Live Auctions. The assessment base for the NICIT commission is the highest valid bid (contract of purchase). Any by the seller into the purchase price included sales tax will not affect the NICIT commission, as the assessment base for the NICIT commission will always be the highest bid (contract of purchase). Only the seller will be charged the NICIT commission. In case of unjustly paying to any account other than the NICIT escrow account, the debt of the entire NICIT commission is transferred to the buyer. The buyer (bidder) will furthermore be sued by the seller and NICIT for damages and breach of contract. The highest valid bid always holds as sales price. If the seller has to bill the buyer as a company, the invoice is to be submitted to the buyer, not to NICIT. NICIT, however, handles the payment on a trust basis. If the seller, due to legal obligations, has to add a sales tax it has to be already included in the highest bid and not additionally charged. If no sales tax is incurred the total highest bid holds as purchase price ( buyer has to pay highest bid in any case) and the NICIT commission is also determined by the highest bid. Only domain names or packages of domain names (i.e. several domain names in one auction) at a combined starting price are to be proffered in NICIT auctions. Auctions provided by users and cleared by NICIT may be cancelled or suspended by NICIT at any time under the suspicion of a violation of the law. The same domain/domains can not be proffered in simultaneous NICIT auctions. However, a simultaneous offering is possible if the domain is placed in the exchange as well as in the auction and as long as incoming bids are decided on by the offerer in the auction only. NICIT is not liable for system breakdowns or programming bugs of the internet sites. This particularly applies to auctions that yield unusual contracts or immaterialized sales due to system breakdown or programming bugs of the internet sites. Such auction can be reinstated or prolonged by NICIT. Abusing several user accounts especially with regard to biddings within online auctions is prohibited. This includes bidding on your own auctions. On this note, employing a third person’s account or help for the aforementioned purpose is prohibited as well. The offerer has to specify the domain in correct notation. Possible temporary transfer bans are to be declared. The domain’s description must be clear and explicit. The declaration must exclusively apply to the domain/domains proffered. The description is not to contain any further links which merely serve the purpose of advertising other products of websites. Furthermore, employed description, pictures/graphics, and links must not mislead others or infringe the freedom or rights of others. Excluded are domains, links, and texts that refer to morally objectionable contents. By opening an auction and placing one or several domains in the NICIT website a user (i.e. offerer) submits a binding offer over the conclusion of contract of the domain/domains in question. The offerer allots a period during which the offer can be accepted by a bid equaling or exceeding the starting price (c.f. duration, in this case the duration for Domainfest online auctions will be determined by NICIT) of a NICIT auction. The offer goes to the bidder who, during the duration of the NICIT auction, delivered the highest bid. The bidder accepts the offer by delivering a bid. The bid expires as soon as another bidder delivers a higher bid during the duration of the NICIT auction. By reaching the end of the period allotted by the offerer, the purchase contract for the domain/domains placed in the NICIT website auction takes effect between the offerer and the bidder of the highest bid. NICIT can extend the auction period to cover the time lost in the event of interruptions to ongoing auctions caused by hacker attacks, server breakdown, programming bugs, or any other technical failings that may prevent bidding during the auction. NICIT will determine and assign this additional time. This also applies in the event that a technical failure (during the auction) is identified only after the end of the auction. In this case, the declared buyer does not receive the award of the domain/domains because the auction’s procedure was determined defective from the outset. The technical circumstances of such a situation must be clear without ambiguity. If it is not possible to prove or detect a failure in the auction’s procedure which could have foreclosed in-auction bidding, the buyer’s award remains valid. NICIT, Freiburg Germany

NICIT IT-Solutions GmbH, Käthe-Kollwitzstr. 2, D 79111 Freiburg, Germany

Tel. +49-(0)761-15 13 936, Fax +49-(0)761-15 13 937

, http://www.nicit.com