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This Transfer of Registrar Agreement (hereinafter referred to as the "Transfer Agreement") as amended by Register.com, its parents, subsidiaries, affiliates, successors and assigns (collectively, "Register.com", "us", "we" and/or "our") from time to time, between (i) you ("Customer", "you" and/or "your") and (ii) Register.com, along with the Register.com Services Agreement, Acceptable Use Policy, the accompanying dispute policy, and any other additional rules or policies that are or may be published by Register.com from time to time and which are incorporated herein by reference (collectively referred to herein as the "Agreement"), sets forth the terms and conditions under which you, as a domain name holder, may transfer your domain name registration to Register.com for any .com or .net domain name.
In transferring a domain name in accordance with this Agreement, you acknowledge and agree that you have carefully read and agree to the terms and conditions of the Agreement and all other applicable Register.com terms, conditions, agreements, rules and policies.
Please note that this Agreement will become effective when accepted by Register.com. Register.com may elect to accept or reject your application for any reason at its sole discretion. If your transfer request is accepted, and your domain name registration is transferred to Register.com, the Agreement and all related terms, conditions, agreements, rules and policies will apply to your domain name registration.
- Terms of Transfer
When you transfer your domain name registration to Register.com you will be required to extend your existing registration for one (1) year from the date your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years. This additional year applies regardless of the period remaining on your current registration. You will not lose any of the time remaining on your current registration. Once the transfer has been authorized and processed, Register.com shall immediately become the Registrar of record.
- Initiation of Transfer
Only the authoritative holder of the domain name registration may initiate a request to transfer that domain name registration from another registrar to Register.com. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate this transfer. Register.com, at its sole discretion, may require you to provide documentation that proves that you are the authoritative domain name holder and that you have initiated this transfer request.
In addition to its other rights and remedies set forth in the Agreement, the request to transfer a domain name registration from one Registrar to another may be denied by Register.com, in its sole discretion, (i) during the first sixty (60) days after initial registration of the domain name with the original Registrar, (ii) in accordance with circumstances described in the Dispute Policy, (iii) if there is a pending bankruptcy of the domain name holder, (iv) if there is a dispute over the identity of the domain name holder, (v) by operation of law, or (vi) at the discretion of the then current Registrar.
As consideration for the transfer of the domain name registered in your name to Register.com, you agree to pay Register.com, upon submission of your registrar transfer application to Register.com, the then-current fees set forth in the Register.com price schedule for such services. (Click here to view Register.com's current price schedule.) Register.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion and further in accordance with the Services Agreement.
Your registrar transfer request will not be processed unless Register.com receives actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determined by Register.com in its sole discretion).
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registrar transfer fee, you acknowledge and agree that the registration shall be transferred to Register.com as the entity that has paid the registrar transfer fee for that registration to the applicable registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registrar transfer fee and our then-current reinstatement fee, currently set at Two-Hundred Dollars ($200.00), but subject to change at any time and on a case-by-case basis at Register.com's sole discretion.
- Additional Limitations of Liability
IN ADDITION TO THE OTHER LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT, YOU FURTHER AGREE THAT REGISTER.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (i) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (ii) INTERRUPTION OF BUSINESS, (iii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITES ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (iv) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (v) EVENTS BEYOND REGISTER.COM'S REASONABLE CONTROL, OR (vi) THE PROCESSING OF THE TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME TO REGISTER.COM. REGISTER.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTER.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Indemnification of Register.com
You agree to defend, indemnify and hold harmless Register.com for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to breach of your representations and warranties hereunder or the transfer of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Services Agreement, Acceptable Use Policy or Dispute Policy.
- Representations and Warranties
In addition to the other representations and warranties that you make in accordance with the Agreement, you further represent and warrant that all information provided by you in connection with the transfer of the domain name you are seeking to transfer is accurate and current. YOU ACKNOWLEDGE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE TRANSFER OF THE DOMAIN NAME YOU ARE SEEKING TO TRANSFER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.