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finexe.com Domain Name Change of
Registrant Agreement |
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This finexe.com Domain Name Change of Registrant Agreement
("Agreement") is by and between finexe.com , a Swedish company
(" finexe.com ") 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 finexe.com 's Change of Registration and represents the
entire agreement between You and finexe.com . 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 finexe.com 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 finexe.com , whether or not the
transactions were in Your behalf. You acknowledge that finexe.com
's acceptance of any application made by You for services provided
by finexe.com will take place at Finexe offices.
You acknowledge that finexe.com or its licensor is a registrar
bound by an agreement between finexe.com or its licensor and the
ICANN. You agree that finexe.com 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 finexe.com or
its licensor. |
1. finexe.com'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 finexe.com's sole role in connection with this Agreement is as
processor of the transfer of the registration for the Domain Name
and that finexe.com'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,
finexe.com 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 finexe.com of any objection.
The Current Registrant agrees to release, indemnify and hold
finexe.com 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
finexe.com have entered into a Domain Name Registration Agreement
(hereinafter referred to as "Registration Agreement"). The Current
Registrant releases and discharges finexe.com 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 finexe.com under the Registration Agreement
or entitled to receive any other fees or funds previously paid to
finexe.com. The New Registrant acknowledges that it agrees to be
bound by the agreements that govern all domain names registered
through finexe.com
including the Domain Name Registration Agreement; the Uniform Domain
Name Dispute Resolution Policy; this Agreement; and finexe.com'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 finexe.com . 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 finexe.com 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. finexe.com 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, finexe.com 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 finexe.com 's
liability |
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BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE THAT
finexe.com 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
finexe.com '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
finexe.com , 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 finexe.com 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 finexe.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL finexe.com 's MAXIMUM AGGREGATE
LIABILITY, TO THE CURRENT REGISTRANT OR THE NEW REGISTRANT
COLLECTIVELY, EXCEED THE TOTAL AMOUNT PAID TO finexe.com TO PROCESS
THIS AGREEMENT. IN ANY EVENT, finexe.com 's LIABILITY SHALL BE
LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. |
8. indemnification of finexe.com by
current registrant and new registrant |
| Current Registrant and New Registrant agree,
jointly and severally, to defend, indemnify and hold harmless
finexe.com 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 finexe.com 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 finexe.com 's Legal and Dispute Policy.
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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. Agreement Venue |
| THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN
STOCKHOLM, SWEDEN. THE LAWS AND JUDICIAL DECISIONS OF STOCKHOLM, SWEDEN 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 STOCKHOLM, SWEDEN AND CURRENT REGISTRANT AND NEW
REGISTRANT AGREE THAT STOCKHOLM, SWEDEN 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 finexe.com 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 finexe.com shall be sent
by first class mail to our address below. Delivery shall be deemed
to have been made by you to finexe.com 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 finexe.com , Current Registrant and New Registrant.
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Finexe Services. Norrbyvägen 16, SE-16869 Bromma,
SWEDEN
Copyright © 2004-2006 Finexe Services. All Rights
Reserved.
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