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SEO TERMS OF SERVICE
last amended July 12, 2010
for previous Services Agreements click here




This SEO Terms of Service Addendum is a legal agreement among you on the one hand, and Register.com and its third-party Service Provider ("Service Provider") on the other hand. The following terms and conditions (the "Terms of Use") govern your use of the search engine optimization website, and your purchase and use of various online tool and services, whether fee-based, usage based or free of charge namely, the SEO Essential, SEO Advanced, Monthly SEO Consulting, and Full Service SEO services. (collectively referred to herein as "SEO Services") provided by Register.com and its Service Provider. Please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use the SEO Services provided on the Register.com website. By using the Register.com web site or the SEO Services provided thereon, you agree to be, and are, bound by these Terms of Use, as well as any additional terms, including the Register.com Services Agreement, specific to the particular services for which you register. These Terms of Use may be updated from time to time, so please check back frequently. You acknowledge and agree that your continued use of the Register.com web site and the SEO Services after any such update signifies your acceptance of such modified Terms of Use.

  1. GENERAL PROVISIONS

    Except for other agreements, terms, or policies appearing on the Register.com web site, these Terms of Use, along with any other terms, conditions, and policies referenced herein, constitutes the entire agreement among the parties with respect to the Register.com web site and SEO Services. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF USE AND THE TERMS OF THE SERVICES AGREEMENT, THESE TERMS OF USE SHALL GOVERN You acknowledge and agree that your web site information (name, URL, etc.) may be utilized by Register.com and the Service Provider. Possible uses include (but are not limited to) lists of member sites, general promotional uses, etc. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be amended to achieve its intended effect as nearly as possible and will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or Register.com and the Service Provider's rights and remedies under these Terms of Use in any other way.

  2. PROPRIETARY RIGHTS TO CONTENT

    Register.com and its Service Provider retain all rights to their respective trademarks, logos and service marks (collectively, the "Marks") and nothing in these Terms of Use grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent. Unless expressly stated on the Register.com website, you should assume that all content, images, and materials appearing on this web site (collectively, the "Content") are the sole property of the originator and owner of the Content. Both U.S. and international copyright laws and treaties protect such Content. You may not use, reproduce, display, or sell any Content without the owner's prior written consent. You may not link to any page within the Register.com web site or frame any portion of the site without prior written consent.

  3. RIGHT OF REFUSAL

    Register.com and its Service Provider reserve the right, in its sole discretion, to refuse any registration or service activation request for any reason or no reason, and shall not be obligated to provide any service to you unless and until it has charged your credit card for the applicable fee.

  4. USE OF SERVICES/WEB SITE

    Register.com will provide you with the SEO Services for which you register, subject to the terms and conditions of these Terms of Use. You acknowledge that the SEO Services may be offered in various separately priced service levels or packages ("Program Plans"), and you will only receive the Program Plans that you have registered for, and for which you are paying all associated fees. Register.com reserves the right to modify, alter, change, suspend, remove, enhance, supplement, disable access to, terminate or discontinue all or any portion of the Register.com web site and/or SEO Services at any time in its sole discretion for any reason, without notice, cost or liability, provided that those modifications do not materially and adversely affect your rights or obligations under these Terms of Use. Neither Register.com nor its Service Provider will be liable to you or any third party as a result of such modification or discontinuation of the Register.com web site or SEO Services. The provisions of these Terms of Use will survive any termination of the SEO Services provided pursuant to these Terms of Use. You agree that from time to time the Register.com web site and/or SEO Services may be inaccessible, unavailable or inoperable for any reason without notice, cost or liability. You agree that Register.com and its Service Provider are not responsible for the functionality of the paid search services and that while Register.com and its Service Provider may submit changes to the paid search engines on your behalf, Register.com and its Service Provider cannot guarantee that the paid search engines will make those changes correctly or in a timely manner or that they will make the changes at all. You agree that Register.com and its Service Provider may place limitations and restrictions on the access and/or use of the paid search services including, but not limited to, the access of the service and the number of changes that may be made within the service. The limitations and restrictions may change without notice. You agree to be solely responsible for any authorized or unauthorized access to your account by any person, including, without limitation, any charges to your account by Register.com and/or directly with any cost per click or paid inclusion search engines. If any unauthorized access occurs then you agree that you must notify Register.com via phone and email immediately, and Register.com will suspend the account until a new password is in place.

  5. PAYMENT AND CANCELLATION OF SERVICES

    Completion and submission of any SEO registration authorizes Register.com to charge the credit card specified in your registration for all such fees corresponding to the selected SEO Service. Unless stated otherwise on Register.com's web pages applicable to a given SEO Service, each SEO Service will be provided and will automatically renew, monthly or yearly, depending upon the term selected by you when you signed up for the SEO Services). Your credit card will be charged in advance for the following applicable term's service. You agree to pay all account charges for paid search services in advance by a valid credit card acceptable to Register.com and expressly authorize Register.com or the applicable paid search engine to charge your credit card for any and all applicable account charges associated with your account whether these charges are the result of Register.com's actions, by Register.com on your behalf or by you. You agree to pay and be solely responsible and liable for all charges associated with any of the paid search engines or any other third party accounts, including, without limitation accounts with the paid search engines, whether opened directly by you or opened by Register.com on your behalf, arising out of your use or access of the services or otherwise. Neither Register.com nor its Service Provider shall have any responsibility or liability for any such charges, costs or liabilities. You will not make any claim to any paid search engine that you will not pay the charges to your account with the particular paid search engine as a result of the actions of Register.com or its Service Provider or for any other reason. Any failure to pay the amounts due under these Terms of Use will be a material breach of your obligations under these Terms of Use. Without limiting any other remedies available to Register.com, YOU AGREE TO FULLY REIMBURSE REGISTER.COM FOR ANY COSTS AND EXPENSES THAT REGISTER.COM MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS. At any time after activation of an SEO Service, either you or Register.com may cancel such service (or Register.com may discontinue such service completely) by providing written notice to the other party, in which case the relevant SEO Service will terminate on the date specified in the cancellation notice. If no date is specified, the SEO Service will terminate at the end of the then-current billing period (for paid SEO Services) or calendar month (for free SEO Services). Register.com also reserves the right to cancel any individual SEO Service immediately and without notice in the event that you breach any provision of these Terms of Use or any other terms that apply to the SEO Services.

