Domain name registration transfer agreement
The present Domain name Registration Agreement hereafter referred to as “Agreement” is made by and between M. & S. & P. GLOBAL LIMITED (doing business as Eskhosting) and You hereafter referred to as "Transferor" (the individual or entity desiring to transfer the registration of a domain name) jointly referred to as “Parties”. The present Agreement sets forth the terms and conditions of Domain Name Transfer and represents the entire agreement between Transferor and M. & S. & P. GLOBAL LIMITED.
You understand that M. & S. & P. GLOBAL LIMITED is bound by the terms of Tucows (ICANN accredited registrar) and by the terms of Internet Corporation for Assigned Names and Numbers “ICANN” Policy on Transfer of Registrations between Registrars.
After transfer request submitted either on the official website http://www.eskhosting.com or from user control panel https://user.eskhosting.com the transfer process is initiated and the e-mail with the request to confirm the transfer of the domain name is sent to the Administrative contact listed in public Whois database. Upon positive response and receipt of the authorization code (“AuthInfo” code that is unique on a per-domain basis and is used solely to identify a Registered Name Holder) the transfer process starts. The Registered Name Holder should obtain the Auth code from the Registrar of record and . You acknowledge and agree that transfer process may last up to 7 days. Administrative contact of the domain name and the Registered Name Holder are the only parties authorized to approve or decline a transfer request. Failure by the Registrar of Record to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer. In the event that a Transfer Contact (Administrative Contact) listed in the Whois has not confirmed their request to transfer with the Registrar of Record and the Registrar of Record has not explicitly denied the transfer request, the default action will be that the Registrar of Record must allow the transfer to proceed.
The transfer of the domain name can be declined in the following instances:
1. Evidence of fraud
2. Uniform Disputes Resolution Policy (UDRP) action
3. Court order by a court of competent jurisdiction
4. Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact
5. No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
6. Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document or other processes by which the Transfer Contact has expressly and voluntarily objected through opt-in means)
7. A domain name was already in “lock status” provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.
8. A domain name is in the first 60 days of an initial registration period.
9. A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs).
2.Effect on term of registration
The completion by Registry Operator of a holder-authorized transfer shall result in a one-year extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) years.
You understand that if you are transferring a domain name that has been recently renewed there is the potential that the renewal year will be lost. The renewal year will be lost if: the domain name was renewed during the forty-five (45) day grace period after the expiration date had passed; and forty-five (45) days have not yet passed since that expiration date. You understand and agree that M. & S. & P. GLOBAL LIMITED is not responsible for this lost year and that it will not credit that year to your domain.
The Transfer fee equals the fee for domain name registration within a specified period of time. Transferor will be charged the appropriate domain upon successful transfer of the domain name.
You agree that upon successful transfer of registration of a domain name the Gaining registrar of record will display Tucows as M. & S. & P. GLOBAL LIMITED is acting as authorized reseller of Tucows.
4.Transfer Dispute Resolution Policy
Procedures for handling disputes concerning inter-registrar transfers are set forth in the Transfer Dispute Resolution Policy adopted by ICANN.
You agree to defend, indemnify, and hold harmless M. & S. & P. GLOBAL LIMITED for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the 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.
6.Limitation of liability
You agree that M. & S. & P. GLOBAL LIMITED will not be liable for any suspension or loss of the domain name registration, business access delays or access interruptions to the web site(s) you access by the domain name registered and being transferred, for any indirect, special, incidental or consequential damages of any kind (including lost profits, goodwill and revenues) regardless of the form of action whether in contract, tort (including negligence), breach of warranties, either expressed or implied. In no event shall M. & S. & P. GLOBAL LIMITED maximum aggregate liability exceed the total amount paid by you for registration (transfer of registration) of a domain name.
M. & S. & P. GLOBAL LIMITED reserves the right to change the present policy accordingly once the inter-registrar policy is changed. At this no prior notice sent to you should be expected. It is your sole responsibility to check the information placed on our official web site periodically.