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Register.com Corporate Services Standard Terms and Conditions

These Corporate Services Standard Terms and Conditions ("Agreement") describe the terms under which Register.com, Inc. ("Register.com" or "Us") will provide the Services to our corporate services customer ("Customer" or "You").

Services.

Register.com, as an accredited registrar of generic Top-Level Domain Names .com, .net and .org and such other generic Top-Level Domain Names as may become available for registration by Register.com from time to time ("gTLDs") and as a registrar of various country code Top-Level Domain Names ("ccTLDs"), agrees to provide domain name registration services, brand protection services, consulting services and other Internet services as set forth on the Order Form (the "Services") on the terms and conditions set forth herein. Register.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN"). ICANN (www.icann.org) oversees the .com, .net, .org, .biz, and .info gTLDs and certain other gTLDs that may be introduced from time to time. Register.com accepts applications to register and renew domain names within certain gTLDs in both roman alphabet and non-roman alphabet character sets and may accept applications for other gTLDs that are made available from time to time. As an accredited domain name registrar, Register.com is, upon accepting a domain name registration application from You, your sponsor for that application. All domain name registrations we register or renew are not effective until we have delivered the domain name registration information You provide Us to the appropriate registry administrator, as applicable, and the registry administrator puts into effect your domain name registration. Register.com also registers, administers and renews various country code top-level domains (ccTLDs). The registry administrator varies by individual ccTLD and by gTLD. By agreeing to the terms and conditions set forth in this Agreement, You are also agreeing to be bound by the required rules and regulations set forth by these registry administrators for their respective registries only.

You acknowledge and agree that Register.com cannot guarantee that You will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since Register.com cannot know with certainty whether or not an application for a domain name which You are seeking is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or related databases, including the WHOIS databases. Additionally, certain registry administrators process registrations manually and not in "real time," and therefore Register.com cannot guarantee how long such registration or renewal will take. Therefore, You agree Register.com is not liable or responsible to You or any third party in any way (a) if any domain names are indicated by Register.com as available but are not successfully secured for You, or (b) for any errors, omissions or any other actions by any registry administrator arising out of or related to Your application for and registration of, renewal of, or failure to register or renew a particular domain name. You further agree, as required by ICANN, to indemnify, defend and hold harmless the registry administrator 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 registrations. This indemnification obligation shall survive the termination or expiration of this Agreement.

Fees and Payment Terms.

As consideration for the Services, You agree to pay Register.com the amounts set forth on the Order Form. Registration fees are due in advance and are payable by certified check, wire transfer or credit card, as selected by Register.com in its sole discretion; provided however that, for those Customers who have completed and submitted Schedule 5 and who have been determined credit-worthy by Register.com in its sole discretion, Register.com will invoice Customer for the domain name registrations or renewals, which invoice shall be paid within thirty (30) days of delivery to such Customer. As required by ICANN, your requested domain name will not be registered unless we receive actual payment, or reasonable assurance of payment, of the registration fee. For all Customers, 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 domain names, You acknowledge and agree that the registration for such domain name(s) shall be transferred to Register.com as the entity that has paid the fee for such services, and that we reserve all rights regarding such domain name(s) including, without limitation, the right to make the domain name(s) available to other parties for purchase. We will reinstate any such service solely at our discretion, and subject to our receipt of the applicable unpaid fees and our then-current reinstatement fee, currently set at $200. As required by ICANN, all registration and renewal fees are non-refundable, in whole or in part, even 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, in its sole discretion; provided, that, Register.com will use commercially reasonable efforts to advise You of any changes or new fees as soon as practicable following the effectiveness of such changes or new fees.

Renewals.

