DOMAIN NAME
TRANSFER AGREEMENT
This
Domain Name Transfer Agreement
("Agreement") is by and between
Gabriel Web Hosting and Designs/Hosting
Stargate/Domain Stargate. ("GABRIEL WEB
HOSTING") 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
abriel Web Hosting and Designs/Hosting
Stargate's Domain Name Transfer and
represents the entire agreement between You
and GABRIELS HOSTING STARGATE. This Agreement
sets forth the terms and conditions of
transferring a registered domain name from
any other Registrar to GABRIELS HOSTING
STARGATE (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, along with any
new, different or additional terms,
conditions or policies including the
Universal Terms of Service which GABRIELS
HOSTING STARGATEmay establish from time to
time.
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 GABRIELS HOSTING STARGATE,
whether or not the transactions were in Your
behalf. You acknowledge that GABRIELS HOSTING
STARGATEacceptance of any application made by
You for services provided by GABRIEL WEB
HOSTING will take place at GABRIELS HOSTING
STARGATE offices located in Huber Heights,
OH, USA.
You
acknowledge that GABRIELS HOSTING STARGATE or
its licensor is a registrar bound by an
agreement between GABRIELS HOSTING STARGATE
or its licensor and the Internet Corporation
for Assigned Names and Numbers
("ICANN"). You agree that GABRIELS
HOSTING STARGATE 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
GABRIELS HOSTING STARGATE 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:
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
GABRIELS
HOSTING STARGATE 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 GABRIELS HOSTING
STARGATE 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, GABRIELS HOSTING
STARGATE shall become the Registrar of
Record. You will still be the Registrant of
the domain -- GABRIELS HOSTING STARGATE 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.
TRANSFER 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 GABRIELS HOSTING STARGATE is not
responsible for this lost year and that
GABRIELS HOSTING STARGATE 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 GABRIELS
HOSTING STARGATE 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 GABRIEL WEB HOSTING 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 GABRIELS HOSTING STARGATES REASONABLE
CONTROL THE PROCESSING OF THIS APPLICATION OF
THE DISPUTE POLICY GABRIEL WEB HOSTING 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 GABRIELS HOSTING STARGATE 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 GABRIEL
WEB HOSTING 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
GABRIELS HOSTING STARGATE 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 GABRIELS HOSTING STARGATE. 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 GABRIELS HOSTING STARGATE 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 GABRIELS
HOSTING STARGATE as found on the legal
agreements page, including the Domain Name
Registration Agreement; this Agreement; any
GABRIEL WEB HOSTING policies and procedures
that are or may be published from time to
time by GABRIELS HOSTING STARGATE , ICANN,
and/or the Registry Administrator chosen by
ICANN.
8.
OTHER VENUE
Agreement
shall be governed by, and construed and
enforced in accordance with, the internal
laws of the State of Ohio applicable to
contracts made and to be performed wholly
therein, without regard to principles of
conflicts of laws. Venue for any dispute
shall be in Huber Heights, OH and each party
expressly consents in the jurisdiction of the
federal and state courts located in
Montgomery County, Ohio.
NOTICES
All
notices and other communications under this
Agreement shall be in writing to Domain
Transfer Dept, Gabriel Web Hosting, P.O. Box
24448., Huber Heights, OH, 45424.
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:
11/07/2008