INSTRUCTIONS FOR COMPLETING THE TRANSFER OF OWNERSHIP AGREEMENT

  1. Please print this document from your web browser by selecting Print on the File menu.

  2. Currently, TCPIPHost does not accept checks.  Please make the change of ownership payment online or by contacting us at (604) 292-2779.

  3. Seller:

    a. Review document and sign as Current Registrant (last page)
    b. Your signature must be notarized (last page)
    c. Mail a copy of your picture identification with this document. IF a company is listed in Current Registrant, please provide a copy of your business license or other proof of business identity.

  4. Buyer:

    a. Review document and sign as New Registrant (last page)
    b. Mail a copy of your picture identification (or business license if the new registrant is a business) with this document.


  5. Please verify, per ICANN regulations, that all contact information is accurate and valid. TCPIPHost reserves the right to cancel a domain name due to invalid contact information.


  6. We do NOT accept fax transmissions of this agreement.

    Please mail the completed Agreement to:

    TCPIPHost
    ATTN: Domain Change of Ownership Department
    PO Box 2703
    349 West Georgia St
    Vancouver, BC
    Canada  V6B 3X2

    Note: Be sure to include a return address

  7. Please allow 5 (five) business days for change of ownership. We will send an email confirmation once the transfer is completed.


TCPIPHost
("TCPIPHost")
Domain Name Transfer of Registrant Application

This Domain Name Transfer of Registrant Application (the "Agreement"), if accepted by Go Daddy, sets forth the agreement between the Current Registrant and the New Registrant, as defined below, and TCPIPHost regarding the transfer of the registration of the domain name referred to below (the "Domain Name") from the Current Registrant to the New Registrant.

THE CURRENT REGISTRANT

Information concerning the present Seller/Current Registrant, identified herein as "The Current Registrant," is as follows (Information concerning the administrative contact for The Current Registrant of the Domain Name for which ownership is to be transferred must be provided.  All information provided must match that of the current WHOIS record in TCPIPHost's database, and all information fields must be completed):
        
OLD OWNER INFO HERE  

THE NEW REGISTRANT

Information concerning the buyer or recipient, referred to herein as "The New Registrant," of the Domain Name is as follows (all information fields must be completed):
        
NEW OWNER INFO HERE  

TCPIPHost

Information concerning TCPIPHost (herein referred to as "TCPIPHost") is as follows:
        
TCPIPHost
PO Box 2703
Vancouver, BC
Canada  V6B 3X2
Vancouver, British Columbia  V6B 3X2
 
Contact:  Mr. Darren Chu, Domain Services
Telephone:  (604) 292-2779
Email:  darrenchu@tcpiphost.com

DOMAIN NAME

The Domain Name to be transferred from the Current Registrant to the New Registrant follows:

       Domain Name:
(hereinafter the "Domain Name")
 

TCPIPHost'S ROLE IN THIS TRANSACTION IS MERELY THAT OF PROCESSOR

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 TCPIPHost's sole role in connection with this Agreement is as processor of the transfer of the registration for the Domain Name and that TCPIPHost's 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.

CURRENT REGISTRANT'S INTENT TO SURRENDER DOMAIN NAME

Current Registrant acknowledges that it and TCPIPHost have entered into a Domain Name Registration Agreement (hereinafter referred to as "Registration Agreement").  The Current Registrant releases and discharges TCPIPHost from any and all obligations and liabilities to it under the Registration Agreement.

NO REFUND DUE CURRENT REGISTRANT FROM TCPIPHOST

Current Registrant acknowledges that it is not due the refund of any fees previously paid to Go Daddy under the Registration Agreement or entitled to receive any other fees or funds previously paid to TCPIPHost.

TCPIPHOST MAY TAKE ALL STEPS TO REGISTER DOMAIN NAME ON BEHALF OF NEW REGISTRANT

Current Registrant hereby authorizes TCPIPHost to take whatever steps it deems necessary to register the Domain Name on behalf of the New Registrant.  Current Registrant acknowledges that this will involve disconnecting the Domain Name from the IP Address designated by Current Registrant.

TCPIPHOST HAS NO LIABILITY FOR AMOUNT OF OR ACTUAL PAYMENT OF CONSIDERATION DUE CURRENT REGISTRANT IN CONNECTION WITH THIS TRANSFER

The Current Registrant agrees that TCPIPHost shall have no liability for the amount and/or payment of any consideration due Current Registrant from New Registrant in connection with the transfer of registration of the Domain Name as contemplated by this Agreement.  Current Registrant acknowledges that it is receiving good, valuable and sufficient consideration for the transfer of registration of the Domain Name and that TCPIPHost has no responsibility therefor.

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 sign 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 TCPIPHost.  There are no third-party beneficiaries of this Agreement.

NEW REGISTRANT HAS READ AND AGREES WITH RELEVANT DOMAIN NAME AGREEMENTS

As part of this Agreement, and in order to induce TCPIPHost to process this Agreement, the New Registrant warrants to TCPIPHost that it has read, understood and agrees to be bound by the following agreements that govern all domain names registered through TCPIPHost:
  1. Domain Name Registration Agreement
  2. Legal and Dispute Policy
  3. TCPIPHost's policies and procedures as posted on its web site
New Registrant hereby agrees that all rights and liabilities of Current Registrant under the Registration Agreement are hereby transferred and assigned to New Registrant.

