Domain Name Transfer of Ownership Agreement
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 Vilords
Technologies 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.
Vilords Technologies 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 Vilords
Technologies sole role in connection with this Agreement is as
processor of the transfer of the registration for the Domain Name and
that Vilords Technologies 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, Vilords
Technologies 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 Vilords Technologies of any objection. The
Current Registrant agrees to release, indemnify and hold Vilords
Technologies 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 Vilords Technologies have
entered into a Domain Name Registration Agreement (hereinafter
referred to as "Registration Agreement"). The Current Registrant
releases and discharges Vilords Technologies 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 Vilords Technologies under the Registration
Agreement or entitled to receive any other fees or funds previously
paid to Vilords Technologies. The New Registrant acknowledges that it
agrees to be bound by the agreements that govern all domain names
registered through Vilords Technologies as found on this website,
including the Domain Name Registration Agreement; the Uniform Domain
Name Dispute Resolution Policy; this Agreement; and Vilords
Technologies 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 Vilords
Technologies. There are no third-party beneficiaries of this
Agreement.
LIMITATION OF Vilords Technologies LIABILITY
BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE THATVilords
Technologies 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 Vilords
Technologies 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 Vilords Technologies, 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 Vilords Technologies 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 Vilords Technologies HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Vilords Technologies
MAXIMUM AGGREGATE LIABILITY, TO THE CURRENT REGISTRANT OR THE NEW
REGISTRANT COLLECTIVELY, EXCEED THE TOTAL AMOUNT PAID TO Vilords
Technologies TO PROCESS THIS AGREEMENT. IN ANY EVENT, Vilords
Technologies LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT
PERMITTED BY LAW.
INDEMNIFICATION OF Vilords Technologies BY CURRENT REGISTRANT AND NEW
REGISTRANT
Current Registrant and New Registrant agree, jointly and severally, to
defend, indemnify and hold harmless Vilords Technologies 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 Vilords
Technologies 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 Vilords
Technologies Legal and Dispute Policy.
HOW NOTICES ARE TO BE MADE UNDER THIS AGREEMENT
Both Current Registrant and New Registrant agree that all notices from
Vilords Technologies 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 Vilords Technologies shall be sent by first class
mail to our address at:
Vilords Technologies
Domain Services
Suit # 6, Classic View,
Block 19, Gulistan-e-Jauhar,
Karachi - Pakistan
Delivery shall be deemed to have been made by you to Vilords
Technologies 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 Vilords Technologies,
Current Registrant and New Registrant. |
