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Templates
Resource
Domain Name Transfer Agreement |
This Domain Name Transfer
Agreement ("Agreement")
is by and between Templates
Resource ("Templates Resource")
a/an individual and You, Your
heirs, agents, successors and
assigns ("You"),
and is made effective as of
the date of electronic execution.
This Agreement sets forth the
terms and conditions of Your
use of Templates Resource's
Domain Name Transfer and represents
the entire agreement between
You and Templates Resource.
This Agreement sets forth the
terms and conditions of transferring
a registered domain name from
any other Registrar TO Templates
Resource (as "Registrar").
By participating in this transaction,
You acknowledge that You have
read, understand and agree
to be bound by all the terms
and conditions of this Agreement,
including our dispute
policy, along with any
new, different or additional
terms, conditions or policies
including the Universal Terms
of Service which Templates
Resource may establish from
time to time. Such Agreements
may be found here.
In addition
to transactions entered into
by You on Your behalf, You also
agree to be bound by the terms
of this agreement for transactions
entered into on Your behalf by
anyone acting as Your Agent,
and transactions entered into
by anyone who uses the account
You've established with Templates
Resource, whether or not the
transactions were in Your behalf.
You acknowledge that Templates
Resource's acceptance of any
application made by You for services
provided by Templates Resource
will take place at the Internet
Corporation for Assigned Names
and Numbers ("ICANN")
accredited registrar's offices
located in Scottsdale, Arizona,
USA.
You acknowledge
that Templates Resource or its
licensor is a registrar bound
by an agreement between Templates
Resource or its licensor and
the Internet Corporation for
Assigned Names and Numbers ("ICANN").
You agree that Templates Resource
or its licensor may modify this
agreement in order to comply
with applicable law and the terms
and conditions set forth by the
Internet ICANN and/or the Registry
Administrator chosen by ICANN,
as well as any registration rules
or policies that may be published
from time to time by Templates
Resource or its licensor.
This Document
will be effective upon acceptance
of the Registration and Transfer
agreements in Step 3 of the Online
Transfer Application process. |
1. Steps for Transferring Your
Domain Name Registration |
NOTE: Once
the transfer is complete, you
will be able to RENEW, MODIFY
DNS, and perform other functions
by logging into Your Account
Manager. Complete all required
information requested through
the online transfer application,
i.e. contact information, nameserver
information, etc. Proceed through
to the shopping cart and pay
for your transfer(s). Update
your Administrative Contact's
email address at your current
registrar. We will be contacting
the Administrative Contact's
email address for transfer approval.
The transfer will only be initiated
upon approval from your Administrative
Contact. Once initiated, a transfer
will be accepted or denied by
the losing registrar within 5
days. |
2. Failed or Rejected Transfer
Requests |
Templates Resource may elect
to accept or reject your domain
name transfer application for
any reason at its sole discretion.
Rejections may include, but
are not limited to: The current
Registrar rejected the transfer.
The original registration took
place less than sixty (60)
days prior to the transfer
request. The domain name has
been placed in a locked status
by either the Registry or by
the losing registrar. The domain
was transferred to Templates
Resource less than sixty (60)
days prior to the transfer
request. The domain name expired
but was not renewed. The domain
name expired and was renewed
during the forty-five (45)
day grace period, and the forty-five
(45) day grace period has not
yet passed. The Domain Name
Registrant was changed less
than sixty (60) days prior
to the transfer request. Any
pending bankruptcy of the current
domain name holder. Any dispute
over the identity of the domain
name holder. Any situation
described in the Dispute Policy.
Transfer orders over thirty
(30) days old.
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3. Terms for Transferring Domain
Names |
Upon successful
transfer, Templates Resource
shall become the Registrar of
Record. You will still be the
Registrant of the domain -- Templates
Resource will become the Registrar
of the domain name. Your registration
will be automatically extended
by one year. Domain name registration
transfers may only be initiated
once acceptance of the transfer
agreement is recorded, payment
is made and the Administrative
contact has responded positively
to our email message asking for
Permission to Transfer. The email
message asking for Permission
to Transfer will be sent to the
Domain Name(s) Administrative
Contact as identified in the
previous Registrar's WHO-IS database.
You agree to retain a copy for
Your own records of the receipt
for purchase of Your domain name.
The Administrative Contact will
be acting on behalf of the Registrant
and has legal authority to initiate
this transfer request. You are
responsible for updating the
Administrative Contact's email
as identified in the previous
Registrar's WHO-IS database. |
4. Transfers of Recently Renewed
Domain Names |
You understand that if you
are transferring a domain name
that has been recently renewed
there is the potential that
the renewal year will be lost.
