Domain Name Transfer Service Agreement

You are able to transfer domain names to or from RWG according to the terms and transfer policies of the respective Registry for the TLD of the domain name you wish to transfer. Each Registry has its own unique transfer policy which RWG adheres to. For all TLDs under ICANN sponsorship, you may find more information on the transfer policy that RWG is required to follow for all TLDs under ICANN sponsorship here:

www.icann.org/en/resources/registrars/transfers

In order to determine who the sponsoring registrar currently is for your domain name, please visit:

www.internic.net/whois.html

In order to protect your domain names, we may place a transfer lock on domain names in many TLDs automatically when they are registered or renewed with us. In order to transfer to another registrar, you must remove this transfer lock. You are able to do this from your account (“Account”) on the Site or by contacting domain support.

If you purchased Trustee Services or Private Registration Services from RWG when registering or renewing the domain name you would like to transfer out, we must cancel these services, and you are required to replace any of our information, documentation, or our Trustee’s information and/or documentation in relation to these services with your own information, before the transfer out will be approved by us.

You acknowledge that when cancelling these services, this action may qualify as an ownership change or other update to the domain name which may incur additional fees or require you to renew the domain name with us prior to transferring the domain name to another registrar. There will be no refund for partially fulfilled terms for Trustee Services or Private Registration Services.

In no event, shall RWG be liable for the failure of a transfer or loss of your domain name if the transfer is initiated close to the end of the registration term, the transfer is not approved by the Registrant or Administrative Contact of the domain name, the Fees for the Service remain unpaid or are in dispute, or any other reason outlined in ICANN or the Registry’s transfer policies.

(a) Upon successful transfer to RWG, RWG, or its partner(s), shall become the Registrar of record. You, or your designated Trustee, will become or remain the Registrant. Your registration will automatically be extended for one year (or more years upon request);

(b) Upon successful transfer to RWG, it is your responsibility to check the WHOIS information to ensure that it is complete and accurate. If the information is not complete and accurate, please submit a contact update request to us;

(c) Upon successful transfer to RWG, you will have control to renewal, modify dns, and perform other functions to the domain name available to you as a Registrant or Administrative Contact according to the terms of the Domain Name Registration Agreement;

(d) Transfers may only be initiated once you have accepted this Agreement, payment has been made, and you have approved the transfer through the Form of Authorization (“FOA”) received via email;

(e) You understand that if a domain name has been recently renewed or the Registry’s terms and conditions state otherwise, there is a potential the recent renewal year may be lost when transferring to RWG. You understand that RWG is not responsible for the lost year and will not credit your Account for this.

(a) Upon successful transfer of the domain name from RWG, RWG, or its partner(s) will no longer be the Registrar of record and will not have any control of the domain name. You will remain the Registrant at your new Registrar and must contact them for additional assistance.

(b) Transfers may only be initiated once you have accepted this Agreement, you have removed RWG’s Trustee Service with your own, and you have approved the transfer through the Form of Authorization (“FOA”) received via email;

(c) You understand that if a domain name has been recently renewed or the Registry’s terms and conditions state otherwise, there is a potential the recent renewal year may be lost when transferring from RWG. You understand that RWG is not responsible for the lost year and will not credit your Account for this.

(d) You understand that RWG may reject the transfer of your domain name from RWG under certain circumstances outlined here: www.icann.org/en/resources/registrars/transfers

You agree to release, defend, indemnify and hold harmless RWG, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the Services provided hereunder by RWG, the Site or your account manager, your Account with RWG, your use of the Services, and/or disputes arising in connection with the Services.

RWG, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE SITE OR ANY WEB SITES LINKED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRAR. ALL SERVICES, AS WELL AS THE SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO, AND USE OF, RWG’S SERVICES AND ITS SITE ARE ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY RWG, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS SUCH. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

YOU AGREE THAT RWG WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU ALSO AGREE THAT RWG WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 3 MONTHS OF SERVICES PAID FOR UNDER THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder, in whole or in part, by operation of law or otherwise, to any third party without the prior written consent of RWG. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

RWG reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to the Site. If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Services. You agree that your exclusive remedy is to transfer your Services to another registrar or request us to terminate your Services under this Agreement. RWG may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. RWG is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.

This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.

You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or WHOIS information you have provided.

If you have any questions or concerns about anything found in this Agreement or other agreements with RWG, please contact us by regular mail, courier, or email to the following address:

Rightway Gate, Inc.
5858 Edison Place
Carlsbad, CA 92008
legal@rwgusa.com

This Agreement and its subject matter shall be governed in accordance with the laws of San Diego County, California without regard to conflict of laws and principles contained therein with the exception of disputes related to this Domain Name Registration Agreement which fall under UDRP or similar dispute resolution process as defined by various Registry policies incorporated or made reference to herein.