here is the current lease to own doc will:
Domain Name Lease To Own Purchase Agreement
This DOMAIN NAME LEASE TO OWN PURCHASE AGREEMENT ("Agreement") is effective as of July 27, 2007, by and between __________________________________ (the "Lessee/Buyer") and Essociate Inc., d.b.a. Hunting Moon Domain Sales (the "Lessor/Seller").
WHEREAS, the Lessor/Seller and Lessee/Buyer desire to transact the following Domain(s) at the listed base sales price(s) and finance rate:
winelog.com for $20,000.00 USD
Finance Rate: 9.0% annual percentage rate.
Lease Term: __________ months.
10% Down Payment: $2,000.00
Monthly Lease Payment: $__________________________________
Lease Setup Fee: $25.00 ($25.00 per domain)
Domain Renewal Fees: $0.00
Total Initial Payment: ________________________________
Complete Lease Payment with Fees and Interest: ________________________________
WHEREAS, the Lessee/Buyer is desirous of leasing the Domain(s); and
WHEREAS, the Lessor/Seller is willing to lease the Domain(s) for the specified time period above; and
WHEREAS, the Lessor/Seller is willing to assign to the Lessee/Buyer all right, title, and interest as the Lessor/Seller may possess in and to the Domain(s) once all required lease payments have been made.
NOW THEREFORE, for consideration of the foregoing recitals and mutual promises contained herein, the Parties hereby agree as follows:
1. Concurrent with the execution of this Agreement by Lessee/Buyer, and receipt by Lessor/Seller of the Total Initial Payment noted above, the Lessor/Seller will immediately begin the specified term lease of the Domain(s) listed above. At such time, the Lessor/Seller will also take all steps necessary to effectuate change of domain name servers (DNS) such that the Domains are correctly redirected to the Lessee/Buyer's domain name servers, if provided, for immediate use by Lessee/Buyer. Under normal circumstances DNS changes will be made within 24 hours; however, it often takes an additional 36-48 hours for DNS to update worldwide. If Lessee/Buyer is paying via credit card and the Total Initial Payment price is $500.00 (five hundred dollars) or greater, Lessee/Buyer is required to submit a Credit Card Authorization Form ( available at
http://www.huntingmoon.com/cc_auth_lease.html ) via fax.
2. Lessee/Buyer understands that NO property interest, nor corellating percentage interest, in the Domain(s) accrue until the entire lease payment schedule has been satisfactorily completed. As such, this lease may be cancelled at any time by Lessee/Buyer, without penalty; however, no lease payments or fees will be refunded by Lessor/Seller, and the Lessee/Buyer will have no further right to utilize or operate the Domain(s).
3. Lessee/Buyer will be provided with a password-protected online login to view a payoff schedule to completely accelerate the remaining lease payments and complete the purchase of the Domain(s). It is the responsibility of the Lessee/Buyer to maintain the security of their chosen password and provide any updated contact information during the term of the lease. The Lessee/Buyer should immediately contact the Lessor/Seller if the credit card information used for automatic lease payments needs to be changed or updated. If the Lessor/Seller is unable to process lease payments from Lessee/Buyer during the normal lease payment cycle, Lessor/Seller will contact the Lessee/Buyer to arrange alternate payment methods. If the Lessee/Buyer is unable to pay the delinquent lease payment and resume normal payments within 30 days of the delinquent payment, the lease will be considered immediately cancelled by the Lessee/Buyer.
4. During the first 30 days of this lease, the Lessee/Buyer may completely accelerate payment of the entire lease, without any interest payments or Domain Renewal Fees. In such case, the new final purchase price of the Domain(s) would be the original sales price(s) plus the Lease Setup Fee noted above. Complete lease acceleration after the first 30 days may also result in a partial refund of Domain Renewal Fees, as noted in the online lease payoff schedule.
