COMWeb Internet Solutions, Inc
Change of Registrant Agreement
Last Revised: January 8, 2013
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Domain Name Change of Registrant Agreement (this “ Agreement ”) is entered into by and between COMWeb Internet Solutions, Inc, an individual (“ COMWeb Internet Solutions, Inc ”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of COMWeb Internet Solutions, Inc’s Change of Registrant services (the “ Services ”) to transfer a registered domain name from a current registrant (the “ Current Registrant ”) to a new registrant (the “ New Registrant ”), and applies to both the Current Registrant and the New Registrant.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with COMWeb Internet Solutions, Inc’s Universal Terms of Service Agreement , Domain Name Registration Agreement , and Uniform Domain Name Dispute Resolution Policy , which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to COMWeb Internet Solutions, Inc. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
COMWeb Internet Solutions, Inc, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the COMWeb Internet Solutions, Inc website (this “ Site ”). You acknowledge and agree that (i) COMWeb Internet Solutions, Inc may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, COMWeb Internet Solutions, Inc may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“ Account ”) information, including your email address, current. COMWeb Internet Solutions, Inc assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
COMWeb Internet Solutions, Inc is not an Internet Corporation for Assigned Names and Numbers (“ ICANN ”) accredited registrar; it is an authorized reseller of domain name registration services. Accordingly, you acknowledge and agree that COMWeb Internet Solutions, Inc may modify this Agreement in order to comply with any terms and conditions set forth by (i) the sponsoring registrar, (ii) ICANN, and/or (iii) the registry applicable to the top level domain (“ TLD ”) or country code top level domain (“ ccTLD ”) in question. As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question. To identify the sponsoring registrar, click here .
2. the change of registrant process; COMWeb Internet Solutions, Inc's Role
The Current Registrant and the New Registrant both agree they are entering into this Agreement of their own free will. The Current Registrant and the New Registrant acknowledge and agree COMWeb Internet Solutions, Inc's sole role in connection with this Agreement is as processor of the transfer of the registration for the domain name and COMWeb Internet Solutions, Inc's only responsibility under this Agreement will be to process the electronic transfer of the registration for the domain name. The Current Registrant and the New Registrant assume full responsibility for the legal validity of the transfer of the domain name. Once the Current Registrant initiates the change of registrant request, COMWeb Internet Solutions, Inc will send a confirmation email to the New Registrant. You acknowledge and agree the New Registrant must log into its account and confirm the terms of the change of registrant transaction within ten (10) days of receipt of the confirmation email. In the event the New Registrant fails to confirm the terms of the change of registrant transaction within such ten (10) day period, you acknowledge and agree the transfer will not occur and both the transaction ID and the security code for the transfer shall expire, requiring the Current Registrant to begin the process anew.
Upon completion of the change of registrant transaction, COMWeb Internet Solutions, Inc 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 COMWeb Internet Solutions, Inc of any objection within fifteen (15) days of receipt of the email. The Current Registrant agrees to release, indemnify and hold COMWeb Internet Solutions, Inc 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.
Please note the following:
3 . representations and warranties of the current registrant and the new registrant
The individuals who electronically accept 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 Current Registrant and the New Registrant, respectively, and that they 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 shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
5 . release and discharge
The Current Registrant acknowledges entering into COMWeb Internet Solutions, Inc’s Universal Terms of Service Agreement , Domain Name Registration Agreement , Uniform Domain Name Dispute Resolution Policy , and related documents associated with the domain name (collectively, the “ Registration Agreements ”). The Current Registrant (i) acknowledges and agrees that it is not entitled to receive any refunds and is not owed any monies in connection with the Registration Agreements, and (ii) hereby releases and discharges COMWeb Internet Solutions, Inc from any and all liabilities and obligations to the Current Registrant in connection with the Registration Agreements.
6 . limitations on COMWeb Internet Solutions, Inc’s liability to the new registrant
The New Registrant assumes full and complete responsibility, and acknowledges and agrees COMWeb Internet Solutions, Inc shall have no liability, for:
7 . additional limitations on COMWeb Internet Solutions, Inc's liability
IN ADDITION TO THE LIMITATIONS OF LIABILITY PROVIDED IN THE UNIVERSAL TERMS OF SERVICE AGREEMENT, BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE COMWeb Internet Solutions, Inc 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 CURRENT REGISTRANT OR THE NEW REGISTRANT, (D) ACCESS DELAYS OR INTERRUPTIONS OF ACCESS TO COMWeb Internet Solutions, Inc's WEBSITE OR TO ANY OTHER WEBSITES, (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 COMWeb Internet Solutions, Inc, OR (G) APPLICATION OF ANY DISPUTE POLICY OR THE POLICIES AND PROCEDURES AS ADOPTED BY ICANN, ICANN'S SUCCESSORS OR ANY OTHER REGULATORY BODY.
8 . 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.
9 . 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 (1) 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;
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 United 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 COMWeb Internet Solutions, Inc has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willingly 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.
10 . titles and headings; independent covenants; severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
11 . DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.
Copyright © 2003-2013 All Rights Reserved.