The administrative contact for your domain name(s) will be notified at least thirty (30) days before a domain name registration expires and a renewal fee is due. You agree to provide notice to Register.com, prior to the 5th day preceding the scheduled expiration of each domain name registered, setting forth the domain names that You have elected for deletion by Register.com ("Deletion List"). Register.com shall renew all other domain names registered by Customer that are not contained in the Deletion List on or about the scheduled expiration of that domain name. Your gTLDs will be automatically renewed for a one-year registration term, and your ccTLDs will be automatically renewed for a two-year registration term (whenever permissible by the applicable registry administrator). In the event, Register.com is not accepting renewals for a particular ccTLD, You will be notified accordingly. You agree to pay Register.com for each domain name renewed by Register.com hereunder in accordance with Section 2.

Transfer of Registrar/Registrant.

Register.com will consider the entity named as the administrative contact for a domain name at the time the controlling user name and password are secured as the registrant of that domain name. You agree that prior to the effectiveness of any transfer of registrar to Regster.com or transfer of registrant to another entity, You will pay Register.com the then-current fee set forth by Register.com for the transfer of registrar or registrant. You further agree that as a condition of any such transfer of registrant of your domain name, as required by ICANN, the entity to which You seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Agreement. Any transfer in violation of this Section will be null and void.

Dispute Policy.

In the event of any dispute with respect to a domain name, You agree to be bound by the Register.com Domain Name Dispute Policy, as it is in effect at the time of such dispute ("Dispute Policy"). The Dispute Policy is hereby incorporated and made a part of this Agreement by reference for all purposes. The Dispute Policy can be found at the Register.com web site.

Changes to Registration Agreement and Dispute Policy.

You acknowledge that 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 and the Dispute Policy if necessary to comply with its ICANN Accreditation Agreement ("Accreditation Agreement"), and any other similar ICANN (or its successor) agreements that Register.com is currently bound by or is bound by in the future. Register.com will use commercially reasonable efforts to notify You of any material changes to this Agreement and the Dispute Policy as soon as practicable following the effectiveness of such changes.

Name Console.

Upon Customer's request, Register.com shall make its domain name registration, management and renewal services for gTLDs and certain ccTLDs available to Customer on a password-protected, co-branded, corporate registration portal ("Name Console") which shall be created, hosted and maintained by Register.com. Customer shall have access to Name Console and shall provide access only to those employees and representatives of Customer that are authorized by Customer as set forth below ("Authorized Users"). Register.com shall initially provide Customer with a master username and password. Using the Portal Manager function of Name Console, the Customer master user will then have the ability to create and maintain a list of additional Authorized Users, each of whom will be assigned a different username and password and may be assigned different access levels. Only Authorized Users shall have access to Name Console. Customer shall be responsible for all access to Name Console by Customer's employees, agents, representatives, or any other parties, other than Register.com, who are given access by Customer to Name Console and Customer shall be responsible for any actions taken by any of the foregoing on the Name Console. Customer shall require that the Authorized Users not share passwords with any parties including other Authorized Users. This Agreement shall govern the Name Console services whether obtained through Name Console or directly through the Register.com Corporate Services division.

Multi-Lingual Domain Names.

A non-roman alphabet character sets domain name and the encoding schemes, protocols and other technologies that enable MLDs to function on the Internet, are currently experimental and have not necessarily been approved by the International Corporation for Assigned Names and Numbers (ICANN) or any Internet standard-setting bodies, including without limitation the Internet Engineering Task Force (IETF), the Multilingual Internet Names Consortium, and the Internet Architecture Board. MLD registrations are currently available as part of a test bed being conducted by the central registry for .com, .net and .org top level domains. At this time You acknowledge and agree that MLDs are not functional and it is not known if and when they will be functional. You acknowledge and agree that Register.com cannot guarantee that its non-roman alphabet language registration service will be error-free, in that register.com cannot know with certainty whether or not the non-roman alphabet language domain name You are seeking to register or renew will be translated properly by the Internationalized Domain Name System. Furthermore, You acknowledge that Register.com or the registry administrator may be required to suspend, modify or cancel your non-roman alphabet language registration in order to comply with new ICANN or IETF rules, regulations or standards, or rules or requirements of the registration administrator that apply to such registrations.

Domain Lockdown Service.

