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REGISTER.COM MASTER SERVICES AGREEMENT
last amended March 24, 2014
for previous Services Agreements click here

THIS SERVICES AGREEMENT, as amended by Register.com, its parents, subsidiaries, affiliates, successors and assigns (hereinafter referred to collectively as "Register.com", "us", "we" and/or "our"), from time to time (hereinafter referred to as the "Agreement" and/or "Terms and Conditions"), between you ("Customer", "you" and/or "your") and Register.com, sets forth the terms and conditions applicable to your purchase and/or use of our products and services (the "Services") as further set forth herein. You and Register.com together may be referred to herein as the "Parties" and either alone may be referred to as a "Party".

This Agreement explains our obligations to you, and your obligations to us in relation to the Services. When you or someone else you have permitted, uses, modifies or cancels the Services on your behalf (even if we were not notified of such authorization), or requests or purchases additional services under your account, this Agreement covers any such service or actions.

You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as all other applicable Register.com Services Agreements, which are incorporated herein by reference, including but not limited to, the Web Site Hosting Services Addendum, Email Terms of Use, Data Backup Terms of Use, Hosted Exchange End User Agreement, Private Domain Registration Services Addendum, Privacy Notice, Copyright Policy, Digital Content License, Build A Site For Me: Custom Services Addendum, eCommerce Services Addendum, Acceptable Use Policy, Buyer's Club Addendum, and any additional rules or policies or services agreements that are or may be established by Register.com from time to time. Sections 21 through 41 apply to any and all services provided by Register.com. Sections 1 through 20 apply to customers who have requested or obtained the specific Services referenced in those Sections. You may also elect to purchase additional Services from Register.com.com, our partners and/or other third parties, which may have their own service agreements or other related terms and conditions, and it is your obligation to review, accept and abide by those agreements as well as this Agreement.

YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHTS IN A DOMAIN NAME ARE NOT EXCLUSIVE, AND ARE ONLY COMPRISED OF THOSE RIGHTS CONVEYED TO YOU IN THIS AGREEMENT, AND SUBJECT TO THE LIMITATIONS STATED HEREIN.

Table of Contents

  1. Domain Name Registration and Administration
  2. Web Site Forwarding
  3. Web Site Hosting
  4. SSL Certificates
  5. Electronic Mail
  6. Fax To Email Services
  7. Hosted Exchange
  8. Private Domain Registration
  9. Search Engine Optimization Services
  10. Guaranteed Clicks
  11. Data Backup
  12. Build A Site For Me: Custom
  13. eWorks! XL
  14. Online Marketing
  15. Facebook Page Development and Management
  16. Mobile Websites
  17. ReputationAlert
  18. MyTime Support
  19. TRUSTe
  20. New gTLD Pre-Registration, Sunrise, Landrush & General Availability Services
  21. WebLock
  22. Take-a-Payment
  23. Fees, Payment; Renewals (including automatic renewal)
  24. Customer Representations and Warranties
  25. Reservation of Rights
  26. User Name and Password; Account Manager
  27. Security
  28. Changes to this Agreement or to Additional Rules or Policies
  29. Information and Its Use
  30. Ownership of Data
  31. Transfers; Agents and Licenses
  32. System Performance Degradation
  33. Limitation of Liability
  34. Indemnification
  35. Disclaimer of Warranties
  36. Suspension, Cancellation, Transfer or Modification of Services
  37. Governing Law & Jurisdiction
  38. Entire Agreement; Section Headings
  39. Notices
  40. Conflicts with Other Agreements
  41. Force Majeure
  42. Prohibited Transactions
  43. General


  1. Domain Name Registration, Administration and Renewal Services

    1. Generic Top Level Domain Registrations

      Register.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for various generic top-level domain names, including but not limited to, .com, .net, .org, .biz, .info, .name and .pro ("gTLDs") and various sponsored top-level domain names ("sTLDs"). Register.com also may, in its sole discretion, accept applications to register and renew certain gTLD and sTLD names in non-roman alphabet languages (e.g., Japanese, Chinese, and Korean).

      You acknowledge and agree that your rights to any domain name registered or renewed by Register.com on your behalf or otherwise used in conjunction with the Services are not being granted by Register.com but are subject to the rules and regulations of the Internet Corporation for Assigned Names and Numbers ("ICANN"), the related registry and applicable law. As such, in addition to this Agreement, you agree to also abide by any and all terms and conditions promulgated by ICANN, as amended from time to time, which are hereby incorporated and made a part of this Agreement by reference, for all domain name registrations or renewals, including but not limited to, the Uniform Domain Name Dispute Resolution Policy ("UDRP"), as well as any policy that ICANN has established or may establish with respect to Domain Names and/or WHOIS information. Additional ICANN materials as well as your rights and responsibilities as a domain name registrant under the ICANN Registrar Accreditation Agreement can be found at http://www.icann.org/en/resources/registrars/registrant-rights

      Additional terms and conditions applying to the registration, administration and renewal of gTLDs and sTLDs can be accessed by clicking here.

    2. Country Code Top Level Domain Registration and Administration

      In addition to registering and renewing gTLD and sTLD domain name registrations, Register.com may register and renew various country code top-level domains ("ccTLDs"). The registry administrator for each ccTLD varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by these registry administrators for their respective registries only. (Click here for the terms and conditions of each available ccTLD). Register.com may, in its sole discretion, elect to discontinue offering registrations or renewals of some or all ccTLDs.

    3. Premium Domain Names

      Our Premium Domain Name Service offers for sale domain names that may be registered to third parties (also known as aftermarket or secondary market domain names) in a variety of tlds (such as .com, .net, .org, .biz and .info tld's). All Premium Domain Name registrations are offered on a "first come, first served" basis. After you complete the Premium Domain Name registration application, including payment of the purchase price, we will initiate the transfer of the Premium Domain Name to your Register.com account. At the time of transfer of the Premium Domain Name into your account, we will add one (1) year to the existing registration period. Any subsequent renewals of the Premium Domain Name will be charged at the then-current renewal fee.

      You acknowledge and agree that once you have completed your Premium Domain Name registration application, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the Premium Domain Name. All Premium Domain Name sales and registrations are final and non-refundable. When selling Premium Domain Names registered to third parties, we make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the Premium Domain Name or complete the transaction.

      In addition, you acknowledge and agree that we reserve the right to reject or cancel your Premium Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your Premium Domain Name registration is rejected or cancelled, for any reason, we will refund in full the amount of the purchase price for the Premium Domain Name as your sole remedy hereunder.

      Once the Premium Domain Name is transferred into your Register.com account, you agree that Premium Domain Name may not be transferred away from Register.com to another registrar during the first sixty (60) days following the transfer, during which time the Premium Domain Name may be placed on transfer lock.

    4. No Guarantee of Registration or Renewal

      As a domain name registrar, upon accepting your application to register or renew a domain name, Register.com is your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate registry administrator, as applicable, and that registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful.

      You acknowledge and agree that Register.com does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that 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 or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that Register.com is not responsible for any inaccuracies or errors in the domain name registration or renewal process.

      YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You further acknowledge and agree that Register.com may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited, improper, unavailable, infringing or questionable 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 any third party including 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.

    5. Expiration and Renewal

      Prior to expiration of a domain name registration Register.com will send renewal notifications with instructions for renewal via email to the registrant via the primary contact in the registrant's account. You agree that Register.com may, but is not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. If the domain name registration is not renewed prior to expiration a notification will be sent via email to the registrant via the primary contact shortly following expiration providing notice that the domain name has expired and providing instructions for renewal for an additional fee.

      In addition, you agree that following the expiration of a domain name registration, Register.com may elect to direct the domain name to an IP address designated by Register.com that states the domain name registration has expired with instructions for renewal for an additional fee and/or further direct the domain name to an IP address designated by Register.com which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, Register.com's Website, Register.com's product and service offerings, third-party Websites, third-party product and service offerings, and/or Internet search engines, as well as advertise the sale or auction of the expired domain name. Additionally, you agree that we may modify the contact information in the WHOIS record for the expired domain name registration to include Register.com's contact information or that of a third party.

      Should you not renew the domain name during any applicable grace period, you agree that unless you notify us to the contrary Register.com may, in its sole discretion, renew and transfer the domain name to Register.com or a third party on your behalf (such a transaction is hereinafter referred to as a "Direct Transfer"), and your failure to so notify us after the domain name expiration date shall constitute your consent to such a Direct Transfer. In the event Register.com is able to identify such a third party (the "Direct Transfer Customer") and effectuate such a Direct Transfer, Register.com may notify you via email after the transaction is completed ("Direct Transfer Notification"). You acknowledge and agree that the Direct Transfer process may be facilitated through a single Direct Transfer Customer, or through a brief auction involving multiple parties who are interested in the domain name. You agree that Register.com shall have no obligation to pay you, and you shall have no right to receive, proceeds, if any, in connection with the Direct Transfer process. Register.com cannot guarantee, and makes no representation or promise, that any Direct Transfer will occur with respect to any particular domain name. You also agree that in the event your domain name services are terminated pursuant to this Agreement, Register.com may transfer your domain name registration to Register.com or a third party, without any liability to you or obligation to compensate you in connection therewith. For reference, the current Register.com gTLD domain renewal fee is Thirty-Eight Dollars ($38.00) for one (1) year, although this amount may be less pursuant to a promotion, bundled service offering or other discount, while the current reinstatement fee is Twenty-Five Dollars ($25.00) plus the related renewal fee, and the current redemption fee is One Hundred and Twenty Dollars ($120.00) plus the related renewal fee. You acknowledge and agree that the foregoing fees are subject to change at any time at the sole discretion of Register.com.

    6. Your Representations

      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 (i) the statements that you make in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (ii) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (iii) you are not registering the domain name for an unlawful purpose; and (iv) you will not use the domain name in violation of any applicable laws or regulations or Register.com's rules or policies including, but not limited to, Register.com's Acceptable Use Policy. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use 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.

    7. Domain Name Registrant

      When registering a domain name with us, you will be asked to designate a registrant for the domain name. The registrant of a domain name possesses all rights granted by Register.com under this Agreement to act with respect to that domain name and any other services obtained from Register.com for use therewith. These rights include, but are not limited to, the authority to terminate, transfer (where permitted by the Agreement) or modify such services, or obtain additional services.

      IF A REGISTRANT TRANSFERS A DOMAIN NAME TO ANOTHER REGISTRAR OR TO A NEW REGISTRANT, THE REGISTER.COM SERVICES ASSOCIATED WITH THAT DOMAIN NAME MAY TERMINATE FOLLOWING SUCH TRANSFER.

    8. Administrative Contact

      During the registration process or thereafter, you must also designate an administrative contact. The administrative contact may be the same person or entity as the registrant, or may be different. The registrant may delegate certain of its rights to the administrative contact, including managing the domain name, purchasing additional services and/or transferring the domain name registration to a different registrar where allowable hereunder. The registrant is responsible for all actions or omissions of the administrative contact.

    9. Coming Soon Web Page

      All domain names registered through Register.com are pointed to a "Coming Soon" Web page, which informs visitors that the registrant has recently registered their domain name via Register.com. The Coming Soon Web page may be modified at any time by Register.com without prior notice to you and may include, but are not limited to, (i) links to additional products and services offered by Register.com, (ii) advertisements for products and services offered by third-parties, and/or (iii) an Internet search engine interface. To see a sample Coming Soon Web page, please click here. If for any reason you do not wish to have the domain name you have registered pointed to a Coming Soon Web page, please notify our Customer Support team by clicking here, or use Register.com's account manager utility to disable the Coming Soon Page. You may access Register.com's account manager utility by clicking here.

    10. Transfer Lock

      You acknowledge and agree that Register.com, at our sole discretion and for any reason, may place and/or keep your domain name on transfer lock, which helps to prevent unauthorized transfers. We will attempt to provide you with notice of the activation of transfer lock for the domain names in your account by email or through the domain name registration process. When a name is in a "locked" status, it cannot be transferred to another registrar, even if the transfer is initiated by you. If you would like to transfer your name to another registrar while it is on "locked" status, you must first unlock your domain name by accessing your account manager or contacting customer service. Locking does not interfere with your ability to make DNS and contact changes to your domain name. You can check, and make changes to, your domain name's lock status in account manager. (access account manager by clicking here) Locking is available for some, but not all, TLDs. To find out which TLDs offer locking, please click here.

    11. Provisions for Non-Roman Alphabet Names

      You acknowledge and agree that Register.com cannot guarantee the functionality of non-roman alphabet language domain names, or 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 that apply to such registrations.

    12. Domain Hold

      The Domain Hold Service is a free service that enables you to put a domain name in a variety of tlds (such as .com, .net, .org, .biz, .us and/or .info) on hold for a period of up to four (4) days (the "Hold Period"). If you elect to purchase the domain name on hold during the Hold Period, you may only purchase it from Register.com. You acknowledge and agree that during the Hold Period you are not the official registrant of the domain name and that you have no rights in the domain name during the Hold Period. Further, Register.com reserves all rights with respect to a domain name placed on hold, including, but not limited to, the right to deny, terminate or suspend the Domain Hold Services and the right to institute or change fees or surcharges, at any time, for any reason, in its sole discretion, without prior notice to you. Register.com does not guarantee that you will be able to register a desired domain name and you acknowledge and agree that we will not be liable to you or any third party if you are unable to register a desired Domain Name for any reason, even if that domain name is placed on hold.

