ownership changes and disputes
#1 Access and Control Policy
When a new account or domain, as applicable, is registered with or transferred to Bluehost or with one of its affiliates, the process requires and results in the creation of the following within the records of Bluehost, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc.
If a person contacts AlohaFX and claims that he or she is entitled to access to an account, website, or domain registered with Bluehost or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), AlohaFX will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory). Otherwise, AlohaFX will not give access and control to a claimant unless AlohaFX is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring AlohaFX to give such access and control to said claimant or unless there is submitted to AlohaFX at firstname.lastname@example.org a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of Bluehost or of its affiliates shall not be deemed effective to give notice to AlohaFX or its affiliates of any changes in said access or control.
#3 Acknowledgement By Subscriber
Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against AlohaFX arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases AlohaFX from all liability and all claims for damages or any other liability whatsoever that may arise out of Bluehost's following said policy and procedure.
#4 Transfer of Ownership
Bluehost is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with Bluehost or its affiliates. By accessing Bluehost's system, registering, or using any of the services provided by Bluehost, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with Bluehost or any of its affiliates are subject to the terms and conditions of this section of these Terms.
AlohaFX will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with AlohaFX or its affiliates only in the event that at least one of the following occur: i) there is received by the Compliance Manager (email@example.com) a written statement (in a form acceptable to Bluehost or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) AlohaFX is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring AlohaFX (or affiliate) to transfer such ownership to said claimant.
#6 Foregoing Policies
Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within AlohaFX; and, further, that any other changes made directly by Subscriber or by others within the online records of AlohaFX or of its affiliates shall not be deemed effective to give notice to AlohaFX or its affiliates of any changes in said ownership.
#7 Disputing Site or Account Ownership
Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by AlohaFX or in an associated AlohaFX account. AlohaFX is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by AlohaFX or in an associated AlohaFX account, and, in AlohaFX's sole judgment, there is not certainty as to the ownership of or rights in said site or account, then AlohaFX will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves AlohaFX of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what AlohaFX, in its sole judgment, deems to be a reasonable time, then AlohaFX, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of California, file an interpleader action in a court of competent jurisdiction within the State of California for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse AlohaFX for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to AlohaFX under this section shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached.
#8 Notification of Transfer of Hosting Account Ownership
Pursuant to Paragraph 2 above, the form found here may be used to notify AlohaFX of a change in ownership of a hosting account. Please note that any changes to the owner and/or billing information stored in the account control panel must be changed by the Transferor or the Transferee. AlohaFX will not be liable for any inability to access the account due to a failure to release access information. Filing this form with AlohaFX does not guarantee any changes. AlohaFX reserves the right to accept or reject the request for any reason in its sole and absolute discretion.
This file was last modified: July 1, 2015.