TCPIPHOST HAS NO LIABILITY TO NEW REGISTRANT FOR VALIDITY OF TRANSFER

The New Registrant assumes full and complete responsibility for, and agrees that, TCPIPHost shall have no liability for:
  1. Current Registrant's actual registration of the Domain Name.
  2. Current Registrant's legal right and ability to transfer registration of the Domain Name to New Registrant.
  3. Any and all situations that exist previous to this agreement or that may arise which cause the transfer of registration of the Domain Name to New Registrant to either be delayed or not to take place.
  4. The validity and/or enforceability of New Registrant's ownership of the registration of Domain Name when the transfer is consummated.

LIMITATION OF TCPIPHOST LIABILITY

BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE THAT TCPIPHOST 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 TCPIPHOST'S 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 TCPIPHOST, 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 TCPIPHOST 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 TCPIPHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL TCPIPHOST'S MAXIMUM AGGREGATE LIABILITY, TO THE CURRENT REGISTRANT OR THE NEW REGISTRANT COLLECTIVELY, EXCEED THE TOTAL AMOUNT PAID TO TCPIPHOST TO PROCESS THIS AGREEMENT.  IN ANY EVENT, TCPIPHOST'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

INDEMNIFICATION OF TCPIPHOST BY CURRENT REGISTRANT AND NEW REGISTRANT

Current Registrant and New Registrant agree, jointly and severally, to defend, indemnify and hold harmless TCPIPHost 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 TCPIPHost 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 TCPIPHost's Legal and Dispute Policy.

TCPIPHOST MUST BE PAID BEFORE THIS FORM WILL BE PROCESSED

Both Current Registrant and New Registrant acknowledge that TCPIPHost will not begin processing this transfer of registrant for the Domain Name until TCPIPHost is actually paid its processing fee as found on http://tcpiphost.com/packages/domains/registration.asp.

APPLICATION

This Agreement constitutes an application by the Current Registrant and the New Registrant to TCPIPHost for the transfer of the registration described herein.  TCPIPHost may reject this application for any reason that it deems appropriate in its sole and exclusive discretion.  TCPIPHost's acceptance of this application shall consist only of TCPIPHost's attempt to process the transfer of the registration described herein.

TCPIPHOST'S PROCESSING FEE IS NON-REFUNDABLE

It is also understood that, once paid, TCPIPHost's fee will become non-refundable regardless of whether the transfer of registration as contemplated by this Agreement actually takes place.

TRANSFER OF REGISTRATION MUST TAKE PLACE WITHIN 60 DAYS OR THIS AGREEMENT MAY BE CANCELLED AND TCPIPHost'S PROCESSING FEE SHALL BE FORFEITED

It is further agreed by Current Registrant and New Registrant that if the transfer of registrant for the Domain Name is not completed within a period of 60 days from the day this application was first submitted to TCPIPHost, as a result of TCPIPHost being provided either inadequate or erroneous information by either Current Registrant or New Registrant, that this Agreement shall be deemed cancelled and the processing fee shall be forfeited to TCPIPHost.  In this case, should either party desire to continue with the transfer, this Agreement must be resubmitted and TCPIPHost must be paid a new processing fee, as set forth on TCPIPHost's web site (located at http://tcpiphost.com/packages/domains/registration.asp).

TERMS OF THIS AGREEMENT ARE SEVERABLE

You agree that the terms of this Agreement are severable.  If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be modified to the minimum extent necessary to make it enforceable and valid in accordance with the intentions of the parties, and if that cannot be done, then such provision shall be severed.  In any case, the remaining terms and conditions of the agreement will remain in full force and effect.

THIS AGREEMENT IS GOVERNED BY BRITISH COLUMBIA LAW

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE PROVINCE OF BRITISH COLUMBIA.  THE LAWS AND JUDICIAL DECISIONS OF BRITISH COLUMBIA SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT.  THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT SHALL BE BROUGHT IN THE COURTS OF BRITISH COLUMBIA AND CURRENT REGISTRANT AND NEW REGISTRANT AGREE THAT BRITISH COLUMBIA IS THE SOLE AND EXCLUSIVE VENUE FOR SUCH ACTIONS.

TRIAL BY JURY IS WAIVED

THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING RELATING TO OR ARISING OUT OF THIS AGREEMENT.  ALL SUCH DISPUTES SHALL BE TRIED BY THE COURT, NOT A JURY.

ATTORNEYS' 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.

HOW NOTICES ARE TO BE MADE UNDER THIS AGREEMENT

Both Current Registrant and New Registrant agree that all notices from TCPIPHost 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 TCPIPHost shall be sent by first class mail to our address at:
      
Domain Services
TCPIPHost
PO Box 2703
349 West Georgia St
Vancouver, BC
Canada  V6B 3X2
 

Delivery shall be deemed to have been made by you to TCPIPHost 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 TCPIPHost, Current Registrant and New Registrant.

Current Registrant and New Registrant enter into this Agreement this _______ day of ______________________, 200__, as evidenced by their signatures below:

CURRENT REGISTRANT:    NEW REGISTRANT:









Name (Print):

Name (Print):

Title:

Title:

Date:

Date:

IMPORTANT:  A Canadian Notary Public or foreign equivalent must notarize Current Registrant's signature.  Both Current Registrant and New Registrant must submit photocopies of valid photo identification.



STATE OF   )
  )  ss.
County of   )

__________________, being the __________ of ______________, a(n) ______________ corporation, hereby certifies that I have read the foregoing Agreement and agree to the contents thereof.

SUBSCRIBED AND SWORN TO before me, the undersigned Notary Public, this ____ day of ________________________, 200__.



  Notary Public

My Commission Expires:

_____________________


Registration Agreement | Transfer Agreement | Transfer Ownership Agreement | Whois

Copyright © 2002 TCPIPHost All rights reserved.