1. Nature of the Backorder Service
A domain backorder is a monitoring and registration-attempt service for a domain name that is already registered to another party. A backorder is not a purchase of the domain from its current registrant and does not give you any ownership, priority right, lien, claim or guaranteed entitlement to the domain.
2. No Guarantee of Registration
We do not guarantee that a backordered domain will become available or that we will successfully register it if it becomes available. The current registrant may renew or restore the domain, the registry or registrar may change its status, the domain may be withheld from general registration, another party may register it first, or technical and registry limitations may prevent a successful registration attempt.
3. Monitoring Period
The monitoring period begins after payment is confirmed and continues for the period shown at checkout or in your client area. Unless otherwise stated, monitoring does not continue indefinitely. If the monitoring period expires without a successful registration, the backorder will end unless renewed or replaced by a new order.
4. Availability and Domain Data
Domain availability, registration dates, ranking information and related data may be obtained from registries, registrars, RDAP, WHOIS or third-party data providers. Such information may be delayed, incomplete, unavailable or inaccurate. Displayed popularity rankings are informational only and are not a guarantee of website traffic, revenue, value or future performance.
5. Registration Attempt and Capture
If a monitored domain appears available, we may notify you, attempt registration automatically where the service is configured to do so, or require manual action by our staff. A successful availability check does not guarantee that the registry will accept the registration request. Registry, registrar and network responses at the exact time of registration determine whether a capture succeeds.
6. Registration Fees and Premium Domains
The backorder fee covers the monitoring/backorder service described at checkout. First-year domain registration fees are included only where the order page or invoice expressly states that they are included. Premium-domain charges, registry premiums, restoration fees, auction fees, aftermarket purchase prices, transfer fees and other third-party charges are not included unless expressly stated.
7. Backorder Priority
We may limit an individual domain to one active backorder within a particular service platform. Where a domain is already subject to an active backorder, we may refuse an additional backorder request. A backorder placed through another provider or another independent platform is outside our control.
8. Fees, Cancellation and Refunds
Once monitoring has begun, the backorder fee is generally non-refundable because the monitoring service is being performed, except where required by applicable law or where we are unable to provide the service due to our own error. If your invoice remains unpaid, the backorder will not be activated. Cancellation of an active backorder stops future monitoring but does not automatically create a refund entitlement.
9. Notifications
We may send backorder notices to the email address and account contact information associated with your client account. You are responsible for keeping your contact details current and for checking your client area. Failure to receive or read an email does not change a domain's registry status or guarantee additional time to act.
10. Reseller Customers
If you use the service as a reseller, you are responsible for ensuring that your downstream customer is informed of and agrees to terms that are no less protective than these Backorder Terms. Our contractual relationship and operational notices remain with the account holder who placed the backorder unless we agree otherwise in writing.
11. Trademarks, Rights and Lawful Use
You must not use the backorder service to infringe trademarks, impersonate another person or business, facilitate cybersquatting, fraud, abuse or any unlawful activity. You are responsible for ensuring that your requested domain and intended use do not violate third-party rights. Successfully registering a domain does not protect it from UDRP, URS, registry, court or other dispute proceedings.
12. Third-Party Registries and Registrars
Domain registration is ultimately subject to the policies, terms, eligibility requirements and technical systems of the relevant registry and registrar. Those third-party rules form part of the conditions affecting any registration attempt and may change without notice to us.
13. Service Availability
We use reasonable efforts to operate monitoring and registration systems reliably, but we do not warrant uninterrupted or error-free operation. Scheduled maintenance, provider outages, API limits, registry downtime, network failures and other events outside our reasonable control may affect checks or registration attempts.
14. Limitation of Liability
To the maximum extent permitted by applicable law, we will not be liable for indirect, special, consequential or loss-of-profit damages arising from an unsuccessful backorder, missed registration, third-party registration, ranking information or registry/registrar action. Where liability cannot lawfully be excluded, our aggregate liability relating to a backorder will not exceed the amount paid to us for that specific backorder service, except where applicable law requires otherwise.
15. Changes to These Terms
We may update these Backorder Terms from time to time. The version accepted when you place a backorder will be recorded with your backorder where our system supports this. Material changes will apply prospectively unless applicable law requires otherwise.
16. General Terms and Privacy
These Backorder Terms supplement our Terms of Service and Privacy Policy. If there is a conflict specifically concerning the backorder service, these Backorder Terms apply to that conflict. Information used to operate the service is handled in accordance with our Privacy Policy.
17. Governing Law
Unless mandatory consumer law provides otherwise, these Backorder Terms are governed by the laws of the Federal Republic of Nigeria and disputes will be handled in accordance with the dispute-resolution provisions in our general Terms of Service.
18. Contact
Questions about the Domain Backorder Service may be sent to [email protected] or through the support channels available on hoganhost.com.ng.