In this Fast Transfer Agreement, “you” and “your” refer to you or any agent, employee, servant or person authorized to act on your behalf, and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to North Georgia Web, as well as its subsidiaries and sister companies (“Aunica Media LLC”). This Fast Transfer Agreement (“Agreement”) sets for the terms and conditions of your use of North Georgia Web’s Fast Transfer service (“Fast Transfer Service”).
- Designated Agent and Change of Registrant Information You agree that for any domain subject to the Fast Transfer Service, you explicitly authorize us to act as Designated Agent under ICANN’s Change of Registrant Policy for the purpose of consenting to any material changes to registrant information to facilitate the Fast Transfer Service.
- Limitations of Liability For domain names listed and sold through the Fast Transfer Service, you acknowledge that North Georgia Web does not participate in the listing and sale of domain name(s) through Afternic’s service. North Georgia Web has no liability or obligations regarding your use of Afternic’s service, and North Georgia Web has no control over third party buyers or other registrars in Afternic’s registrar network. North Georgia Web does not review or approve any third party buyer, does not have access to any payment information for any third party purchase through Afternic’s service, and is not responsible for any issues arising from you use of Afternic’s services (including but not limited to non-payment, chargebacks, and disclosure of payment information). North Georgia Web does not guarantee the sale for any domain listed through Afternic’s service, and reserves the right, in North Georgia Web’s sole discretion, to (i) block any domain name from being listed through Afternic’s service, (ii) remove any domain from being listed through Afternic’s service, 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 North Georgia Web’s Universal Terms of Service Agreement. IN NO EVENT SHALL North Georgia Web, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL 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 AFTERNIC’S SERVICE, (II) THE SALE OF YOUR DOMAIN TO A THIRD PARTY, (III) FAST 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.
- Governing Law and Jurisdiction for Disputes Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Georgia. You agree that any action to enforce this Agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Central District of Georgia, or if there is no jurisdiction in such court, then in a state court in Gilmer County, State of Georgia. You agree to waive the right to a trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
- Headings The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
- Severability If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.