      If you elect not to purchase the domain name during the Hold Period, when the Hold Period ends the domain name will automatically be made available to other parties for purchase. Further, a domain name may be held for a maximum of two (2) Hold Periods and such Hold Periods cannot run consecutively. Additionally, Register.com reserves the right, at its sole discretion, to limit the number of domain names you may place on hold at any given time.

    13. Domain Expiration Protection

      Domain Expiration Protection ("DEP") is a service that prevents a domain name registered to you from becoming available to other parties for purchase if it is not successfully renewed prior to the expiration of its then-current term. In accordance with the DEP service, the domain name shall not expire and instead you will have one (1) year from the aforementioned then-current date of expiration of the domain name to renew the domain name (the "Expiration Period").

      During the Expiration Period, the domain name will remain registered to you, but Register.com may (i) lock the domain name and/or (ii) direct the domain name to an IP address designated by Register.com, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, Register.com's Website and Register.com's products and service offerings, third-party websites, third-party product and service offerings, and/or Internet search engines, unless and until it is renewed by you along with the proper payment. Renewals of domain names during the Expiration Period will be subject to our then-current standard renewal fees. Only the registrant of the domain name will be permitted to renew the domain name during the Expiration Period and must do so over the phone by calling the Register.com Customer Service team. In the event you do not renew the domain name during the Expiration Period, the domain name will automatically be made available to other parties for purchase at the end of the Expiration Period.

  2. Web Site Forwarding

    Website Forwarding provides you with the capability to forward visitors to a domain name residing on Register.com's DNS servers to a Website designated by you (a "forward to address"). (Click here for the specific features of our Website forwarding solutions). You acknowledge and agree that you may use Web Site Forwarding to link your domain name to a forward to address, but you may not use Website Forwarding for unlawful purposes, in violation of any applicable laws or regulations, in violation of Register.com's rules or policies, for the forwarding of a domain name not registered in your name, the forwarding to an invalid forward to address, or the unauthorized forwarding to a third party Website.

    You agree and acknowledge that Register.com may place advertising banners of Register.com or third parties into any Websites using the free Website Forwarding service.

  3. Website Hosting

    Register.com Website hosting provides the ability to create and publish Websites. Click here for additional terms and conditions that apply to Register's Website hosting solutions purchased before May 30, 2008. Click here for additional terms and conditions that apply to Register's Website hosting solutions purchased on or after May 30, 2008 but before April 11, 2012. Click here for additional terms and conditions that apply to Register's Website hosting solutions purchased on or after April 11, 2012.

  4. SSL Certificates

    Register.com provides SSL Certificates, which is a service that encrypts data transmissions across the Internet. Additional terms and conditions apply to Register.com's SSL Certificates other than its EV Certificates, and can be accessed by clicking here. Additional terms and conditions apply to Register.com's EV Certificates, and can be accessed by clicking here. The terms and conditions applicable to your services are incorporated by reference into this Agreement.

  5. Electronic Mail

    Register.com's electronic mail service provides you with the capability to send and receive electronic mail. (Click here for the specific features of our email packages).

    You agree to be bound by the applicable provisions of Register.com's Email Terms of Use, as modified by Register.com from time to time, which may be accessed by clicking here, and which is incorporated herein and made part of this Agreement by reference, in connection with your use of the electronic mail services described in this Agreement.

    Register.com's outsourcing contractors for the e-mail services, or their successors ("Contractor"), are intended third party beneficiaries of the electronic mail service customer's obligations under this Agreement and thus shall be entitled to enforce those obligations against you as if a party to this Agreement.

  6. Fax To Email Services

    1. Fax-to-Email Services

      The Fax-to-Email Service includes: (i) use of a toll-free telephone number that provides for the delivery of faxes to email in the volumes described below; and (ii) outbound faxing from the online Fax Management Interface.

    2. Fax-to-Email Service Usage

      The terms of use for the Fax-to-Email Service are described below: Fax-to-Email Toll-Free Service Usage. As a Toll-Free End-User, you will receive a toll-free fax number from which you may receive faxes. You will be charged a monthly or other recurring usage fee based on the combined number of fax pages sent and received according to your applicable service plan. You will have the option to send faxes via the online fax management interface and to subscribe for additional services at www.Register.com, subject to the terms and conditions of this Agreement. In the event that you exceed the number of fax pages sent and received according to your subscribed plan, and you do not pay for the additional services received, Register.com and or its licensees reserve the right to terminate or suspend Fax-to-Email Services to you.

    3. Storage of Faxes

      While you receive Fax-to-Email services, Register.com will store fax messages sent and or received through your Fax-to-Email online interface for a period of thirty (30) days, measured from the date of receipt of each fax. These faxes are accessible through the online Fax Management Interface. You acknowledge that Register.com may change its practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that faxed messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on Register.com's servers on your behalf, at any time. You further agree that Register.com has no responsibility or liability whatsoever for the deletion or failure to store any fax messages and/or other communications maintained or transmitted by the Service.

    4. End-User Responsibilities

      You are fully responsible for the contents of your transmissions through the Fax-to-Email Services. Register.com simply acts as a passive conduit for you to send and receive information of your own choosing. However, Register.com reserves the right to take any action with respect to the Fax-to-Email Services that Register.com deems necessary or appropriate in its sole discretion if Register.com believes you or your information may create liability for Fax-to-Email, compromise or disrupt the Fax-to-Email Services for you or other customers, or cause Register.com to lose (in whole or in part) the services of Register.com's ISPs or other suppliers. Your use of the Fax-to-Email Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all laws regarding the transmission of technical data exported from any country through the Fax-to-Email Services; (ii) not to use the Fax-to-Email Services for illegal purposes; (iii) not to interfere or disrupt networks connected to the Fax-to-Email Services; (iv) to comply with all regulations, policies and procedures of networks connected to the Fax-to-Email Services; (v) not to use the Fax-to-Email Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vi) not to transmit through the Fax-to-Email Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Fax-to-Email Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Fax-to-Email Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another End-User's use and enjoyment of the Fax-to-Email Services or another entity's use and enjoyment of similar services.

      You must (i) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Fax-to-Email Services; (ii) be responsible for all charges resulting from use of the Fax-to-Email Services, including unauthorized use prior to your notifying Register.com of such use and taking steps to prevent its further occurrence.

    5. Unsolicited Fax Advertisement/Spam Drop-Box Policy

      1. Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act (http://ftp.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Fax-to-Email Services is prohibited.

      If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:

      a. If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and

      b. Please forward the spam fax by email to spamfax@registerfax.com to file a complaint with Register.com by inserting the required information (fax number received from and date received) and including a copy of the offending fax.

      You hereby acknowledge and agree that Register.com, as owner of all Fax-to-Email Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to Register.com.

      Because our Fax-to-Email Numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible service for all customers, you are not permitted to "opt in" to receive spam faxes on your Fax-to-Email Number.

      2. Spam Drop-Box Policy. Register.com does not permit its End-Users to use their Fax-to-Email Number as a "drop-box" for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses a Fax-to-Email Number as a "drop-box" for responses, we ask that you take the following steps:

      a. If the email or fax contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional messages, please do so.

      b. If you are unable to successfully "unsubscribe," please forward the offending email to spamfax@registerfax.com. We will investigate your complaint and determine if the fax/voicemail number referenced in the spam email or spam fax is a Fax-to-Email Number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their Fax-to-Email Service.

    6. End-User Representations

      You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Fax-to-Email Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

    7. Modifications to the Fax-to-Email Services

      Register.com reserves the right to modify or discontinue any of the Fax-to-Email Services with or without notice to you. Register.com shall not be liable to you or any third party should Register.com exercise its right to modify or discontinue the Fax-to-Email Services.

    8. Member Account, PIN, and Security

      As part of the registration process, you will be required to provide an email address and select a password. Once you become a registered user, your Fax-to-Email Number will be automatically sent to you by email and accessed through the Fax-to-Email administrative control panel. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Register.com of any unauthorized use of your account or any other breach of security known to you.

      NEITHER REGISTER.COM NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF REGISGTER.COM'S' OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

      YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF REGISTER.COM, IN EVALUATING THE FAX-TO-EMAIL SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF REGISTER.COM.

    9. Ownership

      i. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Fax-to-Email Service are wholly owned by Register.com and/or its licensors and service providers except where expressly stated otherwise.

      ii. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY FAX-TO-EMAIL NUMBER ASSIGNED TO YOU BY REGISTER.COM. OWNERSHIP OF ANY SUCH FAX-TO-EMAIL NUMBER IS VESTED SOLELY IN REGISTER.COM (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR FAX-TO-EMAIL SERVICES FOR ANY REASON, SUCH FAX-TO-EMAIL NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT REGISTER.COMWILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF REGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

      iii. YOU FURTHER UNDERSTAND AND AGREE THAT REGISTER.COM MAY FROM TIME TO TIME NEED TO CHANGE THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN REGISTER.COM'S CONTROL). YOU AGREE THAT REGISTER.COM WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF REGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU BY REGISTER.COM AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE REGISTER.COM THE RIGHT TO IMMEDIATELY TERMINATE YOUR FAX-TO-EMAIL SERVICES WITHOUT NOTICE.

    10. Fax-to-Email Services are NOT for Resale

      Your right to use the Fax-to-Email Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the Fax-to-Email Services in any way.

  7. Hosted Exchange

    Hosted Exchange is an email and collaboration tool that allows users to send and receive electronic messages as well as share folders, addresses, and calendars. Additional terms and conditions apply to Register.com's hosted exchange service and can be accessed by clicking here. Such terms and conditions are incorporated by reference into this Agreement.

  8. Private Domain Registration

    Private Domain Registration is a service that provides you with the option of registering your domain name in the name of a third party, such as Perfect Privacy, LLC, whose contact information will be displayed in the public "Whois" record instead of your contact information. By ordering the Private Domain Registration Service, you agree to be bound by the applicable provisions of the Private Domain Registration Services Agreement, as modified by Register.com from time to time in accordance with this Agreement, which may be accessed by clicking here, and which is incorporated herein and made part of this Agreement by reference.

  9. Search Engine Optimization Services

    The Search Engine Optimization Service is an Internet search engine and directory site submission service that simplifies the web site submission process and assists website operators in increasing traffic to their sites through search engine/directory submission and pre-submission optimization recommendations. By ordering the Search Engine Optimization services, you agree to be bound by the applicable provisions of the r.Promote Terms of Service, as modified by Register.com from time to time in accordance with this Agreement, which may be accessed by clicking here, and which is incorporated herein and made part of this Agreement by reference.

  10. Guaranteed Clicks

    Guaranteed Clicks is a paid search advertising service that simplifies creating, maintaining and optimizing paid search advertising campaigns. By ordering Guaranteed Clicks, you agree to be bound by the applicable provisions of the Guaranteed Clicks Terms of Service, as modified by Register.com from time to time in accordance with this Agreement, which may be accessed by clicking here, and which is incorporated herein and made part of this Agreement by reference.

  11. Data Backup

    Register.com's data backup service provides users with a hosted solution to back up and retrieve data on the user's computer or network to a remote data storage facility via the Internet. Register.com's data backup service comes with JumboMail™, which allows users of our data backup service to send stored files via email.

    You agree to be bound by the applicable provisions of Register.com's Data Backup Terms of Use, as modified by Register.com from time to time, which may be accessed by clicking here, and which is incorporated herein and made part of this Agreement by reference, in connection with your use of the data backup and JumboMail™ services described in this Agreement.

    Register.com's outsourcing contractors for the data backup and JumboMail™ service, or their successors ("Contractor"), are intended third party beneficiaries of the data backup and JumboMail™ service customer's obligations under this Agreement and thus shall be entitled to enforce those obligations against you as if a party to this Agreement.

  12. Build A Site For Me: Custom

    Register.com's Build A Site For Me: Custom service includes development, design, building and maintenance of a Website based upon direction and input provided by you and other related services as may be offered from time to time. (Click here for specific features of our Build A Site For Me: Custom package.) Additional terms and conditions apply to the Build A Site For Me: Custom service and can be accessed by clicking here. Such terms and conditions are incorporated by reference into this Agreement. Build A Site For Me: Custom service also includes domain name related, Website hosting, and electronic mail services. The terms and conditions as set forth in, or incorporated by reference into, this Agreement for each of these services, and any other services that you may receive from us in connection with the Build A Site For Me: Custom service, apply to you as well.

  13. eWorks! XL

    The Register.com eWorks! XL Services involves the building of an eWorks! XL Website (the "eWorks! Website") with information provided by Customer. The eWorks! Website can consist of up to five (5) pages of content, whereby these pages can include a Contact Us page, a Map page and three (3) written pages with up to Two Hundred and Fifty (250) words of text and up to ten (10) images per page. Any additional pages and/or design work requested for the eWorks! Website will be quoted on a case-by-case basis at an hourly rate of Ninety-Nine Dollars ($99.00) per hour. Register.com will further provide a "1-800" tracking number associated with the eWorks! Website with up to two hundred (200) minutes per month of local and long distance telephone service. Register.com shall develop and host the eWorks! Website on a network server accessible on the Internet via an assigned domain name and shall register the eWorks! Website domain with several World Wide Web search engines. Services commencement is initiated on the basis of a recorded order verification, online acceptance or other method which indicates Customer's consent to Register.com provisioning the Services, and begins on the date that the eWorks! Website is available on the Internet.

