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.BIZ SERVICES AGREEMENT

This .BIZ Services Agreement (the "Agreement") between you and Register.com, Inc. ("register.com") sets forth the terms and conditions of your use of the .biz-related services set forth herein (the ".biz Services").
  1. The .biz Intellectual Property Claim Service

    The .biz Intellectual Property Claim Service (the "IP Claim Service"), is offered to holders of common law or registered trademarks. The IP Claim Service is more fully described in the IP Claim Service Terms of Use (click here for a copy of those terms of use) Use of the IP Claim Service alone will not result in a .biz domain name application on behalf of the IP Claim Service user and does not guarantee that the IP Claim Service user will have any rights in the .biz name that is the subject of the IP Claim Service.

    You certify that you have read, understood and agree to be bound by all terms and conditions of the .biz IP Claim Service Terms of Use, as it may be amended from time to time, which is hereby incorporated in and made an integral part of this Agreement. (Click here for a copy of the .biz IP Claim Service Terms of Use).

  2. .biz Domain Name Services

    Register.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .biz top level domain. As such, register.com is, upon accepting your application to register a .biz domain name, your sponsor for that application.

    No .biz domain name application we submit for registration will be deemed registered until (1) we have delivered the application information you provide us to the registry administrator for .biz, and (2) the registry administrator has placed into effect a .biz domain name registration in your name. Currently, the registry administrator for .biz is NeuLevel, Inc. ("NeuLevel").

    Register.com cannot guarantee that any .biz domain name application or multiple .biz domain name applications will result in a .biz domain name registration.

    1. Domain Name Dispute Resolution

      You certify that you have read, understood and agree to be bound by all terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated in and made an integral part of this Agreement:
      1. The Uniform Domain Name Dispute Resolution Policy (the "UDRP") (click here for a copy of the UDRP);

      2. The Start-up Dispute Resolution Policy (the "SUDRP") (click here for a copy of the SUDRP); and

      3. The Restrictions Dispute Resolution Criteria and Rules (the "RDRP") (click here for a copy of the RDRP).

    2. No Guarantee of Registration

      You acknowledge and agree that register.com cannot guarantee that you will be able to register a desired .biz domain name, since register.com cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration process or related databases. You further acknowledge and agree that register.com may elect to accept or reject your application for registration for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name. You also acknowledge and agree that register.com is not liable or responsible in any way for any errors, omissions or any other actions by NeuLevel arising out of or related to your application for and registration of, or failure to register a particular domain name. You additionally agree to indemnify, defend and hold harmless NeuLevel and its directors, officers, employees, and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or related to your domain name registration.

    3. Your Representations

      By applying to register a .biz domain name, you hereby certify that (a) the statements that you made in connection with such application are true, correct, up to date and complete; (b) in the event that your application to register a .biz domain name is successful, you will ensure that any information you have provided in connection with that domain name application will be kept up to date; (c) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (d) you are not registering the domain name for an unlawful purpose; (e) you will not knowingly use the domain name in violation of any applicable laws or regulations; (f) the domain name will be used primarily for bona fide business or commercial purposes and not (1) exclusively for personal use, or (2) solely for the purposes of (A) selling, trading or leasing the domain name for compensation, or (B) the unsolicited offering to sell, trade or lease the domain name for compensation; (g) you have the authority to enter into this Agreement; and (h) the domain name is reasonably related to your business or intended commercial purpose.

      You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.

    4. Domain Name Registrant

      Register.com considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name.

    5. Coming Soon Web Page

      All new domain names registered through register.com are pointed to a "Coming Soon" web page, which tells visitors that you have recently registered your domain name at register.com. If for any reason you do not wish to have your domain name pointed to a Coming Soon Web page, please notify our Customer Support team by clicking here. You may also remove the Coming Soon Web page by using register.com's Account Manager utility, which you may access by clicking here.

    6. User Name and Password

      The first time you apply to use register.com's services, you are asked to select a User name and password. That User name and password are the means through which you access to certain of the .biz Services. Please safeguard the User name and password you select from any unauthorized use. You acknowledge and agree that in no event will register.com be liable for the unauthorized use or misuse of your User name or password.

