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This
Domain Name Registration Agreement ("Agreement") is by
and between DOMINIOSENLINEA.COM. ("Dominios en
Linea"), a Delaware corporation, and You, Your heirs,
agents, successors and assigns ("You"), and is made
effective as of the date of electronic execution. This
Agreement sets forth the terms and conditions of Your
use of Dominios en Linea's Domain Name Registration and
represents the entire agreement between You and Dominios
en Linea. By participating in this transaction, You
acknowledge that You have read, understand and agree to
be bound by all the terms and conditions of this
Agreement, including our dispute policy, along with any
new, different or additional terms, conditions or
policies which Dominios en Linea may establish from time to
time. In addition to transactions entered into by You on
Your behalf, You also agree to be bound by the terms of
this agreement for transactions entered into on Your
behalf by anyone acting as Your Agent, and transactions
entered into by anyone who uses the account You've
established with Dominios en Linea, whether or not the
transactions were in Your behalf. You acknowledge that
Dominios en Linea's acceptance of any application made by You
for services provided by Dominios en Linea will take place at
Dominios en Linea's offices located in Dallas, Texas, USA. You
acknowledge that Dominios en Linea is a registrar bound by an
agreement between Dominios en Linea and the Internet
Corporation for Assigned Names and Numbers ("ICANN").
You agree that Dominios en Linea may modify this agreement in
order to comply with applicable law and the terms and
conditions set forth by the Internet ICANN and/or the
Registry Administrator chosen by ICANN, as well as any
registration rules or policies that may be published
from time to time by Dominios en Linea. Fees In consideration
for the services and products ("Service") purchased by
You and provided to You by Dominios en Linea, You agree to pay
Dominios en Linea at the time Service is provided. You
understand that ICANN requires Dominios en Linea to collect a
small registration fee when you purchase your domain
name registration. You agree to pay such fees. Payments
are non-refundable. If for any reason Dominios en Linea is
unable to charge Your Payment Method for the full amount
owed Dominios en Linea for the Service provided, or if
Dominios en Linea is charged a penalty for any fee it previously
charged to your Payment Method, You agree that Dominios
en Linea may pursue all available remedies in order to
obtain payment. You agree that among the remedies Dominios
en Linea may pursue in order to effect payment, shall
include but will not be limited to, immediate
cancellation without notice to You of any domain names
registered or renewed on Your behalf. Dominios en Linea
reserves the right to charge a reasonable service fee
for administrative tasks outside the scope of its
regular services. These include, but are not limited to,
customer service issues that cannot be handled over
email but require personal service, and disputes that
require legal services. These charges will be billed to
the Payment Method we have on file for You. Domain Name
Renewals When You register a domain name, You have the
option to elect that the domain name be automatically
renewed upon reaching the expiration date. If You elect
the automatic renewal option, Dominios en Linea will
automatically renew, for a period equivalent to the
length of your original registration, any domain name
that is up for renewal and will take payment from the
Payment Method You have on file with Dominios en Linea, at
Dominios en Linea 's then current rates. Thus, if you have chosen
to register your domain name for one year, Dominios en
Linea
will automatically renew it for one year. If you have
chosen to register your domain name for two years, Dominios
en Linea will automatically renew it for two years, and so
on. Domain name renewals will be non refundable. If for
any reason Dominios en Linea is not able to take the payment
from the Payment Method You have on file, and You fail
to respond to our notices, Your domain name registration
will expire. It is Your responsibility to keep Your
Payment Method information current, which includes the
expiration date if you are using a credit card. If You
do not elect that the domain name be automatically
renewed, You have the responsibility of logging into
Your Orbit account for that domain name and manually
implementing the renewal by the expiration date (should
You in fact want the domain name to be renewed). In this
case, if You fail to manually implement the renewal in a
timely fashion the domain name will be cancelled and You
will no longer have use of that name. You agree that Dominios
en Linea will not be responsible for cancelled domain
names that You fail to renew, either automatically or
manually. In any case, if You fail to renew Your domain
name in a timely fashion, additional charges may apply.
