1. Acceptance of these terms
These Terms of Service (the “Terms”) govern your use of nsfwnames.com and any related pages we operate (the “Site”). The Site is operated by Trufaco LLC, a limited liability company based in San Diego, California (“Trufaco”, “we”, “us”). NSFW Names is a trading name of Trufaco LLC.
By using the Site you agree to these Terms. If you do not agree, please do not use the Site. You must be at least 18 years old, of legal age where you are, and able to enter a binding contract.
The Site lists adult domain names. It shows names only, with no adult images or media, but the names themselves are adult in nature. Do not use the Site if that content is unlawful where you are, or if you do not want to see it.
2. What Trufaco is, and what it is not
Trufaco is a domain name holding company. We buy domain names, hold them, and sell names from our own portfolio. Everything listed on the Site is inventory we own or control.
To be explicit about what we are not:
- We are not a domain registrar. We do not register, renew or manage domains on your behalf.
- We are not a broker or agent acting for a third-party seller.
- We are not an escrow agent. We never hold your funds. See section 4.
- We are not a lender or finance provider. See section 5.
- We do not offer accounts, and the Site has no login.
3. Listings, prices and availability
A listing on the Site is an invitation to inquire. It is not a binding offer to sell, and it does not create a contract until a purchase completes as described in section 4.
- Prices shown are in US dollars and may change at any time without notice.
- Where we show a lower “direct” price alongside a marketplace list price, the difference reflects the commission we would otherwise pay a marketplace. It is a genuine discount, not a comparison against an inflated figure.
- A name may be sold, withdrawn or repriced between the time a page is generated and the time you inquire. Pages are built from our database periodically, so information may be out of date.
- Some names in our portfolio are in use by us and are not for sale. Those are not listed.
- We may decline any inquiry or refuse any sale, for any lawful reason.
4. How a purchase completes
Purchases do not complete on this Site. There is no checkout here, and we never take payment directly through the Site.
A purchase completes in one of two ways:
- Through a marketplace. Most of our names are listed on Afternic, which is operated by GoDaddy LLC. If you buy through Afternic, that transaction is governed by GoDaddy’s and Afternic’s terms, and payment is held in escrow by them until the transfer completes.
- By direct agreement with us. If you buy direct, we will agree the price with you in writing and complete through a third-party escrow service. Funds go to the escrow provider, not to Trufaco, and the name is released only when the provider confirms the funds have cleared.
In both cases the escrow provider is a separate company with its own terms and fees. We are not responsible for their service, and any dispute about the handling of escrowed funds is between you and that provider.
Transfers are made by pushing the name to your registrar account. Timing depends on the registrar and, for some transfers, on registry rules we do not control. Where we describe typical timings on the Site, those are estimates and not guarantees.
5. Lease to own
Some names may be available on a lease-to-own basis, where you pay in monthly installments and take ownership on the final payment.
Lease-to-own is offered and administered by GoDaddy LLC, through Afternic. It is not a credit arrangement with Trufaco. Specifically:
- GoDaddy sets up and collects the installments. We do not collect your payments and we do not hold your funds.
- The terms of the lease - including what happens if a payment is missed or late, who controls the domain during the term, and when ownership transfers - are set out in the agreement you enter with GoDaddy, and that agreement governs.
- Trufaco’s role is as the seller of the name.
- Where the Site describes lease terms, such as the number of installments or the absence of interest, that description reflects the program as we understand it. The controlling document is your agreement with GoDaddy, and if the two differ, theirs applies.
If you want to lease a name that is not currently set up for it, contact us and we will tell you whether it is possible.
6. Inquiries, and no agency
When you send an inquiry through the Site, you are asking us to contact you. You are not making a binding offer, and we are not accepting one. Nothing in an inquiry, and nothing in our reply, creates an agency, partnership, employment or joint venture relationship.
Please do not send confidential information through the inquiry form. See our Privacy Policy for what we do with what you send.
7. Intellectual property
The Site’s design, text, layout and code are owned by Trufaco or used with permission, and are protected by copyright. You may not copy, republish or reuse substantial parts of the Site without our written permission.