The renewal year will be lost
if: the domain name was renewed
during the forty-five (45)
day grace period after the
expiration date had passed;
and forty-five (45) days have
not yet passed since that expiration
date. You understand and agree
that Templates Resource is
not responsible for this lost
year and that Templates Resource
will not credit that year to
your domain. You will need
to review the registration
agreement you have with your
previous registrar to determine
if you are due a refund or
credit for the lost year. Please
contact your previous registrar
if you have any questions about
the lost year. You understand
and agree that Templates Resource
will not intervene in the recovery
of any such lost registration
years that occur during the
transfer of your domain name.
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5. Limitation of Liability |
YOU AGREE THAT Templates Resource
WILL NOT BE LIABLE FOR: ANY
SUSPENSION OR LOSS OF THE DOMAIN
NAME REGISTRATION IN YOUR NAME
USE OF YOUR DOMAIN NAME REGISTRATION
BY YOU OR OTHERS, WHETHER OR
NOT AUTHORIZED BY YOU TO HAVE
SUCH USE INTERRUPTION OF BUSINESS
ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THIS SITE OR THE WEB SITE(S)
YOU ACCESS BY THE DOMAIN NAME
REGISTERED IN YOUR NAME DATA
NON-DELIVER, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION EVENTS BEYOND
Templates Resource 'S REASONABLE
CONTROL THE PROCESSING OF THIS
APPLICATION OF THE DISPUTE
POLICY Templates Resource 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), BREACH OF WARRANTIES,
EITHER EXPRESS OR IMPLIED,
OR OTHERWISE, EVEN IF Templates
Resource ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES
MAY NOT ALLOW SUCH A BROAD
EXCLUSION OR LIMITATION OF
LIABILITY FOR DAMAGES, AS CONTAINED
HEREIN; IN SUCH STATES, OUR
LIABILITY IS LIMITED TO THE
FULL EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL Templates
Resource MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR REGISTRATION
OF A DOMAIN NAME.
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6. Indemnification |
You agree
to defend, indemnify, and hold
harmless Templates Resource for
any loss, damages, or costs,
including reasonable attorneys'
fees, resulting from any third
party claim, action, or demand
related to the registration or
use of the domain name registered
in your name. This indemnification
is in addition to any indemnification
required of you under the Dispute
Policy. |
7. Data for Domain Transfer |
You understand
that this is a request for a
domain name transfer of registrars.
By acceptance of this Transfer
Agreement, you are requesting
that the domain name registration
be transferred from the current
registrar to Templates Resource
. As the current authorized Registrant
of the domain name(s), you agree
to authorize this transfer by
notifying your Administrative
contact of his/her responsibilities
with respect to this transfer.
You acknowledge that you and
Templates Resource have entered
into a Domain Name Registration
Agreement (hereinafter referred
to as "Registration Agreement").
You have read, understood, and
agree to be legally bound by
the agreements that govern all
domain names registered through
Templates Resource as found on
the legal agreements page, including
the Domain Name Registration
Agreement ; the dispute
policy ; this Agreement;
any Templates Resource policies
and procedures that are or may
be published from time to time
by Templates Resource , ICANN,
and/or the Registry Administrator
chosen by ICANN. |
8. Other Venue |
Agreement shall be governed
by, and construed and enforced
in accordance with, the internal
laws of the State of Arizona
applicable to contracts made
and to be performed wholly
therein, without regard to
principles of conflicts of
laws. Venue for any dispute
shall be in Phoenix, Arizona
and each party expressly consents
in the jurisdiction of the
federal and state courts located
in Maricopa County, Arizona.
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Notices |
All notices
and other communications under
this Agreement shall be in writing
to Domain Transfer Dept, 14455
North Hayden Rd., Suite 219,
Scottsdale, AZ, 85260. |
Entire Agreement |
This Agreement,
together with all Exhibits hereto,
constitutes the entire understanding
and agreement of the parties
with respect to its subject matter,
and supersedes all prior understandings
and agreements, whether written
or oral, with respect to such
subject matter. No waiver, modification
or amendment of any provision
of this Agreement will be effective
unless it is in writing and signed
by the parties without limiting
the foregoing, no waiver shall
be implied by or deemed to have
occurred on account of any course
of conduct or dealing. No additional
or different terms provided in
any purchase order or acceptance
or similar document shall be
binding unless executed by authorized
representatives of both parties |
Revised:
4/17/2006
Copyright
© 2004-2006 All Rights
Reserved.
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