This Domain Name Lease is made effective as of (Date),
between (Lessor), (Lessor Address), and (Lessee), (Lessee Address), and
states the agreement of the parties as follows:
DOMAIN NAME(S) SUBJECT TO LEASE. The Lessor
shall lease the domain name(s) listed here.
______________________________________
______________________________________
______________________________________
PAYMENT TERMS. The Lessee shall make 1
payments of $25 each for a total amount of (amount). Payment
shall be made prior to the Domains being forwarded to the Lessee's
website.
DOMAIN REGISTRATION. Domain registration
shall remain the responsibility of the Lessor for the duration of the
lease. Lessor shall keep registration up to date, notwithstanding
Lessor shall not be responsible for errors or actions made by the
registrar.
NON-SUFFICIENT FUNDS. The Lessee shall be
charged 25% of the amount due for each check that is returned to the
Lessor for lack of sufficient funds.
LEASE TERM. This lease shall begin on the
above effective date and shall terminate one year from that date, unless
otherwise terminated in a manner consistent with the terms of this
lease. At the end of one year the Lessee shall have the right to
renew the lease for one additional year.
APPROPRIATE USE OF DOMAIN NAME(S). The
domain name(s) may only be used for appropriate websites that fit the
names. Their use must comply with all laws, ordinances, and
regulations relating to the possession or use of domain names.
These domains may not be used for adult content, the sale of firearms,
the mailing of spam or any other questionable uses. The
predetermined use of the domain name(s) are as follows:
________________________________________________
________________________________________________
________________________________________________
DELIVERY OF DOMAIN NAME(S). Lessor shall be
responsible to deliver the domain name(s) specified within this lease by
means of transferring the nameserver, technical contact, and contact
information with the registrar to (nameserver), (technical contact) and
(contact information). Completion of these changes shall
constitute delivery of the domains. Lessor shall have 15 days to
complete such transfer. In the event that the Lessor cannot
complete this transfer due to no fault of the Lessor, the Lessor shall
extend the lease date to encompass one full year.
ACTIVATION OF DOMAIN NAME(S). The lessee shall have 15
days from delivery to make the domains active with an appropriate
website as described within this Lease.
ALTERATIONS. Lessee shall make no
alterations to the use of the domain name(s) from the original agreed
upon use without prior written consent of the Lessor.
MAINTENANCE OF WEB SITE. The Lessee shall
maintain at the Lessee's cost, an appropriate website that is open for
business at the location of the domain name(s). Such a website
must maintain minimum of 97% of up time.
LESSOR'S RIGHT OF INSPECTION. The Lessor
shall have the right to inspect the website(s) located at the domain
name(s) during normal business hours to verify that an appropriate
website is in use.
RETURN OF DOMAIN NAME(S). At the end of the
lease term, the Lessor will have the right, but not the obligation, to
move the domain name(s) to another nameserver or Lessee at the Lessor's
expense.
OPTION TO RENEW. If the Lessee is not in
default upon the expiration of this lease, the Lessee shall have the
option to renew this lease for only one additional year. At the
end of two years, the lessee shall have the first option to lease the
domain name(s) at a renegotiated lease rate.
OPTION TO PURCHASE. If the Lessee is not in
default under this Lease, the Lessee shall have the option to purchase
the Domain Name(s) at the end of the lease term for the price specified
in the attached Domain Purchase Schedule. The Lessee shall
exercise this option by providing written notice to the Lessor of such
intent at least 60 days prior to the end of the lease term.
ACCEPTANCE OF DOMAIN NAME(S). The Lessee
shall inspect each domain name delivered pursuant to this Lease.
The Lessee shall immediately notify the Lessor of any discrepancies
between the domain name(s) received and those described within this
lease. If the Lessee fails to provide such notice in writing
within 15 days after the delivery of the domain name(s), the Lessee will
be conclusively presumed to have accepted the domain name(s) as
specified in this lease.
OWNERSHIP AND STATUS OF THE DOMAIN NAME(S). The
domain name(s) will be deemed to be personal property, regardless of the
manner in which it may be attached to any other property or
website. The Lessor shall be deemed to have retained title to the
domain name(s) at all times, unless the Lessor transfers the title by
sale. The Lessee shall immediately advise the Lessor regarding any
notice of any claim, levy, lien, or legal process issued against the
domain name(s).
WARRANTY. The Lessor warrants that the
domain name(s) listed within this lease are in good standing, registered
in the Lessor's name and free of any claims or disputes, but makes no
further warranties, express or implied.
RISK OF DAMAGE TO REPUTATION. The Lessee
assumes all responsibility for damage to reputation of the domain
name(s) from any cause, and agrees to return them to the Lessor in the
condition received from the Lessor, with the exception of normal
reputation acquired from normal usage, unless otherwise provided in this
lease. An example of damage to reputation, but not limited to
these examples, is unreliability of service or operation, use of the
domain name(s) for the purpose of spam or any illegal use of the domain
name(s).
INDEMNITY OF LESSOR FOR DAMAGES TO REPUTATION. If
the reputation of the domain name(s) is damaged, the Lessor shall have
the option of requiring the Lessee to purchase the domain name(s) at the
price agreed upon in the Domain Purchase Schedule.
LIABILITY AND INDEMNITY. Liability for loss
of reputation or any legal action, with the exception of trademark
issues, during the term of this leas is the obligation of the Lessee,
and the Lessee shall indemnify and hold the Lessor harmless from and
against all such liability.
DEFAULT. The occurrence of any of the
following shall constitute a default under this Lease:
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The failure to make a required payment under this
Lease when due.
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The Violation of any other provision or requirement
that is not corrected within 20 days after written notice of the
violation is given.
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The insolvency or bankruptcy of the Lessee.
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The subjection of any of the Lessee's property to
any levy, seizure, assignment, application or sale for or by any
creditor or government agency.
RIGHTS ON DEFAULT. In addition to any other
rights afforded the Lessor by law, if the Lessee is in default under
this Lease, without notice to or demand on the Lessee, the Lessor may
take possession of the domain name(s) as provided by law, deduct the
costs of recovery (including attorney fees and legal costs), restoration
of reputation, and related costs, and hold the Lessee responsible for
any deficiency. The rights and remedies of the Lessor provided by
law and this Agreement shall be cumulative in nature. The Lessor
shall be obligated to re-lease the domain name(s), or otherwise
mitigate the damages from the default, only as required by law.
NOTICE. All notices required or permitted
under this Lease shall be deemed delivered when delivered in person or
by mail, e-mail, postage prepaid, addressed to the appropriate party at the
address shown for that party at the beginning of this Lease.
ENTIRE AGREEMENT AND MODIFICATION. This
Lease constitutes the entire agreement between the parties. No
modification or amendment of this Lease shall be effective unless in
writing and signed by both parties. This Lease replaces any and
all prior agreements between the parties.
