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Domain Transfer Validation Service Agreement
Live Net Now LLC
Domain Transfer Validation Service Agreement
This Domain Transfer Validation Service Agreement ("Agreement") is entered into by and between Live Net Now LLC ("Live Net Now LLC") a/an Arizona corporation, and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Live Net Now LLC's Domain Transfer Validation Service and its related services (collectively, the "Services") and represents the entire agreement between You and Live Net Now LLC concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service and the Domain Name Registration Agreement that Live Net Now LLC may establish from time to time, in its sole discretion, and any agreements that Live Net Now LLC is currently bound by or may become bound by in the future. Such Agreements may be found here. All Live Net Now LLC policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”).

1. Description of Service
The Services are provided to help You keep Your domain name secure. By choosing to use the Services, You are making an explicit and voluntary request to Live Net Now LLC to deny all attempts to transfer Your domain name to another registrar, or to move Your domain name to another account, unless You verify each request as described herein. You will provide Live Net Now LLC with a contact name, phone number and PIN for domain transfer validations. You will be contacted by Live Net Now LLC when a domain transfer is requested for a domain name in Your Live Net Now LLC account. When Live Net Now LLC receives a transfer request, Live Net Now LLC will call You to verify the transfer request. If Live Net Now LLC can not reach You with seventy-two (72) hours of receipt of the transfer request, the transfer will be denied. If You do not provide the proper PIN, the transfer will be denied. When Live Net Now LLC receives a change of account request, Live Net Now LLC will call You to verify the change request. If Live Net Now LLC can not reach You with seventy-two (72) hours of receipt of the change request, the change will be denied. If You do not provide the proper PIN, the change will be denied. Availability of Services are subject to the terms and conditions of this Agreement and each of Live Net Now LLC's policies and procedures. Live Net Now LLC shall use commercially reasonable efforts to attempt to provide certain portions of the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement and other portions of the Services, during normal business hours. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Live Net Now LLC may undertake from time to time; or (iii) causes beyond the reasonable control of Live Net Now LLC or that are not reasonably foreseeable by Live Net Now LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Live Net Now LLC has no control over the availability of the Services on a continuous or uninterrupted basis.

2. Your Obligations
You agree to thoroughly, accurately and honestly complete all forms and requests for information provided by Live Net Now LLC throughout the process. You agree that Live Net Now LLC will not be responsible for any false or misleading information You provide, whether intentionally or unintentionally. You agree to notify Live Net Now LLC within five (5) business days when any of the information You provided changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide Live Net Now LLC with accurate and reliable information on an initial and continual basis, shall be considered a material breach of this Agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Live Net Now LLC to determine the validity of information provided by You, shall also be considered a material breach of this Agreement. You acknowledge and agree that You are responsible for verifying the accuracy of Your domain contact information. You acknowledge and agree to keep your PIN secure and not share with any third parties. You agree that Live Net Now LLC is not responsible for transfers or changes made in the event that Your PIN is lost or stolen throughout the process. You agree that Live Net Now LLC will not be responsible for any false or misleading information You provide, whether intentionally or unintentionally.

3. Live Net Now LLC 's Rights

In addition to any and all other rights reserved by Live Net Now LLC in this Agreement, Live Net Now LLC explicitly reserves the right and sole discretion to:

  1. modify its pricing through email notification;
  2. review Your use of the Service for compliance with this Agreement and any Terms of Service which Live Net Now LLC may from time to time establish;
  3. establish limits and guidelines concerning the use of the Service;
  4. terminate Your Service for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not "opted-in"); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Service fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that Live Net Now LLC determines to be harmful to its other customers, operations, or reputation;
  5. terminate Your Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against Live Net Now LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, and
  6. terminate Your Service if You have not accessed or logged into it for ninety (90) days.
Live Net Now LLC has no obligation to monitor the Service, but reserves the right in its sole discretion to do so.

4. Limitation of Liability
THE SERVICES AND THE ASSOCIATED SOFTWARE (IF ANY) ARE BEING PROVIDED AND/OR LICENSED "AS IS" AND Live Net Now LLC DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, Live Net Now LLC EXPRESSLY DOES NOT WARRANT THAT THE SERVICES OR THE ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICES OR OPERATION OF THE ASSOCIATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL Live Net Now LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICES, INCLUDING AN INVALID TRANSFER, DENIAL OF A TRANSFER, CHANGE OF ACCOUNT, OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, EVEN IF Live Net Now LLC IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED OR AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, Live Net Now LLC EXPRESSLY DOES NOT WARRANT THAT THE SERVICES OR THE ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICES OR OPERATION OF THE ASSOCIATED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

5. Remedies and Right to Cancel

You may request cancellation of this Agreement at any time, provided that Your request to cancel will take affect only when validated in the same manner as described in Section 1 above. Without limiting other remedies, if:

  1. You breach this Agreement or any document incorporated by reference;
  2. Live Net Now LLC determines Your actions may pose a risk to Live Net Now LLC or its members; or
  3. Live Net Now LLC determines Your use of the Services infringes on the intellectual property or legal rights of others,
Live Net Now LLC may immediately:
  1. warn its members of Your actions;
  2. place a hold on any pending transactions associated with Your accounts;
  3. limit Your access to Your accounts or to any functionality of Your account; or
  4. indefinitely suspend or close Your account and refuse to provide our Services to You.

Revised: 5/20/2009
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