If You signed up for any other service in conjunction
with Your domain registration, these services may be
automatically renewed when Your domain registration is
up for renewal, and You may incur an additional renewal
fee unless You cancel in advance. If you fail to renew
your domain name, you agree that Dominios en Linea may, at its
sole discretion, renew your expired domain name on your
behalf. If Dominios en Linea decides to renew your expired
domain name on your behalf you will have a Renewal Grace
Period during which you may reimburse Dominios en Linea for the
renewal and keep your domain name. The Renewal Grace
Period is currently 30 days but subject to change under
the terms of Section 2 of this Agreement.
Dominios en Linea Domain Reg. Agmt. Page 1
Ver. 011507
Dominios en Linea Domain Reg. Agmt. Page 2
Ver. 011507
If you do not reimburse Dominios en Linea for the renewal
during the Renewal Grace Period your domain name will be
placed on Hold and flagged for deletion after which you
will have a 30 day Redemption Grace Period during which
you may pay Dominios en Linea a Redemption fee and redeem your
domain name. The Redemption fee is currently $80 USD and
is subject to change under the terms of Section 2 of
this agreement. If you do not redeem your domain name
prior to the end of the Redemption Grace Period Dominios
en Linea may, at its sole discretion, delete your domain
name or transfer it to another registrant on your behalf.
Term of Agreement; Modifications The term of this
agreement shall continue in full force and effect as
long as You have any domain name registered through Dominios
en Linea. You agree that You will not transfer any domain
name registered through Dominios en Linea to another domain
name registrar during the first sixty (60) days from its
initial registration date. You further agree that Dominios
en Linea may charge You a small fee if You cancel Your
domain within the five (5) day grace period after
registering Your domain with Dominios en Linea and Dominios
en Linea
refunds the price of Your domain. Dominios en Linea will not
charge You a fee if Dominios en Linea cancels Your domain name
during this period because of fraud. You agree that Dominios
en Linea may modify this agreement from time to time.
Dominios en Linea may also discontinue services it provides under
this agreement. You agree to be bound by any changes Dominios
en Linea may reasonably make to this agreement when such
changes become effective. Should You elect to cancel
Your agreement with Dominios en Linea You will not receive a
refund for any fees You may have paid to Dominios en
Linea. You
agree that Dominios en Linea shall not be bound by any
representations made by third parties who You may use to
purchase services from Dominios en Linea, and that any
statements of a general nature, which may be posted on
Dominios en Linea 's web site or be contained in Dominios
en Linea 's
promotional materials, will not bind Dominios en Linea. Up To
Date and Use of Information You agree to notify Dominios
en Linea within five (5) business days when any of the
information You provided as part of the application and/or
registration process changes. It is Your responsibility
to keep this information in a current and accurate
status. Failure by You, for whatever reason, to provide
Dominios en Linea with accurate and reliable information on an
initial and continual basis, shall be considered to be a
material breach of this agreement. Failure by You, for
whatever reason, to respond within five (5) business
days to any inquiries made by Dominios en Linea to determine
the validity of information provided by You, shall also
be considered to be a material breach of this agreement.
You agree to retain a copy for Your record of the
receipt for purchase of Your domain name. You agree that
for each domain name registered by You the following
information will be made publicly available in the Whois
directory as determined by ICANN Policy and may be sold
in bulk as set forth in the ICANN agreement: • The
domain name • Your name and postal address • The email
address, postal address, voice and fax numbers for
technical and administrative contacts • The Internet
protocol numbers for the primary and secondary name
servers • The corresponding names of the name servers •
The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, Dominios
en Linea may make use of the publicly available
information You provided during the registration process.
If You engage in the reselling of domain names You agree
to provide any individuals whose personal information
You've obtained information about the possible uses of
their personal information pursuant to ICANN policy. You
also agree to obtain consent, and evidence of consent,
from those individuals for such use of the personal
information they provide. Transfer of Domain Names;
Resale Practices If You transfer any domain name, You
agree to provide the information required by, and to
abide by, the procedures and conditions set forth in
this agreement. In order to further protect Your domain,
any domain registered with Dominios en Linea or transferred to
Dominios en Linea shall be placed on lock status. The domain
must be placed on unlock status in order to modify any
of the Whois information including the name servers, or
initiate a transfer of the domain name away from Dominios
en Linea to a new Registrar. You may log into Your account
with Dominios en Linea at any time after Your domain name has
been successfully transferred to Dominios en Linea, and change
the status to unlock. You agree to inform any customer
of Yours, who may be acquiring a domain name through You
using Dominios en Linea 's registration services, that they are
in fact registering their domain name through Dominios
en Linea
and that Dominios en Linea is an accredited registrar with
ICANN. You agree not to represent that You are an ICANN
accredited registrar or that You are in any way
providing superior access to the ICANN Domain Name
Registry. You also agree not to use the ICANN trademark
logo in any of Your promotional materials including Your
web site.
