Agreement for a Domain Name Registration "In Trust"

This agreement is a declaration of trust made between you and "Fubra Limited" (Trading as Livetodot.com) company Number 03967214 whose registered office is at 66 Church Lane East Aldershot Hampshire GU11 3HB.

1. In this agreement the following terms shall have the following meanings

'Territory' means worldwide

'Right granted' means the right to use the domain name being purchased hereinafter called "the name"

'clause' and 'schedule' mean respectively clauses or schedules in this agreement unless the context shows a contrary meaning

'now' and 'today' mean at the date of this agreement

'comply with' includes 'observe and perform'

'parties' means the parties to this agreement and where the context permits include their successors in title

'Payment' means the amount or amounts set out in the clause (15)

'The company' means the entity wishing to register the domain name and may also be written as you, your or yourselves

'value of the name' means the price you paid for the leasing of the domain for one year

2. This Agreement starts on the date of registration and remains in force unless and until it is terminated by any of the events hereinafter referred to.

3. Fubra Limited grants to the company an exclusive right during the term of this Agreement to use the name in accordance with this Agreement in the Territory

4. The company recognises that Fubra Limited is the owner of the name which is registered in the name of Fubra Limited in Italy and agrees that the name shall remain vested in Fubra Limited both during the term of this Agreement and afterwards unless a transfer is made under clause 17.

4.1. You shall use the name precisely as spelt or drawn by Fubra Limited and observe any reasonable directions given by Fubra Limited and shall comply with English Law and be fully responsible for the content of all material produced including its web site and ensure that such material is not of a defamatory confidential or secret nature.

4.2. You shall have the right to use the name in such manner as you think fit but shall expressly exclude the right to provide services through the name which are in breach of any Law in Italy or the UK or in breech of this contact and any additional terms and conditions also accepted by you.

4.3. You shall give to Fubra Limited any information as to the companies' use of the rights, which Fubra Limited reasonably requires.

4.4. During the hiring you shall not sell or offer for sale, mortgage, pledge, underlet, lend or otherwise deal with or part with the possession of the name to the intent such use of the name shall be personal to you and shall not be capable of being assigned or transferred to a third party which personal use shall without limitation include any attempt to assign or dispose of it part with any interest in it or grant any lease or licence or delegate any of the rights conferred by it and which might amount to infringement of the right to use the name or to unfair competition or passing off or any claim by any third party that the use of the name is invalid or infringe the rights of any parties open to any other form of attack and provide all necessary information and assistance if Fubra Limited decides that proceedings should be commenced or defended

5. If either of the parties learns of an attack on or infringement of the name in the Territory or if any legal action or any proceedings are instituted against you in opposition to its proper use of the name as granted under this Agreement then [he] or it shall immediately inform the other party: and if both parties wish to defend the name or to take legal action against the infringer or to defend the legal action or proceedings, the compensation (if any) shall be shared in the proportions in which they agree to share the costs and in the absence of express Agreement the costs and compensation shall be shared equally; but if one party only wishes so to act the other party shall support [he] or it but such support shall not make the other party liable to share the cost of proceedings or compensation paid or to receive any part of any compensation received.

6. You shall compensate Fubra Limited in full on demand for:

  • All claims made by third parties alleging losses or injury as a result of use of the name; and
  • All other losses or expenses suffered by it as of that use unless and except to the extent that any of the loss, injury or expense arises solely as a result of any act or default on your part

7. You shall at Fubra Limited's cost do all acts and sign all documents which Fubra Limited requires for obtaining registration of the name (if applicable) in the name of Fubra Limited and establishing you as a user under this Agreement and where applicable registering the permitted use at the name and on any termination of the rights granted by this Agreement cancelling the registration of the permitted use

8. You shall not sell the name. Neither Fubra Limited nor you shall sell or transfer the name, except as provided in clause 17 herein.

9. You shall not after termination of this Agreement use or claim right in Fubra Limited's name, as to be likely to cause confusion or deception, to any third party.

10. This Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written express or implied other than those contained in this Agreement. The rights to make any claim for damages against Fubra Limited for any reason shall be limited to twice the value of the name stated herein.

11. Except as expressly provided for in this Agreement no variation or amendment of this Agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both (or) all parties

12. This Agreement shall be governed by English Law and the company consents to the exclusive jurisdiction of the English courts in all matters regarding it.

13. The serving of notices shall be carried out as follows:

13.1. Any notice given under this deed shall be in writing and may be served:

  • Personally;
  • by registered or recorded delivery mail;
  • by telex or facsimile transmission (the latter confirmed by telex or post).

13.2. Each party's address for the service of notice shall be it's above mentioned address or such other address as it specifies by notice to the others.

13.3. A notice shall be deemed to have been served:

  • if it was served in person, at the time of service;
  • if it was served by post, 48 hours after it was posted; and
  • if it was served by telex or facsimile transmission, at the time of transmission.

14. You have selected the name without any reliance on Fubra Limited and acknowledges that:

15. You shall pay to Fubra Limited in respect of the use of the names. The domain names must be renewed annually in advance starting on the Commencement Date until this arrangement is terminated and in any event Fubra Limited shall have the right to terminate the agreement in the event of being more than 21 days in arrears with the payments herein before referred to.

16. Each party shall both during this Agreement and after its termination keep confidential and not (except as authorised or required for the purposes of this Agreement use or disclose or attempt to use or disclose to any person any of the Information

17. Should your company expand and open offices in an EU territory, the contract provides that you have the right to transfer the domain's ownership to yourselves for a predetermined transfer fee of £50.00 (Fifty Pounds Sterling), payable to Fubra Limited to cover admin costs.

18. Should any provision of these terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of these terms shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.

19. Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including Acts of God, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.