    7. Account Manager

      Certain register.com users have access to register.com's Account Manager utility. If you are one of those users, you may use the Account Manager utility to modify the zone file, DNS, IP, domain alias, MX Records and SOA WHOIS, and contact information for any generic top level domain name registered through or administered by register.com, or registered by a register.com co-brand or other reseller.

      Those users with access to Account Manager utility may log into the utility using the username and password established during the application process. If you have more than one register.com profile (i.e., you have registered multiple domain names through register.com and have created a different user name and password profile for each domain name), be sure that you use the username and password for the domain name you intend to manage using Account Manager. If you have more than one domain name associated with a username and password, you will be able to login and perform edits on all domain names associated with that username and password.

      You acknowledge that the functionality of Account Manager will differ based on the date of registration, as well as whether or not the domain name lists register.com's domain name servers as authoritative for the domain name. You further acknowledge that any changes you make through Account Manager may take as long as 72 hours to become effective.

  3. Fees

    As consideration the .biz Services, you agree to pay register.com the then-current fees. All fees are non-refundable, in whole or in part, even if your domain name application does not result in the registration of a domain name, or if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Register.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

    Your domain name application will not be submitted to the applicable registry unless we receive actual payment of the applicable fees, or reasonable assurance of payment of the applicable fees from some other entity (such reasonable assurance as determined by register.com in its sole discretion).

    In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable fees, you acknowledge and agree that, should you application result in the registration of a domain name, that registration shall be transferred to register.com as the entity that has paid the registration fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Register.com will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable fees, as well as our then-current reinstatement fee, currently set at $200.

  4. Changes to this Agreement or to Additional Rules or Policies

    You acknowledge that the Internet, the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that register.com may modify this Agreement, as well as any additional rules or policies that are or may be published by register.com, as necessary to comply with register.com's ICANN agreement, or with any other agreements that register.com is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any .biz Service provided by register.com shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by register.com, each with the new modifications. If you do not agree to any of such changes, you may cease using the .biz Services, or request that your domain name registration be cancelled or transferred to a different domain name registrar. You acknowledge and agree that such cessation, cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by register.com. In the event of any cessation, cancellation or transfer of your domain name under this Agreement, the terms of this Agreement shall survive such cessation, cancellation or transfer.

  5. Information and Its Use

    You hereby acknowledge and agree that, in connection with your use of the .biz Services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.

    Except as set forth below, and in the .biz IP Claim Service Terms of Use, all other information which we may request from you in connection with the .biz Services is voluntary; however, not providing this information may prevent you from obtaining additional services from register.com.

    1. .biz Domain Name Services

      The information you are obligated to provide and keep current in connection with your use of the .biz domain name services are:

      1. Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder);

      2. The domain name being registered; and

      3. The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.

    2. Additional Information Maintained

      In addition to the information you provide, we maintain records relating to any application for .biz Services received by register.com, as well as any domain name registered through register.com. We also maintain records relating to other services that we provide to you. These records may include, but are not limited to:

      1. The original creation date of a domain name application, registration, or request for service;

      2. The submission date and time of an application to us and by us to the proper registry;

      3. Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;

      4. Records of your account, including dates and amounts of all payments and refunds;

      5. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;

      6. The corresponding names of those nameservers;

      7. The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;

      8. The expiration date of a domain name registration; and

      9. Information regarding all other activity between you and us regarding your use of the .biz Services, including, without limitation, any information provided to us in connection with the IP Claim Service.

    3. Obligations Relating to the Information You Provide

      In the event that (i) in requesting the .biz Services you are acting on behalf of a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

      You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your use of the .biz Services, and for cancellation of your .biz domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by register.com concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

    4. Disclosure and Use of Information

      You acknowledge and agree that register.com may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit. You further acknowledge and agree that either register.com or NeuLevel may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws.

      You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of the .biz Services (including any updates to such information), whether during or after your use of the .biz Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by register.com.

      We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

      Register.com will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. Register.com will have no liability to you or any third party to the extent such reasonable precautions are taken.