Dominios en Linea Domain Reg. Agmt. Page 3
Ver. 011507
You agree to obtain each of Your customers' acceptances
of Dominios en Linea 's then current Domain Registration
Agreement, and to retain evidence of their acceptance
for a period of not less than three (3) years. Should
You require that Your customers accept additional terms
and conditions that are not required by Dominios en
Linea, You
agree that such additional terms and conditions shall
not conflict with Dominios en Linea 's Domain Registration
Agreement and the policies and business procedures
adopted by ICANN. You agree that Dominios en Linea is not
lending You access to its registrar connections or its
registry access, nor will You be deemed to be a
registrar in Your own right. Furthermore, You agree You
will not attempt to gain access to Dominios en Linea 's
registrar connections or registry access. You agree to
provide complete, accurate and current data for each
registrant to be added to a registry in accordance with
ICANN requirements for inclusion in the Whois database.
You agree to provide Your customers with adequate
customer support, and to maintain contact with them with
regard to providing a medium for them to communicate
changes in the information they provided as part of the
domain name registration process. Upon receiving
corrected or updated information You will, within 5
business days, provide such information to Dominios en
Linea so
Dominios en Linea may update its registration records. You will
retain copies of all communications between You and Your
customers and will upon request provide Dominios en
Linea
copies of same. Restriction of Services; Right of
Refusal You agree not to use the services provided by
Dominios en Linea, or to allow or enable others, to use the
services provided by Dominios en Linea for the purposes of: The
transmission of unsolicited email (Spam). Repetitive,
high volume inquires into any of the services provided
by Dominios en Linea (i.e. domain name availability, etc.). If
You are hosting Your domain's domain name servers ("DNS")
on Dominios en Linea 's servers, or are using our systems to
forward a domain, URL, or otherwise to a system or site
hosted elsewhere, or if You have your domain name
registered with Dominios en Linea, You are responsible for
ensuring that there is no excessive overloading on Dominios
en Linea's DNS systems. You may not use Dominios en
Linea's
servers and Your domain as a source, intermediary, reply
to address, or destination address for mail bombs,
Internet packet flooding, packet corruption, or other
abusive attack. Server hacking or other perpetration of
security breaches is prohibited. You agree that Dominios
en Linea reserves the right to deactivate Your domain name
from its DNS system if Dominios en Linea deems it is the
recipient of activities caused by your site that
threaten the stability of its network. You agree that
Dominios en Linea, in its sole discretion and without liability
to You, may refuse to accept the registration of any
domain name. Dominios en Linea also may in its sole discretion
and without liability to You delete the registration of
any domain name during the first thirty (30) days after
registration has taken place. Dominios en Linea may also cancel
the registration of a domain name, after thirty (30)
days, if that name is being used in association with
spam or morally objectionable activities. Morally
objectionable activities will include, but not be
limited to: activities designed to defame, embarrass,
harm, abuse, threaten, slander or harass third parties;
activities prohibited by the laws of the United States
and/or foreign territories in which You conduct business;
activities designed to encourage unlawful behavior by
others, such as hate crimes, terrorism and child
pornography; activities that are tortuous, vulgar,
obscene, invasive of the privacy of a third party,
racially, ethnically, or otherwise objectionable;
activities designed to impersonate the identity of a
third party; and activities designed to harm minors in
any way. In the event Dominios en Linea refuses a registration
or deletes an existing registration during the first
thirty (30) days after registration, You will receive a
refund of any fees paid to Dominios en Linea in connection with
the registration either being canceled or refused. In
the event Dominios en Linea deletes the registration of a
domain name being used in association with spam or
morally objectionable activities, no refund will be
issued. Suspension of Services; Breach of Agreement You
agree that, in addition to other events set forth in
this agreement, Your ability to use any of the services
provided by Dominios en Linea is subject to cancellation or
suspension in the event there is an unresolved breach of
this agreement and/or suspension or cancellation is
required by any policy now in effect or adopted later by
ICANN. You agree that Your failure to comply completely
with the terms and conditions of this agreement and any
Dominios en Linea rule or policy may be considered by
Dominios en Linea to be a material breach of this agreement and
that Dominios en Linea may provide You with notice of such
breach either in writing or electronically (i.e. email).
