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Use of this Site
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (i) accessing data not intended for User or logging onto a server or an account which User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any other user of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Hilco Streambank will investigate occurrences that may involve such violations, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from B-Stock on this Site and other than generally available third party web browsers (e.g., Mozilla Firefox and Microsoft Explorer).
IPv4 Addresses will be sold on this Site via an online auction process (“Auction”). Auctions may occur through the competitive bidding process described below or through a purchase of IPv4 Addresses via bidding the set sale price, according to the sale process set forth for the Auction at IPv4Auctions.com. If User wishes to bid on a block of IPv4 Addresses in a competitive bidding process, User will be required to enter a bid amount. For the bid to be eligible for the Auction, the bid must be: (i) in an amount equal to or higher than the bid listed as the minimum opening bid and the current winning bid, as applicable; (ii) in the bid increments set forth on the bid page; and (iii) placed before the scheduled expiration time for such Auction, including any additional time added for an Extended Auction (“Extended Auction” shall mean an Auction where, if a bid is entered within the final 10 minutes of the original expiration time, the Auction will be extended by 10 minutes. If a bid is then placed before the extended 10 minutes elapses, the Auction will be extended again for 10 minutes and the listing will continue to be extended until there are no new bids placed within the final 10 minutes of the Auction). If a bid is deemed the winning bid, a notification will be presented via email (the “Email Notification”) at the email address User provided during account registration, as updated by User when necessary. It is the responsibility of User to keep the email address current and to timely check email to determine if User is the holder of the winning bid for any Auction in which User participated. Hilco Streambank is not responsible for the failure of an Email Notification to reach a winning bidder for any reason, including, but not limited to, technical problems or other system error.
After registering for the Site and completing a non-disclosure agreement (“NDA”), User will be able to access the information needed to diligence the IPv4 Addresses listed for Auction. If additional information is needed by User for its diligence process, User shall contact Hilco Streambank. User must complete any diligence required by User or User’s company for the purchase of IPv4 Addresses prior to bidding in an Auction on this Site. By participating in any Auction on this Site by placing a bid, User acknowledges that it has completed any necessary diligence on the IPv4 Addresses for which User has bid.
Bidding and Buying
User must honor all successful bids placed in any Auction on this Site, and User is obligated to complete the transaction with Hilco Streambank and Seller. Bids are not retractable except under circumstances deemed appropriate by Hilco Streambank. Bid manipulation in any form, and for any reason is strictly prohibited.
Winning Bids; Purchase Price
The following closing procedures shall apply to all purchases of IPv4 Addresses via IPv4Auctions.com:
1. Within three (3) business days of being named the Winning Bidder, Winning Bidder must wire the Purchase Price as instructed in the Email Notification to be held in escrow pending transfer of the Addresses Won as described herein.
2. Within three (3) business days of confirmation from Hilco Streambank of receipt of the Purchase Price, Seller shall initiate the RIR, NIR or Inter-RIR transfer process by submitting the necessary transfer request to the relevant Regional Internet Registry (“RIR”) and/or National Internet Registry (“NIR”). Winning Bidder shall cooperate with Hilco Streambank and Seller to provide all information reasonably necessary for Seller to submit the transfer request.
3. Both Seller and Winning Bidder shall cooperate with the relevant RIR(s) and/or NIR(s) in a timely manner and provide all information reasonably necessary to receive RIR and/or NIR approval for the transfer. Seller shall respond to all RIR and/or NIR requests for information or signed documents within three (3) business days.
4. Winning Bidder shall pay all RIR and/or NIR transfer fees required to successfully complete transfer of the Addresses Won into Winning Bidder’s RIR or NIR account.
5. Upon confirmation of the completed transfer from the Winning Bidder’s RIR or NIR and updated registration in the Winning Bidder’s RIR or NIR registry, Hilco Streambank shall (i) release the Purchase Price to Seller, less Hilco Streambank’s commission, and (ii) release the signed Assignment of Assets to Winning Bidder.
