Last
Revised: 21/10/2020
PLEASE
READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS AND REMEDIES.
1.
OVERVIEW
This
Domain Name Transfer Agreement (this Agreement) is entered into by and between
LINK, or in the event of a .ca domain name, by and between Wild West Domains
Canada, Inc., a British Columbia corporation (each "LINK") 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 LINK's Domain Name Transfer
services (the Services) to transfer a registered domain name from another
domain name registrar to LINK as the domain name registrar. Your electronic
acceptance of this Agreement signifies that you have read, understand,
acknowledge and agree to be bound by this Agreement, along with LINKs 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 LINK. 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.
LINK,
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
LINK website (this Site). You acknowledge and agree that (i) LINK 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, LINK may occasionally notify you of changes or modifications to this
Agreement by email. It is therefore very important that you keep your account
(Account) information, including your email address, current. LINK 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if such failure results from an inaccurate or out-of-date email address.
LINK
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 LINK 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
This
Agreement will be effective upon acceptance of the Registration and Transfer
agreements in Step 3 of the Online Transfer Application process.
2.
TRANSFER PROCESS FOR ALL DOMAIN NAMES, EXCEPT .CA DOMAIN NAMES
2.A.
Steps for Transferring Your Domain Name Registration
NOTE:
Once the transfer is complete, you will be able to RENEW, MODIFY DNS, and
perform other functions by logging into your Account Manager. Complete all
required information requested through the online transfer application, i.e.
contact information, nameserver information, etc. Proceed through to the
shopping cart and pay for your transfer(s). Update your Administrative
Contact's email address at your current registrar. We will be contacting the
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 be accepted or denied by the losing registrar within
five (5) days.
2.B.
Failed or Rejected Transfer Requests
LINK
may elect to accept or reject your domain name transfer application 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 LINK less than sixty (60) days prior to the transfer
request;
The
domain name expired but was not renewed;
The
domain name expired and was renewed during the forty-two (42) day grace period
and the forty-two (42) day grace period has not yet passed;
The
Domain Name Registrant was changed less than sixty (60) days prior to the
transfer request;
There
was a Change of Account less than ten (10) 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;
Any
situation described in the Dispute Policy; or
Transfer
orders over thirty (30) days old.
2.C.
Terms for Transferring Domain Names
Upon
successful transfer, you shall remain the registrant of the domain name and
LINK's sponsoring registrar shall become the registrar of record. Your
registration will be automatically extended by one (1) year when available by
the domain name registry (please see the product disclaimers located on this
Site for any applicable exceptions). Domain name registration transfers may
only be initiated once acceptance of this Agreement is recorded, payment is
made and the Administrative contact has responded positively to our email
message asking for Permission to Transfer. The email message asking for
Permission to Transfer will be sent to the Domain Name(s) Administrative
Contact as identified in the previous Registrar's WHO-IS database. You agree to
retain a copy for your own records of the receipt for purchase of your domain
name. The Administrative Contact will be acting on behalf of the Registrant and
has legal authority to initiate this transfer request. You are responsible for
updating the Administrative Contact's email as identified in the previous
Registrar's WHO-IS database.
2.D.
Transfers of Recently Renewed Domain Names
You
understand that if you are transferring a domain name that has been recently
renewed, there is the potential the renewal year will be lost. The renewal year
will be lost if: (i) the domain name was renewed during the forty-two (42) day
grace period after the expiration date had passed; and (ii) forty-two (42)
days have not yet passed since that expiration date. You understand and agree
that LINK is not responsible for this lost year and that LINK will not credit
that year to your domain. You will need to review the registration agreement
you have with your previous registrar to determine if you are due a refund or
credit for the lost year. Please contact your previous registrar if you have
any questions about the lost year. You understand and agree that LINK will not
intervene in the recovery of any such lost registration years that occur during
the transfer of your domain name.
2.E.
Data for Domain Transfer
You
understand this is a request for a domain name transfer of registrars. By
acceptance of this Agreement, you are requesting the domain name registration
be transferred from the current registrar to LINK. As the current authorized
Registrant of the domain name(s), you agree to authorize this transfer by
notifying your Administrative contact of his/her responsibilities with respect
to this transfer. You acknowledge that you and LINK have entered into a Domain
Name Registration Agreement. You have read, understood, and agree to be legally
bound by the agreements that govern all domain names registered through LINK as
found on the legal agreements page, including the Domain Name Registration
Agreement; the ICANN Rules for Uniform Domain Name Dispute Resolution Policy;
this Agreement; any LINK policies and procedures that are or may be published
from time to time by LINK, ICANN, and/or the Registry Administrator chosen by
ICANN.
3.
TRANSFER PROCESS FOR .CA DOMAIN NAMES
3.A.
Steps for Transferring Your Domain Name Registration
NOTE:
Once the transfer is complete, you will be able to RENEW, MODIFY DNS, and
perform other functions by logging into your Account Manager. Complete all
required information requested through the online transfer application, i.e.
contact information, nameserver information, etc. Proceed through to the
shopping cart and pay for your transfer(s). Update your Administrative
Contact's email address at your current registrar. We will send an email to the
email address in your account for transfer approval. The transfer will be
initiated immediately once the correct authorization code is provided.
3.B.
Failed or Rejected Transfer Requests
LINK
may elect to accept or reject your domain name transfer application for any
reason at its sole discretion. Rejections may include, but are not limited to:
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 LINK less than sixty (60) days prior to the transfer
request;
The
domain name expired but was not renewed;
The
domain name expired and was renewed during the forty-two (42) day grace period
and the forty-two (42) day grace period has not yet passed;
The
Domain Name Registrant was changed less than sixty (60) days prior to the
transfer request;
There
was a Change of Account less than ten (10) 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;
Any
situation described in the Dispute Policy; or
Transfer
orders over thirty (30) days old.
3.C.
Terms for Transferring Domain Names
Upon
successful transfer, you shall remain the registrant of the domain name and
LINK shall become the registrar of record. Your registration will be
automatically extended by one (1) year. Domain name registration transfers may
only be initiated once acceptance of this Agreement is recorded, payment is
made and you have responded positively to our email message asking for
Permission to Transfer. The email message asking for Permission to Transfer
will be sent to you. You agree to retain a copy for your own records of the
receipt for purchase of your domain name.
3.D.
Transfers of Recently Renewed Domain Names
You
understand that if you are transferring a domain name that has been recently
renewed, there is the potential the renewal year will be lost. The renewal year
will be lost if: (i) the domain name was renewed during the forty-two (42) day
grace period after the expiration date had passed; and (ii) forty-two (42)
days have not yet passed since that expiration date. You understand and agree
that LINK is not responsible for this lost year and that LINK will not credit
that year to your domain. You will need to review the registration agreement
you have with your previous registrar to determine if you are due a refund or
credit for the lost year. Please contact your previous registrar if you have
any questions about the lost year. You understand and agree that LINK will not
intervene in the recovery of any such lost registration years that occur during
the transfer of your domain name.
3.E.
Data for Domain Transfer
You
understand this is a request for a domain name transfer of registrars. By
acceptance of this Agreement, you are requesting the domain name registration
be transferred from the current registrar to LINK. You acknowledge that you and
LINK have entered into a Domain Name Registration Agreement. You have read,
understood, and agree to be legally bound by the agreements that govern all
domain names registered through LINK as found on the legal agreements page,
including the Domain Name Registration Agreement; the ICANN Rules for Uniform
Domain Name Dispute Resolution Policy; this Agreement; any LINK policies and
procedures that are or may be published from time to time by LINK.
4.
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.
5.
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.
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