    5. Communications

      Communications with register.com are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of register.com.

  6. Ownership of Data

    You acknowledge and agree that register.com owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to register.com a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the .biz Services. Register.com does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section 6.

  7. Agents and Licenses

    You agree that, if you are using the .biz Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the UDRP. You accept liability for harm caused by wrongful use of the .biz Services.

    You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

  8. System Performance Degradation

    Register.com depends upon a computer system that is responsive to the demands of the domain name registration process, and that provides timely information to register.com's customer service team. Occasionally, register.com's computer system is subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of register.com's system processing and response time.

    Regardless of the reason, in those instances when there is system performance degradation as the result of an extremely large volume of incoming electronic messages, register.com reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high volume traffic. Register.com will selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Register.com further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.

  9. Limitation of Liability

    YOU AGREE THAT REGISTER.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION OR .BIZ SERVICES, (b) USE OF YOUR DOMAIN NAME REGISTRATION OR .BIZ SERVICES, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND REGISTER.COM'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. REGISTER.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR LOSS OF PRIVACY) THAT MAY RESULT FROM YOUR RELIANCE UPON OR USE OF CONTENT, INFORMATION, OR SERVICES PROVIDED BY OR THROUGH REGISTER.COM, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTER.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE .BIZ SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  10. Indemnification of Register.com

    You agree to defend, indemnify and hold harmless register.com and its employees, directors, officers, representatives, agents, and affiliates, loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, suit, action, proceeding, or demand related to (i) your use of the .biz Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any .biz domain name registered in your name. This indemnification is in addition to any indemnification required under the UDRP, SUDRP, RDRP, or any similar policy.

  11. Register.com's Representations and Warranties

    THE .BIZ SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in Section 2 of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, REGISTER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

  12. Suspension, Cancellation, Transfer or Modification

    You acknowledge and agree that register.com may suspend, cancel, transfer or modify your use of the .biz Services at any time, for any reason, in register.com's sole discretion. You also acknowledge and agree that register.com may suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by register.com, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity.

    You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) the SUDRP, (iii) the RDRP, (iv) any ICANN adopted policy, or (v) any registrar (including register.com) or NeuLevel procedures.

    You also agree that register.com shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as register.com receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

    Finally, you agree that register.com shall have the right in its sole discretion to cancel your domain name registration within thirty (30) calendar days of the creation date of that registration.

  13. Governing Law

    Except as otherwise set forth in the UDRP, the RDRP, or the SUDRP, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New York, as if the Agreement was a contract wholly entered into and wholly performed within the State of New York.

    Except as otherwise set forth in the UDRP, the RDRP, or the SURDP, any action to enforce this Agreement or any matter relating to your use of the register.com site shall be brought exclusively in the United States District Court for the Southern District of New York, or if there is no jurisdiction in such court, then in a state court in New York County. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where register.com's headquarters are located, currently New York, N.Y.

  14. Notices

    You agree that, unless other instructions are posted on the register.com's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for register.com posted on the register.com Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

  15. General

    You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as the IP Claim Service Terms of Use, the UDRP, the SUDRP, the RDRP, and any additional rules or policies that are or may be published by register.com from time to time. (Click here for the .IP Claim Service Terms of Use, click here for the UDRP, click here for the SUDRP, click here for the RDRP, and click here for a current list of additional rules and policies.) This Agreement, the IP Claim Service Terms of Use, the UDRP, the SUDRP, the RDRP, and any additional rules and policies that are published by register.com, together with all modifications thereto, constitute the complete and exclusive agreement between you and register.com concerning your use of the .biz Services, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of register.com.

    You agree and acknowledge that any acceptance of your application for the .biz Services and the performance thereof will occur at our offices in New York, New York, the location of our principal place of business.

    You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.

    Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

    The failure of register.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by register.com 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 shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Register.com will 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 register.com as reflected in the original provision.

    INFORMATION FOR CALIFORNIA RESIDENTS:


    Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information:

    Pricing Information. Current rates for using the .biz Services may be obtained by going to our Web site. Register.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time.

    Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.