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ORDER
YOUR DOMAIN REGISTRATION AGREEMENT
This Registration Agreement ("Agreement")
sets forth the terms and conditions of your use of Order
Your Domain to register a domain name on the Internet.
Any reference to Order Your Domains also refers to Alabanza
(the registrar). To complete the registration process,
you must read and agree to be bound by all terms and
conditions of this Agreement, the accompanying fee schedule
and dispute policy, and any rules or policies that are
or may be published by Order Your Domain. This Agreement
will become effective when accepted by Order Your Domain.
Alabanza is an accredited registrar with the Internet
Corporation for Assigned Names and Numbers ("ICANN")
under an agreement between Alabanza and ICANN ("ICANN
Agreement"). You acknowledge that Order Your Domains
(Alabanza) may modify this Agreement if necessary to
comply with its ICANN Agreement, or for any other business
purpose.
1. Fees
As consideration for the domain name registration services
provided by Order Your Domain, you shall pay all applicable
initial registration fees and renewal fees. You will
be notified when renewal fees are due, and it shall
be your responsibility to ensure that such fees are
paid. Should these fees go unpaid by the time specified
in the renewal notice, your registration will be cancelled.
You agree that Order Your Domain shall have no liability
whatsoever with respect to any such cancellation, and
that Order Your Domain may cancel or reassign the domain
name in the event of delinquency..
2. Dispute Policy
In applying for a domain name, you warrant that the
registration is not made in bad faith and that the name
does not conflict with another domain name. You agree
to be bound by the current Order Your Domain Domain
Name Dispute Policy ("Dispute Policy") which
is incorporated into this Agreement by reference. The
Dispute Policy can be found at
http://www.Order Your Domain.com/disputepolicy.html.
Any disputes regarding the right to use your domain
name will be subject to the Dispute Policy. Order Your
Domain may modify the Dispute Policy in its sole discretion
at any time. Your continued registration of your domain
name after modification to the Dispute Policy becomes
effective constitutes your acceptance of those modifications.
If you do not agree to such a modification, you may
request that your domain name be deleted.
You agree that you will be subject to the provisions
specified in the Dispute Policy in effect at the time
your domain name is challenged by a third party. You
also agree that in the event a domain name dispute arises
with any third party, you will indemnify, defend and
hold Order Your Domain harmless.
3. Use of Your Information
As part of the registration process, you are required
to provide certain information and to update this information
to keep it current, complete and accurate. This information
includes (i) your full name, postal address, e-mail
address, voice telephone number, and fax number if available;
(ii) the name of an authorized person for contact purposes
in the case of a registrant that is an organization,
association, or corporation; (iii) the IP addresses
of the primary nameserver and any secondary nameservers
for the domain name; (iv) the corresponding names of
those nameservers; (v) the full name, postal address,
e-mail address, voice telephone number, and fax number
if available of the technical contact for the domain
name; (vi) the full name, postal address, e-mail address,
voice telephone number, and fax number if available
of the administrative contact for the domain name; (vii)
the name, postal address, e-mail address, voice telephone
number, and fax number if available of the zone contact
for the domain name; and (viii) any remark concerning
the registered domain name that should appear in the
Whois data.
You acknowledge that providing inaccurate information
or failing to update information promptly will constitute
a material breach of this Agreement and will be a basis
for cancellation of your domain name. If you license
use of a domain name to a third party, you remain responsible
for providing your own full contact information and
for providing and updating accurate technical, administrative,
and zone contact information.
You acknowledge that Order Your Domain will make some
of the information that you provide during the registration
process publicly available as required by ICANN. Additionally,
you acknowledge that ICANN may impose guidelines, limits
and/or requirements that relate to the amount and type
of information that Order Your Domain may or must make
available to the public or to private entities. Order
Your Domain will not otherwise disclose your information
to any third party unless it is required to maintain
your domain name. You may request a copy of your information
in Order Your Domain's possession to review, modify
or update such information.
4. Use Policies
Order Your Domain reserves the right to suspend or cancel
your domain name in the event that you use the domain
name to send unsolicited commercial advertisements in
contradiction to either applicable laws or customary
acceptable usage policies of the Internet, or if you
use your domain name in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on
your behalf by anyone acting as your agent (e.g., an
Internet Service Provider, employee, etc.), you are
nonetheless bound as a principal by all terms and conditions
provided herein, including the Dispute Policy.
You agree that if you license the use of your domain
name to a third party, you remain the domain name holder,
and remain responsible for all obligations under this
Agreement.
6. Limitation of Liability
YOU AGREE THAT ORDER YOUR DOMAIN WILL NOT BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR
DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME,
(b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR
ACCESS INTERRUPTIONS TO ORDER YOUR DOMAIN'S REGISTRATION
SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA
BETWEEN YOU AND ORDER YOUR DOMAIN; (e) EVENTS BEYOND
ORDER YOUR DOMAIN's CONTROL; (f) THE PROCESSING OF THIS
APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION
TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h)
THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER;
OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER,
ORDER YOUR DOMAIN WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF ORDER YOUR DOMAIN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
ORDER YOUR DOMAIN'S MAXIMUM LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU TO ORDER YOUR DOMAIN FOR REGISTRATION
OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE
EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED
BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless Order
Your Domain and any applicable domain name registry,
including Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, for
any loss, damages or costs, including reasonable attorneys'
fees, resulting from any third party claim, action,
or demand related to
your domain name or the use thereof. This indemnification
is in addition to any indemnification required under
the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided
by you in connection with your registration is complete
and accurate. Order Your Domain makes no representation
or warranties of any kind in connection with this Agreement.
Order Your Domain does not represent or warrant that
registration of your domain name will immunize you from
challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy
must be remedied by you within 30 days of notice by
Order Your Domain. If you fail to cure the breach, Order
Your Domain may revoke your registration of the domain
name.
You also agree that Order Your Domain shall have the
right in its sole discretion to revoke, suspend, transfer
or otherwise modify a domain name registration upon
seven (7) calendar days prior written notice, or at
such time as Order Your Domain receives a properly authenticated
order from a court of competent jurisdiction, or arbitration
award, re-querying the revocation, suspension, transfer
or modification of the domain name registration.
10. Governing Law
This Agreement and all rights hereunder shall be governed
by the laws of the State of Maryland. Any action relating
to this Agreement or to your use of the Order Your Domain
site shall be brought exclusively in the courts of Maryland
in the USA.
11. General
This Agreement, the Order Your Domain fee schedule and
the Dispute Policy, together with all amendments or
modifications to any of them, constitute the complete
and exclusive agreement between you and Order Your Domain,
and supersede and govern all prior proposals, agreements,
or other communications.
Nothing contained in this Policy shall be construed
as creating any agency, partnership, or other form of
joint enterprise between the parties. The failure of
Order Your Domain to require your performance of any
provision hereof shall not affect the right to require
such performance thereafter; nor shall the waiver by
Order Your Domain of a breach of any provision hereof
be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement is
deemed unenforceable or invalid, such unenforceability
or invalidity shall not affect the remainder of this
Agreement. Order Your Domain may amend or replace such
provision with one that is valid and enforceable and
which achieves, to the extent possible, the original
objectives and intent of Order Your Domain as reflected
in the original provision.
No
provision of this Agreement, including the Order Your
Domain fee schedule and the Dispute Policy, may be
amended or modified by you except by means of a written
document signed by Order Your Domain.
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