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Terms of Use

Terms of Use and Transaction Terms

These Terms of Use and Transaction Terms ("Terms of Use") are an ongoing contract between you ("User" or "you") and Hilco IP Services LLC d/b/a Hilco Streambank ("Hilco Streambank" or "we") and apply to your use of Hilco Streambank's online marketplaces for sales and/or leasing of IPv4 Addresses (the "Platform") and your purchase, sale, or lease of internet protocol version 4 addresses and autonomous system numbers (Collectively "IPv4 Addresses") from the Platform. By checking the "I agree to the Terms of Use" box, you are accepting and agreeing to be bound by these Terms of Use. Hilco Streambank reserves the right to modify these Terms of Use at any time, with or without prior notice to you. For this reason, we encourage you to review the Terms of Use whenever you use the Platform. Additionally, specific listings on the Platform may contain specific terms and conditions that conflict with these Terms of Use. To the extent that there is such a conflict, the specific listing terms will prevail.

Use of this Platform

By accepting these Terms of Use, you certify: (i) that you are 18 years of age or older, (ii) all billing and registration information provided is truthful and accurate. Providing any untruthful or inaccurate information will constitute a breach of these Terms of Use. By placing a bid, making a purchase or listing IPv4 Addresses on the Platform, you are entering into a binding contract. All bids are active until the listing ends. If a listing is won, the winning bidder is obligated to purchase the item(s) in the listing and the seller is obligated to sell the items in the listing to the winning bidder. In addition, by placing a bid or listing a block of IPv4 Addresses, you agree and acknowledge that we are permitted to share your transaction information with the relevant counterparties to your transaction (i.e., buyer-seller, lessor-lessee), as well as the applicable Registries and any other entity to the extent required to complete the transaction. Hilco Streambank reserves the right to refuse use of the Platform and services to anyone at any time for any reason without notice or explanation.

Platform Security

Users are prohibited from violating or attempting to violate the security of the Platform, 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 Platform, host or network, including, without limitation, via means of submitting a virus to the Platform, "overloading", "flooding", "spamming", "mailbombing", "crashing", or "scraping"; (iv) sending unsolicited email, including promotions and/or advertising of products or services, or buyers and sellers, or otherwise registered parties, contacting each other directly; or (v) forging any TCP/IP packet header or any part of the header information in any email or communication. 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 Platform or any activity being conducted on this Platform. 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 Platform other than the search engine and search agents available on this Platform and other than generally available third party web browsers (e.g., Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Edge).

Sale Process

IPv4 Addresses will be sold or leased on this Platform via an online purchasing process (each a "Purchase"). Purchases may occur through (i) the competitive bidding process described below (each an "Auction"), or (ii) through a Purchase of IPv4 Addresses listed as "Buy Now" via bidding the set sale price, according to the sale process set forth herein.

If User wishes to Purchase a block of IPv4 Addresses in an Auction, 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 or higher than the current winning bid, as applicable; (ii) placed before the scheduled expiration time for such Auction and (iii) in the bid increments set for each particular Auction. The Platform will prompt each Bidder to bid on the specified increments. To purchase a Buy Now offering, User will be required to hit the "Buy Now" button on a particular listing, thereby committing to the Purchase of the listed block of IPv4 Addresses, at the listed price.

Extended Bidding: If a bid in an Auction is entered within the final 5 minutes of the original expiration time, the Auction will be extended by 2 minutes. If a bid is then placed before the extended 2 minutes lapses, the Auction will be extended again for 2 minutes, and the listing will continue to be extended until there are no new bids placed within the final 2 minutes of the Auction.

If a bid is deemed the winning bid or if a bidder purchases a "Buy Now" block, 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 errors.

Leasing Process

After registering as a Lessor or Lessee on the Platform, including completion of the non-disclosure terms, User will be able to list or request IPv4 Addresses for lease. DIRECT CONTACT BETWEEN LESSORS AND LESSEES IS STRICTLY PROHIBITED AND IS IN VIOLATION OF THE TERMS OF USE. User should complete any diligence required by User or User's company for the lease of IPv4 Addresses prior to entering into a binding agreement.

Diligence

After registering for the Platform, including agreement to the non-disclosure terms, User will be able to view the specific IP Addresses being offered for sale. If additional information is needed by User for its diligence process, User may contact Hilco Streambank, however, DIRECT CONTACT BETWEEN BUYERS AND SELLERS OR LESSORS AND LESSEES IS STRICTLY PROHIBITED AND IS IN VIOLATION OF THESE TERMS OF USE. User should complete any diligence required by User or User's company for the purchase of IPv4 Addresses prior to bidding in an Auction on this Platform. By participating in any Auction on this Platform and/or by placing a bid, User acknowledges that it has completed any necessary diligence on the IPv4 Addresses for which User has bid and that it is purchasing the IPv4 Addresses in their "AS IS" condition.

