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Domain Name Transfer of Ownership Agreement
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Transfer Agreement
Domain Name Transfer of Ownership Agreement

This Domain Name Transfer of Ownership Agreement (the "Agreement") sets forth the agreement between the current registrant (“Current Registrant”), the new registrant (“New Registrant”), and Host N Domain regarding change in ownership of the domain name being transferred (the "Domain Name") from the Current Registrant to the New Registrant. This Agreement becomes effective upon electronic execution.

Select N Host'S ROLE IN THIS TRANSACTION
The Current Registrant and The New Registrant both agree that they are both entering into this Agreement of their own free will. The Current Registrant and the New Registrant acknowledge and agree that Select N Hos's sole role in connection with this Agreement is as processor of the transfer of the registration for the Domain Name and that Select N Hos'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. The domain name may not be transferred to another registrar within 60 days of the completion of the change of ownership transaction (the "Transfer Prohibition Period"). In the event the domain name is subject to another change of ownership within the Transfer Prohibition Period, the 60 day Transfer Prohibition Period will begin again upon completion of the subsequent change of ownership transaction.

Upon completion of the change of ownership of the Domain Name, Select N Hos will send an email to the Current Registrant confirming the change of ownership contemplated by this Agreement. If the Current Registrant has any objection to the change of ownership whatsoever, the Current Registrant assumes all responsibility for responding to such email and notifying Select N Host of any objection. The Current Registrant agrees to release, indemnify and hold Select N Host harmless for any issues that arise as a result of an improper change of ownership, whether intentionally or unintentionally initiated, whether by the Current Registrant or others acting on its behalf.

 

LEGAL AGREEMENTS
Current Registrant acknowledges that it and Select N Host have entered into a Domain Name Registration Agreement (hereinafter referred to as "Registration Agreement"). The Current Registrant releases and discharges Select N Host 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 Select N Host under the Registration Agreement or entitled to receive any other fees or funds previously paid to Select N Host. The New Registrant acknowledges that it agrees to be bound by the agreements that govern all domain names registered through Select N Host as found on this website, including the Domain Name Registration Agreement; the Uniform Domain Name Dispute Resolution Policy; this Agreement; and Select N Host'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.

 
CURRENT REGISTRANT'S REPRESENTATIONS
The Current Registrant represents and warrants that it has good title to the registration of the Domain Name, that it has not received notice from any third-party alleging any violation of any third-party's rights through Current Registrant's use and/or registration of the Domain Name, that the Domain Name is not subject to any pending or threatened legal dispute with any third-parties, nor subject to any proceeding or order from any judicial or administrative body, that Current Registrant has not and will not purport to grant to any party other than New Registrant any right or interest in the Domain Name, that the Domain Name registrant transfer described herein does not conflict with any agreement, contract, lease, license, instrument, or other arrangement to which the Current Registrant is a party or by which Current Registrant is bound or to which the Domain Name is subject and that it has no current knowledge of any reason why the registration of the Domain Name could in any way be deemed to be invalid.

 

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.

 

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 Select N Host.  There are no third-party beneficiaries of this Agreement.

 

LIMITATION OF Select N Host'S LIABILITY
BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE THAT Select N Host 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 REGISTRANT OR THE CURRENT REGISTRANT, (D) ACCESS DELAYS OR INTERRUPTIONS OF ACCESS TO Select N Host'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 Select N Host, OR (G) APPLICATION OF ANY DISPUTE POLICY OR THE POLICIES AND PROCEDURES AS ADOPTED BY ICANN, ICANN'S SUCCESSORS OR ANY OTHER REGULATORY BODY.

 

IN NO EVENT SHALL Select N Host AND ITS AGENTS AND CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION BROUGHT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE, EVEN IF Select N Host HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Select N Host'S MAXIMUM AGGREGATE LIABILITY, TO THE CURRENT REGISTRANT OR THE NEW REGISTRANT COLLECTIVELY, EXCEED THE TOTAL AMOUNT PAID TO Select N Host TO PROCESS THIS AGREEMENT. IN ANY EVENT, Select N Host'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

 

INDEMNIFICATION OF Select N Host BY CURRENT REGISTRANT AND NEW REGISTRANT
Current Registrant and New Registrant agree, jointly and severally, to defend, indemnify and hold harmless Select N Host from any loss, liability, damages or expense, including reasonable attorney's fees, resulting from any third party claim, action or demand related to the transfer of the registration of the Domain Name or use of the Domain Names, jointly and severally. In addition, the Current Registrant and New Registrant agree to indemnify and hold Select N Host harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein. This indemnification is in addition to any indemnification required of either party under Select N Host’S Legal and Dispute Policy.

 

HOW NOTICES ARE TO BE MADE UNDER THIS AGREEMENT
Both Current Registrant and New Registrant agree that all notices from Select N Host to you may be sent to the email addresses provided herein and will be deemed delivered within one (1) day after sending.

 

HEADINGS
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

 
ENTIRE AGREEMENT
This Agreement shall be enforceable according to its terms, which alone expresses the agreement of the parties. There are no agreements, written, oral or otherwise, that are contrary or inconsistent with the written terms of this Agreement. This Agreement may be modified or amended only by a written agreement, signed by Select N Host, Current Registrant and New Registrant.


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