This Domain Name Transfer of Ownership Agreement (the
"Agreement") sets forth the agreement between the current
registrant (“Current Registrant”), the new registrant
(“New Registrant”), and Host N Domain regarding change in
ownership of the domain name being transferred (the
"Domain Name") from the Current Registrant to the New
Registrant. This Agreement becomes effective upon electronic
execution.
Host N Domain'S ROLE IN THIS TRANSACTION
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 Host N Domain's sole role in
connection with this Agreement is as processor of the
transfer of the registration for the Domain Name and
that Host N Domain'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. The domain
name may not be transferred to another registrar within
60 days of the completion of the change of ownership
transaction (the "Transfer Prohibition Period"). In
the event the domain name is subject to another change
of ownership within the Transfer Prohibition Period,
the 60 day Transfer Prohibition Period will begin again
upon completion of the subsequent change of ownership
transaction.
Upon completion of the change of ownership of the Domain
Name, Host N Domain will send an email to the Current Registrant
confirming the change of ownership contemplated by this
Agreement. If the Current Registrant has any objection
to the change of ownership whatsoever, the Current Registrant
assumes all responsibility for responding to such email
and notifying Host N Domain of any objection. The Current
Registrant agrees to release, indemnify and hold Host N Domain harmless for any issues that arise as a result
of an improper change of ownership, whether intentionally
or unintentionally initiated, whether by the Current
Registrant or others acting on its behalf.
LEGAL AGREEMENTS
Current Registrant acknowledges that it and Host N Domain
have entered into a Domain Name Registration Agreement
(hereinafter referred to as "Registration Agreement").
The Current Registrant releases and discharges Host N Domain 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 Host N Domain under the Registration
Agreement or entitled to receive any other fees or funds
previously paid to Host N Domain. The New Registrant acknowledges
that it agrees to be bound by the agreements that govern
all domain names registered through Host N Domain as found
on this website, including the Domain Name Registration
Agreement; the Uniform Domain Name Dispute Resolution
Policy; this Agreement; and Host N Domain'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.
CURRENT REGISTRANT'S REPRESENTATIONS
The Current Registrant represents and warrants that
it has good title to the registration of the Domain
Name, that it has not received notice from any third-party
alleging any violation of any third-party's rights through
Current Registrant's use and/or registration of the
Domain Name, that the Domain Name is not subject to
any pending or threatened legal dispute with any third-parties,
nor subject to any proceeding or order from any judicial
or administrative body, that Current Registrant has
not and will not purport to grant to any party other
than New Registrant any right or interest in the Domain
Name, that the Domain Name registrant transfer described
herein does not conflict with any agreement, contract,
lease, license, instrument, or other arrangement to
which the Current Registrant is a party or by which
Current Registrant is bound or to which the Domain Name
is subject and that it has no current knowledge of any
reason why the registration of the Domain Name could
in any way be deemed to be invalid.
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.
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 Host N Domain. There are
no third-party beneficiaries of this Agreement.
LIMITATION OF Host N Domain'S LIABILITY
BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE
THAT Host N Domain 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 Host N Domain'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 Host N Domain, 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 Host N Domain 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 Host N Domain HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL Host N Domain'S MAXIMUM
AGGREGATE LIABILITY, TO THE CURRENT REGISTRANT OR THE
NEW REGISTRANT COLLECTIVELY, EXCEED THE TOTAL AMOUNT
PAID TO Host N Domain TO PROCESS THIS AGREEMENT. IN ANY
EVENT, Host N Domain'S LIABILITY SHALL BE LIMITED TO THE
SMALLEST AMOUNT PERMITTED BY LAW.
INDEMNIFICATION OF Host N Domain BY CURRENT REGISTRANT AND
NEW REGISTRANT
Current Registrant and New Registrant agree, jointly
and severally, to defend, indemnify and hold harmless
Host N Domain 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 Host N Domain 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 Host N Domain's Legal and Dispute Policy.
HOW NOTICES ARE TO BE MADE UNDER THIS AGREEMENT
Both Current Registrant and New Registrant agree that
all notices from Host N Domain 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 Host N Domain shall be sent by first
class mail to our address at:
Domain Services Host N Domain
710, Land Mark Plaza,
Opp. Jang Press,
I.I. Chundrigar Road,
Karachi - Pakistan
Delivery shall be deemed to have been made by you to
Host N Domain three (3) days after the date sent.
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.
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 Host N Domain, Current Registrant and New Registrant.
Domain
Policies & Agreements