Fast Transfer Agreement

[#NUM#].  OVERVIEW

This [#companyname#] Fast Transfer agreement (this “Agreement”) is entered into by and between [#full_legal_entity#] ("[#companyname#]") and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of [#companyname#]’s Fast Transfer service (“Fast Transfer Service” or the “Service”).

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with [#companyname#]’s [#showonly=495469#]Terms of Service Agreement[/#showonly#][#showonly=-495469#]Universal Terms of Service Agreement[/#showonly#], which is incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to [#companyname#]. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

[#companyname#], in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the [#companyname#] website (this “Site”).  You acknowledge and agree that (i) [#companyname#] may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Service after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Service.  In addition, [#companyname#] may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your account (“Account”) information, including your email address, current.  [#companyname#] assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

[#NUM#].  DESCRIPTION OF SERVICE

[#companyname#] is partnering with Afternic® to provide [#companyname#] customers with a means to sell their domain name(s) to interested buyers through a network of selected registrars.  If you choose to list your domain name for sale through the Fast Transfer Service and enter into this Agreement, you expressly acknowledge, understand and agree that: (i) [#companyname#] shall not have any liability or obligations to you regarding the listing and sale of your domain name through the Fast Transfer Service or the transfer of the domain name from you to the buyer; (ii) [#companyname#] has no control over buyers or Afternic’s network of selected registrars and makes no representations as to the reliability or capability of the listing service, or the qualifications of any potential buyer or the ability of any buyer to pay for a domain name; and (iii) [#companyname#] does not collect, retain or have access to any credit card information of buyers utilizing the Fast Transfer Service, nor do we process the payment of funds between you and a buyer and therefore cannot be held liable for any non-payment by the buyer or any unauthorized disclosure of any personal or credit card information concerning the buyer.  All terms and conditions related to the transfer of funds between Afternic buyers and sellers are covered in the Afternic Membership Agreement and Terms of Service located at https://www.afternic.com/legal.

When you register your domain name with [#companyname#] and list your domain for sale as part of the Fast Transfer Service, you expressly acknowledge and agree that we may instantly transfer any domain name successfully sold in the Fast Transfer Service away from your [#companyname#] account into the account of the successful buyer of the domain name.  You acknowledge and agree to allow [#companyname#] to disable any transfer lock feature associated with a domain name enrolled in the Fast Transfer Service, including but not limited to the disabling of our domain name transfer validation service.

You agree to release, indemnify, defend and hold harmless [#companyname#] and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of your use of the Fast Transfer Service, including, but not limited to, the instant transfer of the domain name from your [#companyname#] account to the account of the buyer.

[#NUM#].  LIMITATIONS AND DISCONTINUATION OF SERVICE

[#companyname#] does not and cannot guarantee the sale or purchase of any domain name through the Fast Transfer Service. Transfer of a domain name to a buyer is not instantaneous at the time of sale and may take several days to occur.

You may remove a domain name from the Fast Transfer Service at any time.  In the event that you remove a domain from the Service, please be aware that removal of the domain name from the Afternic network is not instantaneous, and may take several days to occur.  [#companyname#] will complete the instant transfer process for any domain name enrolled in the Fast Transfer Service and sold through the Afternic network during this timeframe.

You acknowledge and agree that [#companyname#] may remove your domain name from the Fast Transfer Service at any time for any reason, without prior notification, including, but not limited to: non-payment of fees, expiration of domain name, fraud, restrictions on transfer, the filing of a trademark or ownership dispute concerning the domain name, or in the event of a transfer of the domain name to another registrar.

[#NUM#].  DESIGNATED AGENT AND CHANGE OF REGISTRANT INFORMATION

“DESIGNATED AGENT” MEANS AN INDIVIDUAL OR ENTITY THAT THE PRIOR REGISTRANT OR NEW REGISTRANT EXPLICITLY AUTHORIZES TO APPROVE A CHANGE OF REGISTRANT REQUEST ON ITS BEHALF. FOR THE PURPOSE OF FACILITATING THE FAST TRANSFER PROCESS, AND IN ACCORDANCE WITH ICANN'S CHANGE OF REGISTRANT POLICY, YOU AGREE TO APPOINT [#COMPANYNAME#] AS YOUR DESIGNATED AGENT FOR THE SOLE PURPOSE OF EXPLICITLY CONSENTING TO MATERIAL CHANGES OF REGISTRATION CONTACT INFORMATION ON YOUR BEHALF.

[#NUM#].  TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

[#NUM#].  DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

 


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