Compliance Representations

For any transaction resulting from use of this Platform, User represents and warrants the following: (i) User has completed any necessary diligence on the IPv4 Addresses for which User has bid; (ii) User is aware of and understands all applicable laws and regulations including, without limitation, the Foreign Corrupt Practices Act, and agrees to comply with such laws and regulations. User further agrees that User and any person or entity working on User's behalf in connection with the services provided under these Terms of Use shall not, in an effort to exercise illegal or improper influence, make any payment, promise of payment, or authorization of payment or otherwise transfer anything of value, directly or indirectly, to: (a) any governmental official or employee (including employees of government-owned and government-controlled corporations and public international organizations); (b) any political party, official of a political party, or candidate for public office; (c) any intermediary of the individuals set out in (a) and (b) above, including, but not limited to, agents or family members of government officials, for payment to any government official; (d) any other person or entity in a corrupt or improper effort to obtain or retain business or any advantage, in connection with the Seller affairs; or (e) any business entity selling a competing product in order to eliminate or restrict competition, including, but not limited to, agreements to divide the market. User further agrees that User will not make any payment to any other person or entity if such payment or transfer would violate the laws of the country in which the transaction is made; and (iii) User shall comply with the export control laws of the United States applicable to the transactions contemplated herein, and which may prohibit sale and assignment of the IP Addresses in certain sanctioned or embargoed countries.

Bidding and Buying

User must honor all successful bids placed in any Purchase on this Platform, 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. Any violation of this provision may result in, among other things, suspension of your account.

Winning Bids; Purchase Price

If User's bid is deemed the winning bid at the end of the Auction for certain IPv4 Addresses or if User purchases a block as a Buy Now ("Addresses Won"), user will become the winning bidder ("Winning Bidder"). User agrees that upon being named the Winning Bidder to promptly purchase the Addresses Won pursuant to the terms and instructions set forth in these Terms of Use, the Email Notification, and otherwise provided on the Platform or agreed to between the User, Seller and Hilco Streambank. Within five (5) business days of being named the Winning Bidder, Winning Bidder must wire the purchase price (the "Purchase Price") as instructed in the Email Notification. If Winning Bidder fails to timely pay the Purchase Price, Hilco Streambank may, in its sole discretion or in consultation with the Seller, contact the next highest bidder in the Auction and offer to sell the Addresses Won to such bidder at such bidder's bid price, or post the Addresses Won on this Platform for sale in a new Auction. Notwithstanding the foregoing, Hilco Streambank and Seller shall maintain the right to enforce the terms of this Terms of Use and/or seek any other available remedy. Cancellation of a sale as a result of a default by the Winning Bidder will obligate Winning Bidder to pay a $500.00 cancellation fee plus reimbursement of Seller's transfer fee paid to the applicable Regional Internet Registry ("RIR").

Closing Procedures

The following closing procedures shall apply to all Purchases of IPv4 Addresses via the Platform:

  • Within five (5) 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 by Hilco Streambank (or at Winning Bidder's option and expense, by Escrow.com) pending transfer of the Addresses Won as described herein.
  • Within three (3) business days of confirmation from Hilco Streambank of receipt of the Purchase Price in escrow, Seller shall initiate the, RIR, Inter-RIR, or National Internet Registry ("NIR") (each a "Registry", collectively, "Registries") transfer process by submitting the necessary transfer request to the relevant Registry.
  • The Winning Bidder and Seller shall cooperate with Hilco Streambank to provide all information reasonably necessary for the parties to submit the transfer request. Each party shall promptly (within three Business Days of invoice) pay the applicable RIR transfer fee directly to the applicable Registry.
  • Both Seller and Winning Bidder shall cooperate with the relevant Registry in a timely manner and provide all information reasonably necessary to receive approval from the appropriate Registry for the transfer. Seller shall respond to all Registry requests for information or signed documents within three (3) business days of the date of such request.
  • Each party (Winning Bidder and Seller) is responsible for payment of its respective Registry transfer fees required to successfully complete transfer of the Addresses Won into Winning Bidder's Registry account. The relevant Registry will invoice each party for its respective transfer fee and each party shall promptly (within 3 Business Days of date of invoice) pay the transfer fee Registry. As stated above each party shall be responsible for paying its own relevant transfer fees directly to the applicable Registry.
  • Upon confirmation of the completed transfer from the Winning Bidder's Registry and updated registration in the Winning Bidder's Registry, Hilco Streambank, its authorized representative, or Escrow.com, if applicable, shall (i) release the Purchase Price to Seller, less Hilco Streambank's commission, and (ii) If requested by Winning Bidder in writing, obtain a signed Assignment of Assets from Seller and release same to Winning Bidder.
  • In the event of any dispute between the Winning Bidder and Seller regarding the release of the funds hereunder, Hilco Streambank (or its authorized representative or Escrow.com, if applicable) shall hold the funds pending resolution by a court of proper jurisdiction in accordance with this Terms of Use or agreement by both Winning Bidder and Seller.

