Escrow Transaction Service Agreement

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Dear user, hello! Thank you for choosing this Platform (hereinafter referred to as “this Platform”) escrow transaction platform (hereinafter referred to as 365担保交易 or 365交易) for online escrow transaction services for domain names or websites! In order to better provide services to users of this Platform and to regulate the conduct of users of this Platform, you should read and comply with the “365担保交易 Service Agreement” (hereinafter referred to as “this Agreement”).

 

Before accepting this Agreement, please be sure to carefully read and fully understand all contents. If you do not agree with any content of this Agreement, or cannot accurately understand this Platform’s interpretation of the terms, please do not agree to this Agreement or use the services under this Agreement; otherwise, it indicates that you have accepted the terms and conditions described below and agree to be bound by this Agreement. At that time, you shall not claim that this Agreement is invalid or request rescission of this Agreement on the grounds that you have not read the contents of this Agreement or have not obtained answers from this Platform to your inquiries.

 

 

 

Article 1 Explanation of Items and Terms

 

1.1 “this Platform” refers to the company that provides users with technical support, operation and maintenance support, reconciliation services, and settlement services for the 365担保交易 service system.

 

1.2 “User” refers to member users of this Platform who conduct domain name or website transactions through the 365担保交易 system provided by this Platform, including individuals (including natural persons, sole proprietorships, individual partnerships, and individual industrial and commercial households, etc.) and entities (companies, enterprises, partnerships, public institutions, and other organizations, etc.).

 

1.3 “Seller” refers to the user party that sells or transfers a domain name or website, and is referred to as the seller.

 

1.4 “Buyer” refers to the user party that purchases or receives by transfer a domain name or website, and is referred to as the buyer.

 

 

 

Article 2: Rules of the 365担保交易 Platform

 

2.1 General Provisions

 

 The 365担保交易 Platform (hereinafter referred to as “365交易”) adheres to “fairness, justice, objectivity, neutrality, and security” as its cornerstone, with its core philosophy rooted in the spirit of contract. Under the premise of complying with national laws and regulations, all escrow transactions on the Platform strictly use the prior agreement between the buyer and seller as the criterion for determination. We implement the fair principle of “whoever asserts must provide evidence, and whoever breaches the contract bears the responsibility,” ensuring clear rights and responsibilities and transaction security during the transaction process. At the same time, the goods/services traded on this Platform do not support seven-day no-reason return or exchange; we strive to remain neutral and provide a fair and transparent transaction environment for both buyers and sellers.

 

2.2 Basic Principles for Dispute Resolution on the 365担保交易 Platform

 

2.2.1  The 365担保交易 Platform upholds the spirit of contract and always takes the prior agreement between the transaction parties as the core basis. In the dispute arbitration process, we strictly follow the basic principle of “whoever breaches the contract bears the responsibility,” ensuring clear responsibility and fair rulings, and providing safe and reliable transaction protection for both buyers and sellers.

 

2.2.2  Dispute arbitration process of the 365担保交易 Platform: If a dispute arises during the transaction, the buyer and seller should first attempt to negotiate by themselves and seek an amicable settlement. If negotiation fails, both parties have the right to request the 365担保交易 Platform to intervene in arbitration, or choose to resolve the dispute through judicial channels such as legal proceedings. If the buyer and seller wish the customer service of the 365担保交易 Platform to intervene and assist in handling the dispute, we will, based on the content jointly agreed in advance by the buyer and seller and the basic principles for dispute handling, fairly and objectively handle the attribution of the disputed transaction amount or funds between the transaction parties. We are committed to safeguarding the rights and interests of both transaction parties and ensuring that the dispute is properly resolved. If either the buyer or seller is dissatisfied with the ruling of the 365担保交易 Platform, they may apply to judicial channels on their own for resolution.

 

Special reminder: Please be aware of the following possible risk situations:

 

[Transaction Dispute Risk] You acknowledge and understand that transaction disputes and risks involving virtual items are higher than those involving physical items/services. You need to communicate and agree with the seller in detail and objectively on transaction details and comply with the corresponding agreed matters. If a transaction dispute arises due to unclear transaction agreements, unless otherwise expressly provided by law, you shall bear the risk yourself. In addition, you acknowledge and understand that offline face-to-face transactions carry relatively high risks to personal and property safety and transaction disputes. If disputes and risks arise from offline face-to-face transactions, unless otherwise expressly provided by law, you shall bear them yourself.

