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Legal Notices
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Transfer Agreement
TRANSFER AGREEMENT
This Transfer Agreement ("Agreement") sets
forth the terms and conditions under which you, the domain name holder,
may transfer your domain name registration to #1 Domain Names
International for any .com, .net or .org domain name. By
checking the "I have read and agree to #1 Domain
Names International's Transfer Policy" box, you
acknowledge and agree that you have read and agree to the terms and
conditions of this Policy, the appropriate
Registration Agreement, the accompanying dispute policy, and any rules or
policies that are or may be published by #1 Domain Names International,
Inc. from time to time.
The Registration Agreement(s) can be found at
http://www.1dni.com/legal-notices.htm, and the accompanying
Dispute Policy can be found at
http://www.1dni.com/legal/dispute-policy.htm.
Please note that this Agreement will become effective when
accepted by #1 Domain Names International #1 Domain Names
International may elect to accept or reject your
application for any reason at its sole discretion. If your transfer
request is accepted, and your domain name registration is transferred to
#1 Domain Names International, the Registration Agreement and Dispute Policy will apply to
your domain name registration.
1. Terms of Transfer
When you transfer your domain name registration to
#1 Domain Names International you will be required to extend your existing registration for
one year from the date your existing registration is set to expire,
provided that the total unexpired term of a registration does not exceed
ten (10) years. This additional year applies regardless of the period
remaining on your current registration. You will not lose any of the time
remaining on your current registration. Once the transfer has been
authorized and processed, #1 Domain Names International shall immediately become the
Registrar of record.
2. Initiation of Transfer
Only the authoritative holder of the domain name
registration may initiate a request to transfer that domain name
registration from another Registrar to #1 Domain Names International You hereby represent
that you have the full and complete authority as the holder of the domain
name registration to initiate this transfer. #1 Domain Names
International, at its sole
discretion, may require you to provide documentation that proves that you
are the authoritative domain name holder and that you have initiated this
transfer request.
The request to transfer a domain name registration from
one Registrar to another may be denied (a) during the first 60 days after
initial registration of the domain name with the original Registrar, (b)
in accordance with circumstances described in the Domain Name Dispute
Policy, (c) if there is a pending bankruptcy of the domain name holder,
(d) if there is a dispute over the identity of the domain name holder, (e)
by operation of law or (f) at the discretion of the then current
Registrar. (g) at the discretion of #1 Domain Names International
3. Fees
As consideration for the transfer of the domain name
registered in your name to #1 Domain Names International, you agree to pay
#1 Domain Names International, Inc.,
upon submission of your registrar transfer application to #1 Domain Names
International,
the then-current fees set forth in the #1 Domain Names International price schedule for
such services. (Click
here to view #1 Domain Names International's current price schedule.)
#1 Domain Names International
reserves the right to change fees, surcharges, renewal fees or to
institute new fees at any time, for any reason, at its sole discretion.
Your registrar transfer request will not be processed
unless we receive actual payment of the transfer fee, or reasonable
assurance of payment of the transfer fee from some other entity (such
reasonable assurance as determined by #1 Domain Names International in its sole
discretion).
If a charge
back by a credit card company (or similar action by another payment provider
allowed by #1 Domain Names International) is to occur in connection
with the transfer fee for your domain name transfer request, you acknowledge
and agree that the domain registration shall be transferred to #1 Domain
Names International as the paying entity for that registration to
the registry. We will reinstate your domain registration only at our discretion
and you (the registrant) are liable for the initial reinstatement fee, which at
the present time is set at US$100.00.
4. Limitation of Liability
YOU AGREE THAT #1 Domain Names
International WILL NOT BE LIABLE, UNDER ANY
CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR
DOMAIN NAME REGISTRATION, (b) INTERRUPTION OF BUSINESS, (c) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE
DOMAIN NAME REGISTERED IN YOUR NAME, (d) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (e) EVENTS BEYOND
#1 Domain Names International'S REASONABLE CONTROL, OR (f) THE PROCESSING OF THE TRANSFER
OF THE DOMAIN NAME REGISTERED IN YOUR NAME TO #1 Domain Names
International. #1 Domain Names International
ALSO WILL NOT 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 #1 Domain Names International HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL #1 Domain Names International,
Inc.'s MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO
EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
5. Indemnification of #1 Domain
Names International
You agree to defend, indemnify and hold harmless
#1 Domain Names International for any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim, action, or demand
related to breach of your representations and warranties hereunder or the
transfer of the domain name registered in your name. This indemnification
is in addition to any indemnification required under the appropriate
Policy or Dispute Policy.
6. Representations and Warranties
You represent and warrant that all information provided by
you in connection with the transfer of the domain name you are seeking to
transfer is accurate and current. WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH
THIS AGREEMENT OR THE TRANSFER OF THE DOMAIN NAME YOU ARE SEEKING TO
TRANSFER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
7. Governing Law
Other than
regulations stated in the
Dispute Policy and
this Agreement, your rights, liabilities, and actions set forth by this Agreement,
are controlled by the laws of the United States of America and the State of
West Virginia (as if completely entered into and completely performed in the
state of West Virginia). Unless otherwise stated in the
Dispute Policy with respect to disputes, any
claim to enforce this Agreement or any matter involved with your use of the
#1 Domain Names International site, will be enforced in the United States
District Court for West Virginia, or if there is not a jurisdiction in such
court, a state court in Monroe County, WV.
8. General
You agree and acknowledge that any acceptance of your
application to transfer the domain name registered in your name and the
performance thereof will occur at our offices in Monroe County, West
Virginia, the
location of our principal place of business. Nothing contained in this
Agreement shall be construed as creating any agency, partnership, or other
form of joint enterprise between the parties.
The failure of #1 Domain Names
International to require your performance of
any provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by #1 Domain
Names International
of a breach of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of this Agreement shall
be unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not
render this Agreement unenforceable or invalid as a whole. #1 Domain
Names International
will amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, the original
objectives and intent of #1 Domain Names International as reflected in the original
provision.
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