    As between Customer and Register.com, all Content provided by Customer to Register.com for inclusion to the eWorks! Website shall remain the sole and exclusive property of Customer. Customer acknowledges that all Content is owned by Customer or that Customer has a legal right to such Content and that such Content and the use thereof does not violate the Register.com Acceptable Use Policy in any way. With the exception of Customer's ownership interest as identified in the previous two (2) sentences, ownership interest to the eWorks! Website, including, but not limited to the domain name, HTML coding, scripting, copyrights, and all other intellectual property rights, shall remain exclusively with Register.com. Upon termination of the Services, should Customer desire to obtain ownership rights to the eWorks! Website, Customer must obtain express written permission from Register.com and Customer shall further remit a fee to Register.com for the assignment of these rights to the Website. Provided Customer is not in default of this Agreement and Customer is also current with respect to payments owed to Register.com, the fee to be remitted for this assignment will be One Thousand Dollars ($1,000.00). This assignment to Customer of ownership rights to the eWorks! Website shall be limited to the actual portions of the eWorks! Website visible on the Internet and its underlying HTML coding as developed specifically for Customer by Register.com, and shall be sent to Customer via compact disc within thirty (30) days of remitting payment, but this assignment shall not include any rights to Register.com's software, trade secrets, methodologies, processes, proprietary functions, know-how, and all intellectual property including, but not limited to, all copyrights, trademarks, patents, and trade secrets related to Register.com's products or services, which shall remain the sole and exclusive property of Register.com and its respective suppliers, affiliates, partners, and/or licensors. For all images that are part of the eWorks! Website and assigned to Customer hereunder, Customer is granted permission to only use those images in the manner in which it is provided to Customer by Register.com (i.e. embedded in the eWorks! Website) and no other use of the images is permitted whatsoever. Moreover, upon assignment Register.com does not warrant the portability or functionality of the eWorks! Website in any way to or on any platform, hosting or otherwise, that is not provided by Register.com. Additionally, if Customer desires to purchase the domain name associated with the eWorks! Website, Customer agrees to pay Register.com an additional fee of Ninety Dollars ($90.00).

  14. Online Marketing

    Register.com Online Marketing Services include one or more of the following depending on which Online Marketing Services are selected by Customer in the related order process (the "Order Process"): Gorilla Online Marketing, Pay Per Click Advertising, Search Engine Optimization, Search Engine Submissions, Yellow Pages Directory Submissions, Display Advertisements, a "1-800" number with up to 200 minutes per month of local and long distance telephone service, Toll-Free Number Tracking, Visibility Online, E-mail Marketing, Social Network and/or SEO Professor services. These Online Marketing Services are more fully described online at: http://www.register.com/product/webpromotionmarketing.rcmx.

    In addition to the other obligations of Customer contained in this Agreement, Customer expressly acknowledges and agrees that Customer will not utilize the Online Marketing Services in any manner that would violate the Register.com Acceptable Use Policy.

    For Online Marketing Services involving online advertisements, positioning of Online Marketing Services or related advertisements is at the sole discretion of Register.com and/or Register.com's service partners (the "Service Partners"). Moreover, the online advertisements are subject to the approval of Register.com and its Service Partners. Register.com and it's Service Partners reserve the right to reject, cancel, modify or remove, without notice to Customer, any advertisement, or related keyword, webpage, link, space reservation, position commitment or any element thereof, at any time, for any reason whatsoever in its sole discretion (including belief by Register.com or its Service Partners that such advertisement, keyword, etc., may subject Register.com or its Service Partners to any criminal or civil liability). Customer hereby grants to Register.com and its Service Partners a non-exclusive, worldwide, fully paid license to use, reproduce and display any advertisement (and the contents, trademarks and brand features contained therein) in accordance herewith. As between Customer and Register.com, all materials, information, and other content provided by Customer to Register.com for fulfillment of Online Marketing Services shall remain the sole and exclusive property of Customer. However, all rights pertaining to any advertisement created by Register.com, whether now or hereafter existing, are reserved by Register.com.

    For Online Marketing Services involving online advertisements, in the event that Register.com or the Service Partners (i) fail to publish an advertisement in accordance any specified schedule, (ii) fail to deliver any guaranteed advertising within the specified time frame, (iii) fail to deliver a guaranteed number of total page views by the end of a specified period, or (iv) of any other failure, technical or otherwise, of any advertisement to appear as expressly provided by Register.com, the sole liability of Register.com and the Service Partners to Customer shall be limited to, at the sole discretion of Register.com and/or the Service Partners, (i) a pro rata refund of the advertising fee representing undelivered page views, (ii) rollover of the guaranteed advertising into a subsequent time frame, (iii) placement of the advertisement at a later time in a comparable position, or (iv) extension of the term of the Agreement until total page views are delivered.

    For Online Marketing Services involving online advertisements, such advertisements or other promotional materials or content are accepted by Register.com and its Service Partners upon the representation that Customer has the right to publish the contents of the advertisement or promotional materials or content without infringing the rights of any third party and without violating any law. As such, Customer agrees, at its own expense, to indemnify, defend and hold harmless Register.com and its Service Partners, and its employees, representatives, agents and affiliates, against any and all expenses and losses of any kind (including reasonable attorneys' fees and costs) incurred by Register.com and its Service Partners in connection with any claims, administrative proceedings or criminal investigations of any kind arising out of publication of the advertisement and/or any material, product or service of Customer to which users can link through the advertisement or promotional materials/content (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices).

    If the Online Marketing Services involve any e-mail marketing, Customer acknowledges and agrees that Customer will only use the Online Marketing Services to send emails to customers and prospects that have directly consented to receive email from them (the "opt-in method"). Customer is prohibited from transmitting unsolicited commercial email ("Spam") via the Online Marketing Services. Customer agrees not to use the Online Marketing Services to send Spam or any other type of unsolicited email or that would otherwise violate the Register.com Acceptable Use Policy. For any list of email addresses provided by the Customer, Customer agrees to provide Register.com with the source of the email addresses, the method used to capture the data, and verification of the consent to receive emails from any such customer or prospect. Customer further certifies that Customer will not use rented or purchased lists, email append lists, or any other list that contains email addresses captured in any other method than the opt-in method. Customer will be solely and completely responsible for any of these aforementioned acts committed by Customer in relation to Customer's use of the Online Marketing Services.

    For all Online Marketing Services involving pay-per-click advertising or similar Online Marketing Services with fees paid in advance based on projected advertising spend and related service and/or management fees, for all amounts not spent on pay-per-click or other advertising and not otherwise allocated towards related service or management fees, such amounts shall not rollover or be returned to Customer, but instead shall be retained by Register.com.

    All phone numbers associated with the Register.com Toll-Free Number Tracking Service are acquired by Register.com or its Service Partners on behalf of Customer and as such, are registered to and are controlled exclusively by Register.com. Customer acknowledges that they have no claim of ownership or claim of use as it relates to each phone number.

    Register.com and the Service Partners make no guarantees with respect to usage statistics or levels of impressions for any Online Marketing Services provided. Customer acknowledges that delivery statistics provided by Register.com's Service Partners will be the official, definitive measurements of such Service Partners' performance on any expressly stated delivery obligations.

  15. Facebook Page Development and Management

    The Register.com Custom Facebook Page Services involve setting up a business profile for you on Facebook.com (the "Facebook Page"), whereby you expressly acknowledge and agree that:

    • Your business information, including but not limited to name, company name, address, e-mail, telephone number, address, and other pertinent information may be used on the Facebook Page;
    • It is your responsibility to keep your Facebook Page information accurate and up to date;
    • You are responsible for maintaining the security of your Facebook.com account and login credentials;
    • You may not use the Facebook Page in any manner that would violate the Register.com Acceptable Use Policy;
    • You are responsible for any and all content posted on the Facebook Page and you may only provide content for use on the Facebook Page that you have the right to use;
    • With the exception of content you provide for inclusion on the Facebook Page, ownership interest to the Facebook Page, including, but not limited to, the URL address, HTML coding, scripting, copyrights, domain names, and all other intellectual property rights, shall remain exclusively with Register.com and/or Facebook.com;
    • By posting content on the Facebook Page, you are allowing others to view and share such content;
    • Unless otherwise expressly agreed to between you and Register.com, it will be your responsibility to monitor, manage and respond to all commentary on the Facebook Page;
    • Register.com reserves the right to cancel the Services and/or otherwise modify the Facebook Page, with or without notice to you, for whatever reason, including without limitation any violation of this Agreement or the Register.com Acceptable Use Policy;
    • If you limit Register.com's access to the Facebook Page, via changing your login credentials or otherwise, you will still be responsible for paying Register.com the related monthly service fees;
    • If you desire to cancel the Services any related cancellation request must be made via telephone to Register.com Customer Support; and
    • Upon cancellation of the Services, the Facebook Page will be deleted and may not be recoverable under any circumstance.


    Facebook.com is a third-party platform, and by subscribing to the Services you are aware that Facebook.com may make material changes to their websites or services that could significantly impact the Facebook Page. Additionally, aside from the Services to be provided by Register.com hereunder, Register.com does not offer support for the Facebook Page nor is Register.com responsible in any manner with respect to the operation or any other aspect of Facebook.com (including but not limited to data failures, network compromises, or if the Facebook.com service is slow or unavailable). Additionally, Register.com is not responsible for any issues with respect to the hosting of the Facebook Page. Moreover, you further acknowledge and agree that:

    • Facebook.com may elect to disable your Facebook.com account and/or Facebook Page with or without notice to you, for any reason;
    • You must adhere to any and all service agreements, terms of service, terms and conditions and/or all other related policies established or otherwise required by Facebook.com; and
    • Advertisements or other links may be placed or otherwise visible on the Facebook Page.


  16. Mobile Websites

    The Mobile Websites powered by goMobi services (the "Mobile Service") is a service that formats an existing website for viewing on mobile devices. You acknowledge and agree that Mobile Website will carry over certain design elements and functionality of the Web site to the mobile devices, but the website may appear differently and website functionality may not be fully compatible on each mobile device due to variations in device types and operating systems. In addition to the terms and conditions and other applicable addendums and policies related to this Agreement, the following additional terms and conditions shall apply to the Mobile Service.

    1. General Terms

      1. You are granted a personal, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to:

        1. use the Mobile Service; and
        2. install and use a single copy of the software components and/or transcoding tags (including the device detection and transcoding tag software) to be installed on your web server including associated manuals, user guides, help text files, or embedded software instructions (together, the "Software") and which link to the dotMobi hosted database which contains information relating to devices for the mobile web (the "Database") solely for the purpose of redirecting mobile web traffic to the goMobi web site that is the subject of the goMobi subscription through searches of the Database (the "Additional Mobile Service").

      2. You shall during the term of the End User Agreement, to the extent reasonably possible, effect and maintain adequate security measures to safeguard the Mobile Service, Software, and Additional Mobile Service from use by any unauthorized person.

      3. You shall not use the Mobile Service and/or the Additional Mobile Service in any way not expressly permitted under this Agreement. This includes a prohibition on:

        1. use of the results of searches performed using the Mobile Service and/or the Additional Mobile Service for the purposes of publication or distribution to any other persons and/or the transfer of any information or data obtained from such into the public domain;
        2. removing or modifying any markings on the Mobile Service or the Additional Mobile Service including reports or any notice of intellectual property rights;
        3. modifying, selling, renting, leasing, transferring, assigning, disposing of, novating, sub-licensing, transferring any of its rights to, reselling for profit, or distributing the Mobile Service and/or the Additional Mobile Service, or creating derivative works based on the Mobile Service and/or the Additional Mobile Service or any part of them;
        4. any distribution of data retrieved from the Database (or otherwise through the Mobile Service or Additional Mobile Service) in any form (whether printed, electronically relayed, posted to public list services or bulletin boards, magnetically stored, or otherwise) to, or for the benefit of, any other person;
        5. causing or permitting any alteration, adaptation, translation, decompilation, disassembly, or reverse engineering of the Mobile Service and/or the Additional Mobile Service (other than as permitted by applicable law); and
        6. copying the Software (provided however that You may take such copies or other reproductions of the Software as are strictly necessary for backup or archival purposes) and/or the Database or creating subsets or derivative databases from the Database in a manner not expressly permitted by this Agreement;

      4. You shall be solely responsible for ensuring compliance with all local laws and regulations in relation to your website and your website content.

      5. You shall be solely responsible for observing any applicable export and import laws that govern its use of the Mobile Service and/or the Additional Mobile Service. In particular, you shall not export the Software and/or the Database, or any part thereof, directly, or indirectly, in violation of these laws, or use them for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.

      6. You shall agree that dotMobi may make commercial use of data arising from your use of the Mobile Service and/or the Additional Mobile Service.

    2. Liability

      To the extent permitted by law, in no event shall dotMobi have any liability (whether direct or indirect) to you for loss or damage.