  6. DISCLAIMER

    You acknowledge and agree that your use of the Register.com website and SEO Services is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the Register.com web site and all SEO Services offered under these Terms of Use are provided to you "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. REGISTER.COM AND ITS SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. REGISTER.COM AND ITS SERVICE PROVIDER MAKE NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE REGISTER.COM WEB SITE IS ACCURATE OR COMPLETE, OR THAT THE REGISTER.COM WEB SITE OR SEO SERVICES WILL BE AVAILABLE, OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, OR WILL BE SUITABLE FOR YOUR NEEDS OR INTENDED APPLICATIONS.

  7. LINKS

    The Register.com web site may contain links to other Internet web sites or resources. You acknowledge and agree that neither Regster.com nor its Service Provider are responsible or liable in any way for (i) the availability or accuracy of such web sites or resources, or (ii) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on our web site does not imply that Register.com or its Service Provider endorses any of the linked sites. You use the links at your own risk.

  8. REGISTRATION AND ACCOUNT USE

    1. You agree that any information you provide to Register.com in connection with your SEO Services registration and other forms will be true, accurate, current and complete and you have the authority to provide such information. In particular, you agree not to misrepresent your identity to Register.com. You will notify Register.com of any changes to your registration data during the term of these Terms of Use and submit updated information within fifteen (15) days of any such changes;

    2. If you become a registered user of our site or services, you will receive a password for accessing your account information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. Neither Register.com nor its Service Provider will be liable for any loss that you may incur as a result of any third party's use of your password or account, either with or without your knowledge. You may not use anyone else's password at any time.

    3. By submitting any information to Register.com, you grant Register.com the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy notice, which notice is set forth on our site.

    4. None of the URLs you submit to Register.com link to any web page or site that contains any:

      1. nudity, pornography, or other sexual or adult material;
      2. hate propaganda or material that encourages or promotes illegal activity or violence;
      3. content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights;
      4. material that promotes or utilizes software or services designed to deliver unsolicited email;
      5. material that violates any local, state, or national law or regulation;
      6. misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; or
      7. other material that Register.com, in its sole discretion, deems inappropriate, including any violations of standards posted on the Register.com web site or sent to you by email;


    5. You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Register.com web site and SEO services, to any third party without Register.com's written consent;

    6. You will comply with all local, state, and federal laws and regulations governing your actions under these Terms of Use; and

    7. You hereby authorize Register.com and its Service Provider to perform all services hereunder on your behalf with each applicable paid search engine, including, without limitation, the opening of or changes to your accounts with each applicable paid search engine. Upon request by Register.com, you shall immediately provide a written statement in a form acceptable to Register.com and any applicable paid search engine confirming Register.com and the Service Provider's authority listed within these Terms of Use. Without limiting its other remedies, Register.com may refuse or cancel your account or SEO Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (d) above, Register.com and its Service Provider reserve the right to monitor the content of the web pages or sites that correspond to the URLs you submit to the SEO Services.


  9. LIMITATION OF LIABILITY

    If you do not agree with our Terms of Use or if you are not satisfied with our web site or any of the services, your sole remedy is to discontinue your use of the web site and services. NEITHER REGISTER.COM NOR ITS SERVICE PROVIDER WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, CHANGES TO, INACCESSIBILITY OR INABILITY TO USE THE REGISTER.COM WEB SITE OR SERVICES, THE SEO SOFTWARE, ANY DATA, OR PAID SEARCH ENGINE WEB SITE OR INTERFACE; OR THE UNAUTHORIZED ACCESS TO, FAILURE, DELAY OR ALTERATION OF ANY DATA OR TRANSMISSION; ANY DATA STORED, SENT OR RECEIVED OR NOT STORED,SENT OR RECEIVED; ANY AGREEMENT OR TRANSACTION ENTERED INTO AS A RESULT OF YOUR USE OF THE WEB SITEOR SEO SERVICES OR THROUGH THE REGISTER.COM WEB SITES AND SERVICES; ANY DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITES OR SERVICES WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REGISTER.COM OR ITS SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. IN NO EVENT SHALL REGISTER.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE 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. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF THE REGISTER.COM WEB SITE AND SEO SERVICES. Without limiting the foregoing, neither Register.com nor the Service Provider is responsible for any of your data residing on their respective hardware. You are responsible for backing-up your data and information that may reside on Register.com or the Service Provider's hardware, whether or not such information is produced through the use of the Register.com web site or services.

  10. INDEMITY

    You agree to defend, indemnify, and hold harmless Register.com and the Service Provider, their officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Register.com website and services, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.