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MICROSOFT HOSTED EXCHANGE END USER ADDENDUM

last updated December 22, 2010
for previous Services Agreements click here


BY ACCEPTING THIS MICROSOFT HOSTED EXCHANGE END USER ADDENDUM (HEREINAFTER REFERRED TO AS THE "ADDENDUM") AND USING THE REGISTER.COM ("COMPANY", "REGISTER.COM", "US", "WE" AND/OR "OUR") SERVICES (THE "SERVICES" AS FURTHER DEFINED HEREIN), YOU ("CUSTOMER", "YOU", AND/OR "YOUR") AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS ADDENDUM, ANY APPLICABLE SERVICE LEVEL AGREEMENT BETWEEN YOU AND COMPANY, COMPANY'S SERVICES AGREEMENT, COMPANY'S ACCEPTABLE USE POLICY, AND COMPANY'S NO SPAM POLICY (OR EMAIL TERMS OF USE AS THEY APPLY TO SPAM) (COLLECTIVELY, THE "AGREEMENT").

In the event of a conflict between the terms of this Addendum and the terms of the Services Agreement, or any other Company policy, the terms of this Addendum shall govern.

In accordance with the Agreement, you and Company agree to the following provisions:

  1. Provision of Services

    Company shall provide Microsoft Exchange Hosting Services (the "Services"), which include proprietary software products of Microsoft Corporation ("Microsoft") and of Intermedia.NET, Inc. ("Intermedia"), to you in accordance with the Service Level Agreement in exchange for your payment, your execution and compliance with this Agreement, and your compliance with Company's Services Agreement, Acceptable Use Policy and No-Spam Policy (or Email Terms of Use as they apply to Spam). Provisioning of the Services shall commence once Company has received both your payment for the Services and confirmation of your ordering of the Services. You warrant and represent that you shall use the Services only for lawful purposes.

  2. Agreement Term

    The initial term of this Agreement shall be from the date of your initial payment and order through the remainder of the initial billing period in which the Services were ordered. The term of this Agreement, after the initial Agreement term, shall be stipulated in the order process and subject to change by Regster.com, in its discretion, further in accordance with the Register.com Services Agreement.

  3. Automatic Renewal

    This Agreement shall renew automatically at the end of the prior Agreement term unless terminated either by you or by Company in accordance with its terms.

  4. Termination without Cause

    You may terminate this Agreement at any time, for any reason, by following the termination procedure located within the Account section of the Exchange Administrator Control Panel prior to the automatic renewal of this Agreement. COMPANY SHALL NOT REFUND AMOUNTS ALREADY BILLED FOR THE BILLING PERIOD IN WHICH YOU TERMINATE THE AGREEMENT. ALL CUSTOMER DATA AND ACCOUNT SETTINGS, INCLUDING, BUT NOT LIMITED TO, PUBLIC AND PRIVATE INFORMATION, AND STORED CONTENT, MAY BE IRREVOCABLY DELETED UPON ACCOUNT TERMINATION. PLEASE BE AWARE THAT WE CANNOT GUARANTEE THAT ANY ATTEMPTS TO MOVE SUCH DATA AND ACCOUNT SETTINGS TO ANOTHER PROVIDER WILL BE SUCCESSFUL. Without limiting its other rights and remedies as set forth in the Agreement, Company may terminate this Agreement at any time, for any reason, by:

    • providing notice of termination upon termination of Services pursuant to the terms of the Services Agreement; and
    • refunding or not charging your credit card account for the recurring charge for the term in which the Services are terminated.

  5. Termination for Cause

    YOU AGREE TO MAINTAIN AND KEEP CURRENT ALL CONTACT INFORMATION FOR YOUR ACCOUNT WHICH IS RELATED TO THE SERVICES. FAILURE TO MAINTAIN OR KEEP CURRENT ALL CONTACT INFORMATION SHALL BE A VALID GROUND FOR TERMINATION OF SERVICES BY COMPANY FOR CAUSE.

    IF COMPANY TERMINATES YOUR ACCOUNT FOR ANY VIOLATION OF THIS ADDENDUM, THE SERVICES AGREEMENT, ACCEPTABLE USE POLICY, COMPANY'S NO SPAM POLICY (OR EMAIL TERMS OF USE AS THEY APPLY TO SPAM), OR ANY OTHER APPLICABLE COMPANY RULE OR POLICY, COMPANY SHALL HAVE THE RIGHT TO TERMINATE YOUR SERVICES IMMEDIATELY, WITHOUT NOTICE TO YOU, AND NOT BE REQUIRED TO REFUND TO YOU ANY AMOUNTS BILLED TO YOU FOR THE BILLING PERIOD IN WHICH THE SERVICES ARE TERMINATED.

  6. Payment Terms

    You agree to be billed on a recurring basis in accordance with the billing frequency established by Company, whereby your credit card or other method expressly acceptable by Register.com shall be billed for all recurring and one-time charges, including late and termination charges, for the Services and any fees you owe to Company hereunder. Company shall not provide you with an invoice. You may view and print an invoice for your own account using the Exchange Administrator Control Panel where available.

  7. Taxes

    Company shall not be liable for any taxes and other governmental fees to be paid which are related to purchases made from you or from Company's server. You agree that you shall be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of the Services provided to you by Company.

