Website and Domain Transfer Terms
Acadia Marketing LLC
1. Scope
These Website and Domain Transfer Terms ("Terms") apply when Acadia Marketing LLC, a Maine limited liability company ("Acadia Marketing LLC," "we," "us"), issues a transfer page, access code, transfer code, website files or related information to a designated recipient in connection with moving a website or domain name away from our management. They apply to acadiamarketingmaine.com and to any page, subdomain or transfer page we operate or issue to clients (collectively, the "Sites"). By opening a transfer page, entering an access code, or using or downloading anything delivered through it, the designated recipient accepts these Terms.
2. Services Concerned
We provide website design and development, website hosting, domain name management, email setup, search and advertising management, and client website and domain transfer services. These Terms govern only the transfer services. Our other services are governed by their own agreements.
3. Designated Recipient
Each transfer page is issued to a named designated recipient and is protected by an access code. Access is intended only for that designated recipient and for parties the designated recipient authorizes. The designated recipient is responsible for every use of the access code and for every person to whom it is disclosed. A person who is not the designated recipient and did not expect a transfer notice should not use any access code or transfer code and should notify us at info@acadiamarketingmaine.com.
4. What We Deliver
A transfer page may include some or all of the following:
- website source files, in the form we hold them;
- one or more transfer codes, also called EPP or authorization codes;
- DNS information, such as the records currently in use for the domain; and
- email information, such as the mailboxes and settings in use for the domain.
We are not required to deliver third-party accounts, licensed materials, stock media, plugins or software that we do not own or are not permitted to pass on.
5. Delivered As-Is
Everything delivered under a transfer is provided "as is" and "as available." Files may be incomplete for use outside our hosting environment, may depend on services, settings or software that are not included, and may require changes before they work elsewhere. We do not undertake to adapt or support delivered materials on any other host or system.
6. Designated Recipient Responsibilities
After delivery, the designated recipient is responsible for:
- arranging and paying for hosting of the website;
- configuring and maintaining DNS records;
- migrating email accounts, messages and settings, and keeping email working;
- maintaining the domain registration, including renewals and registrant contact details;
- complying with the terms of any new registrar, host or service provider; and
- keeping copies of delivered files and information.
Changing DNS or email settings can interrupt a website or email service, and the designated recipient bears that risk.
7. Confidential Codes
Access codes and transfer codes are confidential. Each code is valid for a single purpose: an access code opens a transfer page, and a transfer code authorizes the move of a domain to another registrar. The designated recipient must not share, publish or reuse a code for any other purpose, and must not forward it to anyone not authorized to act on the domain. A transfer code gives control of a domain to whoever presents it, and we are not responsible for loss arising from its disclosure after delivery.
8. Access Logging
Visits to and downloads from transfer pages are logged with date, time, IP address and browser for security. By using a transfer page, the designated recipient consents to this logging.
9. Registrar Processes
A domain transfer is carried out by registrars and registries, not by us alone. Their requirements, fees, verification steps, holds, locks and timing are outside our control. We do not guarantee that a transfer will be accepted or completed, or that it will be completed within any particular period. A transfer code moves a domain to another registrar, and once the transfer completes, the domain and its renewals belong to the new registrant.
10. Hosting Until Completion
The live Sites remain on Acadia Marketing LLC hosting, and hosting continues under the existing agreements until the transfer is complete. Delivery of files or codes does not by itself end those agreements, change the fees under them, or move hosting.
11. No Further Obligations
Once a transfer is complete, we have no further obligation to host, maintain, update, secure, back up or support the website, domain or email, or to keep any file, record or code. Any later assistance is provided only if we agree to it in writing.
12. No Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES OF ANY KIND ABOUT THE TRANSFER OR ANYTHING DELIVERED, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE OPERATION.
13. Limitation of Liability
To the fullest extent permitted by law, Acadia Marketing LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost revenue, data or goodwill, arising from a transfer or from use of delivered materials. Our total liability for any claim relating to a transfer will not exceed the amount paid to us for the transfer services at issue.
14. Governing Law and Venue
These Terms are governed by the laws of the State of Maine, without regard to conflict-of-law rules. Any dispute relating to them will be brought in the state or federal courts located in Cumberland County, Maine.
15. Contact
Questions and notices should be sent to Acadia Marketing LLC, 218 Pond Road, Wilton, ME 04294, by email to info@acadiamarketingmaine.com, or by phone at (207) 716-9079.
