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In
this Agreement, "we," "us," and "our" refer to
Assorted; "Third Party" refers to an ICANN accredited domain name
registrar other than Assorted; "Losing Registrar" refers to the
Registrar that is losing a domain name in the transfer process; "Gaining
Registrar" refers to the registrar that is gaining a domain name in the
transfer process; "Registered Name Holder" refers to the registered
owner/holder of the domain name sought to be transferred; "Administrative
Contact" refers to the entity listed as administrative contact under the
Losing Registrar's WHOIS service for the domain name sought to be transferred;
"Transfer Contact" refers to either the Registered Name Holder or the
Administrative Contact; "Our Site" refers to the website located at
the URL http://www.assorted.com.
By using our service, Registered Name Holder and/or Administrative Contact
agrees to accept the following terms and conditions of this Agreement and
agrees to be bound by them. Any questions that our Help Section does not answer
can be directed to support@assorted.com.
We
may amend this Agreement at any time by posting the amended terms on Our Site.
The amendment shall automatically be effective three (3) days after they are
initially posted.
1. Other Agreements.
In addition to this Agreement, Transfer Contact agrees to accept and be bound
by the terms and conditions set forth at http://www.assorted.com/legal/policy.php.
Those terms are incorporated herein as if copied in extenso.
2. Description of Service. Our
service is designed to allow the Transfer Contact to transfer a domain name
from us to a Third Party or from a Third Party to us. Registered Name Holder
agrees to pay all fees associated with our service.
3. Authority to Transfer. The
Registered Name Holder and Administrative Contact (e.g., the Transfer Contact),
as listed in the Losing Registrar's or applicable Registry's (where available)
publicly accessible WHOIS service are the only parties that have the authority
to approve or deny a transfer request to the Gaining Registrar. In the event of
a dispute, the Registered Name Holder's authority supersedes that of the
Administrative Contact.
4. Transfer Requirements.The
Registered Name Holder must have a Assorted account before a domain name can
transferred to us. For more information or to setup a free account, visit http://www.assorted.com/signup/.
5. Restrictions on Domain Transfers.
There are no restrictions imposed on any Third Party to which we will transfer
a domain name or from which Third Party we will accept a transfer request.
6. Transfers to Assorted.
In each instance in which we are the Gaining Registrar, we will:
- Obtain
express authorization from either the Registered Name Holder or the
Administrative Contact (e.g., the Transfer Contact). A transfer may only
proceed if confirmation of the transfer is received by the us from the
Transfer Contact.
We will attempt to obtain authorization
to transfer domain names by sending an "Initial Authorization for
Registrar Transfer" standardized form to the Transfer Contact. This form
will be sent to the Transfer Contact's registered email address to request authorization
to transfer a domain name. The Transfer Contact will be required to follow the
instructions provided in the standardized form in order for the transfer
process to proceed. A copy of this form is available by clicking here.
7. Transfers Away from Assorted.
When we receive a request to transfer a domain name registration to a Third
Party, we will take the following protective measures:
- We
will make reasonable efforts to verify the validity of the party
requesting the transfer.
- If
fraud is suspected, we will make an attempt to verify the transfer request
using our account information for the Transfer Contact.
- We
will send to the Registered Name Holder the standardized form labeled
"Confirmation of Registrar Transfer Request" to request
confirmation or denial of the transfer. A copy of this form is available
by clicking here. FAILURE TO DISAPPROVE OF THIS CONFIRMATION FORM IN A
TIMELY MANNER, USUALLY WITHIN 5 DAYS, WILL RESULT IN THE AUTOMATIC
APPROVAL TO TRANSFER THE DOMAIN REGISTRATION.
8. Transfer Fees.Registered
Name Holder hereby agrees to be bound by all domain name transfer fees in
conjunction with our service. The fee for each domain name transfer to us is
US$30.00 payable by credit card. If Registered Name Holder's account with us
contains sufficient Assorted Credits ("ACs"), 30.00 ACs will be
debited from Registered Name Holder's account for every domain name transferred
to us.
9. Billing and Fee Refunds.Registered
Name Holder will be charged the appropriate domain name transfer fee whether or
not the transfer is successful. However, in the event there is any transfer
failure caused by reasons other than fraud, we may credit Registered Name
Holder's account 30.00 Assorted Credits (ACs) for every transfer that is
unsuccessful. Registered Name Holder agrees to accept this compensation as full
and complete satisfaction of any liability or responsibility we may have to
Registered Name Holder arising out of or in connection with the failed transfer
to us. Registered Name Holder acknowledges and accepts that any compensation
provided by us under this Paragraph 9 will only be in the form of ACs.
10. Choice of Language.All
official correspondence with regards to the transfer process, including but not
limited to any standardized domain name transfer forms, must be communicated in
the English language to be valid.
11. Choice of Law / Venue. This
Agreement shall be governed by the laws of the Cayman Islands, without regards
to any conflict of laws provisions. Any action relating to or arising out of
this agreement shall be brought exclusively in the courts of the Cayman Islands.
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