    3. Fair Use Policy

      In the event that the volume of traffic to you using the Mobile Service and/or the Additional Mobile Service is sufficient so as to jeopardize the provision of the Mobile Service and/or the Additional Mobile Service for other end users, dotMobi reserves the right to, at its sole discretion, permanently or temporarily discontinue provision of the Mobile Service and/or the Additional Mobile Service to you. For the avoidance of doubt, the volume of traffic generated by you should not exceed 2,000 page views per day.

    4. Acceptable Use Policy

      You agree that your access to and right of use of the Mobile Service and/or the Additional Mobile Service may be suspended and/or terminated if you are found to be using the Mobile Service and/or the Additional Mobile Service in association with activities which violate Register.com's Acceptable Use Policy; which may be detrimental to our or dotMobi's interests or reputation, such as in association with unsolicited commercial email ("spam") or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander, or harass third parties; activities prohibited by the laws of the territories in which you transact your business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism, and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, or racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event that access to and right of use of the Mobile Service and/or the Additional Mobile Service by you is suspended and/or terminated for spam or morally objectionable activities, no refund shall be due to you.

    5. Domain Transfers

      Should a domain to which services are being provided under this Agreement be transferred to another domain name registrar, the provision of the Mobile Service and/or the Additional Mobile Service will be interrupted for you on that domain, and the Mobile Service and/or the Additional Mobile Service will not be restored until the necessary DNS records are made to refer the domain to the Mobile Service.

    6. Mobile Service Branding

      You accept that the text "Mobile Websites powered by goMobi™" or equivalent, is inserted at the footer of the adapted site.

    7. Updates

      As part of the provision of the Mobile Service and/or the Additional Mobile Service to you, updates to the Mobile Service and/or the Additional Mobile Service will take place from time to time ("Updates"). Updates are generally designed to improve, enhance, and further develop the Mobile Service and/or the Additional Mobile Service and may take the form of bug fixes, enhanced functions, new capabilities, and completely new versions, and may include, but are not limited to, items such as advertising, links to third party offerings, and other promotional content. dotMobi shall incorporate Updates at its absolute discretion and you shall agree to receive such Updates on the above terms as part of its use of the Mobile Service and/or the Additional Mobile Service.

  17. ReputationAlert

    1. The Register.com ReputationAlert service provides you with the capability of monitoring your website's online reputation by pulling information from various Internet sources. ReputationAlert lets you track and manage your online visibility and reputation as broken down into several categories. You are responsible for managing the service and for making the necessary changes to help improve your online reputation, and as such Register.com is not responsible for the management of and/or any of the information that is provided in conjunction with the Service. Register.com is also not responsible for any negative reviews or comments regarding your online reputation.

    2. While subscribed to the Service you will receive bi-monthly notifications regarding your online reputation. In order to ensure you receive these notifications, you must be opted in to receive email notifications from Register.com. If you currently do not receive notifications from Register.com, then you will not receive emails that are necessary for the Service. You agree to receive all notifications via email at the email address you provide us during registration or by updating your account information. You agree to update your email address any time your email address changes.

    3. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur using your password. You agree to notify Register.com immediately of any unauthorized use of your password or any other breach of security. Register.com is not liable for any losses that you may incur as a result of any third-party's use of your password.

    4. Register.com and/or other third parties may produce automated search results or otherwise provide links to other websites or resources through the Service. Register.com may also provide the opportunity for you or third parties to submit, post, transmit or otherwise make available information, data, text, photographs, sound, graphics, video, messages, reviews and/or other materials ("RA Content") though the Service. You acknowledge and agree that all RA Content is the sole responsibility of the individual from whom such RA Content originated. Because Register.com either does not review or has no control over such third-party sites, resources, and/or the RA Content, you acknowledge and agree that Register.com is not responsible for any Content, nor for the availability of such sites or resources, and that Register.com does not endorse and is not responsible or liable for any such sites or resources, or any RA Content contained therein. You further acknowledge and agree that Register.com is not responsible or liable, directly nor indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such RA Content, site and/or resource.

    5. By submitting, posting or displaying any RA Content through the Service you grant Register.com (as well as any third party partners or affiliates) a non-exclusive, worldwide, perpetual, and royalty-free license (the "RA License") to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such RA Content solely for the purposes of enabling us to display, distribute and promote the Service. You shall retain any intellectual property rights appurtenant to any RA Content that you submit, post, transmit or otherwise make available through the Service. You acknowledge and agree that the RA License includes a right for Register.com to make such RA Content available to third parties to display, distribute and promote the Service and related services, to use such RA Content in connection with such services, and to convert the RA Content to such format as applicable technical specifications may require. By using the Service you represent and warrant that you have all the requisite rights, power and authority necessary to grant the RA License.

    6. In addition to any other indemnification obligations you may have under the Agreement, you further agree to indemnify and hold Register.com and its officers, directors, employees, agents, parent companies, subsidiaries, affiliates, partners and co-branders harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Service, (ii) any RA Content you submit, post, transmit or otherwise make available through the Service, (iii) your violation of the terms in this Schedule, or (iv) the violation of any rights of any other party that occurs in conjunction with your use of the Service.

  18. MyTime Support Services

    1. MyTime Support is a service whereby Register.com representatives or a vendor or sub-contractor thereof may assist you with configuring, modifying, utilizing or updating the services associated with your account and/or other products or services. In addition to the terms and conditions and other applicable addendums and policies related to this Agreement, the following additional terms and conditions shall apply to the MyTime Support Services.

    2. Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Register.com shall provide to you the MyTime Support services purchased by you during the sign-up process, provided, however, that all sales shall not be considered final until Register.com's technical team has reviewed the details of your MyTime Support applicable service requests, if any. Upon such review and because of the unique nature of customers' services and websites, Register.com reserves the right to change the scope of the MyTime Support services purchased by you. Such change may result in a change to the price for the MyTime Support services in order to ensure that the MyTime Support services can be completed. Should you decline the MyTime Support services after this review, Register.com will refund your purchase.

    3. Register.com will provide MyTime Support for you based upon direction and input provided to us by you. You hereby grant to Register.com and its vendors and sub-contractors all necessary rights and licenses with respect to your account in order for Register.com to carry out its obligations for the MyTime Support service and to make a reasonable number of archival or back-up copies of information, documents, files, or materials as deemed necessary by Register.com. Notwithstanding the foregoing, Register.com is not obligated to archive or responsible for archiving any information, documents, or materials that are mailed, emailed, faxed, or otherwise provided to Register.com.

    4. Your Obligations

      In order for Register.com to perform the MyTime Support service in accordance with this Agreement, you shall be responsible for the following:

      1. Providing Register.com with all information requested by Register.com to allow Register.com to fulfill the specific MyTime Support service requested by you. In certain cases, this may include providing access to your computer for a representative of Register.com or a vendor or sub-contractor thereof.

      2. Ensuring that the content provided by you (or any representative thereof), if any, does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorizations necessary to use intellectual property or other proprietary information of third parties. You represent and warrant that any name or word submitted to be used in connection with the MyTime Support service does not infringe any trademark, domain name, or any other intellectual property rights of any third party.

      3. Ensuring the accuracy of materials provided to Register.com, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer.

      4. Where you have purchased MyTime Support services on-line (as opposed to over the telephone), within thirty (30) days of purchase, you must either: (i) log in to your Account Manager, access your applicable MyTime Support services package; or (ii) contact customer service via telephone to submit your service request. If you fail to contact Register.com within thirty (30) days of an online purchase of MyTime Support services, payment will be surrendered in full.

      5. In some cases, Register.com will be working with you to gather information to fulfill the specific MyTime Support service you have requested. In such cases, prompt response from you is necessary. If a response is not received from you for more than fifteen (15) days, the MyTime Support service is considered "abandoned" and payment is surrendered in full.

    5. Information and Content You Provide

      If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Register.com has the right to suspend or terminate your account and refuse any and all current or future services (or any portion thereof). You acknowledge that Register.com does not pre-screen content, images and inventory. Register.com and its designees shall have the right to remove any content that violates the Acceptable Use Policy. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Register.com or submitted to Register.com.

    6. Non-Interference By You

      You agree to use the MyTime Support service in a manner which does not interfere with or disrupt other network users, services, or equipment, and Register.com reserves the right to terminate or suspend the MyTime Support service without notice to you if such interference is determined by Register.com to exist. Such interference or disruption includes, but is not limited to:

      1. wide-scale distribution of messages, including bulk email or unsolicited spam email, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums,

      2. propagation of computer worms or viruses, and

      3. use of the network to make unauthorized entry to other computational, information, or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.

    7. One-time MyTime Support Service

      All requested services must be redeemed during one service consultation. For example, if you purchased 60 minutes of One-time MyTime Support and it only takes 45 minutes to fulfill the requested service(s), the remaining 15 minutes is waived and related payment surrendered.

    8. Monthly MyTime Support Service

      All requested services for a given month must be redeemed during one service consultation. For example, if you purchased 60 minutes (per month) of Monthly MyTime Support and it only takes 45 minutes to fulfill the requested service(s) that month, the remaining 15 minutes for that particular month is waived. Additionally, if you do not use your service consultation for a particular month, the minutes do not carry over to the next month.

    9. Yearly MyTime Support Service

      All requested services for any yearly MyTime Support package must be used within the term period purchased. For example, if you purchase a one-year term, you must use all minutes allotted within one year from the date of purchase. Any unused minutes shall be deemed as waived and forfeited by you.

    10. For any yearly MyTime Support package, the amount of minutes that Register.com takes to complete any given task shall be defined pursuant to the MyTime Support Services List, which can be found on www.register.com. The amount of time listed on the MyTime Support Services List for a particular task shall be deducted from any remaining minutes on your MyTime Support package, regardless of whether the task takes more or less time to complete. For example, if a task is listed as taking 30 minutes on the MyTime Support Services List and the task takes 45 minutes to complete, Register.com will deduct 30 minutes from the remaining minutes on your MyTime Support package. Similarly, if a task is listed as taking 30 minutes on the MyTime Support Services List and the task takes only 20 minutes to complete, Register.com will deduct 30 minutes from the remaining minutes on your MyTime Support package.

      Where the MyTime Support Services List requires you to call Register.com for a quote, the time to fulfill the requested service shall be provided by Register.com during that call or thereafter and shall control and be treated as though it were listed on the MyTime Support Services List.

    11. Remote Desktop Feature

      For certain services offered under MyTime Support, access to your computer will be necessary in order to complete the service. Access to the Internet is also required to receive certain MyTime Support services, and you are responsible for providing and maintaining your Internet connection. A high speed Internet connection is highly recommended in order to avoid delays or problems with the Services. By purchasing MyTime Support, you authorize a representative of Register.com and/or its vendors or sub-contractors to access your computer and any associated computer networks. You agree that you will bear all risks associated with your purchase of the MyTime Support services and your Internet connection. You will comply with all applicable local, state, national and international laws and regulations during the provision of the MyTime Support services. You agree to allow Register.com to record and archive a digital copy of the MyTime Support session in a video format for liability and training purposes, and you are aware and agree that anything you do not want recorded, including but not limited to e-mail, files, attachments, pictures, and Internet history, must be removed from your computer prior to the MyTime Support session.

      You agree to assist Register.com as reasonably requested by Register.com in diagnosing the issues and providing the MyTime Support services. The Register.com representative providing the MyTime Support service(s) has sole discretion over any instructions and steps taken in providing the Services.

      You agree that the MyTime Support services provided by Register.com may result in malfunction of certain programs or functions of your computer or associated computer networks, and acknowledge that this result may occur through no fault of Register.com. Knowing and understanding the risk of accepting MyTime Support services from Register.com, you assume all responsibility and risk for any damage to your programs, computer or associated networks that may result from those services, even if due to the fault or negligence of Register.com. Furthermore, you agree in advance to release, waive, forever discharge, and covenant not to sue Register.com, any of its employees, officers, and/or agents from and against any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature that may result from any and all MyTime Support services that you purchase and accept.

      You hereby agree to indemnify, save and hold harmless Register.com, its employees, officers, and/or agents from any loss, liability, damage, or cost they may incur due to the provision of MyTime Support services on your behalf, whether or not such loss, liability, damage or cost is due to the fault or negligence of Register.com.

      You agree that the Internet is not owned, operated or managed by, or in any way affiliated with, Register.com, and that Register.com, is not responsible for and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the MyTime Support service. You further agree that Register.com does not own or control all of the various facilities and communications lines through which MyTime Support may be provided, nor does Register.com guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Register.com.

      You further agree that Register.com cannot and does not guarantee or warrant that data or software programs available for downloading through MyTime Support will be free of defects, infection or viruses, worms, Trojan horses or other code that manifests contaminating, malicious or destructive properties. You are solely responsible for implementing adequate procedures to satisfy your particular requirements for data security, accuracy of data input and output, and for maintaining a means external to MyTime Support for the reconstruction of any lost data (for example, adequate backup procedures).

      You further acknowledge and agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information that you transmit or receive over the Internet. You agree that Register.com is not responsible for invalid destinations, transmission errors, or corruption or security of your data, computers or networks.

  19. TRUSTe Data License

    1. In addition to the terms and conditions and other applicable schedules in the Agreement, the following data license and related terms and conditions contained in this Section (collectively, the "License") shall apply to the True Ultimate Standards Everywhere, Inc. ("TRUSTe") data services provided to you by Register.com.