 

[Mediation Decision] You understand and agree that in the dispute mediation service, the customer service or partners of the 365担保交易 Platform are not professional institutions or professionals, and can only judge the evidence submitted by users based on ordinary people's cognition. Therefore, this Platform does not guarantee that the dispute handling result will meet your expectations. Except for intentional misconduct or gross negligence, the mediating party is exempt from liability for the dispute mediation decision.

 

[Responsible Subject] The signing of this Agreement does not mean that the 365担保交易 Platform assumes any express or implied warranty or other liability for your registered identity, qualifications, performance capability, service or other conduct, or the authenticity, accuracy, legality, or validity of the information you upload, publish, or submit yourself, nor does it mean that the 365担保交易 Platform becomes a participant in transactions between you and other users of the 365担保交易 Platform. Unless otherwise expressly provided by law, the 365担保交易 Platform has no obligation to participate in any dispute handling or other activities related to transactions. For any complaints, disputes, controversies, compensation, etc. caused by your conduct, you shall independently bear all legal liabilities in your own name, unless otherwise provided by law.

 

   The 365担保交易 Platform solemnly promises that it can comprehensively guarantee the security of transaction funds held in escrow by all users on the Platform. However, please note that transactions conducted privately without escrow through the 365平台 will not be included in our transaction protection scope. Please choose your transaction method carefully to ensure the security of your funds.

 

 

 

Article 3 Conclusion, Effectiveness, and Scope of Application of the Agreement

 

3.1 When a user confirms this Agreement through this Platform or confirms this Agreement in other ways, it indicates that the user and this Platform have reached a consensus on this Agreement and agree to accept all the agreed contents of this Agreement.

 

3.2 This Agreement takes effect immediately when the user clicks to confirm. If the user does not click to confirm this Agreement but has in fact used or performed the contents under this Agreement, this Agreement shall take effect when the user's factual act first occurs.

 

3.3 This Agreement includes the main text of this Agreement and all various rules, specifications, notices, and announcements regarding 365交易 services that have been published by this Platform or may be published in the future (hereinafter collectively referred to as “Rules”). All agreements are an inseparable part of this Agreement and have the same legal effect as the main text of this Agreement.

 

 

 

Article 4 Service Content and Transaction Process

 

4.1 The buyer and seller have reached a consensus on the transaction amount, etc. for a certain domain name or website or a certain batch of domain names or websites;

 

4.2 The buyer pays the full amount to the “365担保交易” Platform for fund escrow;

 

4.3 After the “365担保交易” Platform confirms receipt of the payment, it assists the buyer in notifying the seller to transfer the domain name (or other transferred item, such as a website) to the account designated by the buyer, and the buyer confirms completion of the transaction.

 

4.4 After the buyer confirms completion of the transaction, the “365担保交易” Platform pays the funds to the seller (transaction ends).

 

4.5 Taxes payable arising from the seller's transaction conduct shall be borne by the seller in accordance with law.

 

Special reminder: Before purchasing, be sure to reconfirm the various attributes and prices of the target to be purchased; in addition, third-party data analyzed by this Platform is for reference only. Be sure to make your own judgment before purchasing. Once purchased, it is impossible and prohibited to breach the contract.

 

4.6 The buyer understands and agrees that completion of payment does not mean the transaction is successful. If domain name purchase fails due to technical failure or operation, the system will refund the buyer.

 

4.7 Regarding modification and transfer of domain name information

 

4.7.1 The seller understands and agrees that publishing a domain name on the 365交易 Platform shall be deemed as the seller authorizing the buyer who purchases the domain name to modify the domain name information on the seller's behalf after the transaction is completed.

 

4.7.2 The buyer understands and agrees that after the domain name transaction is completed, the buyer shall promptly complete operations related to modification of domain name information to ensure the authenticity and accuracy of the domain name registration information.

 

4.7.3 The buyer understands and agrees that not all purchased domain names can be transferred out immediately; for some domain names, the registrar may restrict registration, or they may only be transferred out 60 days after winning a backorder.

 

 

 

Article 5 Fees and Payment

 

5.1 The buyer and seller agree that the 365担保交易 Platform charges a 5% escrow transaction service fee based on the price agreed upon by the buyer and seller;

 

5.2 Once the domain name purchase transaction is completed, the domain name cannot be returned to the seller, and the transaction funds cannot be refunded to the buyer.

 

5.3 The seller understands and agrees that if you apply for reconciliation or settlement of funds obtained from the sale of a domain name, in order to ensure the security of relevant funds, the service provider of this Platform will review the authenticity and security of the transaction according to system rules. During the review, your normal consumption on this Platform will not be affected, including normal operations such as domain name registration, domain name backorder, and domain name renewal. If this Platform and its service providers discover risks during the security review of your settlement funds, they have the right to require you to provide or issue relevant supporting documents to ensure the authenticity and legality and compliance of the transaction and funds; if you cannot provide or issue them, this Platform and its service providers have the right to freeze your settlement funds without bearing liability to you.

