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Go Daddy Domain Name Change of
Registrant Agreement |
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This GoDaddy.com, Inc. Domain Name Change of Registrant Agreement
("Agreement") is by and between GoDaddy.com, Inc. , an Arizona
corporation (" Go Daddy ") 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 Go Daddy 's Change of Registration and
represents the entire agreement between You and Go Daddy . 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 Go Daddy 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 Go Daddy , whether or not the transactions
were in Your behalf. You acknowledge that Go Daddy 's acceptance of
any application made by You for services provided by Go Daddy 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 Go Daddy or its licensor is a registrar
bound by an agreement between Go Daddy or its licensor and the
ICANN. You agree that Go Daddy 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 Go Daddy or its
licensor. |
1. Go Daddy's Role in this transaction
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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 Go Daddy's sole role in connection with this Agreement is as
processor of the transfer of the registration for the Domain Name
and that Go Daddy'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.
Upon completion of the change of Registrant of the Domain Name,
Go Daddy 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 Go Daddy of any objection. The Current
Registrant agrees to release, indemnify and hold Go Daddy 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 that it and Go
Daddy have entered into a Domain Name Registration Agreement
(hereinafter referred to as "Registration Agreement"). The Current
Registrant releases and discharges Go Daddy 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 Go Daddy under the Registration Agreement or
entitled to receive any other fees or funds previously paid to Go
Daddy. The New Registrant acknowledges that it agrees to be bound by
the agreements that govern all domain names registered through Go
Daddy as found on http://registrar.godaddy.com/,
including the Domain Name Registration Agreement; the Uniform Domain
Name Dispute Resolution Policy; this Agreement; and Go Daddy'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 Go Daddy . There are no third-party beneficiaries of
this Agreement. |
5. provisions specific to .US
registrations |
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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 Go Daddy 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. Go Daddy has no liability to new
registrant for validity of transfer |
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The New Registrant assumes full and complete responsibility for,
and agrees that, Go Daddy 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
entitlement to of the registration of Domain Name when the
transfer is consummated.
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7. limitation of Go Daddy 's liability
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BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE THAT Go
Daddy 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 Go Daddy
'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 Go Daddy , 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 Go Daddy 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 Go Daddy HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL Go Daddy 's MAXIMUM AGGREGATE
LIABILITY, TO THE CURRENT REGISTRANT OR THE NEW REGISTRANT
COLLECTIVELY, EXCEED THE TOTAL AMOUNT PAID TO Go Daddy TO PROCESS
THIS AGREEMENT. IN ANY EVENT, Go Daddy 's LIABILITY SHALL BE LIMITED
TO THE SMALLEST AMOUNT PERMITTED BY LAW. |
8. indemnification of Go Daddy by current
registrant and new registrant |
| Current Registrant and New Registrant agree,
jointly and severally, to defend, indemnify and hold harmless Go
Daddy 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 Go Daddy 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 Go Daddy 's Legal and Dispute Policy. |
9. 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. |
10. the 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. |
11. 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. |
12. 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. |
13. how notices are to be made under this
agreement |
| Both Current Registrant and New Registrant agree
that all notices from GoDaddy.com, Inc. 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 GoDaddy.com, Inc.
shall be sent by first class mail to our address below. Delivery
shall be deemed to have been made by you to GoDaddy.com, Inc. three
(3) days after the date sent. |
14. 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. |
15. 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 Go Daddy , Current Registrant and New Registrant.
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Revised: 1/6/2006 Copyright © 2003-2006 GoDaddy.com, Inc. All Rights
Reserved.
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