Terms of Service
1. Agreement
This Domain Name Domain Ownership Transfer Agreement ("Agreement") is by and between fantomaster.com GmbH dba DomainsForTraffic.com (DFT), a Belgium based corporation and you, your agents, assigns, successors and heirs ("you"). Said agreement is made effective as of the date of electronic execution. This agreement sets forth the terms and conditions of your use of DomainsForTraffic.com's Domain Name Ownership Transfer and represents the entire agreement between you and DFT. Furthermore, this Agreement sets forth the terms and conditions of transferring ownership of a registered domain name from any other Registrar your chosen receiving. 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 which DFT may choose or have to establish from time to time.
Such agreements may be found here:
DomainsForTraffic.com Terms of Service
In addition to transactions entered into by you on your own 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 may have established with DFT, whether or not the transactions were in your behalf.
You acknowledge that DFT or its licensors is a domain name sellership and brokerage, not a licensed domain registrar. You agree that DFT or its licensors 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 DFT or its licensors.
This document will be effective upon acceptance of the Domain Name Purchase and Transfer agreements in Step 2 of the Online Domain Name Purchase and Ownership Transfer process.
2. Fees
You agree to pay DFT for the services and products ("service") purchased by you and provided to you by DFT at the time service is provided. Payment is to be made by you via one of the currently available payment methods as featured by our shopping cart system. You understand and accept that, while DFT will charge no additional fees than those specifically referenced during the purchase process, any further resulting costs (e.g. transfer and extension fees) imposed by your chosen receiving registrar will be your own responsibility, not covered by DFT's purchase fee.
Excepting non-fullfilment of purchase and due diligence transfer process initiation by DFT, all payments are non-refundable. If for any reason DFT is unable to charge your payment method for the full amount owed DFT for the purchase and transfer provided, or if DFT is charged a penalty for any fee it previously charged to your payment method, you agree that DFT may pursue all available remedies in order to obtain payment. You agree that among the remedies DFT may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain name purchase and transfer process in your behalf. DFT reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services.
3. The Required Steps for Purchase and Domain Ownership of Your Domain Names
Once the transfer is complete, you will be able to exert full control over purchased domain(s) as per the terms of your chosen receiving registrar you are having the domain(s) transferred to and any agreements you have signed with them.
Step #1: Domain Ownership Purchase Process.
Please proceed through to the shopping cart and pay for your domain name purchase(s) and transfer(s).
Step #2. Domain Ownership Transfer Process.
Next, please update your Administrative Contact's email address at your current registrar. They will then contact the present domain holder's 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 typically be accepted by the losing registrar within appr. 5 business days.
Failed or Rejected Purchase and Transfer Requests
DFT may elect to accept or reject your domain name purchase and transfer request 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 DFT less than sixty (60) days prior to the transfer request. 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. Transfer orders over thirty (30) days old.
4. Terms for Ownership Transfer of Domain Names
Upon successful transfer, your chosen registrar shall become the Registrar of Record. You will still be the Registrant/Owner of the domain.
5. Transfers of Recently Renewed Domain Names
You understand that all transfers will be subject to your chosen receiving registrars policy which are beyond the the control of DFT. Please check your chosen receiving registrars terms of service and policies regarding transfer of recently renewed domain names if in doubt. You understand and agree that DFT is not responsible for any stipulations enforced by your chosen receiving registrar. You understand and agree that DFT will not intervene in any disputes with your chosen receiving registrar's policies beyond conducting the post-purchase transfer process as governed by current law and regulation.
6. Limitation of Liability
YOU AGREE THAT DFT 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 WEB SITE OR LICENSOR WEB SITE(S);
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION EVENTS BEYOND DFT'S REASONABLE CONTROL;
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, FORCE MAJEURE, BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE, EVEN IF DFT ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW SUCH BROAD EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES AS CONTAINED HEREIN. IN SUCH JURISDICTIONS, DFT'S LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DFT MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO DFT FOR PURCHASE AND OWNERSHIP TRANSFER OF A DOMAIN NAME.
7. Indemnification
You agree to defend, indemnify, and hold harmless DFT for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the purchase, 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.
8. 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 your chosen receiving registrar.
9. Other Venue
Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Kingdom of Belgium and any superceding laws of the European Union as 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 Eupen, Belgium and each party expressly consents in the jurisdiction of the federal and state courts located in Brussels, Belgium.
10. Notices
All notices and other communications under this Agreement shall be in writing to fantomaster.com GmbH dba DomainsForTraffic, Zum Konnenbusch 6, B-4750 Berg, Belgium.
11. Domain Dispute Policy
DFT not being a registrar but a domain sellership and brokerage as outlined above, purchases and transfers of domain names are subject to the losing and receiving registrars' respective policies. You understand and agree that as such DFT cannot and does not maintain a domain name dispute policy of its own. All licensed registrars' policies are subject to the Registrar Transfer Dispute Resolution Policy as imposed by the Internet Corporation For Assigned Names and Numbers (ICANN), which can be reviewed online here:
ICANN's Registrar Transfer Dispute Resolution Policy
12. 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 supercedes 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.
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