 

5.4 This Platform has the right to adjust the above fee standards based on business needs, market changes, and other reasons, and to publish them on relevant pages of this Platform. If a user has objections to the fee standards, reconciliation, or settlement matters, the user shall promptly notify this Platform in writing and stop using the 365交易 Platform provided by this Platform for domain name or website transaction services; otherwise, it shall be deemed that the user recognizes the fee collection and other contents provided or adjusted by this Platform.

 

 

 

Article 6 Rights and Obligations of Users

 

6.1 The user understands and guarantees:

 

6.1.1 The user understands and guarantees that, before using this service to publish or purchase a domain name or website, the user has fully read and understood all contents of these service terms and the 365交易 procedure rules published by this Platform on the website homepage or other pages; and the user shall comply with all rules regarding online transactions on the 365交易 Platform that have been published by this Platform and are effective. The user may not use failure to read carefully or misunderstanding as a reason for not complying with the rules or for breach of contract.

 

6.1.2 This Platform is not responsible for conducting any review or warranty regarding the status of the domain name or website published by the seller and whether there are defects (including but not limited to whether rights are complete, whether disputes exist, whether infringement exists, etc.), and does not bear any responsibility for the consequences of the user's purchase of the domain name.

 

6.1.3 The user is responsible for the authenticity and accuracy of the information filled in when publishing a domain name or website, and shall bear corresponding responsibilities and consequences for errors in such information caused by intent or negligence.

 

6.1.4 The descriptions of domain names in the domain name or website sale information displayed by this Platform are for reference only and shall not serve as the basis for evaluation in actual domain name transactions.

 

6.1.5 The user should be aware that under no circumstances should the user readily trust online information involving borrowing money, requesting passwords, or other property-related matters; for property-related operations, please be sure to verify the other party's identity first.

 

6.1.6 The user understands and agrees that if, during transactions on the 365交易 Platform, the user engages in fraud, infringes upon the lawful rights and interests of others, or violates this service agreement or the rules regarding 365交易 published by this Platform on other pages and in effect, or engages in conduct expressly prohibited by laws and regulations, this Platform has the right to terminate this service and carry out operations such as delisting, locking, restricting modification and transfer-out of domain name information, and determining that the domain name transaction is invalid with respect to the published domain name.

 

6.1.7 This Platform will not review the user's intention in publishing or purchasing a domain name or website, and the user's publishing or purchasing of a domain name or website on this Platform should not put this Platform into any disadvantage or dispute. If the user's publishing or purchasing of a domain name or website causes any loss to this Platform, the user shall bear it, and the user shall compensate this Platform for all losses caused thereby.

 

6.1.8 The user understands and guarantees that all operations performed on this Platform are lawful and compliant, and the user shall not use this Platform to engage in any illegal or non-compliant activities. The user promises not to deposit funds related to fraud into this Platform.

 

6.2 The seller understands and guarantees:

 

6.2.1 With respect to the published domain name or website, the seller shall lawfully own the ownership of the domain name or website or have obtained the consent of the owner of the domain name or website, and shall not infringe upon the legitimate rights and interests of the owner of the domain name or website. The seller himself/herself and all persons who have the right to use his/her account, as long as they pass the management password and the security verification set by the user through this Platform, shall be deemed to be the user's own operations on the account.

 

6.2.2 With respect to the published domain name or website, the domain name or website does not have unclear ownership, unidentified source, restricted use, or other circumstances, and is not related to any ongoing resolution of domain name or website infringement or dispute.

 

6.2.3 The seller's account does not have arrears, account theft disputes, or other circumstances; otherwise, this Platform has the right to reject the seller's publishing application.

 

6.2.4 The filled-in domain name or website transfer information shall be true, valid, accurate, and complete, and shall not contain misleading or false statements. If there is misunderstanding, false statement, and a user reports it, this Platform has the right to delist the domain name or website published by the seller and impose penalties on the seller. If any relevant transfer information of the domain name or website changes, the seller shall promptly perform the corresponding update operations.

 

6.2.5 The seller shall not use this service to publish any harmful information prohibited by laws and regulations, and shall not use others' information without permission or authorization.

 

6.2.6 If, due to technical failure, policy restrictions, lack of authority to trade, or other reasons, the buyer has paid but the domain name cannot be transferred to the member account designated by the buyer, the seller shall cooperate as required by this Platform to complete the actual transfer between domain name accounts or refund the received funds to the buyer. If the seller does not cooperate, this Platform has the right to carry out operations such as restricting, freezing, and locking the seller's business, balance, and domain names under the seller's account on this Platform until the matter is resolved through legal channels.

