|
Please read PRINT (Cntrl + p) and sign the Agreement at the bottom and fax it to us at (818) 545-1271, so that we can start the transferring process, which usually takes from 7-12 days. "We Host Anyone" will charge you ONE TIME $25 for transferring the Registrar plus $19 for one year registration fee.
Please note that your domain registration period with your current Domain Registrar should be expired by the time you apply for the Transfer.
|
 |
|
Customer Agreements for Domain Name Registration Services
|
- Domain Name Registration Services. Customer's Provider ("
Provider") has indirectly selected a third party accredited
registrar, Melbourne IT Limited (the "DN Vendor") to
provide domain name registration services in the .com, .net and .org
top-level domains. Customer agrees that the following terms relating to
domain name registration services constitute an agreement not only
between Customer and Provider, but also directly between Customer and DN
Vendor. The term "register" or "registration," as
used in this Agreement, shall be read to include any initial
registration, renewal or transfer of a domain name.
- Acceptance of Applications. Provider and DN Vendor reserve the
right to reject any domain name registration application for any reason.
Customer agrees that neither Provider nor DN Vendor shall be liable for
any loss or damage that may result from such rejection.
- Representations and Warranties. Customer represents and warrants
that (i) neither the registration of the domain name nor the manner in
which it is directly or indirectly used shall infringe the legal rights
of any third party; (ii) all information provided in connection with any
domain name registration is and shall remain accurate; and (iii) that
Customer's registration and use of domain names will at all times be
consistent with all applicable laws.
- Dispute Policy. Customer agrees to be bound by the current
Dispute Policy ("Dispute Policy") and the Dispute
Policy procedures, incorporated by reference herein, for any dispute
relating to a domain name registered through Provider. Customer
understands that the Dispute Policy may change from time to time and
agrees that maintaining the registration of a domain name after such
changes or modifications to the Dispute Policy become effective
constitutes Customer's acceptance of these changes or modifications.
Without prejudice to other potentially applicable jurisdictions,
Customer submits to the jurisdiction of the courts as provided in the
Dispute Policy. The current version of the Dispute Policy may be found
at http://direct.inww.com/dispute.shtml
, together with the corresponding dispute resolution procedures and
rules ("Dispute Rules"), which may be found at http://direct.inww.com/icannprocedures.shtml.
- Fees and Payment. Customer agrees that all payment obligations
relating to any domain name registration are exclusively between
Customer and Provider, including all costs and fees for moving or
transferring such domain name. DN Vendor shall not be liable for any
refund or other payment to Customer in connection with the provision of
registration services.
Customer will be notified by the Provider when renewal fees are due. Should these fees go unpaid within the time specified in any notice or reminder
regarding renewal, Customer's registration will be cancelled.
- Required Information. As part of the registration process,
Customer will be required to provide certain information, including
without limitation contact information such as Customer's full name,
postal address, email address, telephone number and fax number, if
available ("Personal Information"). Customer agrees to
update this information promptly as needed to keep it current, complete
and accurate, and to add such additional information as Provider or its
DN Vendor may reasonably require from time to time. Customer may access
Customer's Personal Information and/or domain name registration
information to review, modify or update such information by contacting
their Provider.
CUSTOMER
AGREES THAT CUSTOMER'S WILLFUL PROVISION OF INACCURATE OR UNRELIABLE
INFORMATION, WILLFUL FAILURE PROMPTLY TO UPDATE INFORMATION PROVIDED TO
PROVIDER OR ITS DN VENDOR OR FAILURE TO RESPOND FOR MORE THAN FIFTEEN
(15) CALENDAR DAYS TO INQUIRIES CONCERNING THE ACCURACY OF CONTACT
DETAILS ASSOCIATED WITH ANY REGISTRATION SHALL CONSTITUTE A MATERIAL
BREACH JUSTIFYING CANCELLATION OF SUCH REGISTRATION.
- Use of Personal Information. Customer agrees and acknowledges
that DN Vendor and Provider will share Personal Information with each
other, with the Internet Corporation for Assigned Names and Numbers
("ICANN"), with registry administrator(s), and with other
third parties as ICANN and applicable laws and/or policies may require
or permit. Customer further agrees and acknowledges that Provider and/or
DN Vendor shall be permitted (and in some cases may be required) to make
the Personal Information publicly available, or directly available to
third party vendors, for purposes of inspection (such as through WHOIS
service), targeted marketing or other purposes as required or permitted
by ICANN and applicable laws and/or policies.
Each of Provider and DN Vendor agrees that it will not process data about any
identified or identifiable natural person that it obtains from Customer in a way incompatible with the purposes and other limitations described in this agreement, and will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized
access or disclosure, alteration or destruction.
- Third Party Information. In the event that Customer provides
information about a third party in the course of any registration,
Customer hereby represents and warrants that Customer has (i) provided
notice to that third party of the disclosure and use of the party's
information, and (ii) obtained that third party's express consent to the
disclosure and use of that party's information as set forth herein. If
Customer is registering a domain name for someone else, Customer
represents and warrants that Customer has the authority to bind that
person as a principal to all terms and conditions herein, including the
Dispute Policy. If Customer licenses or otherwise permits third parties
to use the domain name, Customer will remain the responsible contracting
party hereunder and the domain name holder of record, and will be
responsible for all obligations under this agreement, including but not
limited to payment obligations, and providing (and updating, as
necessary) both Customer's own full contact information and accurate
technical, administrative, billing and zone contact information adequate
to facilitate timely resolution of any problems that arise in connection
with the domain name and domain name registration.
- Changing Registrars. Under governing ICANN policies, domain name
registrations may not be transferred to another registrar within sixty
(60) days of initial registration. In addition, a transfer of a domain
name registration to another registrar will be subject to the applicable
registry's transfer policies.