Customer shall have the right to request that any of the .com, .net and .org domain name registrations for which Customer is the registrant and Register.com is the registrar be "locked-down" or "unlocked" by completing the Locking Service Request. Subject to the terms hereof, when a domain name registration is "locked down", it cannot be transferred from one registrar to another, the name server(s) for the domain name registration cannot be changed and the domain name registration cannot be deleted by the registry.

If a Locking Service Request is received by the Register.com Contact before 5:00 p.m. (eastern standard time) on any business day of any week (the "Locking Service Request Deadline"), Register.com shall use reasonable commercials efforts to cause the locking down or unlocking of Customer's domain name registration within forty eight (48) business hours of the Locking Service Request Deadline. Locking Service Requests received after the Lock Down Request Deadline shall be batched with the Lock Down Requests received during the following business day. Customer understands that Register.com has the right, but not the obligation, to confirm receipt of Locking Service Requests and verify the identity of an Authorized Individual. Register.com will use reasonable efforts to confirm to Customer that the it has locked down or unlocked the domain name registrations on the Locking Service Request. If Customer requests that a domain name registration be locked down, Register.com will not unlock a domain name registration for so long as Register.com is the registrar for the domain name registration, unless the domain name registration is requested to be unlocked by Customer or as otherwise provided pursuant to the provisions of this Agreement.

If Customer elects to renew a domain name registration through Register.com, Customer hereby authorizes Register.com to unlock the domain name registration for a period of up to 72 hours, for the purposes of renewing the domain name registration. If Customer wishes to transfer a domain name registration to a third party, it understands and agrees that such transfer cannot be effected until such time as the Register.com Contact has received a Locking Service Request requesting the domain name registration to be unlocked and received confirmation that the domain name registration has been unlocked. If Customer is in breach of this Agreement, including without limitation, failing to make payment in accordance with the terms of this Agreement, Register.com shall have the right to unlock the domain name registration without notice to Customer and shall have no liability to Customer for having unlocked such domain name registration.

Domain Masking Service.

Customer shall have the right to "mask" and "unmask" any of the .com, .net and .org domain name registrations for which Customer is the registrant and Register.com is the registrar. Subject to the terms hereof, when a domain name registration is "masked," Register.com shall appear as the registrant in the WHOIS record. To unmask one of its domain names, Customer shall send an email requesting such unmasking to the Register.com account manager assigned to Customer from time to time. When a domain name is "unmasked" by Register.com at Customer's request, the domain name registration will be transferred to Customer and the WHOIS record will reflect Customer's WHOIS information. All masking and unmasking requests shall take approximately forty-eight hours to implement.

Customer acknowledges and agrees that Register.com shall be the registrant of any domain name registrations during the period that such domain name registrations are masked hereunder. Except as specifically provided herein, Register.com shall only perform such acts as registrant of the masked domain name registrations that are authorized by Customer and such authorization is verified by Register.com. If Customer elects to renew a domain name registration through Register.com, Register.com shall have the right to unmask the domain name registration for a period of up to 10 business days for the purposes of enabling Customer to renew the domain name registration. If Customer wishes to transfer a domain name registration to a third party, it understands and agrees that such transfer cannot be effected until such time as the domain name registration is unmasked, at Customer's expense. Customer acknowledges that Register.com may, upon two days prior notice to Customer by e-mail, unilaterally unmask a domain name registration to comply with Register.com's third party obligations (including, without limitation, any ICANN obligations or requirements) or if Register.com becomes aware of any disputes with respect to a domain name registration or its masking. Customer agrees to defend, indemnify and hold Register.com harmless from and against any claims, actions, disputes, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with the domain name registration and its masking. If Customer is in breach of the Agreement, including without limitation, failing to make payment in accordance with the terms of this Agreement, Register.com shall have the right upon seven days prior notice to Customer by email to unmask the domain name registration and shall have no liability to Customer for having unmasked such domain name registration.

Audit Services.

