DOMAIN NAME TRANSFER POLICY

• YOUR AGREEMENT

  By using the Site and using the Services, you agree to all terms and conditions of this Agreement, which incorporates by reference Sav’s Universal Terms of Service Agreement (“UTOS”).

  YOUR UNDERSTAND AND AGREE THAT THE FAST TRANSFER SERVICE IS PROVIDED ENTIRELY BY AFTERNIC. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES YOU ARE BOUND BY AFTERNIC’S  MEMBERSHIP AGREEMENT, TERMS OF USE,  AND PRIVACY POLICY.  YOU AGREE THAT YOU WILL READ THESE AGREEMENTS AND POLICIES PRIOR TO USING THE FAST TRANSFER SERVICE. YOU UNDERSTAND AND AGREE THAT SAV IS NOT RESPONSIBLE FOR MAINTAINING OR PROVIDING THE FAST TRANSFER SERVICE AND THEREFORE ANY ISSUES CONCERNING SUCH SERVICE MUST BE ADDRESSED TO AFTERNIC.

  YOUR UNDERSTAND AND AGREE THAT THE STS IS PROVIDED ENTIRELY BY SEDO. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES YOU ARE BOUND BY SEDO’S  DOMAIN TRANSFER AGREEMENT.  YOU AGREE THAT YOU WILL READ THIS AGREEMENTS AND PRIOR TO USING THE STS. YOU UNDERSTAND AND AGREE THAT SAV IS NOT RESPONSIBLE FOR MAINTAINING OR PROVIDING THE STS AND THEREFORE ANY ISSUES CONCERNING SUCH SERVICE MUST BE ADDRESSED TO SEDO.

• CHANGES TO THIS AGREEMENT

  We reserve the right, upon notice to you, to modify any provisions of this Agreement at any time at our discretion and without liability to you. Modifications by us are effective thirty (30) days after notifying you via email to the address you have supplied us, or immediately via notice and acceptance through our Site. After such changes or modifications have been made, your continued use of the Site or Services constitutes your agreement to be bound by this Agreement as last revised. If you do not agree to the modifications or to any applicable policies or guidelines on the Services, you must stop using the Site or Services. If you have purchased Services from us, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as you take advantage of and use the Services.

• DESCRIPTION OF THE SERVICES

  Fast Transfer Service.   Domain names transferred using the Fast Transfer Service may be immediately transferred from your User Account to the account and/or registrar of the buyer of the domain name via Afternic’s network. You understand that the Fast Transfer Service may take several days to complete.

  You may elect to remove a domain from the Fast Transfer Service at any time. However, because such removals may take a few days to complete, you are required to authorize any sale for any domain name listed through the Fast Transfer Service until the removal is complete.

  Standard Transfer Service (“STS”).  The STS offers Sedo's assistance with the transfer of a registration of, or legal right to register, domain name that is the subject of a purchase and sale agreement whereby a domain buyer has agreed to purchase the domain from a domain seller.

  Content and Data.   Neither the Fast Transfer Service and/or STS include the purchase or sale of content, data, programming or other elements of the website/project and/or any additional consideration included in a purchase and sale agreement between a buyer and seller.

• DESIGNATED AGENT

  “DESIGNATED AGENT” MEANS AN INDIVIDUAL OR ENTITY THAT THE PRIOR REGISTRANT OR NEW REGISTRANT EXPLICITLY AUTHORIZES TO APPROVE A CHANGE OF REGISTRANT REQUEST ON ITS BEHALF. IN THE CASE OF SAV THE FAST TRANSFER SERVICE, A CHANGE OF REGISTRANT REQUEST MAY ALSO ARISE DUE TO INSTANCES WHERE SAV SERVICES ARE ADDED, OR REMOVED, FROM A DOMAIN NAME. FOR THE PURPOSE OF FACILITATING ANY SUCH CHANGE REQUEST, AND IN ACCORDANCE WITH ICANN'S CHANGE OF REGISTRANT POLICY, YOU AGREE TO APPOINT SAV AS YOUR DESIGNATED AGENT FOR THE SOLE PURPOSE OF EXPLICITLY CONSENTING TO MATERIAL CHANGES OF REGISTRATION CONTACT INFORMATION ON YOUR BEHALF.

  In order to facilitate a transfer, Sav may act as your Designated Agent, to perform limited tasks, including but not limited to: (i) removing transfer locks, (ii) initiating a change of registrant, and (iii) overriding transfer procedures, including Sav’s transfer validation service (described in Sav’s Domain Name Registration Agreement). 

• LIMITATION OF LIABILITY

  For domain names listed and sold through the Fast Transfer Service and/or STS, you acknowledge that Sav does not participate in the listing and sale of the domain name. Sav has no liability or obligations regarding your use of the Fast Transfer Service and/or STS, and Sav has no control over third party buyers or other registrars. Sav does not review or approve any third party buyer, does not have access to any payment information for any third party purchase through the Fast Transfer Service and/or STS, and is not responsible for any issues arising from you use of the Fast Transfer Service and/or STS, including but not limited to non-payment, chargebacks, and disclosure of payment information.

  Sav does not guarantee the sale for any domain listed through the Fast Transfer Service and/or STS, and reserves the right, in Sav’s sole discretion, to (i) block any domain name registered with Sav from being listed through the Fast Transfer Service, (ii) block any domain name registered with Sav from being listed through the STS (iii) remove any domain registered with Sav from being listed through the Fast Transfer Service and/or STS, for reasons including but not limited to domain names that are within 30 days of expiration, are under registrar lock, are subject to a domain name dispute or abuse complaint, are transferred to another registrar, or otherwise violate Sav’s UTOS.

  IN NO EVENT SHALL SAV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) YOUR USE OF THE FAST TRANSFER SERVICE AND/OR STS, (II) THE SALE OF YOUR DOMAIN TO A THIRD PARTY, (III) FAST AND/OR STANDARD TRANSFER OF THE DOMAIN NAME FROM YOUR ACCOUNT TO A THIRD PARTY AND/OR ANOTHER REGISTRAR, (IV) FAILURE OF A DOMAIN NAME TO TRANSFER IMMEDIATELY AFTER SALE, AND/OR (V) SALE OF A DOMAIN NAME.

• AUTHORITY

  You represent that you are authorized to sell, transfer and otherwise transfer ownership of the domain. You further represent that the domain does not violate or infringe a third party's trademark, trade name or other legal rights. You hereby agree to indemnify Sav from any and all third party claims against Sav which are based on the domain name’s violation of third-party rights or your breach of this Agreement.

• GOVERNING LAW

  This Agreement shall be governed in all respects by the laws and judicial decisions Illinois, excluding its conflicts of laws rules. Except as provided immediately below, You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of Chicago, Illinois. For the adjudication of domain name registration disputes, you agree to submit to the exclusive jurisdiction and venue of the U.S. District Court for the Northern District of Illinois located in Chicago, Illinois. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement.

• 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.