Deposits and Regional Internet Registry Approval of Transfers

All transfers of IPv4 Addresses will be subject to approval from the appropriate Registry ("Registry Approval"). Users are encouraged to apply for pre-approval ("Pre-Approval") with their local Registry 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 and/or purchase IPv4 Addresses on the Platform. Five hundred dollars USD ($500.00) shall be considered the deposit (the "Deposit"). If Winning Bidder is unable to receive Registry Approval to receive transfer of the Addresses Won within forty-five (45) days of being named the Winning Bidder, Hilco Streambank and Seller each reserve the right to cancel the sale of the Addresses Won to Winning Bidder, and Hilco Streambank may retain the Deposit plus reimbursement of any out-of-pocket transfer fees paid (and not refunded) by Seller to the applicable Registry.

If transfer of the Addresses Won into Winning Bidder's applicable Registry 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 on the Platform. User further agrees that User will use its best efforts to cooperate with its applicable Registry throughout the Registry Approval process, promptly respond to all Registry inquiries, and sign any reasonably necessary agreements with the Registry to receive transfer of the Addresses Won, including the applicable Registry membership agreements and registration service agreements.

RIR Transfer Fees

Each party is responsible for the transfer fees invoiced to them by the relevant Registries. Each Registry has its own method of determining transfer fees, and User is responsible for confirming fees with their Registry.

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; or (c) Credit or fraud alerts. Hilco Streambank looks 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. In the event you breach these Terms of Use, Hilco Streambank may immediately terminate your account, deactivate your password, and seek any other remedy available to Hilco Streambank or its affiliates.

No Warranties

All sales and/or leases 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, quality, merchantability, state, condition, location or otherwise, provided, however, that upon closing of any transaction (after the applicable Registry approval of the transfer) registration of the Addresses Won with the appropriate Registry 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 +1 212 610 5601.

Neither Seller, nor Hilco Streambank and their respective affiliates, subsidiaries, officers, directors, employees, members, agents or representatives shall have any liability for any description or data error of any article or lot whether contained in a catalogue, advertisement or otherwise. Descriptions and data 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 Platform

While Hilco Streambank endeavors to ensure that the Platform is normally available 24 hours a day, Hilco Streambank shall not be liable if for any reason the Platform is unavailable at any time or for any period. Access to the Platform may be suspended temporarily and without notice in the case of system failure, maintenance or repair, other reasons, or for reasons beyond Hilco Streambank's control. Hilco Streambank reserves the right to relist or adjust bidding periods on any auction due to a system malfunction.

Indemnification

You agree to defend, indemnify and hold harmless Hilco Streambank and its affiliates, subsidiaries, officers, directors, employees, members, agents or representatives from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Platform or any breach by you of these Terms of Use.

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, your agents, heirs, successors or assigns 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 Platform, 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 Platform during the six-month period preceding the date on which the claim arose.

Seller and Purchaser as Third-Party Beneficiary

User agrees that Buyers and Sellers are third party beneficiaries and shall have all of the rights and benefits afforded to Hilco Streambank under these Terms of Use and Purchase, including the right to User's indemnities and the limitations of liability in the Agreement, provided that Seller's maximum liability shall be limited to the greatest extent allowed by applicable law to the greater of $500 or the Purchase Price paid to Seller. User shall have the right to directly enforce these Terms of Use.

Eligible Bidders /Bidder Representations

User represents it is not located in any country or otherwise subject to U.S. export or sanctions restrictions that would make it ineligible to participate in this transaction and shall comply with the import and export control and sanctions laws of the United States and similar non conflicting laws of other countries applicable to the transactions contemplated herein, and which may prohibit sale and assignment of the IP Addresses in certain sanctioned or embargoed countries.

Disclaimer

This Platform is provided by Hilco Streambank on an "As-Is" and "As Available" basis. Hilco Streambank makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, IPv4 Addresses, or inventory products offered on this Platform. To the full extent permissible by applicable law, Hilco Streambank disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, infringement and fitness for a particular purpose. Without limiting the foregoing, Hilco Streambank disclaims any and all warranties, express or implied, for any IPv4 Addresses and inventory products offered on this Platform. You acknowledge, by your use of the Platform, that your use of the Platform is at your sole risk.

This disclaimer constitutes an essential part of these Terms of Use.