The Internet Audit, Web Audit, and Domain Audit services (the "Audit Services") are provided to You for information purposes only. The information provided to You may not be complete or exhaustive and should not be relied upon. Register.com disclaims any warranties that the information provided to you is accurate, current, error-free, or complete. In addition, the results of the Audit Services do not constitute legal advice and should not be used as a substitute for legal or other professional advice.

Additional Terms for .biz, .info, .name and Other New TLDs.

You acknowledge and agree that ICANN may approve and Register.com may offer for registration new gTLDs from time to time. You further acknowledge and agree that your registration of domain names in such new gTLDs may require your agreement to additional terms and conditions mandated by the registry administrators for such new gTLDs. By submitting an application to register a domain name registration in such new gTLDs You hereby agree to the terms and conditions required by such registry administrator.

Domain Name Registration Information and Its Use.


Information You Are Required to Submit.

You hereby agree and acknowledge that, as part of the registration process and as required by ICANN, You are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.

The information You are obligated to provide and keep current in connection with the domain name You are registering will be set forth in the domain name registration application. You agree and acknowledge that when You renew your domain name registration, the type of information You are required to provide may have changed. If You do not wish to provide the new required information, your registration may not be renewed.

Additional Information Maintained About Your Registration.

In addition to the information You provide, we maintain records relating to your domain name registration, as required or permitted by ICANN. These records may include: (i) the original creation date of the registration; (ii) the submission date and time, and the contents, of the registration application (including any updates) to Us and by Us to the proper registry; (iii) communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between You and Us; (iv) records of account for your domain name registration, including dates and amounts of all payments and refunds; (v) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (vi) the corresponding names of those nameservers; (vii) the name and postal address of the domain name holder; (viii) the name, postal address, e-mail address, voice telephone number, and where available, fax number for each of the technical contact, billing contact, administrative contact and zone contact for the domain name; (ix) the expiration date of the registration; (x) our name as registrar of the domain name; and (xi) information regarding all other activity between You and Us regarding your domain name registration and related services.

Obligations Relating to Provided Data.

In the event that, in registering the domain name, You are providing information about a third party, or license your domain name registration to a third party, You hereby represent 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 that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further 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 registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. The terms of this paragraph are required by ICANN.

Disclosure and Use of Registration Information.

You agree and acknowledge that Register.com will make available domain name registration information You provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require. You further agree and acknowledge that Register.com may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information You provide, for purposes of inspection (such as through our WHOIS service) and other purposes as required by ICANN and applicable laws. Additionally, You acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Register.com may or must make available to the public or to private entities, and the manner in which such information is made available. 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, 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.

Ownership of Data.

Register.com does not have any ownership interest in your specific personal information outside of its rights in our customer database. You agree and acknowledge that Register.com owns all database, compilation, collective and similar rights, title and interests worldwide in our customer database, and all information and derivative works generated from the customer database. You further agree and acknowledge that we have a worldwide, non-exclusive, royalty-free right to use the following information for those registrations for which we are the registrar, including, without limitation: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers.

Use of Marks and Ownership.

In the event Customer elects to use Name Console, Customer hereby grants to Register.com a limited, non-exclusive, revocable, non-transferable right during the Term to use, display, transmit, distribute and reproduce the Customer graphical logo and trademark(s) on Name Console ("Customer IP"). Customer acknowledges that, as between Register.com and Customer, Register.com owns all right, title and interest in the Register.com graphical logo and trademark(s), in all components of the Register.com Web site(s), the Register.com domain names and in all components of Name Console (collectively, the "Register.com IP"), other than Customer IP contained thereon.

Breach and Revocation.

Register.com reserves the right to suspend, cancel, transfer or modify any of the Services hereunder in the event (a) You materially breach this Agreement and do not cure such breach within twenty (20) days of notice by Register.com, (b) You use your domain name in connection with unlawful activity, or (c) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Register.com) or registry administrator procedures not inconsistent with an ICANN-adopted policy, or by any other ccTLD registry administrator procedures as the case may be, (X) to correct mistakes by Register.com, another registrar or the registry administrator in administering the name or (Y) for the resolution of disputes concerning the domain name. You also agree that Register.com shall have the right to suspend, cancel, transfer or otherwise modify any of the Services hereunder at such time as Register.com receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification such Services.