    2. You are entering into this License between Register.com, its third party provider, TRUSTe, and you ("You") with respect to your use of TRUSTe standardized Privacy Policy clauses ("Data"). TRUSTe is an intended third party beneficiary of this Section with rights to enforce the terms and conditions of the License.

    3. Description of Data. The Data delivered hereunder shall consist of an annually updated set of privacy practice disclosures.

    4. Grant of License. Subject to the terms and conditions hereof, TRUSTe agrees to grant You a non-exclusive license (the "License") to: (i) use the Data for lawful purposes; (ii) copy the Data into a machine-readable or printed form only as necessary to use it in accordance with this License; (iii) comply with all applicable laws and regulations governing the use of the Data; and (iv) enable You reasonable access to the Data.

    5. Use Restrictions/Protection of Proprietary Rights

      • You acknowledge that TRUSTe retains all right, title, and interest in the Data. You may not transfer, lease, or assign the Data except as specifically allowed herein;

      • Except as allowed herein, You agree to not distribute the Data obtained hereunder or any copy thereof to any other party without the express prior written consent of TRUSTe;

      • You agree to take all reasonable steps to protect against unauthorized access to, use, and bulk disclosure of the Data obtained under this License;

      • You may not refer to TRUSTe in any way in exercising its rights hereunder; and

      • You may not engage is data collection, use, or disclosure practices inconsistent with the Data.

      Violation of this Section is a material breach hereof which shall cause this License to terminate immediately with no refund.

    6. Fee. You shall pay the initial and ongoing fees as required by this License. During the Term hereof, You may apply to participate in other TRUSTe programs, or expand the services for an existing program. Unless otherwise agreed, additional fees will be applicable, per TRUSTe's then current fee structure, for any such expansion of services or addition of a program. Except as otherwise expressly provided herein, all fees are non-refundable.

    7. Limited Warranty and Disclaimer

      1. Subject to the terms and conditions of this License, TRUSTe warrants that where the Data is used for the purposes for which it is designed, and in accordance with user instructions and TRUSTe's instructions provided from time to time, that it will perform in compliance with this Section; provided, however, that this is a limited warranty only, and will not apply to any error caused by any event, circumstance or development outside of TRUSTe's reasonable control. TRUSTe disclaims all other warranties or conditions, either express or implied, including but not limited to, warranties or conditions of merchantability, or fitness for a particular purpose. TRUSTE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

      2. The preceding warranty will not apply if: (a) the Data is not used in accordance with this Agreement; (b) the Data or any part thereof has been modified by any entity other than You without the express written consent of TRUSTe; or (c) a inaccuracy in the Data has been caused by any of your business activities which are inconsistent with the Data.

      3. The Data and services provided to you by TRUSTe hereunder are considered Third Party Functionality under the Agreement and therefore Register.com makes no warranties whatsoever with respect thereto.

      4. WITHOUT REDUCING ANY OF REGISTER.COM'S LIMITATIONS OF LIABILITY EXISTING ELSEWHERE IN THE AGREEMENT OR ANY SCHEDULE THERETO, TRUSTE'S AND REGISTER.COM'S SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF THE ABOVE WARRANTY OR OTHERWISE UNDER THIS LICENSE REGARDLESS OF THE BASIS OF RECOVERY CLAIMED SHALL BE LIMITED TO THE REFUND ANY PRE-PAID BUT UNUSED FEE AMOUNTS PAID BY YOU HEREUNDER. TRUSTE AND REGISTER.COM DO NOT WARRANT THAT THE OPERATION OF THE DATA WILL BE ERROR-FREE.

      5. WITHOUT REDUCING ANY OF REGISTER.COM'S LIMITATIONS OF LIABILITY EXISTING ELSEWHERE IN THE AGREEMENT OR ANY SCHEDULE THERETO, NEITHER TRUSTE AND/OR REGISTER.COM SHALL BE LIABLE FOR LOSS OF OR DAMAGE TO RECORDS OR DATA; COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; ANY MATTER BEYOND ITS REASONABLE CONTROL; AND ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF TRUSTE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF THIS SECTION ARE ESSENTIAL ELEMENTS OF THE LICENSE AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE PRICES AND TERMS SET FORTH IN THIS LICENSE WOULD BE SUBSTANTIALLY DIFFERENT.

      6. YOU REPERESENT AND WARRANT THAT USE OF THE DATA DOES NOT CONSTITUTE COMPLIANCE WITH ANY APPLICABLE LAW, STATUTE, ORDINACE, OR REGULATION. YOU SHALL HAVE A CONTINUING OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS RELATING TO DATA COLLECTION, USE, AND DISCLOSURE.

    8. Term and Termination of License

      • The initial and renewal terms of this License shall be annually from the date that you order the TRUSTe Data services.

      • Termination for Convenience. Either party may terminate this License anytime after the initial term by providing the other party with 30 days advance written notice. Notwithstanding the foregoing, nothing in this Section will circumvent Register.com's ability to modify, terminate the Services or the Agreement as otherwise provided for in the Agreement. Except as otherwise expressly provided for herein, there shall be no refund of any pre-paid but unused fees hereunder. Any obligations to pay fees incurred hereunder prior to termination of the License and the provisions of the Data service shall survive termination of the License for any reason.

    9. General. This License is the entire agreement between You and TRUSTe relating to Data Service and supersedes all prior, contemporaneous, or other oral or written communications, proposals, and representations with respect to its subject matter. Except as provided for in the Agreement, no modification to this License by you is binding unless in writing and signed by a duly authorized representative of each party. The waiver or failure of any party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of this License is held invalid, all other provisions shall remain valid unless such validity would frustrate the purpose of this License, and this License shall be enforced to the full extent allowable under applicable law. Except as otherwise provided in the Agreement, You may not assign, except to a successor, your rights, duties or obligations under this License without the prior written consent of Register.com and any attempt to do so shall be void and of no effect.

  20. New gTLD Pre-Registration, Sunrise, Landrush & General Availability Services

    1. By registering or otherwise submitting an application with Register.com (along with any and/or all parents, subsidiaries, affiliates, successors and assigns thereof, referred to "Registrar", "we", "us" and/or "our") to pre-register a new generic top-level domain name (a "gTLD") you ("Registrant", "you", and/or "your") certify that you have read, understood and agree to be bound by all terms and conditions below (the "Terms and Conditions") as well as all terms and conditions of our applicable Services Agreement, as it may be amended from time to time, which is hereby incorporated in full (the Terms and Conditions and the Services Agreement are collectively referred to herein as the "Agreement").

    2. Services. The Agreement explains our obligations to you, and explains your obligations to us regarding your use of our domain name pre-registration services (the "Services"). By submitting a pre-registration or pre-reservation request (a "Domain Request"), you acknowledge that you have read and agree to be bound by all terms and conditions of the Agreement, as amended from time to time, and to any other pertinent rules or policies that are or may be published by Registrar and/or the registry operating and/or otherwise managing the applicable gTLD (the "Registry"). You further agree to utilize the Services in full compliance with our Acceptable Use Policy.

    3. Eligibility Requirements. Registrant must meet requirements for certain new top level domain during any of the pre-registration or registration phases ("Eligibility Requirements and/or "Membership Requirements"). You represent and warrant that every registration you are applying for in the applicable gTLD satisfies stated requirements for those applicable gTLDs. Such requirements established by the applicable Registry and are more fully described on the applicable Registry website.

    4. Registration Process. You acknowledge and agree that it is your responsibility, through the registration process for a pre-registered domain name (and, if applicable, as required subsequent to your application), to provide the information necessary to satisfy associated Registry requirements for a generic top level domain. Required supporting documentation may include but not be limited to community, member and/or trademark holder to support Registry specific eligibility requirements. Failure by you to satisfy these requirements (whichever is applicable) may result in, among other things, (a) the domain name registration or pre-registration application(s) being rejected by Registrar (b) the domain name(s) being placed on "hold" by Registrar and/or the associated Registry, and/or (c) the domain name(s) being deleted by Registrar and/or the Registry. Neither Registrar nor the Registry shall be liable to you for any actions or inactions resulting from your failure to provide all required information to satisfy the Eligibility Requirements or Membership Requirements at the time of registration or pre-registration (or, where applicable, subsequent to registration), and neither shall have any obligation to request or attempt to obtain from you additional information to establish your compliance with the specific Registry Eligibility Requirements or Membership Requirements, even if the need for such information is known by them. Moreover, you acknowledge that in order for any new gTLD through Registrar to resolve on the Internet you must have successfully registered the domain and meet all applicable obligations associated with each applicable Registry. Additionally, in order for you to utilize other Registrar services in conjunction with a domain name you must have successfully registered the domain and meet all applicable obligations associated with such gTLD.

    5. Pre-Registration. When you submit a Domain Request, you are authorizing us to attempt to obtain a domain name in the named gTLD (as described on our Website) for you if and when the Registry launches its Sunrise, Landrush and General Availability period. When each phase opens, Registrar will likely submit all pre-registration requests during the Sunrise, Landrush or General Availability periods and the Registry will likely review all proposed registration requests. Please note some domain name requests may not be allocated on a first come, first serve basis during the Sunrise or Landrush Periods. In addition, you agree to be bound by all policies, terms, and conditions of the initial launch of these gTLDs. This information may be found on the applicable Registry's website.

      You acknowledge that neither the Registry nor Registrar has any liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Pre-Registration, Sunrise period or the Landrush period, including, without limitation: (a) the ability or inability of you and/or another registrant to register a domain name during these periods, and (b) the results of any dispute over a Sunrise, Landrush or other registration.

    6. Sunrise. Sunrise is created to protect trademark holders, pre-existing exact match domain holders, and to avoid abusive registrations. During the Sunrise period, the registry system may accept different types of Sunrise applications. Either all or a portion of the Sunrise periods are reserved for members of the Trademark Clearinghouse provided by ICANN. Please see the applicable Registry's website for that Registry's rules that apply to the Sunrise period. You acknowledge that Registry or its designee shall decide at its own discretion whether any documentation or information you submit verifies your right to register a desired domain name.

      Most, if not all, gTLDs Sunrise applications must possess a registered trademark that meets certain criteria, and must attest to their membership in the Trademark Clearinghouse by providing a Signed Mark Data File (SMD) for each mark. Most, if not all, gTLDs Sunrise registrations may not be awarded until (a) the prospective registrant has provided the SMD file completed any applicable membership or community requirements and his or her contact information has been confirmed; and (b) completed and duly executed any supporting documentation that may be required for the Sunrise phase required by the applicable Registry Operator. Most, if not all, gTLDs domain names awarded during Sunrise may not be operable (resolve in the DNS) and available for your use until the "create-date" chosen by the applicable Registry.

    7. Landrush. The registration period for registrants that meet the applicable qualification as defined by each Registry in order to participate in Landrush. Applications for competing names may go to auction at the end of the Landrush period. Landrush registrations may not be awarded unless and until, after (a) the close of the Landrush phase, (b) end of Auction Period, or (c) until Registry deems the Landrush phase period closed. Domain names awarded during Landrush may not be operable (resolve in the DNS) and available for your use until the "create-date" determined by the applicable Registry Operator. Please note that, pursuant to applicable Registry rules, domain names may not be awarded on a first-come first-served basis during the non-TMCH Sunrise and Landrush periods though such an award may be possible under certain auction rules. Please see the applicable Registry's website for that Registry's rules that apply to the Landrush period. After Sunrise and before Landrush, there may be a Quiet Period during which each Registry will review Sunrise applications.

    8. Early Access Program. Some Registries may offer an Early Access Program (EAP) after Sunrise and in lieu of a Landrush phase. During EAP, an early access fee is charged in addition to the registration fee and application fee (as further described below), which may vary based on categorization of the Domain Name ("Domain Name Rating"). EAP fees are set by the Registry and will typically descend each subsequent day during the EAP. We reserve the right to not participate in any EAP with respect to your Domain Request or alternatively submit your Domain Request on the last day of the EAP.

    9. General Availability. For Registries forgoing Landrush and not offering an EAP or other similar program, Domain Requests not rejected at Sunrise or otherwise, shall be submitted at the beginning of the General Availability phase for the applicable Registry.

    10. Validation Process. You agree that we shall have no liability to you or other third parties for anything related to the applicable Registry's validation process for a proposed registration request that we have submitted and is pending final approval by the applicable Registry. You acknowledge and agree that it is your responsibility to ensure that you meet all of the requirements stated by the Registry for your proposed Domain Requests. You agree that we are not responsible or liable in any way if any of your Domain Requests are rejected for any reason, including but not limited to, the Registry's failure or inability to contact you or your failure to respond to Registry's request for supporting documentation during the validation process.

    11. Transfer Lock. Following award of a Sunrise, Landrush, or General Availability domain name, the name will be on transfer lock with the Registrar for at least sixty (60) days.

    12. Charges. Charges and fees for Domain Requests are outlined on our website at the time you submit a Domain Request. By submitting a Domain Request, you authorize us to charge you immediately for all application and registration fees. Domain Requests that are rejected by Registry for any reason will still be charged an application fee that will NOT be refunded to you. You will however be refunded the registration fee charged during pre-registration if you are not awarded the requested domain name. Any applicable fees not charged when you submit your Domain Request will be charged to your credit card once your Domain Request is accepted and processed by the associated Registry. Additionally, successful domain registration requests are subject to the terms of the Agreement as well as our Registrant Agreement and/or any other terms and conditions of this Agreement related to domain name registrations.