 

6.3 The buyer understands and guarantees:

 

6.3.1 Before purchasing a domain name or website, the buyer shall independently inquire into and review the current status of the domain name or website, the domain name or website introduction filled in by the seller, and the seller's store announcement, and shall independently judge the risks and bear the corresponding consequences.

 

6.3.2 The buyer must pay the domain name or website purchase fee according to the price displayed on this Platform.

 

6.3.3 The funds used by the buyer to pay the 365交易 Platform shall be lawfully obtained, and the buyer shall independently bear corresponding responsibility for illegal transaction acts caused by improper sources of funds, etc. Unless otherwise expressly provided by law, this Platform does not bear responsibility for this.

 

6.3.4 The buyer should understand that whether a domain name is successfully purchased is affected by factors such as prior purchase by other buyers, technical failures, national laws, government actions, or the rules and actions of domain name registration service or management institutions, force majeure, and other factors. This Platform makes no express or implied warranty as to whether the domain name is successfully purchased and bears no responsibility.

 

6.3.5 During the process of purchasing a domain name or website, the buyer shall provide its identity certification documents and other materials as required by this Platform to complete the purchase of the domain name or website. At the same time, the user shall also truthfully inform this Platform of all information deemed necessary by this Platform. All legal liabilities and economic losses caused by the provision of false information shall be borne by the buyer itself.

 

6.3.6 The buyer's payment for purchasing a domain name or website transaction is successful (subject to the actual transfer of possession of the domain name or website; after it is transferred to the account designated by the buyer, if the buyer's purchased domain name transfer fails because the materials submitted by the buyer do not meet the requirements of the registration management institution, this Platform does not bear any responsibility.

 

6.3.7 The buyer understands and agrees that after becoming the new registrant (holder) of the domain name, the buyer shall comply with the corresponding domain name registration service terms. Any disputes or losses arising from the buyer's holding or use of this domain name have nothing to do with this Platform. At the same time, the buyer is obliged to protect this Platform from any damage caused by third-party litigation, claims, or other actions arising from the user's holding or use of this domain name.

 

6.3.8 The buyer guarantees that after becoming the holder of the domain name or website, the buyer will not engage in any illegal acts regarding the domain name or website, including:

 

(1) The application of the domain name or website will not infringe upon the rights and interests of any third party, and the purchase of the domain name or website is not for malicious or any illegal purpose; the use of the domain name or website will not violate any relevant laws and regulations.

 

(2) You shall not use the domain name or website entrusted for purchase to create, copy, publish, or disseminate any harmful information prohibited by laws and regulations. You guarantee that the use of the domain name or website will not distribute malware, maliciously operate botnets, conduct phishing, piracy, infringe trademarks or intellectual property rights, engage in fraud or deception, counterfeit or forge, send spam emails, or participate in other acts contrary to law.

 

(3) Your direct or indirect use of the domain name or website entrusted for purchase and of the domain name or website will not infringe upon the lawful rights of others (for example, others' right to name, trademark rights, and domain name rights, etc.).

 

(4) Other illegal acts provided by laws and regulations.

 

If the buyer violates the above provisions, this Platform has the right to block the domain name or freeze the buyer's business and balance under the member account on this Platform or take other necessary measures until the matter is resolved through legal channels.

 

 

 

Article 7 Rights and Obligations of this Platform

 

7.1 This Platform will adopt necessary technical means and management measures to ensure the normal operation of online domain name or website transactions, provide a necessary and reliable transaction environment and services, and maintain the normal order of domain name transactions.

 

7.2 This Platform will adopt necessary technical measures to protect all user information and data. Without the consent of the transaction parties, it will not disclose, transfer, use, or sell to third parties information and data involving operators' trade secrets and users' personal information, such as transaction party information and transaction records, unless otherwise provided by laws and regulations.

 

7.3 This Platform will not review the transaction intentions of the transaction parties, but has the right to review whether the domain name or website published by the seller and the transaction are compliant. For non-compliant domain names or websites and their transactions, this Platform has the right to delete or delist them and does not bear any responsibility.

 

7.4 This Platform has the right to independently determine whether a transaction is abnormal and take appropriate handling measures. When an abnormal transaction is discovered, it has the right to terminate the transaction or set the transaction as invalid.

 

7.5 This Platform has the right to treat violations arising during transactions on the 365交易 Platform as user breach of contract and handle them accordingly, and to publicly sell the domain names involved in the breach.