- Change of Ownership. If Customer wishes to transfer any domain
name to another person or entity, Customer may request ownership
transfer services by requesting a domain name ownership transfer by
contacting the Provider. Customer acknowledges and agrees that as a
condition of any such transfer of ownership, the entity to which the
domain name is transferred shall agree to be bound by all terms and
conditions herein, the Dispute Policy and its accompanying rules and
procedures, and all then-current DN Vendor, ICANN, or Provider policies
relating to domain name registration.
- Modifications. Customer agrees that these terms and conditions
relating to registration services (including the Dispute Policy) may be
revised. Any such revision will be binding and effective immediately on
posting of the revised terms on either the DN Vendor's or Provider' Web
site. Customer agrees to review these Web sites periodically to be aware
of any such revisions. The continued use of any domain name registered
shall constitute Customer's acceptance of such revisions. IF CUSTOMER
DOES NOT AGREE TO ANY SUCH REVISIONS, CUSTOMER'S SOLE REMEDY SHALL BE TO
REQUEST THAT A DOMAIN NAME REGISTRATION BE CANCELED OR TRANSFERRED TO A
DIFFERENT DOMAIN NAME REGISTRAR.
- Breach and Revocation. Each of Provider and DN Vendor reserves
the right to suspend, cancel, transfer or modify any domain name
registration immediately: (i) in the event Customer breaches any
provision of this Agreement (including the Dispute Policy); (ii) as
required or permitted by the Dispute Policy or any ICANN or registry
policy or procedure; (iii) to correct any errors by DN Vendor, or any
other registrar or the registry administrator; (iv) in order to resolve
disputes concerning the domain name; or (v) in response to an order from
a court of competent jurisdiction, or arbitration award.
- Domain Name Registrar Transfers. If Customer is transferring a
domain name from a different domain name registrar of record to Provider
and its DN Vendor, the following terms shall apply: In making the
transfer request, Customer represents and warrants that: (i) Customer is
the rightful holder of the registration for the domain name(s) to be
transferred; (ii) Customer is not in default with respect to any
obligations owed to the current registrar of record; (iii) Customer is
not the subject of any pending bankruptcy proceeding; (iv) the domain
name(s) are not currently the subject of any dispute or collection
effort, including any attachment, levy, lien, garnishment, escrow or
other proceedings; (v) Customer is legally authorized to request the
transfer; and (vi) more than 60 days have passed since the domain name(s)
was registered, transferred to a new registrar, or renewed. Customer
agrees that neither Provider nor its DN Vendor will have any
responsibility for any obligations owed to the current registrar of
record for the domain name(s) transferred, and Customer will be
responsible for any costs that Provider or its DN Vendor may incur in
resolving any claims brought by any third party (including the current
registrar of record) relating to this transfer. Customer hereby
authorizes Provider and its DN Vendor to take all actions reasonably
necessary to transfer the domain name(s), including contacting and
updating registration information with the current registrar of record
and the registry.
- Disclaimer of Liability. To the extent permitted by law, Customer
agrees that neither Provider nor DN Vendor, nor any of their respective
suppliers or service providers, has any liability to the Customer for
any loss Customer may incur in connection with the processing of any
registration, or the processing of any authorized modification to the
domain name's record during the covered period, or the failure by the
Customer's agent to pay either the registration fee or renewal fee, or
as a result of the application of the provisions of the Dispute Policy.
- Indemnity. In addition to any indemnification obligation that
Customer may owe to Provider hereunder, Customer agrees to indemnify,
keep indemnified and hold DN Vendor and any registry administrator, and
their respective directors, officers, employees and agents, harmless
from and against all and any and all claims, damages, liabilities, costs
and expenses (including reasonable legal fees and expenses) arising out
of or relating to Customer's domain name registration or to the
Customer's use of the domain name.
|
| CUSTOMER
AGREES THAT THE DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED ON AN
"AS IS," "AS AVAILABLE" BASIS. PROVIDER, DN VENDOR
AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER, DN
VENDOR AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE
NO WARRANTY THAT THE DOMAIN NAME REGISTRATION SERVICES WILL MEET
CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES PROVIDER, DN VENDOR OR ANY OF
THEIR RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REGISTRATION
SERVICES. WITHOUT ANY LIMITATION TO THE FOREGOING, PROVIDER, DN VENDOR
AND EACH OF THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT REGISTRATION OR USE OF A
DOMAIN NAME UNDER THIS AGREEMENT WILL PROTECT CUSTOMER EITHER FROM
CHALLENGES TO ANY DOMAIN NAME REGISTRATION OR FROM SUSPENSION,
CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO CUSTOMER. |
| NEITHER
PROVIDER, DN VENDOR NOR ANY OF THEIR RESPECTIVE SUPPLIERS OR SERVICE
PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF
THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER
AGREES THAT PROVIDER', DN VENDOR'S AND THEIR RESPECTIVE SUPPLIERS' AND
SERVICE PROVIDERS' ENTIRE AGGREGATE LIABILITY, AND CUSTOMER'S EXCLUSIVE
REMEDY, WITH RESPECT TO ANY REGISTRATION SERVICES PROVIDED UNDER THIS
AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE
AMOUNTS PAID FOR SUCH SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY
LAW. |
| Provider's
and DN Vendor's suppliers and service providers are hereby named as
express third party beneficiaries with respect to any limitations on
liability, disclaimers, indemnities, and other provisions that may limit
any obligation that might otherwise be owed to Customer contained
herein. |
|
| Fax:
(818) 545-1271 |
| Customer Name:___________________________ |
| Domain Name:_____________________________ |
| E-Mail Address:____________________________ |
| Customer Signature:________________________ |
| Date:_________________________ |
|