    13. Non-Uniform Renewal Registration and Renewal Pricing. Some Registries, such as Donuts Inc., will have non-uniform renewal registration pricing such that the registration fee for a domain name registration renewal may differ from other domain names in the same or other Registry gTLDs (e.g., renewal registration Fee is $7 for one domain name and $13 for a different domain name).

    14. Trademark Clearinghouse Notifications and Intellectual Property. You acknowledge and agree that you expressly provide us with the right to accept any warning or notice on your behalf that the domain name you are submitting a Domain Request for may incorporate another party's trademark or other intellectual property. You further acknowledge and agree that you are not to submit any Domain Requests that infringe on another party's intellectual property and that you are not to utilize the Services in a manner infringing on another party's intellectual property rights. You further acknowledge and agree that Registrar will not be responsible in any manner whatsoever if you violate any such intellectual property rights and/or laws.

    15. Registration Phases and Timeline. You further acknowledge and agree that all timeframes and schedules for the different registration phases for all domain names are to be established by the associated Registry at their sole discretion and those registration options will not be available once the associated phase has ended.

    16. Auctions. During Sunrise, Landrush and General Availability, the Registry system may accept an unlimited number of applications for each string, and an unlimited number of applications for a string of a given application type. In the event a Registry receives more than one qualified application for the same name, the name may be awarded via auction. Details on how auctions will be conducted for each gTLD can be found on the applicable Registry website.

    17. Registrant Information and Use of Personal Data. You agree to keep all registration and contact information related to your Domain Requests ("Personal Data") current so that we can contact you for any reason or so the related Registry is able to contact you for any reason, including, but not limited to, any participation in a validation process for a domain name during the Sunrise, Landrush, or General Availability period. We take no responsibility in providing the Registry with any Personal Data other than what you provide in any initial Domain Request. The Personal Data you provide will be submitted to the associated Registry and used in accordance with the published Registry Privacy Policy, which will be available on the Registry's website.

    18. Reserved and Revocation of Certain Domain Names. You agree that each Registry may have identified certain domain names that cannot be registered during the Sunrise, Landrush, and General Availability process. You further accept that Registrar and each Registry reserves the right to deny a Domain Request that an associated Registry considers to be contrary to public policy. You understand that each Registry may also revoke a domain name at its own initiative for a variety of reasons including but not limited to nonpayment of fees or failure to meet Registry-stated eligibility Requirements. All Sunrise and Landrush application submissions to the associated Registry are considered final and we will not refund any application fees paid by you.

    19. No Guarantees. Registrar makes no guarantees, representations or warranties that any Domain Request will be accepted by the associated Registry. You acknowledge and agree that a Domain Request for a domain name submitted by Registrar to the associated Registry may fail for a variety of reasons or be rejected by associated Registry. You acknowledge and agree that the successful registration will depend upon a number of different factors that Registrar cannot predict or control. You acknowledge and agree that submission of a Domain Request for a domain name or any other services (regardless of when submitted) does not guarantee that you will ultimately be the registrant for any particular domain name. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the associated Registry (for example, the Registry reserves the right to suspend, reject, deny or revoke any domain name registration for a variety of reasons, none of which Registrar can control).

    20. Acknowledgment and Agreement of Participating Registry Policies, Terms, Rules. You acknowledge having read and understood and agree to be bound by the terms and conditions of all of the policies, terms or rules (collectively the "Registry Policies") that are posted or referred to on the applicable Registry website. You also agree to comply with any and all current Registry Polices posted at the time of pre-registration and registration, but also future Registry Policies. You agree that, by maintaining any service related to your pre-registration or registration request (which may include the ultimate registration of a domain name) after such posting of any new or amended Registry Policies, you have agreed to the terms and conditions of the same and will be bound by such terms and conditions. You acknowledge that if you do not agree to the amended or new Registry Policies, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

    21. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that Registrar shall have no liability of any kind for any loss or liability resulting from the processing of Domain Requests prior to the live gTLD launch or the submission of Domain Requests to the participating Registry including, without limitation, your ability or inability to obtain a particular domain name including any dispute resolution proceeding related to any of the foregoing. Registrar assumes no liability for any Domain Request or a domain name's rejection, suspension, cancellation, deletion, interruption or transfer due to procedures, rules or policies laid down by participating Registry or auction provider or due to practices, customs or prejudices of courts of law or dispute resolving arbitrators. We are not liable for any claims, damages or injuries arising out of the termination of services that are provided by participating Registry for any reason, including but not limited to the termination of participating Registry's registration authority, or its bankruptcy.

    22. Indemnification. In addition to your other indemnification obligations contained in the Agreement, you also agree to indemnify, release, defend and hold us harmless for all liabilities, claims, damages, costs and expenses arising out of: (a) your breach of any terms or conditions of the Agreement; (b) any violation of a third party's right related to your Domain Request; (c) any dispute with a Registry or a third party arising out of your Domain Request or subsequent registration of a domain name; (d) any dispute related to the validation process for your Domain Request; or (e) any dispute related to an auction process related to any Domain Request by you.

    23. Notification Requirement. You agree to immediately notify Registrar and applicable Registry of any registered domain name owned or controlled by you where the website content in connection with such domain name is the subject of any legal "take-down" notice issued by law enforcement or government agency because of alleged illegal or illicit activity on such website.

    24. Survival of Terms. You agree that the limitation of liability and indemnification provisions set forth in this Agreement shall survive any termination of the Agreement.

    25. Governing Law. You agree that any disputes between you and Registrar shall be governed in all respects by and in accordance with the laws of the State of Florida. All disputes between you and the named Registry are to be brought before the tribunal of named Registry's choice.

  21. WebLock

    1. WebLock ("WebLock and/or the "WebLock Service") is a service that provides additional protection to a Customer's domain name registration.

    2. WebLock and related WebLock Service fees shall cover eligible domain names that you have registered with Register.com. However, during the onboarding process for the WebLock Service you must specifically identify the domain names within your account that are to be covered by the WebLock Service. Any domain names not identified, even if eligible and registered with Register.com shall not be covered under the WebLock Service. The WebLock Service shall require a one-time set-up fee and a recurring annual fee billed in advance each year.

    3. For your domain names covered by the WebLock Service (the "Domain Names"), all such Domain Names will be locked at the registrar and/or registry level which will prevent the following changes to those Domain Names (the "Changes"): (i) name server updates, (ii) domain transfers and (iii) domain deletions. In order for any Changes to be made to a Domain Name you must follow the WebLock process. In accordance with this process, such Changes to a Domain Name can only be made once the WebLock lock (the "Lock") is removed by a pre-registered certified user (a "Certified User") for that Domain Name. Customers must establish at least two (2) but no more than six (6) Certified Users. The same group of Certified Users will apply to all of your Domain Names covered under the WebLock Service.

    4. As per the WebLock process, Customer must remove the Lock to make any Changes to a Domain Name. All requests to remove the Lock must be made by a Certified User via email to an email address previously provided by Register.com. Register.com will then place an outbound call to the pre-registered authorized phone number for the Certified User making the request to remove the Lock. A unique PIN will be required to validate this call, whereby a specific PIN will be sent to each Certified User upon their enrollment in the WebLock Service. Provided this call can be validated via the PIN, the Lock will be removed from the Domain Name. In addition, a message alert will be sent to all Certified Users via email notifying them that an unlock request was made and identifying which Certified User has made the request. The preceding process will also be required to modify the Certified Users or their contact information. WebLock enrolled customers will also have access to a 24/7 response team in the event of any security issues occurring with respect to any of their Domain Names. It is your responsibility to re-engage the Lock on the Domain Name, which is also done via this WebLock process.

    5. Although WebLock shall provide for additional domain protection, you acknowledge and agree that the WebLock Service is not a guarantee or policy of insurance of any kind, and in no way will the use of or enrollment in the WebLock Service diminish or otherwise alter the other sections of this Agreement, including but not limited to, Section 32 (Limitation of Liability) and Section 34 (Disclaimers of Warranties) below, which shall continue in full force and effect.

  22. Take-a-Payment

    1. Take-a-Payment is a service that enables you to accept credit card payments on your Website and either process those payments in real-time provided that you are approved to do so by Simplify Commerce (as further referenced below), or at a later time of your choosing via another thirdparty merchant and/or payment terminal.

    2. As part of the Take-a-Payment Services, Register.com will provide code (the "Code") for you to implement on your Website in order to utilize the Take-a-Payment Services, whereby subject to all of the terms and conditions of this Agreement and all related payment obligations, Register.com will provide you with a limited, non-exclusive, non-transferable, revocable license (the "License") to use the Code and the Take-a-Payment Services. Subject to the terms and conditions of the Agreement and related payment obligations, Register.com shall allow you to remotely access and use the Take-a-Payment Services on servers operated by or for Register.com ("Register.com Servers"). During the term of this Agreement, you may use the Take-a-Payment Services and any related documentation solely in a manner consistent with the terms and conditions of this Agreement as well as any applicable state, federal, or international law. You agree that you and your agents will not: (a) sell, lease, transfer, license or sublicense the Take-a-Payment Services; (b) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble, or decompile the Take-a-Payment Services in any way for any reason; (c) provide, disclose, divulge or make available to, or permit use of the Take-a-Payment Services by any third party; (d) copy or reproduce all or any part of the Take-a-Payment Services (except as expressly provided for herein); (e) interfere, or attempt to interfere, with the Take-a-Payment Services in any way; (f) engage in spamming, mail bombing, spoofing or any other fraudulent, illegal or unauthorized use of the Take-a-Payment Services; (g) knowingly introduce into or transmit through the Take-a-Payment Services or any other services any virus, worm, trap door, back door, timer, clock, counter or other limiting routine, instruction or design; (h) remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the Take-a-Payment Services; (i) engage in or allow any action involving the Take-a-Payment Services that is inconsistent with the terms and conditions of this Agreement; or (j) cause, assist or permit any third party to do any of the foregoing. No right, title or interest of intellectual property or other proprietary rights in and to the Take-a-Payment Services and/or other products, services or software is made available under this Agreement. Register.com, its wholly-owned subsidiaries and affiliates and its Third Party Licensors (as defined below) retain all right, title and interests, including, without limitation, all copyright, trade secret, intellectual property and other proprietary rights in and to the Take-a-Payment Services and/or other products, services or software provided under this Agreement.

    3. Register.com reserves the right to change, amend and/or otherwise alter the Take-a-Payment Services provided without prior notice to you.

    4. For the Take-a-Payment Services, Register.com shall bill you on a recurring basis in advance during the term of the Agreement, and may be charged on an annual, monthly or other recurring billing cycle. Your customers' payments will be processed through your existing third-party terminal or by signing up for Simplify Commerce ("Simplify") at the time you purchase and/or sign-up for the Take-a-Payment Services. The Take-a-Payment Services will only store information related to payments made by your customers via Take-a-Payment for a maximum of thirty (30) days. Additionally, Simplify or your third-party terminal merchant terms of service will further apply to your use of their services for the processing of the payments and may include additional processing fees for which you shall be solely responsible. For reference, Simplify's terms are located online here. In the instance that the terms of service for Simplify or your existing third-party terminal conflict with this Agreement, the terms of this Agreement will apply.

    5. You acknowledge that Register.com makes no guarantees that any given customer will be able to access the Take-a-Payment Services at any given time. Register.com shall not be liable to you for failure of accessibility to the Take-a-Payment Services or any potential or actual losses that you may suffer from your inability to access or use the Take-a-Payment Services or your customers' inability to access any websites that may utilize the Take-a-Payment Services. Register.com provides all Take-a-Payment Services on an "as is" basis and does not guarantee that the Take-a-Payment Services will have no errors, defects or bugs or will otherwise function properly. You agree that Register.com is not responsible in any way for any malfunction or downtime in the Take-a-Payment Services and any damage, injury or lost profits that may arise from such malfunction or downtime.

    6. Register.com makes no guarantee that the Take-a-Payment Services will operate seamlessly and without error with your own hardware, software or other services (including third party products) that you currently use. Register.com makes no guarantees regarding system uptime. From time to time, and as may be necessary to maintain such systems and Register.com hardware, Register.com reserves the right to take its servers and other hardware offline for repairs, upgrades or routine maintenance. You agree and understand that the Take-a-Payment Services may be dependent on third party services that Register.com cannot control. You expressly agree that the availability of those third party services may impact the Take-a-Payment Services and therefore you shall not hold Register.com liable for any actions of a third party that may adversely impact the Take-a-Payment Services. Any uptime calculation or percentage that is provided as a part of the Take-a-Payment Services does not include routine maintenance, unexpected downtime caused by network issues or third party vendors, and occurrences that are outside the control of Register.com, including but not limited to any force majeure occurrences.