Agents and Licenses.

You agree that, if You are registering a domain name 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 Dispute Policy. As required by ICANN, You agree that if You license the use of the domain name registered to You 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.

Representations and Warranties.

Each party represents to the other party that it has the right to enter into this Agreement and that its entry into this Agreement will not violate its obligations to any third party. By applying to register a domain name, or by asking Us to maintain or renew a domain name registration, You hereby represent and warrant to Us that (a) the statements that You made in connection with such registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) You are not registering or using the domain name for an unlawful purpose or in violation of any applicable laws or regulations. 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. You further represent and warrant that all information provided by You in connection with your domain name registration is accurate and current. EXCEPT AS SET FORTH HEREIN, ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION 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.

Indemnification and Settlement.

Each party (the "indemnifying party") shall, at its own expense, indemnify, defend and hold the other party and its directors, officers, employees, representatives, subsidiaries and affiliates (the "indemnified party"), harmless against any third party claims, suits, actions or proceedings based on or arising from a breach of the indemnifying party's representations or warranties hereunder. Neither party shall, without written consent of the other party, settle, compromise, or consent to the entry of any judgment with respect to any pending or threatened claim unless the settlement, compromise or consent provides for and includes an express, unconditional release of all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, against the indemnified party.

Limitation of Liability.

YOU AGREE THAT REGISTER.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF THE SERVICES, INLCUDING WITHOUT LIMITATION, YOUR DOMAIN NAME REGISTRATION, (b) YOUR USE OF THE 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 RENEWAL, THE TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME TO REGISTER.COM 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, 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 REGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTER.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE LESSER OF (I) ALL AMOUNTS PAID TO REGISTER.COM UNDER THIS AGREEMENT AND (II) FIVE THOUSAND DOLLARS (US $5,000.00). 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.

Term.

The term of the Services provided hereunder shall commence as of the Effective Date and shall continue in effect until either party terminates the Services for any or no reason upon thirty (30) days written notice to the other party.

Governing Law.

Except as otherwise set forth in the Dispute Policy with respect to disputes, 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 Dispute Policy with respect to disputes, 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 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 City, N.Y.

General.

Any notice required to be given hereunder shall be given in writing and delivered personally, sent by certified mail, return receipt requested, by email or by Federal Express or other recognized overnight delivery service to each of the parties at their respective addresses herein above set forth or at such other addresses as any party may hereafter notify the other of in such manner. Any notices sent by certified mail shall be deemed given on the day such notice is received.

Neither party may assign this Agreement, or any of its rights, interests or obligations without the prior written approval of the other party, which approval shall not be unreasonably withheld, provided, however, that each party may assign all of its rights and obligations hereunder to an entity that agrees in writing to be bound to the terms of this Agreement in connection with a merger, acquisition or sale of all or substantially all of such party's assets. All of the terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. In the event of termination of this Agreement, all terms which by their nature should survive termination shall survive such termination including, but not limited to, Sections 1 (What We Do), 13 (Domain Name Registration Information and Its Use), 14 (Ownership of Data), 19 (Indemnification), 20 (Limitation of Liability), 21 (Governing Law) and 23 (General) herein. 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 either party to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party 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. The Order Form, this Agreement and the Dispute Policy, together with all modifications, as well as applicable ICANN requirements and policies, constitute the complete and exclusive agreement between You and Register.com concerning your use of Register.com's services, and supersede and govern all prior proposals, agreements, or other communications. In the event of any conflicts between the terms of this Agreement, the Order Form, or the Dispute Policy, the controlling provision shall be determined according to the following order of descending priority: the Dispute Policy (with respect to disputes), the Agreement, the Order Form. 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.

INFORMATION FOR CALIFORNIA RESIDENTS:

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