BrighterBranding Terms of Service

Last updated: 20 April 2025

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the BrighterBranding website, products, and services (collectively, the "Services"). By using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

2. Definitions

"BB," "we," "us," or "our"

means BrighterBranding LLC.

"Client," "you," or "your"

means any individual or entity that uses the Services.

"Domain"

means an internet domain name offered, leased, rented, or sold through BB.

3. Services Overview

BB provides three primary options for acquiring Domains:

• Buy Now - immediate purchase and transfer.
• Lease-to-Own - staged monthly payments; ownership transfers after the final payment.
• Rent Now, Buy Later - low-cost rental with an option to purchase; BB retains registrant control during the rental term while granting the Client full DNS control.

4. Eligibility

You must be at least 18 years old and legally able to enter into contracts. By entering into these Terms, you represent that you meet this requirement.

5. Payment & Fees

All fees are stated in U.S. dollars unless otherwise noted and are exclusive of taxes.

Payment schedules for Lease-to-Own and Rent Now, Buy Later will be detailed in a separate Domain Agreement. Missed or late payments constitute a default (see § 12).

Escrow fees, registrar transfer costs, and payment-processing fees are the Client's responsibility unless otherwise agreed in writing.

6. Permitted & Prohibited Uses

During any Lease-to-Own or Rent Now period, you must not use the Domain for:

• Spam & abusive messaging: unsolicited bulk email, SMS, or instant messages.
• Malware & phishing: distribution of viruses, trojans, ransomware, or deceptive sites that harvest credentials.
• Illegal products or services: including but not limited to counterfeit goods, unlicensed gambling, illicit drugs, or weapons trafficking.
• Sexually explicit or pornographic content: any content that is obscene, exploits minors, promotes non-consensual acts, or violates applicable obscenity laws.
• Hate, harassment, or violent extremism: content that encourages violence or discrimination against protected classes.
• Intellectual-property infringement: unauthorized distribution of copyrighted or trademarked material.
• Any activity that, in BB's reasonable discretion, is deceptive, fraudulent, defamatory, or otherwise nefarious, or that is likely to damage the reputation or value of the Domain.

Violation of any of these prohibited uses will result in immediate cancellation of your lease or rental agreement with no refunds of any payments made.

7. Monitoring & Enforcement of Lease-to-Own Rent Now

Nameserver Monitoring: BB monitors Domain nameservers multiple times per day. Unauthorized changes trigger immediate alerts.

Content Reviews: BB may inspect hosted content associated with the Domain to verify compliance.

Audit Cooperation: You agree to provide reasonable assistance and information to facilitate any compliance review.

If BB determines that you have breached § 6 or otherwise harmed the Domain's reputation, we may, without notice, suspend DNS resolution, revert nameservers, terminate the Agreement, and reclaim the Domain. Such action does not waive our right to seek damages.

8. Domain Custody & DNS Control (Rent Now, Buy Later)

Registrant Control: BB remains the registrant of record and keeps the Domain in a dedicated registrar account protected by multi-factor authentication (MFA).

DNS Control: Upon request, BB will update the nameservers or individual DNS records within one (1) U.S. business day, giving you functional control over the Domain's routing.

Security: BB segregates rented Domains from proprietary assets and implements industry-standard security controls to prevent unauthorized transfers.

9. Ownership Transfer

Buy Now: Ownership transfers upon receipt and clearance of the full purchase price.

Lease-to-Own: Upon receipt of the final installment, BB will promptly transfer the Domain to your registrar account.

Rent Now, Buy Later: You may exercise the purchase option by contacting us to negotiate a purchase price. All rental payments made will be credited toward the final purchase price.

10. Refunds & Early Termination

Payments are non-refundable except where required by law or expressly provided in the Domain Agreement. You may terminate for convenience by giving 30 days' written notice; prepaid fees are forfeited.

11. Default & Repossession

If you:

• fail to make a payment when due;
• breach § 6 (Prohibited Uses);
• violate any registrar or ICANN policy that materially impacts the Domain's standing;

BB may declare a default, suspend or cancel services, repossess the Domain, and seek all remedies available at law or equity.

12. Disclaimers

Domains are provided "as-is." BB disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee search-engine rankings, traffic, or commercial success.

13. Limitation of Liability

To the maximum extent permitted by law, BB's total liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of (i) USD 5,000 or (ii) the total fees you paid to BB in the 12 months preceding the claim. BB will not be liable for indirect, incidental, special, consequential, or punitive damages.

14. Indemnification

You agree to indemnify and hold harmless BB, its owners, officers, and agents from any claim or demand (including reasonable attorneys' fees) arising out of your use of the Domain, violation of these Terms, or infringement of any third-party right.

15. Intellectual Property

Except for the Domain(s) expressly conveyed under a completed Buy Now or Lease-to-Own transfer, all content on the BB site (logos, text, software) remains the intellectual property of BB or its licensors.

16. Confidentiality

Information exchanged under these Terms, including seller identities and portfolio details, is confidential. Each party must protect the other's confidential information with at least reasonable care and may use it only to fulfil these Terms.

17. Privacy

Our collection and use of personal data is governed by the BrighterBranding Privacy Policy, incorporated herein by reference.

18. Modifications

BB may revise these Terms by posting an updated version on our website and indicating the revision date. Material changes will be announced at least 14 days in advance. Your continued use of the Services after the effective date constitutes acceptance.

19. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Colorado, U.S.A., without regard-of-law principles. All disputes shall be resolved by binding arbitration in Denver County, Colorado, under the Commercial Arbitration Rules of the American Arbitration Association. Either party may seek injunctive relief in any competent court to protect intellectual-property or confidentiality rights.

20. Contact

By using the Services or executing a Domain Agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms.