|Last Revised: April 27, 2017
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 HMA TECHNOLOGY, an individual (“HMA Host”) 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 HMA Host’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 HMA Host’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 HMA Host. 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.
HMA Host, 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 HMA Host website (this “Site”). You acknowledge and agree that (i) HMA Host 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, HMA Host may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. HMA Host 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
HMA Host 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 HMA Host 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 AND TRANSFER PROCESS; HMA HOST’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 HMA Host’s sole role in connection with this Agreement is as processor of change of registrant information and/or the transfer of the registration request for the domain name and HMA Host’s only responsibility under this Agreement will be to process the electronic change of registrant information and/or transfer of the registration request for the domain name. The Current Registrant and the New Registrant assume full responsibility for the legal validity of any change of registrant information and/or transfer of the domain name.
Please note the following:
- By entering into a change of registrant transaction, you acknowledge and agree that the domain name may not be transferred to another domain name registrar within sixty (60) days after the completion of the change of registrant transaction (the “Transfer Prohibition Period”). Therefore, if either the Current Registrant or the New Registrant anticipate the need to transfer the domain name to another domain name registrar within sixty (60) days after completion of the change of registrant transaction, the Current Registrant and the New Registrant should make arrangements to transfer the domain name to the new domain name registrar first, and make any necessary changes to the domain name registrant second.
- In addition, in the event the domain name is subject to a subsequent change of registrant transaction within the Transfer Prohibition Period, the Transfer Prohibition Period will begin again upon completion of the subsequent change of registrant transaction.
A. Change of Registrant Process
Once the Current Registrant initiates the change of registrant request, HMA Host will send a confirmation email to both the Current Registrant and the New Registrant. Both parties must acknowledge and explicitly consent to the change of registrant information in order for the changes to be approved. Both the Current and New Registrant will receive emails regarding the change and will need to click through to a landing page where (1) the Current Registrant will need to review the domains and change of registrant information; the Current Registrant will also need to opt-out of the 60-day transfer lock if the intent is to transfer the domain to a different registrar, and (2) the New Registrant will need to review the domains and change of registrant information; New Registrant will need to enter into a new registrant agreement with HMA Host (if applicable). Both the Current Registrant and New Registrant must confirm the terms of the change of registrant transaction within five (5) days of receipt of the confirmation email. In the event either the Current Registrant or the New Registrant fails to confirm the terms of the change of registrant transaction within such five (5) day period, you acknowledge and agree the change will not occur and the change of registrant information request will expire, requiring the Current Registrant to begin the process anew.
Upon completion of the change of registrant transaction, HMA Host will send an email to both Current/Prior Registrant and the New 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 HMA Host of any objection within fifteen (15) days of receipt of the email. The Current Registrant agrees to release, indemnify and hold HMA Host 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.
B. Transfer Process
Upon the Current Registrant’s initiation of a transfer request, HMA Host will send a confirmation email to the New Registrant. 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 transfer 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.
3. REPRESENTATIONS AND WARRANTIES OF THE CURRENT REGISTRANT AND THE NEW REGISTRANT
By electronically accepting this Agreement, you hereby represent and warrant that, on behalf of the Current Registrant or the New Registrant, you have the right, power, legal capacity and appropriate authority to enter into this Agreement on behalf of the Current Registrant or 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. You further represent and warrant that, as the shopper of your Shopper Account, you are explicitly authorized by the registrant of domain name(s) in your Shopper Account to be the Designated Agent for the purposes herein.
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 HMA Host’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 HMA Host from any and all liabilities and obligations to the Current Registrant in connection with the Registration Agreements.
6. LIMITATIONS ON HMA HOST’S LIABILITY TO THE NEW REGISTRANT
The New Registrant assumes full and complete responsibility, and acknowledges and agrees HMA Host shall have no liability, for:
- The Current Registrant’s actual registration of the domain name.
- The Current Registrant’s legal right and ability to transfer registration of the domain name to the New Registrant.
- Any and all situations existing prior to this Agreement or that may arise which cause the transfer of registration of the domain name to the New Registrant to either be delayed or not take place.
- The validity and/or enforceability of the New Registrant’s entitlement to the registration of the domain name when the transfer is consummated.
7. ADDITIONAL LIMITATIONS ON HMA HOST’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 HMA Host 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 HMA Host’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 HMA Host, 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 HMA Host 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.