|This user agreement was last updated on October 24, 2004.
Changes in policy will be considered in effect for all members on November
1, 2004 and immediately for all new registering member.
Article 1. Membership
Eligibility. Our services are available only to, and may only be
used by individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available to
minors (persons under the age of 18). If you do not qualify, please do not
use our site or services. Further, your Ebanned account (including feedback,
Me pages, forum posts and any other information added to this site or any
site owned or operated by Ebanned) and User ID may not be transferred or
sold to another party for any reason.
Article 2. Fees and Services. Joining Ebanned is free. We
do charge fees for listings items for sale through our Site (our fee
schedule can be found at
http://www.ebanned.net/fees.html and is incorporated by reference) and
when you list an item you have an opportunity to review and accept the fees
that you will be charged. All fees are quoted in U.S. Dollars. You are
responsible for paying all fees associated with using the service in the
time manner set forth on our Fee Schedule page.
Article 3. Ebanned is a Venue. Ebanned is not an
Auctioneer. Although we are commonly referred to as an online auction web
site, it is important to realize that we are not a traditional "auctioneer."
Instead, the Site acts as a venue to allow anyone to offer, sell, and buy
just about anything, at anytime, from anywhere, in a variety of pricing
formats, including a fixed price format and an auction- style format
commonly referred to as "online auctions" or "auctions." We are not
involved in the actual transaction between buyers and sellers. As a result,
we have no control over the quality, safety or legality of the items
advertised, the truth or accuracy of the listings, the ability of sellers to
sell items or the ability of buyers to pay for items. We cannot ensure that
a buyer or seller will actually complete a transaction. Consequently, we do
not transfer legal ownership of items from the seller to the buyer.
Article 4. Identity Verification. We use many techniques to
verify the accuracy of the information our users provide us when they
register on the Site. However, because user verification on the Internet is
very difficult, Ebanned cannot and does not confirm each user's purported
identity. Thus, we have established a user-initiated feedback system to help
you evaluate with whom you are dealing. We also encourage you to communicate
directly with potential trading partners through the tools available on the
Article 5. Release. Because we are a venue, in the event
that you have a dispute with one or more users, you release Ebanned (and our
officers, directors, agents, subsidiaries, joint ventures, employees and
advertisers) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
Article 6. Information Control. We do not control the
information provided by other users that is made available through our
system. You may find other user's information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and practice
safe trading when using the Site. Please note that there are also risks of
dealing people acting under false pretense. Additionally, there may also be
risks dealing with international trade and foreign nationals. By using this
Site, you agree to accept such risks and Ebanned is not responsible for the
acts or omissions of users on the Site.
6.1. Bidding and Buying.
As a buyer, you are obligated to complete the transaction with the seller:
- if you purchase an item through one of
our fixed price formats; or
- if you are the highest bidder at the
end of an auction (meeting the applicable minimum bid or reserve
requirements) and your bid is accepted by the seller, unless the
transaction is prohibited by law or by this Agreement.
By bidding on an item you agree to be bound
by the conditions of sale included in the item's description so long as
those conditions of sale are not in violation of this entire Agreement or
unlawful. Unless you and the seller agree otherwise, you will become the
item's lawful owner upon physical receipt of the item from the seller. Bids
are not retractable except in exceptional circumstances, such as: when the
seller materially changes the item's description after you bid; a clear
typographical error is made; you cannot authenticate the seller's identity;
or when the seller does not confirm your purchase.
Article 7. Listing and Selling. You must be legally able to
sell the item(s) you list for sale on the Site. You must describe your item
and all terms of sale on the listing page of the Site. You may not list your
item with the intent of sending the user to another site to facilitate the
- Your listings may only include text
descriptions, graphics, pictures and other content relevant to the sale of
- Your items and method of shipping must
comply with all local, federal and state laws.
- You will not place third party
advertisements or links (personal or business websites) unless the third
party advertisement or the link is directly related to the the item you
are selling. (please
see our Listing Policy)
- All listed items must be listed in an
appropriate category. All items in multiple item listings must be
- You will not solicit a sale or
transaction outside of the Site either on your item listing or your Me
7.1. Binding Bids. If you
receive at least one bid at or above your stated minimum price (or in the
case of reserve auctions, at or above the reserve price), you are obligated
as the seller to complete the transaction with the highest bidder upon the
auction's completion, unless there is an exceptional circumstance, such as:
(a) the buyer fails to meet the terms of your listing (such as payment
method), or (b) you cannot authenticate the buyer's identity.
7.2. Fraud. Without limiting any other remedies, Ebanned
may suspend or terminate your account if we suspect that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have engaged in
fraudulent activity in connection with the Site.
7.3. Manipulation. Neither you, bidders nor sellers may
manipulate the price of any item nor may you interfere with other user's
listings or transactions.
Article 8. Your Information. For the purpose of this user
agreement, and from here on out, "Your Information" is defined as any
information you provide to us or other users in the registration, bidding or
listing process, in any public message area or through any email feature.
You are solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your Information.