    7. You acknowledge and agree that the Take-a-Payment Services are provided, in some cases, by third party Licensors to Register.com, including but not limited to Simplify ("Third Party Licensors"). For all Take-a-Payment Services that are provided by Third Party Licensors, you agree with and shall abide by all Third Party Licensor terms and conditions, if any. Such Third Party Licensor terms and conditions are available upon request (the "Additional Terms and Conditions"). Any Additional Terms and Conditions are in addition to and supplement the terms and conditions provided in this Agreement. You acknowledge and agree that you will be subject to all Additional Terms and Conditions and that all such Additional Terms and Conditions shall be incorporated into this Agreement, to the extent those Additional Terms and Conditions do not conflict with the terms and conditions of this Agreement, as if set forth fully herein. You acknowledge that Register.com may, at its sole discretion, change any Third Party Licensors that provide services under this Agreement, or add or delete discrete services from the Take-a-Payment Services. In the event that Register.com changes Third Party Licensors, Register.com may provide you with notification of changes in Third Party Licensors and refer you to information posted on Register.com's website relative to that change which shall be Take-a-Payment Additional Terms and Conditions for the purposes of this Agreement.

  23. Fees, Service Term, Renewals

    1. Fees, Service Term, Renewal Reminders

      As consideration for the Services, you agree to pay Register.com the applicable fees set forth on our Website or in the related ordering process at the time you request the Service from Register.com. All fees are due immediately and are non-refundable, except as otherwise expressly stipulated herein. We reserve the right NOT to accept payment by check or cash. Each domain name registration is for a one-year initial term, or such longer term as you may order or as may be required by a particular registry administrator, and is renewable thereafter for successive one to ten-year terms, as set forth during the renewal process. Other Register.com Services are usually for one-year, one-month or other such recurring term, or as otherwise specified during the ordering process, and are renewable thereafter for such terms as are specified during the renewal process.

      Any renewal of your Services with us is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable fees at the time of renewal and, in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. Except with respect to Services to which you subscribe on a monthly or other recurring basis, which will automatically renew on a recurring basis until the Agreement is terminated in accordance with its terms, we will attempt to provide you a renewal reminder prior to the renewal of your Services at least fifteen (15) days in advance of the renewal date. In the case of domain name registrations, Register.com will attempt to send several notifications by email to the registered account holder, administrative contact and/or registrant on file for the domain name registration. Additional payment terms apply to certain Register.com Services as set forth in this Agreement.

      You agree to pay all value added, sales and other taxes (other than taxes based on Register.com's income) related to the Services provided to you hereunder. All payments of fees for the Services provided by Register.com shall be made in U.S. dollars. All amounts not paid when due will accrue interest as a late charge of 1.5% per month or other recurring billing period, or the maximum amount allowed by law, whichever is less. In addition, you agree to pay all costs of collection, including costs of litigation and reasonable attorneys' fees.

      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 service or renewal fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in Register.com's sole discretion, with or without notice to you, or, in the case of a domain name, transferred to Register.com as the entity that has paid the applicable fee to the registry or otherwise modify the contact information in the WHOIS record for such domain name registration to include Register.com's contact information or that of a third party. In addition, we reserve all rights regarding such domain name registration including, without limitation, the right to (i) make the domain name registration available to other parties for purchase; and (ii) to disable the DNS so that the domain name no longer resolves on the Internet, or to direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, Register.com's Website, Register.com's product and service offerings, third-party Websites, third-party product and service offerings, and/or Internet search engines, as well as advertise the sale or auction of such domain name registration. We will reinstate any such Service solely at our discretion, and subject to our receipt of the applicable Service or renewal fee AND our then-current reinstatement fee.

      ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE 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, without prior notice to you.

      You acknowledge and agree that, to the extent necessary, it is your responsibility to: (i) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (ii) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. You acknowledge that you assume all risk and all consequences if you wait until close to or after the end of a Service term to attempt to renew such Service. If a Service is not successfully renewed prior to the expiration of its then-current term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed, even if a registry administrator or third party service provider provides a grace period to Register.com upon expiration or termination of such Service. You acknowledge that post-expiration renewal or redemption processes implemented on your behalf are at our discretion, and subject to receipt of the applicable Service or renewal fee AND our then current reinstatement and/or reconstruction fee, as applicable.

      With respect to domain names you agree that we may, but are not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. You further acknowledge and agree that Register.com may, upon expiration or termination of the domain name, elect, at its sole discretion, to: (i) delete the domain name, (ii) renew the domain name on behalf of itself or a third party, (iii) sell or auction the domain name; or (iv) otherwise make such domain name available to third parties. Any expired domain name that is not sold, renewed or otherwise made available to a third party will generally be deleted between thirty-five (35) and forty-five (45) days from the expiration date.

      In addition, you agree that following the expiration of a domain name registration, Register.com may elect to direct the domain name to an IP address designated by Register.com that states the domain name registration has expired with instructions for renewal for an additional fee and/or further direct the domain name to an IP address designated by Register.com which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, Register.com's Website, Register.com's product and service offerings, third-party Websites, third-party product and service offerings, and/or Internet search engines, as well as advertise the sale or auction of the expired domain name. Additionally, you agree that we may modify the contact information in the WHOIS record for the expired domain name registration to include Register.com's contact information or that of a third party.

    2. Services Enrolled in Automatic Renewal

      Unless you affirmatively decline participation, the following Services will be enrolled in Register.com's Automatic Renewal service (i.e., "SafeRenew"):

      • .domain name registrations;
      • Web Site Forwarding;
      • electronic mail;
      • Hosted Exchange;
      • Website hosting (annual plan); and
      • Website building
      • Private Domain Registration.

      The Automatic Renewal service is provided as a courtesy and helps to prevent the unwanted deletion or termination of a Service. For gTLDs, such service will attempt to renew your Services on or about the renewal date for a one (1) year term (or such longer term as may be required by a particular registry administrator) by charging the credit card designated for the Service(s) in account manager the then-current retail price for such renewals. For ccTLDs, because of the complexity of ccTLD renewals, such service will attempt to renew your related Services approximately forty-five (45) days before the renewal date of a ccTLD. For other Register.com Services, the automatic renewal service will attempt to renew your Services for one-year, one-month or other applicable recurring term, in accordance with your then-current term of service, using the credit card designated for such Services in the account manager. The automatic renewal service is provided as a convenience for you but in no way guarantees a desired renewal. It is your obligation affirmatively to renew any desired Service. In addition, Register.com has no obligation to renew your Services if the credit card designated for your Services is not accepted according to Register.com's payment processing systems.

      You also acknowledge and agree that if you do not want Register.com's automatic renewal service to apply to your Services, you must affirmatively choose not to participate in (i.e., opt out of) this automatic renewal service by contacting customer service by clicking here or by visiting the following pages of our web site by clicking here. For services that are billed monthly or in some other similar recurring frequency (i.e., less than an annual term), to terminate automatic renewal, you need simply to cancel your Services. Your failure to affirmatively opt out of or terminate the automatic renewal service constitutes your authorization and consent for Register.com to attempt automatically to charge your credit card the then-current retail price for such renewal.

    3. Services NOT Enrolled in Automatic Renewal

      If you receive Services other than those described in the above Section, such Services will NOT be enrolled in our automatic renewal service unless you "opt in" to our automatic renewal service in accordance with the instructions (and subject to your agreement to the terms and conditions pertaining to that service) on our Website.

    4. Free Services

      Register.com may, from time to time and at our sole discretion, offer free email, Website hosting or other services to our customers. Customers are required to use these services regularly to keep the accounts active, and Register.com reserves the right to terminate free accounts that remain idle for a period of sixty (60) days. Free Services may not be provisioned until such time as the customer configures the account and logs in for the first time. It is your responsibility to keep your Free Service in active status by regularly logging into your account.

    5. Your Obligations

      Regardless of whether you are enrolled in any of our automatic renewal programs, you are solely responsible for the credit card and billing contact information you, your agents or Assignees (as further defined herein) provide to Register.com and you acknowledge and agree that you will promptly inform Register.com of any changes thereto (e.g., change of expiration date or account number).

      You are solely responsible for ensuring the Services are renewed. REGISTER.COM SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.

      You are further responsible for the following hereunder (whereby failure to adhere to these obligations shall constitute a material breach of this Agreement):

      • providing current and updated Customer information (including Customer's name, address, email address, postal address, phone and fax numbers, etc.) for Register.com's use in contacting Customer regarding the Services and otherwise as necessary in regards to the Services, and checking those points of contact throughout the Term of this Agreement for notices and/or updates from Register.com;
      • providing all necessary information, data, text, music, sound, images, photographs, graphics, video, messages, tags and custom images (including, but not limited to, design, pamphlets, brochures, logos, and other images) and other materials ("Content") to be used in connection with a Customer website or online store ("Website") or otherwise for use in conjunction with the Services, other than that Content which Register.com expressly agrees to supply;
      • acquiring any authorizations necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties;
      • contacting Register.com for all changes, modifications, and enhancements to the Website and/or Services starting from the date of sale and otherwise remaining engaged in the related processes;
      • providing Register.com with unrestricted access to the Website and/or related accounts as needed for Register.com to provide the Services hereunder;
      • granting to Register.com and its subcontractors the necessary rights and licenses with respect to the Website, the Content and other materials related thereto in order to carry out obligations hereunder;
      • allowing Register.com to make a reasonable number of archival or back-up copies of the Website as deemed necessary by Register.com in providing the Services;
      • ensuring that Customer maintains a current and complete backup of their Content at all times;
      • obtaining Internet connectivity to access the Website, to send and receive e-mail, and to otherwise access and utilize the Internet;
      • reviewing and adhering to any end-user facing policies and/or terms provided by Register.com for use on a Customer website (i.e. a Customer privacy policy), and further revising any such policy to accurately reflect Customer's business practices; and
      • contacting Register.com with notice of your decision to cancel or discontinue the Services that do not expressly terminate automatically in accordance with this Agreement. IF NO SUCH NOTIFICATION IS GIVEN TO REGISTER.COM BY CUSTOMER, REGISTER.COM WILL ASSUME CUSTOMER IS SATISFIED WITH AND ACCEPTS ALL SERVICES, AND REGISTER.COM WILL BILL ANY RELATED SERVICE FEES DIRECTLY TO CUSTOMER'S CREDIT CARD, ACCOUNT, OR OTHER PAYMENT METHOD PROVIDED OR IDENTIFIED BY CUSTOMER.
  24. Customer Representations and Warranties

    Customer hereby represents and warrants as follows:

    • Customer can form legally binding contracts under applicable law;
    • Customer is at least eighteen years old and is responsible for supervising the activities of any under-age user;
    • to Customer's knowledge, there is no action, proceeding, or investigation pending or threatened which questions, directly or indirectly, the validity or enforceability of this Agreement;
    • entering into this Agreement or otherwise purchasing the Services will not conflict with, or result in a breach of, the terms, conditions or provisions of, or constitute a default, or result in a termination of, any agreement or instrument to which the Customer is a party;
    • Customer has taken all actions required by applicable law, and have obtained all consents which are necessary to authorize or enable it to enter into this Agreement and/or purchase the Services;
    • to the extent that Customer is a business entity, the individual ordering the Services or otherwise entering into this Agreement on behalf of Customer has been duly authorized and are empowered to bind Customer to this Agreement;
    • Customer shall ensure the accuracy of materials provided to Register.com, including, without limitation, Content, descriptive claims, warranties, guarantees, nature of business, and contact information for Customer;
    • Customer shall acquire any authorizations necessary for hypertext links to third party websites used on the Website or otherwise in conjunction with the Services;
    • to the extent Customer gathers any personal information about visitors to the Website, Customer shall not share that personal information with any third party without first obtaining a visitor's consent;
    • Customer will not provide Content or other materials, or use the Services in any manner that infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right, and will further not use the Services as a mechanism designed to facilitate such infringement; and
    • Customer's Content, other materials provided in conjunction with the Services, and use of the Services shall in all respects conform to all applicable federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders (including those governing the export of technical information).

    • Customer further represents and warrants that they will not provide or use any Content or other materials or use the Services or the Website in a manner deemed to be any of the following:

      • encouraging illegal or criminal conduct;
      • promoting, facilitating or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities;
      • promoting or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property;
      • offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity;
      • pornographic or obscene in any manner whatsoever;
      • violent or encouraging violence;
      • disparaging, defamatory, libelous, or results in an invasion of privacy;
      • containing any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data or personal information;
      • intentionally holding Register.com or their employees, directors or stockholders up to public scorn, ridicule, or defamation; or
      • stating or implying that the Website is placed by Register.com or any party with a contractual relationship with Register.com, or that such parties endorse Customer's products or services.


      • For all domain names or uniform resource locators used by Customer in conjunction with the Services (collectively the "URL's"), Customer represents and warrants that any name or word submitted to be used as all or part of a domain name or URL does not infringe any trademark or domain name rights of any third party. Moreover, Customer further represents and warrants that it has a present good faith intention to use any domain name or URL it requests in connection with the Services and that it is not merely "cybersquatting" (i.e., obtaining the a domain name merely to attempt to sell the rights to the domain name or subdomain to some third party).

        Customer further represents and warrants that they will use the Services in accordance with Register.com's Acceptable Use Policy and in a manner that does not interfere with or disrupt other network users, services, or equipment. Without limiting any of its other rights set forth herein, Register.com reserves the right to terminate or suspend any and all Services without notice if any such interference is determined by Register.com to exist. Such interference or disruption includes, but is not limited to:

        • scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums;
        • propagation of computer worms or viruses; and/or
        • use of the network to make unauthorized entry to other computational, information, or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.


