Xgeneration Acceptable Use Policy (AUP)

Domain Transfer and Ownership Terms and Conditions

These Terms and Conditions set out the terms under which, You (“Client”, “You” or “Your”) agree to XGEN handling domain transfer and ownership matters.

The terms in this policy are supplemental to XGEN’s General Terms and Conditions, Privacy Policy & Acceptable Use Policy and You will be bound to all of these when carrying out business with XGEN (collectively referred to as the “Agreement”).

In the event of any conflict with the General Terms and Conditions these Domain Transfer and Ownership Terms and Conditions shall prevail.

 

1. Definitions:

These additional terms may be amended by XGEN at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days after publication.

1 The definitions and rules of interpretation in this condition apply in the Conditions:
“Dispute Resolution Policy”
Means any relevant dispute resolution policy including, but without limitation, the UDRP, the Nexus Dispute Policy and Nominet’s DRS. 
“Gaining Registrant”
Means a person, company or entity, as listed in the WHOIS record, that a domain has been, or is in the process of being, transferred to. “Losing Registrant”
Means a person, company or entity, as listed in the Whois record, that a domain has been, or is in the process of being, transferred away from.
“Manual Transfer Fee”
Means the fee that You are required to pay to XGEN if We are required to manually work on the transfer process which can be found at https://35.178.105.15/xgeneration-domain-fees/ 
“Requested Domain”
Means the Domain Name You ask Us to register.
“Transfer”
Means moving the domain from the control of one owner to another which might involve the transfer between XGEN and another domain registrar.
“WHOIS”
“WHOIS” means a domain name search tool for an Internet top level domain name registry database.

 

2. You acknowledge and agree:

1 In the event that ownership is disputed, to resolve all disputes with the parties involved, prior to contacting XGEN to organise a transfer.

2 That if You wish to transfer ownership of a Requested or Registered Domain then You must do the following:

2.1 ensure that all necessary consents and permissions to that transfer have been obtained.

2.2 deliver to XGEN, on demand, documentary evidence of all such relevant consents and permissions for consideration.

2.3 understand and/or accept that should XGEN not be satisfied that the documentation provided amounts to a transfer then no action will be taken by XGEN to transfer the domain.
2.4 In the event that Your account is in arrears, access to the account shall be denied. However, You accept that any request to transfer any gTLD domain will require a Manual Transfer Fee which is charged per domain name, at the amount relevant to that particular domain extension which can be found at https://35.178.105.15/xgeneration-domain-fees/ (all prices displayed exclude VAT, charged at 20%). XGEN will not transfer ownership of a Requested Domain until all Fees attributable to the services associated with the account, which are due, have been paid by You to XGEN.

2.5 That XGEN are not in a position to transfer domains or change the ownership of a domain name where trademark disputes are concerned. Clients agree to direct their dispute through the relevant domain resolution procedures with the appropriate governing body. 

2.6 That in the event that XGEN receives a complaint in regards to trademark / brand infringement, XGEN has the right to place the domain on hold and move into the XGEN holding account. XGEN shall take this action if in receipt of a decision from a Domain Dispute Resolution and/or a settlement agreement between the parties concerned. Any renewal payments must be paid to XGEN by You.

2.7 That any communication You receive from a third party in relation to the disputed domain name has not been a result of XGEN disclosing contact details to the third party.
3 That on transferring or changing ownership of a Registered Domain to another person or registering a Domain on behalf of another person (the “Transferee”) You will confirm and prove that the Transferee agrees in writing to be bound by the terms of the Agreement at XGEN’s request.


 

3. XGEN Shall:

3.1 Determine the legal owners of a Requested Domain to be those listed on the WHOIS, whether this may be an individual or business entity.

3.2 In the event of receiving documentation which matches the WHOIS details, reserve the right to move the domain from the current domain holder’s account into a XGEN holding account, lock the domain and place a registrar hold on it. XGEN shall not move the domain from this status until it is satisfied that the dispute has been resolved between the parties concerned, with documentation provided to XGEN by both parties proving the same. This documentation must include a court order, an email/letter/legal document from the current domain holder and the complainant both stipulating the transfer of the domain to the complainant. 

3.3 Take no immediate action in the event that documentation received does not match the WHOIS details of the disputed domain.

3.4 Not be liable for any unsolicited mail from third parties, including those that may relate to the disputed domain name.