|
finexe.com
Domain Name Transfer
Agreement |
| This Domain Name Transfer 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 Domain Name Transfer 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 any other Registrar TO finexe.com (as "Registrar"). 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 the Internet Corporation for
Assigned Names and Numbers ("ICANN") accredited registrar's offices
chosen by Finexe.
You acknowledge that registrars used by finexe.com are
bound by an agreement with the
Internet Corporation for Assigned Names and Numbers ("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.
This Document will be effective upon acceptance of the
Registration and Transfer agreements in Step 3 of the Online
Transfer Application process. |
1. Steps for Transferring Your Domain Name
Registration |
| NOTE: Once the transfer is complete, you will be
able to RENEW, MODIFY DNS, and perform other functions by logging
into Your Account
Manager. Complete all required information requested through the
online transfer application, i.e. contact information, nameserver
information, etc. Proceed through to the shopping cart and pay for
your transfer(s). Update your Administrative Contact's email address
at your current registrar. We will be contacting the Administrative
Contact's email address for transfer approval. The transfer will
only be initiated upon approval from your Administrative Contact.
Once initiated, a transfer will be accepted or denied by the losing
registrar within 5 days. |
2. Failed or Rejected Transfer
Requests |
| finexe.com may elect to accept or reject your
domain name transfer application for any reason at its sole
discretion. Rejections may include, but are not limited to: The
current Registrar rejected the transfer. The original registration
took place less than sixty (60) days prior to the transfer request.
The domain name has been placed in a locked status by either the
Registry or by the losing registrar. The domain was transferred to
finexe.com less than sixty (60) days prior to the transfer request.
The domain name expired but was not renewed. The domain name expired
and was renewed during the forty-five (45) day grace period, and the
forty-five (45) day grace period has not yet passed. The Domain Name
Registrant was changed less than sixty (60) days prior to the
transfer request. Any pending bankruptcy of the current domain name
holder. Any dispute over the identity of the domain name holder. Any
situation described in the Dispute Policy. Transfer orders over
thirty (30) days old. |
3. Terms for Transferring Domain Names
|
| Upon successful transfer, finexe.com shall
become the Registrar of Record. You will still be the Registrant of
the domain -- finexe.com will become the Registrar of the domain
name. Your registration will be automatically extended by one year.
Domain name registration transfers may only be initiated once
acceptance of the transfer agreement is recorded, payment is made
and the Administrative contact has responded positively to our email
message asking for Permission to Transfer. The email message asking
for Permission to Transfer will be sent to the Domain Name(s)
Administrative Contact as identified in the previous Registrar's
WHO-IS database. You agree to retain a copy for Your own records of
the receipt for purchase of Your domain name. The Administrative
Contact will be acting on behalf of the Registrant and has legal
authority to initiate this transfer request. You are responsible for
updating the Administrative Contact's email as identified in the
previous Registrar's WHO-IS database. |
4. Transfers of Recently Renewed Domain
Names |
| You understand that if you are transferring a
domain name that has been recently renewed there is the potential
that the renewal year will be lost. The renewal year will be lost
if: the domain name was renewed during the forty-five (45) day grace
period after the expiration date had passed; and forty-five (45)
days have not yet passed since that expiration date. You understand
and agree that finexe.com is not responsible for this lost year and
that finexe.com will not credit that year to your domain. You will
need to review the registration agreement you have with your
previous registrar to determine if you are due a refund or credit
for the lost year. Please contact your previous registrar if you
have any questions about the lost year. You understand and agree
that finexe.com will not intervene in the recovery of any such lost
registration years that occur during the transfer of your domain
name. |
5. Limitation of Liability |
| YOU AGREE THAT finexe.com WILL NOT BE LIABLE
FOR: ANY SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR
NAME USE OF YOUR DOMAIN NAME REGISTRATION BY YOU OR OTHERS, WHETHER
OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE INTERRUPTION OF BUSINESS
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB
SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME DATA
NON-DELIVER, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION EVENTS BEYOND finexe.com 'S REASONABLE CONTROL THE
PROCESSING OF THIS APPLICATION OF THE DISPUTE POLICY finexe.com
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), BREACH OF WARRANTIES, EITHER EXPRESS OR
IMPLIED, OR OTHERWISE, EVEN IF finexe.com ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY NOT ALLOW SUCH A BROAD
EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, AS CONTAINED
HEREIN; IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULL EXTENT
PERMITTED BY LAW. IN NO EVENT SHALL finexe.com MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF A
DOMAIN NAME. |
6. Indemnification |
| You agree to defend, indemnify, and hold harmless
finexe.com for any loss, damages, or costs, including reasonable
attorneys' fees, resulting from any third party claim, action, or
demand related to the registration or use of the domain name
registered in your name. This indemnification is in addition to any
indemnification required of you under the Dispute Policy. |
7. Data for Domain Transfer |
| You understand that this is a request for a
domain name transfer of registrars. By acceptance of this Transfer
Agreement, you are requesting that the domain name registration be
transferred from the current registrar to finexe.com . As the
current authorized Registrant of the domain name(s), you agree to
authorize this transfer by notifying your Administrative contact of
his/her responsibilities with respect to this transfer. You
acknowledge that you and finexe.com have entered into a Domain Name
Registration Agreement (hereinafter referred to as "Registration
Agreement"). You have read, understood, and agree to be legally
bound by the agreements that govern all domain names registered
through finexe.com as found on the legal agreements page, including
the Domain
Name Registration Agreement ; the dispute policy ; this Agreement; any finexe.com
policies and procedures that are or may be published from time to
time by finexe.com , ICANN, and/or the Registry Administrator
chosen by ICANN. |
8. Other Venue |
|
This Agreement shall be governed in all respects by the
laws and judicial decisions of Sweden. Venue
for any dispute shall be in Stockholm, Sweden in the courts Stockholms tingsrätt, Sweden.
|
Notices |
| All notices and other communications under this
Agreement shall be in writing to Domain Transfer Dept, Finexe Services,
Norrbyvägen 16, SE-16869 Bromma,
SWEDEN |
Entire Agreement |
| This Agreement, together with all Exhibits
hereto, constitutes the entire understanding and agreement of the
parties with respect to its subject matter, and supersedes all prior
understandings and agreements, whether written or oral, with respect
to such subject matter. No waiver, modification or amendment of any
provision of this Agreement will be effective unless it is in
writing and signed by the parties without limiting the foregoing, no
waiver shall be implied by or deemed to have occurred on account of
any course of conduct or dealing. No additional or different terms
provided in any purchase order or acceptance or similar document
shall be binding unless executed by authorized representatives of
both parties |
Revised: 1/6/2006
Finexe Services.
Norrbyvägen 16, SE-16869 Bromma,
SWEDEN
Copyright © 2004-2006 Finexe Services. All Rights
Reserved.
| |