 

 

 

Article 8 Force Majeure and Other Exemption Grounds

 

8.1 This Platform's services are provided on an “as is” basis. This Platform hereby expressly disclaims any express or implied warranties regarding its services, including but not limited to the applicability, absence of errors or omissions, continuity, security, accuracy, reliability, and fitness for a particular purpose of this Platform's services.

 

8.2 You understand and agree that: during the use of this service, you may encounter risk factors such as force majeure that interrupt this service. Force majeure refers to objective events that cannot be foreseen, cannot be overcome, cannot be avoided, and cause significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, epidemics, and storms, as well as social events such as war, unrest, and government actions. When the above circumstances occur, this Platform will endeavor to cooperate with relevant units as soon as possible and carry out repairs in a timely manner; however, this Platform shall be exempt from liability within the scope permitted by law for losses caused to you thereby;

 

8.3 To the extent permitted by law, this Platform does not need to bear responsibility to you or any third party for service interruption or obstruction caused by the following circumstances:

 

8.3.1 Damage caused by computer viruses, Trojans or other malicious programs, or hacker attacks;

 

8.3.2 Failure of the user's or this Platform's computer software, systems, hardware, and communication lines;

 

8.3.3 Improper operation by the user;

 

8.3.4 The user uses this service in a manner not authorized by this Platform;

 

8.3.5 Other circumstances that this Platform cannot control or reasonably foresee.

 

8.4 You understand and agree that: during the use of this service, you may encounter risks brought by network information or other users' behavior. This Platform does not bear responsibility for the authenticity, applicability, or legality of any information, nor is it responsible for damage caused to you by infringement. These risks include but are not limited to:

 

8.4.1 The domain name or website itself has unclear ownership, unidentified source, restricted use or transfer, or other circumstances;

 

8.4.2 Information from others under anonymity or false names that contains threats, defamation, or illegal content;

 

8.4.3 Suffering any psychological or physical injury and economic loss caused or possibly caused by being misled, deceived, or otherwise by others due to use of the services under this Agreement;

 

8.4.4 Other risks caused by network information or user behavior.

 

8.5 The user understands and agrees that during the domain name or website transaction process, this Platform acts only as a platform and does not make any commitment or warranty regarding the conduct of either party; this Platform will make every effort to ensure that transactions are conducted equally, lawfully, effectively, and safely, but cannot foresee at any time whether the domain name holder or website information is true and valid, or whether the domain name or website itself has risks such as infringement or other disputes. For losses that may be caused to users thereby, unless otherwise expressly provided by laws and regulations, this Platform does not bear any responsibility.

 

8.6 Disputes between the buyer and seller arising from 365交易, including but not limited to disputes caused by domain name ownership, etc., shall be resolved by the buyer and seller themselves, but this Platform has the right to choose to intervene. Unless otherwise expressly provided by laws and regulations, this Platform does not bear any responsibility.

 

8.7 This Platform obtains the right to handle illegal or non-compliant content in accordance with this Agreement. This right does not constitute an obligation or commitment of this Platform, and this Platform cannot guarantee the timely discovery of illegal acts or corresponding handling.

 

 

 

Article 9 Dispute Resolution and Governing Law

 

9.1 The scope governed by these service terms does not include the legal relationship and disputes arising from domain name or website transaction conduct between users (sellers and buyers), which shall be resolved by the seller and buyer themselves or appealed to a court with jurisdiction.

 

9.2 All disputes related to these service terms shall be resolved by the parties through friendly negotiation.

 

 

 

Article 10 Miscellaneous

 

If the user has any opinions or suggestions regarding this Agreement or this service, the user may contact the customer service center of this Platform, and we will provide you with necessary assistance.

 

 

 

Article 11 Supplementary Provisions

 

11.1 This Platform has the right to notify users on its own regarding matters related to the 365担保交易 Platform by means of announcements on relevant web pages. Such notice shall be deemed to have been given to users 3 days after the date of publication on the web page.

 

11.2 This Agreement includes the above clauses and all types of rules related to 365交易 that have been published by this Platform or may be published in the future. All rules are an inseparable part of this Agreement and have the same legal effect. When you use this service, it shall be deemed that you have read, understood, and accepted all clauses and all types of rules of this Agreement, and you promise to comply with all types of legal provisions. If any legal liability is caused by your violation, you will independently bear the corresponding legal liability in your own name. 

 

 

 

The user hereby again guarantees that the user has fully read and fully understood these service terms and voluntarily formally enters the 365担保交易 online transaction process, and accepts the constraints of all the above clauses.

 

 

 

 

 

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