In the event You do not provide Dominios en Linea with material
evidence that You have not breached Your obligations to
Dominios en Linea within ten (10) business days, Dominios
en Linea may
terminate its relationship with You and take any
remedial action available to Dominios en Linea under the
applicable laws. Such remedial action may be implemented
without notice to You and may include, but is not
limited to, canceling the registration of any of Your
domain names and discontinuing any services provided by
Dominios en Linea to You. No fees will be refunded to You
should Your agreement be cancelled or services be
discontinued because of a breach. Dominios en Linea 's failure
to act upon or notify You of any event, which may
constitute a breach, shall not relieve You from or
excuse You of the fact that You have committed a breach.
Dominios en Linea Domain Reg. Agmt. Page 4
Ver. 011507
Dispute Resolution Policy You agree to be bound by our
current Dispute Resolution Policy. This policy is
incorporated herein and made a part of this agreement.
You can view the Uniform Domain Name Dispute Resolution
Policy online. You agree that Dominios en Linea may from time
to time modify its Dispute Resolution Policy. Dominios
en Linea
will post any changes to its Dispute Resolution Policy
at least 30 days before they become effective. You agree
that by maintaining Your domain name registrations with
Dominios en Linea after the updated policy becomes effective
that You agree to the Dispute Resolution policy as
amended. You agree to review Dominios en Linea 's web site
periodically to determine if changes have been made to
the Dispute Resolution Policy. You agree that if a
dispute arises as a result of one or more domain names
You have registered using Dominios en Linea, You will indemnify,
defend and hold Dominios en Linea harmless as provided for in
this agreement. You also agree that if Dominios en Linea is
notified that a complaint has been filed with a
governmental, administrative or judicial body, regarding
a domain name registered by You using Dominios en Linea, that
Dominios en Linea, in its sole discretion, may take whatever
action Dominios en Linea deems necessary regarding further
modification, assignment of and/or control of the domain
name deemed necessary to comply with the actions or
requirements of the governmental, administrative or
judicial body until such time as the dispute is settled.
In this event You agree to hold Dominios en Linea harmless for
any action taken by Dominios en Linea. Limitation of Liability
You agree that Dominios en Linea's entire liability to you
under this agreement, and your only remedy, in
connection with any service provided by Dominios en
Linea, to
you under this agreement, and for any breach of this
agreement by Dominios en Linea, shall be limited to the fees
you paid to Dominios en Linea for the particular service in
contention. Dominios en Linea and its agents and contractors
shall not be liable for any direct, indirect incidental,
special, or consequential damages resulting from the use
of or inability to use any of Dominios en Linea 's services or
for the cost of obtaining substitute services. Because
certain states do not permit the limitation of
elimination of liability for certain types of damage,
Dominios en Linea 's liability shall be limited to the smallest
amount permitted by law. Dominios en Linea disclaims any loss
or liability resulting from: • access delays or
interruptions to our web site or domain name
registration system • data non-delivery or misdelivery
between You and Dominios en Linea • events beyond our control
(i.e. acts of God) • the loss of registration or
processing of a domain name or the use of a domain name
• the failure for whatever reason to renew a domain name
registration • the unauthorized use of Your account with
Dominios en Linea or any of services provided to You by
Dominios en Linea • errors, omissions or misstatements • deletion
of, failure to store, or failure to process or act upon
email messages • processing of updated information to
Your registration record • development or interruption
of Your web site • errors taking place with regard to
the processing of Your application • application of Dominios
en Linea 's Dispute Resolution Policy • any act or
omission caused by You or Your agent (whether authorized
by You or not) Indemnity You agree to release, defend,
indemnify and hold harmless Dominios en Linea and its
contractors, agents, employees, offices, directors,
shareholders and affiliates from and against any losses,
damages or costs, including reasonable attorney's fees,
resulting from any claim, action, proceeding suit or
demand arising out of or related to Your (including Your
agents, affiliates or anyone using Your account with Dominios
en Linea whether or not on Your behalf, and whether or not
with Your permission) use of the services provided by
Dominios en Linea. Should Dominios en Linea be notified of a pending
lawsuit, or receive notice of the filing of a lawsuit,
Dominios en Linea may seek a written confirmation from You
concerning Your obligation to indemnify Dominios en
Linea. Your
failure to provide such a confirmation may be considered
a breach of this agreement. Representation and
Warranties You warrant that all information provided by
You as part of the registration process is complete and
accurate. You also warrant that each registration You
make is being done so in good faith and that You have no
knowledge of it infringing upon or conflicting with the
legal rights of a third party or a third party's
registration, trademark or trade name. You also warrant
that the domain name being registered will not be used
in connection with any illegal activity. You agree that
Dominios en Linea makes no representations or warranties or any
kind in connection with this agreement and specifically
makes no guaranty to You against the possibility of
objection to, or challenge of, the registration or use
of any domain name You register with Dominios en Linea.
