In this 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 Namecheap, Inc., as well as its subsidiaries and sister companies (“Namecheap”). This Fast Transfer Agreement ("Agreement") sets for the
terms and conditions of your use of Namecheap’s Fast Transfer service (“Fast Transfer Service”).
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Description of Fast Transfer Service
Namecheap allows you to use the services of Afternic to offer and sell your domain name(s) to third parties through Afternic’s registrar network. Domain names sold through Afternic’s service will be subject to the Fast Transfer Service. You understand and agree that any domains subject to the Fast Transfer Service may be immediately transferred from your account to the account and/or registrar of the purchaser of the domain name. You confirm that Namecheap may take any actions necessary to facilitate this Fast Transfer Service, including but not limited to removing the transfer lock, initiating a change of registrant information, and disabling Namecheap’s standard transfer procedure (as detailed in Namecheap’s Registration Agreement). The Fast Transfer Service may not be instantaneous, and may take several days to complete.
You can remove any domain name from Afternic’s service at any time, however such removal is not instantaneous and may take several days to complete. You agree that you authorize any sale for any domain name listed through Afternic’s service until such time that removal is complete.
You further acknowledge that by using Afternic’s services, you agree to the terms of Afternic’s Agreements and Policies, including but not limited to the Membership Agreement, Terms of Use, and Privacy Policy. All of Afternic’s Agreements and Policies are located at https://www.afternic.com/legal.
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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.
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Limitations of Liability
For domain names listed and sold through the Fast Transfer Service, you acknowledge that Namecheap does not participate in the listing and sale of domain name(s) through Afternic’s service. Namecheap has no liability or obligations regarding your use of Afternic’s service, and Namecheap has no control over third party buyers or other registrars in Afternic’s registrar network. Namecheap 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).
Namecheap does not guarantee the sale for any domain listed through Afternic’s service, and reserves the right, in Namecheap’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 Namecheap’s Universal Terms of Service Agreement.
IN NO EVENT SHALL NAMECHEAP, 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.
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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 Arizona. 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 Arizona, or if there is no jurisdiction in such court, then in a state court in Phoenix County, State of Arizona. 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.
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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.
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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.