  8. Compliance with Microsoft Terms and Conditions; Disclaimer of Warranties of Microsoft and/or Intermedia

    You (i) acknowledge that Company's ability to provide the Services is contingent upon your and Company's continued compliance with certain Microsoft Corporation ("Microsoft") terms and conditions and (ii) agree to the "Terms and Conditions Regarding Use of Microsoft Software", which is incorporated herein by reference. You further acknowledge that the support provided by Register.com and/or Intermedia in connection with the Services is not in any way provided by Microsoft and expressly disclaim, to the extent permitted by applicable law, all warranties by Intermedia and/or Microsoft for any damages, whether direct, indirect, or consequential, arising from the use of the Services.

  9. Materials and Products

    Any materials or data that you provide to Company in connection with the Services shall be in a condition that is in a form requiring no additional manipulation on the part of Company. Company shall make no effort to validate this material or data for content, correctness, or usability. If materials or data provided are not in this condition, this shall be considered a material breach of this Agreement.

    Company may, in its sole discretion, reject any materials or data that you have placed on servers related to the Services or that you request Company put on servers related to the Services. Company agrees to notify you of its refusal of the material or data and provide you with a reasonable opportunity to amend or modify the material or data to meet the requirements of Company. Your failure to immediately amend or modify the data or material as directed by Company shall be considered a material breach of this Agreement.

  10. Liability; No Warranty; Limitation of Damages

    YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. In addition to the other disclaimers of Company set forth in the Agreement, you also acknowledge that Company, its agents, affiliates, licensors or the like, make no representations or warranties, expressly or impliedly, that the Services shall be uninterrupted or error free; neither do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through the Services, unless otherwise expressly stated in this Agreement.

    In addition to the limitations of liability of Company as set forth in the Agreement, Company, its officers, agents, or anyone else involved in providing the Services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use the Services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to Company's records, programs, or the Services. Neither Company nor Intermedia shall exercise control over the content of the information used in connection with the Services except those controls expressly provided herein. Company makes no warranties or representations of any kind, express or implied, for the service it is providing. Company also disclaims any warranty of merchantability or fitness for a particular purpose and shall not be responsible for any damages that may be suffered by you, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or due to your errors or omissions. Use of any information obtained by way of Company is to be used at your own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through the Services. Company expressly limits its damages for any non-accessibility time or other downtime to the penalties listed in any applicable Service Level Agreement. Company expressly limits its responsibility for any damages arising as a consequence of such unavailability.

  11. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights

    Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to you. You agree that all right, title, and interest in all components of the Services belong to Company, Microsoft, Intermedia or other third parties. The Services are only for your use and may not be used by any other person or entity. You expressly warrant to Company that you have the right to use any patented, copyrighted, or trademarked material that you use, post, or otherwise transfer to servers used in connection with the Services. You agree that the Services, including software developed for the Services and third party applications provided for use with the Services, involve trade secrets and other valuable proprietary information belonging to Company, Microsoft, Intermedia or other third parties. You shall not (i) alter, or permit the alteration of the Services or any component thereof; (ii) copy, or permit the copying of the Services or any component thereof; (iii) knowingly take any action that jeopardizes any entity's proprietary rights in the Services; (iv) acquire or seek to acquire any ownership interest in or to the Services or any component thereof; (v) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services or any component thereof; (vi) remove, modify or obscure any copyright, trademark or other proprietary notices that appear during use of the Services, or on software related to the Services; or (vii) except as expressly contemplated by the scope of this Agreement, license, sell, transfer, lease, or disclose the Services. Failure to adhere to the foregoing shall result in a material breach and violation of the Agreement.

  12. Hardware, Equipment, and Software

    You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access the Services. Company makes no representations, warranties, or assurances that your equipment shall be compatible with the Services.

  13. Age

    You expressly represent and warrant that you have reached the age of eighteen years.

  14. Indemnification

    In addition to your indemnification obligations set forth in the Agreement, you agree that you shall defend, indemnify, save, and hold Company, Microsoft and/or Intermedia harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against Company, Microsoft and/or Intermedia, and their respective agents, servants, officers, and employees, that may arise out of or result from any Services provided or performed or agreed to be performed or any product sold by you, your agents, employees, or assigns.

    You further agree to defend, indemnify, and hold harmless Company, Microsoft and Intermedia against liabilities arising out of:

    • any breach or violation of the Agreement (including but not limited to this Addendum, the Services Agreement, the Acceptable Use Policy, the Email Terms of Use, etc.) by you;
    • any breach or violation of any Microsoft or Intermedia terms and conditions, rules or policies by you;
    • any injury to person or property caused by any products sold or otherwise distributed in connection with the Services provided to you;
    • any material supplied by you infringing or allegedly infringing on the property or proprietary rights of a third party (including, but not limited to, intangible and intellectual property rights);
    • any copyright infringement effectuated through your use of the Services; and
    • any defective product which you sold or distributed by means of the Services.

    You agree that the liability limit of Company, Microsoft and/or Intermedia, including any reasonable attorneys' fees and court costs, shall in no event be greater than the aggregate dollar amount which you paid during the term of this Agreement.