Last updated: October 17, 2025
1. Introduction
Welcome to AtomPay by Atom. By accessing or using AtomPay to buy, sell, broker, lease, or otherwise transfer domain names (each, a “Transaction”), you agree to these Terms and Conditions (the “Terms”). If you do not agree, do not use the Services. Atom may update these Terms as described below.
AtomPay (nor Atom) is not a bank, escrow company, law firm, or fiduciary. Atom provides payment processing and Transaction workflow tools using third‑party processors. Funds are held for processing purposes only and may be subject to holds, reserves, or reversals under these Terms.
2. Definitions
“Services” means Atom’s websites, applications, payments and Transaction management tools.
“Payment Account” means the account with Atom's third‑party processor(s) used to collect, hold, and disburse Transaction funds.
“Registrar” means the ICANN‑accredited registrar of record for a domain.
“Transfer Confirmation” means Atom’s confirmation (manual or automated) that domain control has passed to Buyer, based on objective verification steps defined by Atom.
“Chargeback” means any reversal, dispute, or recall of funds (including card, ACH, wire recall, or crypto network reorg/rollback), and any fraudulent or unauthorized payment.
3. Eligibility and Account Setup
You must be at least 18 years old, have a verified Atom.com account in good standing, and pass know‑your‑customer (KYC), know‑your‑business (KYB), sanctions/OFAC screening, and any enhanced due diligence (EDD) we require. Atom may refuse, suspend, or terminate access at any time for risk reasons, which are determined at the sole desertion of Atom.com.
You represent you are not located in, organized in, or a resident of a country or territory subject to comprehensive U.S. sanctions and are not a Sanctioned Person.
You consent to transact electronically under the U.S. E‑SIGN Act and the Illinois Uniform Electronic Transactions Act (UETA, 815 ILCS 333/1 et seq.) and to receive notices electronically.
4. How AtomPay Works
Buyers and Sellers agree to the commercial terms within the Services or a written order form incorporated by reference. Buyer pays Atom via supported methods. Atom may place a hold or reserve on funds and will release funds only after Transfer Confirmation, subject to Chargeback risk windows and these Terms. Atom may use DNS record checks, registrar transfer codes, registrar change logs, WHOIS/RDAP data, and other signals to verify control.
5. Payment Options
Supported methods may include card, ACH, wire, or cryptocurrency (each subject to availability, limits, per‑Transaction caps, network fees, and risk review).
For cryptocurrency payments, the exchange rate is determined at the time of payment initiation as displayed in the Services. Network fees, confirmations, and chain finality are Buyer’s responsibility. Over/under‑payments due to volatility may be handled via supplemental payments or refunds net of fees in Atom’s discretion. Refunds for crypto will be made in fiat or crypto at Atom’s discretion and may reflect current exchange rates, not historical rates.
6. Fees & Payment Terms
Atom charges Transaction fees, installment management fees, payment method fees, and network fees as disclosed in the Services at checkout or in an order form. Fees are non‑refundable except where prohibited by law or expressly stated otherwise.
Atom may withhold, delay, or claw back any payout to Seller to cover Chargebacks, disputes, fraud investigations, or unpaid fees, and may establish a reserve for a period Atom deems necessary in its discretion to cover potential Chargeback windows, reversals, fraud investigations, or other contingent liabilities (which may be 180 days or longer from the date of the Transaction).
Taxes are your responsibility. Where required, Atom may collect, withhold, and/or report amounts (including IRS Forms 1099‑K/1099‑MISC) and may request taxpayer information (e.g., Form W‑9/W‑8). Failure to provide may delay or prevent payouts.
7. Domain Transfer and Seller Responsibilities
Seller represents and warrants that: (a) Seller is the sole lawful registrant or authorized agent with full authority to transfer; (b) the domain is free of liens, security interests, royalty obligations, licenses, restrictions, or adverse claims; (c) there is no pending or threatened UDRP/URS, court order, or registrar/registry hold; (d) WHOIS/RDAP information is accurate; (e) the domain does not infringe third‑party rights (including trademarks) and has not been acquired by fraud; and (f) no malware, phishing, or abusive content is or has recently been hosted at the domain.
Seller must prove control using DNS TXT record, EPP/Auth code, registrar push, or other verification specified by Atom within 72 hours (or another deadline set by Atom).
Seller will cooperate with registrar(s) and provide all information reasonably requested to complete transfer.
If Seller fails to comply, Atom may cancel the Transaction, refund Buyer, retain or assess fees, and restrict Seller’s account.
8. Transfer Confirmation
Transfer is deemed complete upon Transfer Confirmation by Atom, which may include (i) successful registrar change of registrant, (ii) registrar push to Buyer’s account, (iii) control verification via DNS, or (iv) other objective signals. Atom’s determination in good faith controls payout timing.