5. During the lease period, Lessee/Buyer may not use the Domain(s) for, or in conjunction with, any illegal or malicious purpose, including, but not limited to, spamming, phishing, trademark infringement, copyright infringement, patent infringement, defamation, intimidation, spyware distribution, or adware distribution. Any negligent or intentional violation of this provision shall result in the immediate termination of this lease, such that any previous lease payments shall be forfeited by Lessee/Buyer.
6. During the term of the lease, the Lessor/Seller will remain as the Domain(s) legal Registrant, but shall take the necessary steps to configure the Lessee/Buyer as the "Administartive Contact" for the Domain(s), if such information is provided by Lessee/Buyer. However, during the lease period, the Lessee/Buyer is not permitted to access the Domain(s) Registrar account, nor cause any changes to be made to WHOIS information maintained by the Registrar.
7. Once the final lease payment has been processed, the Lessor/Seller will promptly, fully and in good faith undertake any necessary steps and procedures to effectuate the timely transfer of ownership in the Domain(s), including, but not limited to, approving any valid transfer request for the Domain(s). In limited circumstances, because of strict ICANN Registrar policies beyond Lessor/Seller's control, certain domains may take up to 60 days to complete transfer unless the Lessee/Buyer completes the transfer utilizing the current Registrar. However, any such transfer delay shall not impact any change of DNS so that Lessee/Buyer has no interuption or delay in utilizing the Domain(s).
8. The Lessor/Seller shall also exercise all reasonable measures to ensure that the registration(s) for the Domain(s) remain in paid status and in good standing during the term of the lease, such that the Lessor/Seller continues to be in a position to legally transfer complete ownership of the Domain(s) to the Lessee/Buyer at the completion of the lease. At such time, the Lessee/Buyer is required to timely transfer the Domain(s) to it's own registrar account for future domain renewals. If the Lessee/Buyer does not timely complete transfer of the domain after the lease is complete, the Lessee/Buyer will be required to pay any additionally accrued domain renewal fees incurred during the delay. Once transfered, it is the sole responsibility of the Lessee/Buyer to maintain the future registration and renewal of the Domain(s), including satisfying any residency requirements/restrictions on certain domains.
9. The Lessor/Seller represents and warrants that it has not previously encumbered the Domain(s) and that it is the sole legal owner of the Domain(s). Furthermore, the Lessor/Seller represents and warrants that it has all legal authority necessary to lease and subsequently convey ownership of the Domain(s) to the Lessee/Buyer and has the ability to assign to the Lessee/Buyer all rights, title, and interest it may possess in and to the Domain(s).
10. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their successors in interest, agents, employees and those acting in concert with them.
11. Lessee/Buyer has read and agreed to the Sales Policies/Guidelines ( available at
http://huntingmoon.com/terms.html ) which are hereby incorporated by reference.
12. The Parties are fully authorized and legally competent to execute this Agreement.
13. In the event legal action is necessary to enforce or interpret any of the terms of this Agreement, the prevailing party therein shall be entitled to recover its reasonable attorney's fees and costs incurred therewith.
14. This Agreement may be signed (including by fax transmission) in one or more counterparts, each of which shall be deemed to constitute a fully executed original.
15. This Agreement shall be governed by the laws of the State of California as applied to contracts made and wholly performed within the State.
16. This Agreement supersedes all prior discussions and writings between the parties relating to the subject matter hereof. This Agreement may only be amended by a writing signed by both Parties. Notices pertaining to this Agreement shall be sent in writing (including facsimile) to the parties at the addresses set forth in the signatures below.
IN WITNESS WHEREOF, the parties cause this Agreement to be executed and made effective as of the date provided above.
LESSEE/BUYER:
__________________________________________________ __
Signature
__________________________________________________ ___
Address
__________________________________________________ ___
City/State/ZIP/Country
__________________________________________________ ___
Email Address
__________________________________________________ ___
Phone
LESSOR/SELLER:
HuntingMoon Domain Sales
4630 Geary Blvd. Suite #101
San Francisco, CA 94118
Phone: 415-750-2570
Fax: 415-387-1516
Email:
[email protected]