Deposits and Regional Internet Registry Approval of Transfers
All transfers of IPv4 Addresses will be subject to RIR approval (“RIR Approval”). Users are encouraged to apply for pre-approval (“Pre-Approval”) with their local RIR to receive the desired amount of IPv4 Addresses prior to bidding in an Auction; however, Pre-Approval is not required to participate in an Auction. Five hundred dollars USD ($500.00) of the Purchase Price shall be considered the deposit (the “Deposit”) If Winning Bidder is unable to receive RIR Approval to receive transfer of the Addresses Won within forty five (45) days of the date that a transfer request is first sent to the RIR, Hilco Streambank and Seller reserve the right to cancel the sale of the Addresses Won to Winning Bidder, and Hilco Streambank and Seller may retain the Deposit. User agrees that if User is unable to receive RIR Approval within forty five (45) days of applying for RIR Approval, User forfeits any and all rights to the Deposit, and that Hilco Streambank and Seller may keep the Deposit. Provided, however, that if Winning Bidder does not receive RIR Approval within forty five (45) days of applying for RIR Approval, Winning Bidder may instruct Hilco Streambank to release payment from Escrow to the Seller and thereby extend the period of time to obtain RIR Approval for an additional two (2) years (the “Extension Period”) subject to the continued existence of the Seller’s business as an entity capable of transferring the Addresses Won under RIR policy, during which time Seller shall not transfer the Addresses Won to any other party or use the Addresses Won. During the Extension Period Winning Bidder may either continue to seek RIR Approval or designate an approved third party capable of receiving RIR Approval to accept the Addresses Won.
If transfer of the Addresses Won into Winning Bidder’s RIR or NIR account does not occur within forty five (45) days of the close of the Auction due to delays caused solely by the Seller, Winning Bidder may cancel the Sale of the Addresses Won. Winning Bidder may then elect to either have the entire Purchase Price returned to Winning Bidder or credited to Winning Bidder’s account and applied to future purchases at IPv4Auctions.com.
User further agrees that User will use its best efforts to cooperate with its RIR throughout the RIR Approval process, promptly respond to all RIR inquiries, and sign any reasonably necessary agreements with the RIR to receive transfer of the Addresses Won, including RIR membership agreements and registration service agreements. User agrees that it will be responsible for all RIR transfer fees.
Cancelled Bids and Purchases
Hilco Streambank asserts that there may be certain bids or purchases that may not be accepted or companies from whom Hilco Streambank or Seller is not able to accept bids. Hilco Streambank reserves the right to cancel these bids or orders. Hilco Streambank reserves the right, at its sole discretion or the discretion of the Seller, to refuse or cancel any bid or purchase for any reason. Situations that might result in the cancellation of a bid or purchase could be, but are not limited to:
(a) Submitted data inaccuracies
(b) Errors in product or bid information
(c) Credit or fraud alerts
Hilco Streambank checks for accuracy in the IPv4 Address listings and bid information, but occasionally, errors may occur. In the event of an error Hilco Streambank reserves the right to cancel a purchase or remove an IPv4 Address offering from inventory without liability.
All sales are final, on an "As-Is, Where-Is", "In Place", "With All Faults" basis with no conditions or warranties either expressed, implied, statutory or otherwise, including, without limitation, warranties or conditions as to title, description, fitness for a particular purpose, quantity, quality, merchantability, state, condition, location or otherwise, provided, however, that upon closing of any transaction (after RIR approval of the transfer) registration of the Addresses Won with the appropriate RIR shall be fully transferred to the Winning Bidder. Please conduct any due diligence inspection of the assets before bidding. If parties require any information regarding the assets prior to the auction please contact Hilco Streambank at 212-610-5679.
Hilco Streambank shall have no liability for any description error of any article or lot whether contained in a catalog, advertisement or otherwise. Descriptions have been prepared for guidance purposes only and shall not be relied upon by User for accuracy or completeness. User shall be deemed to have relied entirely upon its own inspections and investigations.
Availability of Site
While Hilco Streambank and B-Stock endeavor to ensure that the Site is normally available 24 hours a day, Hilco Streambank and B-Stock shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Hilco Streambank and B-Stock’s control. Hilco Streambank reserves the right to relist or adjust bidding periods on any auction due to a system malfunction.
Limitation of Liability
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Hilco Streambank or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Hilco Streambank has been advised of or should have known of the possibility of such damages. In no event will Hilco Streambank be liable for any damages in excess of the fees paid by you in connection with your use of the Site during the six month period preceding the date on which the claim arose.