Article 9. Restricted Auction Activities. Your Information
(or any items listed) and your activities on the Site shall not:
- be false, inaccurate or misleading;
- be fraudulent or involve the sale of
counterfeit or stolen items;
- infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy;
- violate any law, statute, ordinance or
regulation (including, but not limited to, those governing export control,
consumer protection, unfair competition, anti-discrimination or false
- be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing;
- be obscene or contain child pornography
- offer services that consummate a meeting
between buyer and seller
- offers any service or item as a raffle
- does not contain an actual tangible item
- contain any viruses, Trojan horses,
worms, time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
- be an item that offers bodily fluids
- create liability for us or cause us to
lose (in whole or in part) the services of our ISPs or other suppliers;
- link directly or indirectly to or
include descriptions of goods or services that:
- are prohibited under this Agreement;
- are on our Banned Items list (located
http://www.ebanned.net/baditems.html and incorporated by reference)
- are identical to other items you have
up for auction but are priced lower than your item's reserve or minimum
- are concurrently listed for sale on a
web site other than Ebanned (this does not prevent linking to or
advertising an Ebanned item from another web site); or
- you do not have a right to link to or
include. Furthermore, you may not list any item on the Site (or
consummate any transaction that was initiated using our service) that,
by paying to us the listing fee, could cause us to violate any
applicable law, statute, ordinance or regulation.
Article 10. License. Solely to enable Ebanned to use the
information you supply us with, so that we are not violating any rights you
might have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub licensable (through
multiple tiers) right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information, in any media now
known or not currently known, with respect to Your Information. Ebanned will
only use Your Information in accordance with our
is incorporated by reference.
Article 11. Access and Interference. Ebanned does maintain
a list of all problem members. We will, at our discretion, compare Your
Information with that of the users on our blacklist. If Your Information (in
whole or in part) is found to match any of the members on our blacklist, you
will be automatically suspended from the Site. You may appeal this
suspension, however, we reserve the right to refuse Service to anyone for
Article 12. Feedback.
12.1. Integrity. You may not take any actions that may
undermine the integrity of the feedback system. This includes listing items
for the sole purpose of feedback padding. We may limit the number of bids
and listings or Site activities you may join on the Site based upon the
level of your feedback. If you earn a net feedback rating of -4 (minus
four), your membership may be suspended, and you may be unable to list or
12.2. Export. You acknowledge that your feedback consists
of comments left by other users and a composite feedback number compiled by
Ebanned, and that the composite number without the comments does not convey
your full user profile. Because feedback ratings are not designed for any
purpose other than for facilitating trading between Ebanned users, you agree
that you shall not market or export your Ebanned feedback rating in any
venue other than a Ebanned operated website.
12.3. Import. We do not provide you the technical ability
to import feedback from other websites to Ebanned because a composite
number, without the corresponding feedback does not reflect your true online
reputation within our community.
12.4. Acceptability. If
negative feedback is left it should consist only of an appropriate
explanation of the problem encountered. Feedback that is abusive or
contains foul language is not acceptable. If feedback such as this is left
the feedback will be removed (Please see our Feedback Removal Policy) and
the person's account may be suspended.
Article 13. Breach. Without limiting other remedies, we may
limit your activity, immediately remove your bids or item listings, warn our
community of your actions, issue a warning, temporarily suspend,
indefinitely suspend or terminate your membership and refuse to provide our
services to you, without warning, if:
(a) you breach this Agreement or the documents it
incorporates by reference;
(b) we are unable to verify or authenticate any
information you provide to us; or
(c) we believe that your actions may cause
financial loss or legal liability for you, our users or us.
Article 14. Spam and Unsolicited
Contact. Any use of the "ask the seller a question" feature for any
purpose other than to obtain additional information about the item in
question may result in the immediate suspension of your account and the
removal of any auctions that you currently have open without notice.
Article 15. Use. Without
limiting other remedies, we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to
provide our services to you for any reason with or without cause and with or
without prior notification.
Article 16. Privacy. We do not sell or rent your personal
information to third parties for their marketing purposes without your
explicit consent and we only use your information as described in the
view protection of users' privacy as a very important community principle.
We understand clearly that you and your information is one of our most
important assets. If you object to your Information being transferred or used in
this way please do not use our services.
Article 17. No Warranty. WE, OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES, SUPPLIERS AND ADVERTISERS PROVIDE OUR WEB SITE AND
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS
AND ADVERTISERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights that vary from state to
Article 18. Liability Limit. IN NO EVENT SHALL WE, OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND
ADVERTISERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, SUPPLIERS AND ADVERTISERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO
US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B)
$100. Some States do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
Article 19. Indemnity. You agree to indemnify and hold us
and (as applicable) our parent, subsidiaries, affiliates, officers,
directors, agents, employees and advertisers, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
Article 20. Legal Compliance. You shall comply with all
applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of our service and your bidding on, listing,
purchase, solicitation of offers to purchase, and sale of items.
Article 21.No Agency. You and
Ebanned are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
Article 22. General.
We do not guarantee continuous, uninterrupted
or secure access to our services or any of our subsidiary websites, and
operation of our site may be interrupted by numerous factors outside of our
control. You agree that this Agreement and all incorporated agreements may
be automatically assigned by Ebanned, in our sole discretion, to a third
party in the event of a merger or acquisition. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or
extent of such section. Our failure to act with respect to a breach by you
or others does not waive our right to act with respect to subsequent or
Registered members of Ebanned agree to periodic updates via email.