HostingDude.com Domain Name Change of Registrant Agreement
This Domain Name Change of Registrant Agreement ("Agreement") is by and between HostingDude.com ("HostingDude.com") 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 HostingDude.com's Change of Registration and represents the entire agreement between You and HostingDude.com. This Agreement sets forth the terms and conditions of transferring a registered domain name from the current Registrant ("Current Registrant") to the new registrant ("New Registrant"). 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 HostingDude.com 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 HostingDude.com, whether or not the transactions were in Your behalf. You acknowledge that HostingDude.com' s acceptance of any application made by You for services provided by HostingDude.com 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 HostingDude.com or its licensor is a registrar bound by an agreement between HostingDude.com or its licensor and the ICANN. You agree that HostingDude.com 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 HostingDude.com or its licensor.
1. HostingDude.com 's Role in this transaction
The Current Registrant and The New Registrant both agree they are entering into this Agreement of their own free will. The Current Registrant and the New Registrant acknowledge and agree HostingDude.com's sole role in connection with this Agreement is as processor of the transfer of the registration for the Domain Name and HostingDude.com's only responsibility under this Agreement will be to process the electronic transfer of the registration for the Domain Name. The Current Registrant and New Registrant assume full responsibility for the legal validity of the transfer of the Domain Name. Once the Current Registrant initiates the Change of Registrant Request, HostingDude.com will send a confirmation email to the New Registrant. You acknowledge and agree the New Registrant must log into its account and confirm the terms of the domain name change within ten (10) days of receipt of this email. In the event the New Registrant fails to confirm the change within such ten (10) day period, You acknowledge and agree the transfer will not occur and both the transaction ID and the security code for the transfer shall expire, requiring the Current Registrant to begin the process anew.
Upon completion of the Change of Registrant of the Domain Name, HostingDude.com will send an email to the Current Registrant confirming the change of Registrant contemplated by this Agreement. If the Current Registrant has any objection to the change of Registrant whatsoever, the Current Registrant assumes all responsibility for responding to such email and notifying HostingDude.com of any objection within fifteen (15) calendar days. The Current Registrant agrees to release, indemnify and hold HostingDude.com harmless for any issues that arise as a result of an improper change of Registrant, whether intentionally or unintentionally initiated, whether by the Current Registrant or others acting on its behalf. The domain name may not be transferred to another registrar within 60 days of the completion of the change of Registrant transaction (the "Transfer Prohibition Period"). In the event the domain name is subject to another change of Registrant within the Transfer Prohibition Period, the 60 day Transfer Prohibition Period will begin again upon completion of the subsequent change of Registrant transaction.
2. legal agreements
Current Registrant acknowledges entering into a Domain Name Registration Agreement (hereinafter referred to as "Registration Agreement") with HostingDude.com. The Current Registrant releases and discharges HostingDude.com from any and all obligations and liabilities to it under the Registration Agreement. Current Registrant acknowledges that it is not due the refund of any fees previously paid to HostingDude.com under the Registration Agreement or entitled to receive any other fees or funds previously paid to HostingDude.com. The New Registrant agrees to be bound by the agreements governing all domain names registered through HostingDude.com as found here, including the Domain Name Registration Agreement; the Uniform Domain Name Dispute Resolution Policy; this Agreement; and HostingDude.com's policies and procedures as posted on its web site. The New Registrant hereby agrees that all rights and liabilities of Current Registrant under the Registration Agreement are hereby transferred and assigned to New Registrant.
3. representations and warranties of current registrant and new registrant
The individuals who electronically execute this Agreement on behalf of the Current Registrant and the New Registrant hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement on behalf of the entities and/or the persons for which they sign below, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement.
4. successors and assigns
This Agreement and all of its terms shall be binding upon and inure to the benefit of the Current Registrant, the New Registrant and their successors, assigns, principals, agents and employees and HostingDude.com. There are no third-party beneficiaries of this Agreement.
5. provisions specific to .US registrations
You, the Registrant, shall indemnify and hold harmless NeuStar, the .US Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) .US domain name registration and (ii) use of any .US registered domain name.
The New Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.
A. Registrants must be either:
A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or;
An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (including a federal, state, or local government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or;
A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains an office or other property within the United States.
B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.
The New Registrant further certifies that HostingDude.com has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. The New Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.
The New Registrant understands and agrees that if such information cannot be verified, or if the New Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.
6. HostingDude.com has no liability to new registrant for validity of transfer
The New Registrant assumes full and complete responsibility for, and agrees that, HostingDude.com shall have no liability for:
Current Registrant's actual registration of the Domain Name.
Current Registrant's legal right and ability to transfer registration of the Domain Name to New Registrant.
Any and all situations existing prior to this Agreement or that may arise which cause the transfer of registration of the Domain Name to New Registrant to either be delayed or not to take place.
The validity and/or enforceability of New Registrant's entitlement to the registration of Domain Name when the transfer is consummated.
7. limitation of HostingDude.com 's liability
IN ADDITION TO THE LIMITATION OF LIABILITY PROVIDED IN THE UNIVERSAL TERMS OF SERVICE AGREEMENT, BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE HostingDude.com SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR (A) SUSPENSION, LOSS, OR MODIFICATION OF THE DOMAIN NAME REGISTRATION, REGARDLESS OF THE ACTIONS OF ANY PARTY TO THIS AGREEMENT, (B) USE OF THE DOMAIN NAME REGISTRATION, OR THE INABILITY TO USE OR BENEFIT FROM THE DOMAIN NAME REGISTRATION, BY ANY PARTY TO THIS AGREEMENT, (C) INTERRUPTION OF BUSINESS OF EITHER THE NEW OR CURRENT REGISTRANT, (D) ACCESS DELAYS OR INTERRUPTIONS OF ACCESS TO HostingDude.com's WEB SITE OR TO ANY OTHER WEB SITES, (E) THE NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF DATA, (F) THE PROCESSING OF THIS APPLICATION OR ANY OTHER APPLICATION FOR SERVICE OR REQUEST FOR SERVICE FROM HostingDude.com, OR (G) APPLICATION OF ANY DISPUTE POLICY OR THE POLICIES AND PROCEDURES AS ADOPTED BY ICANN, ICANN'S SUCCESSORS OR ANY OTHER REGULATORY BODY.
8. attorney's fees
In the event of any dispute arising out of this Agreement, the prevailing party shall be paid its reasonable court costs and attorneys' fees.
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