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PRODUCTS
& SERVICES AGREEMENTS |
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Below
are the legal agreements for KoreDomains: Cheap Domain Registration
products and services. The following documents are designed to
make your KoreDomains: Cheap Domain Registration experience enjoyable
and useful. To view any of the agreements, click on the link for
that agreement. |
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Transfer of Ownership Agreement
Wild
West Domains, Inc.
("Wild West")
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 Wild West 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.
WILD
WEST'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
Wild West's sole role in connection with this Agreement is as processor
of the transfer of the registration for the Domain Name and that Wild
West'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, Wild West
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 Wild West of any objection. The Current Registrant agrees
to release, indemnify and hold Wild West 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 Wild West have entered
into a Domain Name Registration Agreement (hereinafter referred to
as "Registration Agreement"). The Current Registrant releases
and discharges Wild West 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 Wild
West under the Registration Agreement or entitled to receive any other
fees or funds previously paid to Wild West. The New Registrant acknowledges
that it agrees to be bound by the agreements that govern all domain
names registered through Wild West as found on this website, including
the Domain Name Registration Agreement; the Uniform Domain Name Dispute
Resolution Policy; this Agreement; and Wild West'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 Wild West.
There are no third-party beneficiaries of this Agreement.
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:
1. 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;
2. 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, orlocal government of the United States, or a political subdivision
thereof, and non-commercial organizations based in the United States),
or;
3. 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 Wild West 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.
WILD
WEST HAS NO LIABILITY TO NEW REGISTRANT FOR VALIDITY OF TRANSFER
The New Registrant assumes full and complete responsibility for, and
agrees that, Wild West 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 that exist previous 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 ownership of
the registration of Domain Name when the transfer is consummated.
LIMITATION
OF WILD WEST'S LIABILITY
BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE THAT WILD
WEST 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 WILD WEST'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 WILD WEST, 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 WILD WEST 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 WILD WEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL WILD WEST'S MAXIMUM AGGREGATE LIABILITY, TO THE
CURRENT REGISTRANT OR THE NEW REGISTRANT COLLECTIVELY, EXCEED THE
TOTAL AMOUNT PAID TO WILD WEST TO PROCESS THIS AGREEMENT. IN ANY EVENT,
WILD WEST'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED
BY LAW.
INDEMNIFICATION
OF WILD WEST BY CURRENT REGISTRANT AND NEW REGISTRANT
Current Registrant and New Registrant agree, jointly and severally,
to defend, indemnify and hold harmless Wild West 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 Wild West 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 Wild West's Legal and Dispute Policy.
TERMS
OF THIS AGREEMENT ARE SEVERABLE
You agree that the terms of this Agreement are severable. If any part
of this Agreement is determined to be unenforceable or invalid, that
part of the agreement will be modified to the minimum extent necessary
to make it enforceable and valid in accordance with the intentions
of the parties, and if that cannot be done, then such provision shall
be severed. In any case, the remaining terms and conditions of the
agreement will remain in full force and effect.
THIS
AGREEMENT IS GOVERNED BY ARIZONA LAW
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF ARIZONA.
THE LAWS AND JUDICIAL DECISIONS OF MARICOPA COUNTY, ARIZONA SHALL
BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND
LEGAL EFFECT OF THIS AGREEMENT. THE CURRENT REGISTRANT AND THE NEW
REGISTRANT AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS
AGREEMENT SHALL BE BROUGHT IN THE COURTS OF MARICOPA COUNTY, ARIZONA
AND CURRENT REGISTRANT AND NEW REGISTRANT AGREE THAT MARICOPA COUNTY,
ARIZONA IS THE SOLE AND EXCLUSIVE VENUE FOR SUCH ACTIONS.
TRIAL
BY JURY IS WAIVED
THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE TO WAIVE THE RIGHT
TO TRIAL BY JURY IN ANY PROCEEDING RELATING TO OR ARISING OUT OF THIS
AGREEMENT. ALL SUCH DISPUTES SHALL BE TRIED BY THE COURT, NOT A JURY.
ATTORNEYS'
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.
HOW
NOTICES ARE TO BE MADE UNDER THIS AGREEMENT
Both Current Registrant and New Registrant agree that all notices
from Wild West to you may be sent to the email addresses provided
herein and will be deemed delivered within one (1) day after sending.
Notices
from you to Wild West shall be sent by first class mail to our address
at:
Domain Services
Wild West Domains, Inc.
14455 North Hayden Rd
Suite 219
Scottsdale, AZ 85260
Delivery
shall be deemed to have been made by you to Wild West three (3) days
after the date sent.
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 Wild West, Current
Registrant and New Registrant.
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