9. Refund and Cancellation Policy
Buyer is eligible for a refund of the purchase price paid to Atom (less non‑recoverable third‑party fees) if Seller fails to complete the transfer by the deadline or Atom determines fraud or material misrepresentation.
No refunds are available after Transfer Confirmation, except where required by law or under the Chargeback process.
In the event of a Chargeback or dispute, Atom may reverse payouts, debit Seller’s balance, collect from Seller’s payment method, or require reimbursement. Seller must assist Atom in defending any Chargeback.
10. Security & Verification
Users agree to identity verification (including government ID, business formation documents, beneficial ownership information, proof of domain control), transaction monitoring, and additional screening for higher‑risk Transactions. Atom may delay, restrict, or cancel Transactions to comply with law, court orders, or risk policies and may share information with law enforcement or registrars to investigate fraud.
11. Prohibited Activities
You may not use the Services for: (a) illegal activity; (b) sanctions evasion; (c) stolen, hijacked, or infringing domains; (d) deceptive practices under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/; (e) phishing, malware, or abusive content; (f) structuring or money laundering; (g) Transactions intended to circumvent registrar/registry rules or intellectual property rights. Atom may report suspicious activity and retain evidence.
12. Broker Role and Disclosures
Brokers using Atom represent they have authority from Buyer and/or Seller and will not misrepresent fees or markups. Where disclosure options are provided (e.g., Confidential; Transparent to Buyer Only; Transparent to Seller Only; Transparent to Buyer and Seller), Broker must comply with selections and applicable law. Atom may share necessary information with counterparties to prevent fraud and confirm legitimacy of the Transaction.
13. Data Privacy
Atom processes personal data as described in its Privacy Policy. You consent to screening and data sharing with payment processors, sanctions/AML vendors, registrars, and law enforcement for fraud prevention and legal compliance.
14. Intellectual Property & Acceptable Use (Domains)
Seller indemnifies Atom and Buyer for claims that the domain infringes third‑party rights, was stolen, or was transferred without authority, including reasonable attorneys’ fees. Atom may withhold or claw back Seller payouts in connection with such claims.
15. Limitation of Liability
To the maximum extent permitted by law, Atom disclaims all implied warranties and limits liability to the greater of (i) the fees you paid to Atom for the Transaction giving rise to the claim in the 12 months preceding the claim, or (ii) US $1,000. Atom will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or loss of profits, data, or goodwill, even if advised of the possibility. These limits do not apply to Atoms fraud, willful misconduct, or violations of applicable law.
16. Indemnification
You agree to defend, indemnify, and hold harmless Atom, its affiliates, and their officers, directors, employees, and agents from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of (a) your breach of these Terms; (b) your fraud or misrepresentation; (c) your violation of law; (d) any claim that a domain you listed or transferred was stolen, infringing, or transferred without authority; or (e) Chargebacks or payment reversals related to your Transactions.
17. Right to Freeze, Offset, and Recover
Atom may freeze funds, delay payouts, offset amounts you owe against any funds held or future payouts, debit your payment method, and engage collection efforts (including assignment to third‑party collectors) for negative balances or fraud losses.
18. Termination; Suspension
Atom may suspend or terminate access immediately for risk, non‑payment, suspected fraud, legal process, or policy violations. Upon termination, open Transactions may be cancelled and funds handled per these Terms. Sections that by nature should survive (including Fees, Indemnification, Liability Limits, Dispute Resolution, Governing Law) survive termination.
19. Governing Law; Venue; Arbitration
These Terms are governed by the laws of the State of Illinois, without regard to conflict‑of‑laws rules. Any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and venue of arbitration is Cook County, Illinois. Judgment on the award may be entered in any court of competent jurisdiction. You and Atom agree that claims must be brought individually, not as a class or representative action. Either party may seek temporary or preliminary injunctive relief in state or federal courts in Cook County, Illinois to protect intellectual property or prevent misuse of the Services, without waiving arbitration.
20. Notices
Notices to Atom must be sent to the physical address posted in the Services with a copy by email. Notices to you may be delivered via email or in‑product, and are deemed given when sent.
21. Changes to Terms
Atom may modify these Terms by posting an updated version with a revised “Last updated” date. Material changes will be notified via the Services or email at least 10 days in advance where required by law. Continued use after the effective date constitutes acceptance.
22. Miscellaneous
You may not assign these Terms without Atom’s prior written consent; AtomPay may assign. If any provision is unenforceable, the remainder remains in effect. These Terms plus incorporated policies constitute the entire agreement. Failure to enforce is not a waiver. Headings are for convenience only.