I. Definitions:
- Registrant/Registered Name Holder- the individual/organization that registers a specific domain name and holds the right to use that specific domain name for a specified period of time, provided certain conditions are met and the registration fees are paid.
- Losing Registrar - the Registrar of Record for a domain name for which the Registry received a transfer of sponsorship request.
- Gaining Registrar - the Registrar that submitted to the Registry the request for the transfer of a domain sponsorship from the Registrar of Record.
- Registry Operator - The organization authorized by ICANN to provide registration services for a given TLD to ICANN-accredited Registrars.
- Transfer Contact - Registered Name Holder or Administrative Contact.
- Verification of Transfer - a process to authenticate a transfer request and may be made based on the Whois Data from Registrar of Record or Registry or other sources.
- Standardized Form of Authorization for Transfer Confirmation Process (FOA) - the form of consent that the Gaining Registrar and Registrar of Record are required to use to obtain authorization from the Registrant or Administrative Contact to process the transfer of domain name sponsorship from one Registrar to another.
- "Initial Authorization for Registrar Transfer" FOA - used by the Gaining Registrar to request an authorization for a registrar transfer from the Transfer Contact
- "Confirmation of Registrar Transfer Request" FOA - used by the Registrar of Record to request confirmation of the transfer from the Transfer Contact.
- Transmission of a "transfer" command - a representation by the Gaining Registrar that the requisite authorization has been obtained from the Transfer Contact listed in the authoritative Whois database.
- Default Approval - Takes place when the Registrar of Record does not respond within five (5) calendar days to a notification from the Registry regarding a transfer request.
II. Registered Name Holder-Authorized Transfers
- The FOA shall be communicated in English and in additional languages at the option of MAKEDOMAIN;
- The Registered Name Holder must maintain its own records appropriate to document and prove the initial domain name registration date;
- The Transfer Contact must confirm transfer request to Registrar of Record;
- MAKEDOMAIN has the option to independently confirm the Registered Name Holder's intent to transfer its domain name to the Gaining Registrar by using the FOA;
- The FOA will be sent to Transfer Contact not later than twenty-four (24) hours after receiving the transfer request from the Registry Operator;
- MAKEDOMAIN reserves the right to continue marketing to its existing customers through separate communications;
- Some instances when MAKEDOMAIN may deny the Transfer Request:
- Evidence of fraud;
- UDRP action;
- Court order by a court of competent jurisdiction;
- Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact;
- 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, the domain name shall be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer;
- 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);
- A domain name was already in ˇ°lock statusˇ± and the Registrant was provided a means to remove the lock status;
- A domain name is in the first 60 days of an initial registration period; and
- 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).
- 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 case shall the total unexpired term of a registration exceed ten (10) years.
III. ICANN-Approved Transfers
Transfer of the sponsorship of all the registrations sponsored by one Registrar as the result of (i) acquisition of that Registrar or its assets by another Registrar, or (ii) lack of accreditation of that Registrar or lack of its authorization with the Registry Operator and shall be undertaken under ICANN procedures.
IV. Disputes and Court Proceedings
- In case of disputes on the transfer, MAKEDOMAIN shall abide by the Supplemental Rules provided by the Registry Operator and the ICANN Registrar Transfer Dispute Resolution Policy; and
- The transfer dispute resolution policies of ICANN shall not prevent MAKEDOMAIN from submitting a dispute to a court of competent jurisdiction for independent resolution before such administrative proceeding is commenced or after such proceeding is concluded.
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