Domain names themselves are not trademarks, and listing a name is not a claim that we own any trademark in it, nor advice that your use of a name would be lawful. You are responsible for satisfying yourself that your intended use of a name does not infringe anyone’s rights. If you need certainty, take trademark advice before you buy.
8. Third-party services and links
The Site links to and relies on services operated by other companies, including Afternic and GoDaddy for listings and transactions, escrow providers, and the infrastructure providers described in our Privacy Policy. We do not control those services and we are not responsible for their content, terms or availability.
9. Acceptable use
You agree not to: scrape, crawl or bulk-download the Site except as permitted by our robots directives; attempt to gain unauthorized access to any part of the Site or its infrastructure; interfere with its operation; submit false or misleading information; or use the inquiry form to send unsolicited commercial messages.
10. Disclaimers
Nothing on the Site is legal, tax, financial or investment advice. Domain names are not an investment product, and we make no representation about the future value of any name.
11. Limitation of liability
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limitations above apply only to the extent permitted.
12. Indemnification
You agree to indemnify and hold harmless Trufaco LLC and its members, officers and agents from any claim, loss, liability or expense (including reasonable legal fees) arising from your use of the Site, your breach of these Terms, or your use of any domain name acquired from us, including any claim that your use of a name infringes a third party’s rights.
13. Dispute resolution and binding arbitration
Please read this section carefully. It affects your legal rights, including your right to bring a claim in court and to participate in a class action.
13.1 Informal resolution first
Before starting arbitration, you agree to try to resolve the dispute informally. Send a written notice to info@trufaco.com describing the dispute and the relief you want. We will do the same for any claim we have against you. Both parties agree to negotiate in good faith for 60 days from that notice before commencing arbitration.
13.2 Agreement to arbitrate
If the dispute is not resolved within those 60 days, you and Trufaco agree that any dispute arising out of or relating to these Terms or the Site will be resolved by final and binding individual arbitration, and not in court, except as stated in 13.4 and 13.6.
The arbitration will be administered by JAMS under its Streamlined Arbitration Rules, or by another established arbitration provider the parties agree on in writing. The arbitration will take place in San Diego County, California, or by videoconference or on documents alone if you prefer. The arbitrator’s decision may be entered as a judgment in any court of competent jurisdiction.
13.3 Costs
Each party pays its own legal fees. Filing and administrative fees will be allocated under the arbitration provider’s rules; where those rules would require you to pay a fee that exceeds what it would cost to file the same claim in a California court, Trufaco will pay the difference. This does not limit an arbitrator’s power to award fees where a claim is found to be frivolous.
13.4 Small claims and injunctive relief
Either party may bring an individual claim in small claims court instead of arbitration, if it qualifies. Either party may also seek injunctive relief in court to stop infringement or misuse of intellectual property.
13.5 Class action waiver
Claims must be brought individually. You and Trufaco each waive any right to bring or participate in a class, collective, consolidated or representative action, and an arbitrator may not consolidate claims or preside over any form of representative proceeding.
13.6 Your right to opt out
You may reject this arbitration agreement by emailing info@trufaco.com with the subject line “Arbitration Opt-Out” within 30 days of the date you first use the Site. Include your name and the email address you would use to contact us. Opting out affects nothing else in these Terms, and we will not treat it as a reason to refuse to deal with you. If you opt out, disputes will be resolved in the courts identified in section 14.
13.7 Severability
If the class action waiver in 13.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in the courts identified in section 14, and the rest of this section 13 will continue to apply to all other claims. If any other part of this section 13 is found unenforceable, the remainder will continue to apply.
14. Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you and Trufaco agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.
15. Changes to these terms
We may update these Terms. When we do, we will change the “Last updated” date at the top of this page. Continuing to use the Site after a change means you accept the updated Terms. If a change materially reduces your rights, and we hold an email address for you, we will make reasonable efforts to tell you.
16. General
If any provision of these Terms is held unenforceable, the rest remain in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with any written agreement covering a specific purchase, are the entire agreement between us about the Site.
17. Contact
Trufaco LLC
San Diego, California, United States
Email: info@trufaco.com
Telephone: +1 858 634 2536