Dominios en Linea expressly reserves the right to deny, cancel or
transfer any registration that it deems necessary, in
its discretion, to protect the integrity and stability
of the registry, to comply with any applicable laws,
government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution
process, or to avoid any
Dominios en Linea Domain Reg. Agmt. Page 5
Ver. 011507
liability, civil or criminal, on the part of Dominios en
Linea,
as well as its affiliates, subsidiaries, officers,
directors and employees. Dominios en Linea also reserves the
right to freeze a domain name during resolution of a
dispute. Disclaimer of Warranties Dominios en Linea expressly
disclaims all warranties of any kind, whether express or
implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular
purpose and non-infringement. Dominios en Linea makes no
warranty that its service(s) will meet your requirements,
or that the service(s) will be uninterrupted, timely,
secure, or error free, or that defects will be corrected.
Dominios en Linea does not warrant, nor make any
representations regarding the use, or results of, any of
the services it provides, in terms of their correctness,
accuracy, reliability, or otherwise. Severability;
Entirety You agree that the terms of this Agreement are
severable. If any part of this Agreement is determined
to be unenforceable or invalid, that part of the
agreement will be interpreted in accordance with
applicable law as closely as possible, in line with the
original intention of both parties to the Agreement. The
remaining terms and conditions of the Agreement will
remain in full force and effect. You agree that this
agreement including the policies it refers to (i.e. our
Dispute Resolution Policy, etc.) constitute the complete
and only agreement between You and Dominios en Linea regarding
the services contemplated herein. Venue; Waiver of Trial
by Jury This agreement shall be deemed entered into in
the state of Texas . Except for disputes concerning the
user of a domain name registered with Dominios en Linea, the
laws and judicial decisions of Dallas County , Texas ,
shall be used to determine the validity, construction,
interpretation and legal effect of this agreement. You
agree that any action relating to or arising out of this
agreement, shall be brought in the courts of Dallas
County , Texas . You agree to waive the right to trial
by jury in any proceeding that takes pace relating to or
arising out of this agreement. Notices You agree that
all notices (except for notices concerning breach of
this agreement) from Dominios en Linea to You may be posted on
our web site and will be deemed delivered within thirty
(30) days after posting. Notices concerning breach will
be sent either to the email address You have on file
with Dominios en Linea or mailed first class postage to the
postal address You have on file with Dominios en Linea. In both
cases, delivery shall be deemed to have been made five
(5) days after the date sent. Notices from You to Dominios
en Linea shall be made either by email, sent to the
address we provide on our web site, or first class mail
to our address at: Legal Department Dominios en Linea Internet
Services, Inc. 835 Greens Parkway, Suite 150 Houston, TX
77067 Delivery shall be deemed to have been made by You
to Dominios en Linea five (5) days after the date sent.
Provisions Specific to All Registrations You agree to be
bound by the rules, policies, and agreements of each
Registry from which You purchase a domain registration,
which may include, but are not limited to, Top Level
Domain Registries and Second Level Domain Registries.
Provisions Specific to .COM, and .NET Registrations
Indemnification You agree to indemnify, defend and hold
harmless the .COM and .NET Registry Operator, VeriSign,
Inc., and its directors, officers, employees, agents,
and affiliates from and against any and all claims,
damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or
relating to the Registered Name holder's domain name
registration. |