  25. For any and all end-user facing policies and/or terms provided by Register.com to Customer for use on a Customer website (i.e. a Customer privacy policy), Customer represents and warrants that Customer shall review any such policy and that Customer shall fully adhere to any such policy and that it is Customer's responsibility to revise any such policy to accurately reflect Customer business practices.

  26. Reservation of Rights

    Without limiting other remedies or any of its other rights set forth herein, Register.com reserves the right to revoke any and all licenses granted hereunder, revoke access to the Services, or to otherwise limit, deny, terminate, or suspend, in whole or in part, any and all Services without notice if (i) Customer fails to pay any fees owed under this Agreement when due, or (ii) in Register.com's sole discretion, the Services are used, or to be used, in a manner that is improper, illegal, in contravention of any of the representations or warranties made by Customer herein, or would otherwise amount to a breach of this Agreement or the documents or policies it incorporates by reference.

    Register.com further reserves the right to reject, alter, modify, or remove a Website, domain name, URL, or any Content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which Register.com deems, in its sole discretion, to be improper, illegal, in contravention of any of the representations or warranties made by Customer herein, or otherwise in breach of this Agreement or the documents or policies it incorporates by reference, and where necessary Register.com will also actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer as well as any Services, Websites, domain names, URL's, Content and those persons that may have accessed any of the foregoing. Notwithstanding the foregoing, Customer acknowledges and agrees that Register.com shall have no obligation to review any Content.

    Register.com further reserves the right to modify the Services, at its sole discretion, either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Web.com may provide notice to you in accordance with this Agreement regarding any such modification of the Services. You agree that Register.com shall not be liable to you or any third party for any such modification of the Services.

    Moreover, Register.com further reserves the right to use Customer's domain name and Website screen shots in Register.com's portfolio and/or other advertising and promotional materials.

  27. User Name and Password; Account Manager

    1. Your Responsibility

      The first time you apply to use Register.com's services, you will be asked to select a username and password. That username and password are the means through which you access certain of the Services. You acknowledge and agree that it is your responsibility to safeguard the username, password and any secret question/answer you select from any unauthorized use, including by your agents and Assignees. IN NO EVENT WILL REGISTER.COM BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USERNAME OR PASSWORD.

      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 certain records concerning your Service(s). Those users with access to our 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 the 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 the 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 the account manager may take as long as seventy-two (72) hours to become effective or may not become effective at all.

    2. Assigning Rights to Manage Your Domain

      A Registrant may assign certain rights to manage his, her or its account (including all domain names and other services purchased through the account) to the Administrative Contact and/or the Technical Contact of the domain name and/or the account (the "Assignees"). The rights assignable by the Registrant include, for example, the right to manage the domain name servers, email, Website forwarding, Website hosting and any other services associated with a domain name, and the right to purchase and/or renew all such services on behalf of the Registrant. To see which rights are assignable by a Registrant, and how they may be assigned, click here.

      You agree that if you assign any rights to manage your domain name to an Assignee, YOU WILL BE JOINTLY AND SEVERALLY RESPONSIBLE, WITH THE ASSIGNEE, FOR ALL OF THE ASSIGNEE'S ACTIONS, AS YOUR AUTHORIZED AGENT, AND REGISTER.COM WILL HAVE NO LIABILITY FOR THE ACTIONS OF YOUR ASSIGNEE. Assignees have no rights under, and are not intended beneficiaries of, this Agreement. A Registrant may revoke the rights granted to an Assignee at any time by changing the rights delegation settings in account manager, or by contacting customer service. Before an Assignee may manage a domain name, the Assignee must first agree to abide by the terms and conditions of this Agreement.

      When assigning such rights, a Registrant should never share its username and password with an Assignee. Assignees are given their own usernames and confidential passwords, which allow them to perform the rights delegated to them by the Registrant.

  28. Security

    You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under that account and in connection with your use of the Services, and for any other actions taken in connection with a registered domain name, including those of your agents, assignees and other users to whom you give e-mail accounts associated with your domain names ("E-mail Users"). You agree to notify Register.com immediately of any unauthorized uses of the account or any other breaches of security. You acknowledge and agree that Register.com cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, from shared or unsecured user names and passwords, or for any acts or omissions, of you or any of your agents, assignees or E-Mail Users, including any damages of any kind incurred as a result of such acts or omissions.

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

    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, or for any other reason in Register.com's sole discretion.

    Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (i) revise the terms and conditions of this Agreement; and/or (ii) change the Services provided under this Agreement, in whole or in part, at any time (including, without limitation, changing service providers or subcontractors for e-mail and other Services provided under Register.com's name). Any such revision or change will be binding and effective immediately after posting of the revised Agreement or change to the Services on our Website, or upon transmission to you at the e-mail address fax number or postal address (by United States mail) provided by you for the registrant or administrative contact of your domain name, or such other contact information as you may provide in connection with any Services purchased from Register.com. Your continued use of any Services purchased through 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 request that your Services be cancelled or that your domain name registration be transferred to a different domain name registrar. You acknowledge and agree that such 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 from time to time.

    Except as set forth in this Section, no employee, contractor, agent or representative of Register.com or its subsidiaries is authorized to alter or amend the terms and conditions of this Agreement except by means of a written document signed by you and an authorized officer of Register.com.

  30. Information and Its Use

    You hereby acknowledge and agree that, in connection with your use of certain of Register.com's services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.

    In addition to such other information that Register.com may require you to provide in order to obtain the Services, Register.com requires that you submit the following information in connection with domain name registration, administration and renewal services.

    1. Domain Name Registration, Administration and Renewal Services

      The information you are obligated to provide and keep current in connection with your use of Register.com's domain name registration, administration, and renewal services is the following:

      1. Your full name (or the name of the entity and authorized contact person, if registration is for an organization, corporation or association), postal address, email address, voice telephone number, and fax number, where available;
      2. The domain name being registered; and
      3. The name, postal address, email address, voice telephone number, and where available, fax number for the registrant, administrative contact, technical contact and billing contact for the domain name registration.
      You acknowledge and agree that when you renew a 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, the registration may not be renewed, in Register.com's sole discretion.

    2. Additional Information Maintained

      In addition to the information you provide, we maintain records relating to any domain name application received by Register.com, as well as any domain name registered through, administered, or renewed by 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 registration, renewal, or request for Services;
      2. The submission date and time of a registration or renewal application, or request for Services 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 various contacts for the Services;
      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 Services.
    3. Accurate Data

      In the event that (i) in applying for Service(s) or the registration of a domain name you are providing information about 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) 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 a sufficient basis for cancellation of your domain name registration or Services, in our sole discretion. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to an inquiry 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 a sufficient basis for cancellation of your domain name registration.

      Without limiting your obligations under this Section of the Agreement, you agree that Register.com (itself or through its third party service providers) is authorized, but not obligated, to use certain address or billing correction services to update and/or to change any address or billing information associated with your account (including, without limitation, registrant address, billing contact address, and credit card information), and you agree that Register.com may use such changed information for all purposes in connection with your account (including the sending of renewal notices or invoices or for automatic renewal charges).

    4. Disclosure and Use of Information

      You acknowledge and agree that, pursuant to Register.com's Privacy Policy (please click here to see Register.com's Privacy Policy), 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, including, but not limited to, making publicly available, or directly available, some or all of such information: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to respond to criminal and civil subpoenas and court orders that reasonably appear to be valid; (iii) in connection with the sale of all or certain of our assets; (iv) to enforce or apply the terms of this Agreement; and (v) to protect the rights, property, or safety of Register.com, our users, or others, whether during or after the term of your use of the Service.

      You further acknowledge and agree that Register.com 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. One of the ways that Register.com may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with Register.com. Please click here to refer to Register.com's bulk WHOIS data policies and click here if you would like your WHOIS information made available for bulk access. Register.com reserves the right to discontinue providing bulk WHOIS data access to third parties.

      You hereby consent to any and all such disclosures and use of, 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 any Services (including any updates to such information), whether during or after the term of your registration of a domain name or other 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

      You acknowledge and agree that 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.

  31. Ownership of Data

    You acknowledge and agree that Register.com owns all database, compilation, collective and similar rights, title and interest 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: (i) the original creation date of a domain name registration or other Service, (ii) the expiration date of a domain name registration or other Service, (iii) the name, postal address, email address, voice telephone number, and where available fax number of the contact person for a Service, or of the registrant contact, technical contact, administrative contact, zone contact and billing contact for a domain name registration, (iv) any other information concerning a registered domain name or Service that appears or may appear in a WHOIS database or Register.com database, and (v) any other information we generate or obtain in connection with the provision of the 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 and Register.com databases, as set forth in this Section.

  32. Transfers; Agents and Licenses

    You agree that you may not transfer a domain name registration to another domain name registrar during the first sixty (60) days from the effective date of the initial domain name registration with us, or at any time after its expiration date unless the domain name is renewed with Register.com prior to initiation of the transfer of registrar. After that time, you may transfer your domain name registration to a third party domain name registrar of your choice, subject to our then-current policies and procedures incorporated herein by reference. (click here for our specific transfer policies and procedures).

    You agree that, if you are using the Services for someone else, you represent and warrant that you have: (i) provided notice to that third party of your intent to purchase the Services; (ii) obtained that third party's express consent to purchase the Services on its behalf; and (iii) the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the UDRP. (Click here for a current copy of the UDRP.) You accept liability for harm caused by wrongful use of the Services.

    You agree that if you license the use of a domain name or other Service registered in your name to a third party, you nonetheless remain the Service 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 registration or Service. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name registration, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

  33. System Performance Degradation

    Register.com depends upon its own and third party, including registry administrators, computer systems to provide the Services, and to provide timely information to Register.com's customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data, service requests, processes, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, Register.com reserves the right, in its sole discretion, to filter or block electronic messages, data and/or processes originating from or traveling to the identified sources of the high volume traffic. Register.com will attempt to 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.

    Finally, you acknowledge and agree that if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in Register.com's absolute discretion.

  34. Limitation of Liability

    YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT REGISTER.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (i) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S), (ii) USE OF OR INABILITY TO USE THE SERVICE(S), (iii) INTERRUPTION OF BUSINESS, (iv) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR A SERVICE (INCLUDING, WITHOUT LIMITATION, TO WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME), (v) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (vi) EVENTS BEYOND REGISTER.COM'S AND SUBCONTRACTOR'S REASONABLE CONTROL, (vii) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (viii) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR REGISTER.COM POLICY (INCLUDING, WITHOUT LIMITATION, ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES), (ix) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (x) TRANSACTIONS CONDUCTED ON A USER WEB SITE, INCLUDING FRAUDULENT TRANSACTIONS; (xi) LOSS INCURRED IN CONNECTION WITH YOUR SERVICE(S), INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (xii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (xiii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICE(S), OR (xiv) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE(S). REGISTER.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES) 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 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.

  35. Indemnification

    You agree to defend, indemnify and hold harmless Register.com, its parents, subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to (i) your use of or connection to the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular Service registered in your name, (ii) your use of any domain name registration or other Service; (iii) your Website content or any other content or materials you provide or otherwise use in conjunction with the Services; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; (iv) your failure to perform in accordance with this Agreement; (v) your violation of the Register.com Acceptable Use Policy; or (vi) your violation of any rights of others. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

    You additionally agree to indemnify, defend and hold harmless the applicable 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 application for and registration of, renewal of, or failure to register or renew, a particular domain name. You agree that this indemnification obligation shall survive the termination or expiration of this Agreement.

    You agree to give prompt written notice to Register.com upon the receipt of notice of any claim by a third party against you which might give rise to a claim against Register.com, stating the nature and the basis of such claim and, if ascertainable, the amount thereof.

  36. Disclaimer of Warranties

    THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," AS AVAILABLE BASIS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR ABOVE IN THIS AGREEMENT, REGISTER.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES.

    REGISTER.COM FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY: (i) THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR (iv) THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

    NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY REGISTER.COM, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. 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.

  37. Suspension, Cancellation, Transfer or Modification of Service(s)

    You acknowledge and agree that Register.com may suspend, cancel, transfer or modify the Services and/or your use thereof at any time, for any reason, in Register.com's sole discretion and without notice to you. You also acknowledge and agree that Register.com shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. Without limiting the foregoing, Register.com may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration or your other use of the Services, without notice to you (i) to correct mistakes made by Register.com, another registrar, or the applicable registry administrator, (ii) to resolve a dispute related to that domain name, (iii) within thirty (30) calendar days of the creation date of that domain name registration, (iv) if you materially breach this Agreement (including any applicable additional rule or policy), (v) if 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, (vi) if you or your use of a domain name, Website, or the Services is determined, in Register.com's sole discretion, to violate the Register.com Acceptable Use Policy, or (vii) if you use a domain name, Website or the Services in connection with any prohibited, improper, questionable, infringing or 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) any ICANN adopted policy, (iii) any registrar (including Register.com) or registry administrator procedures, or (iv) any other ccTLD registry administrator 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 what reasonably appears to be (a) an authentic notification from a court of competent jurisdiction, or (b) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

  38. Governing Law & Jurisdiction

    Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration, 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 Florida, without regard to conflict of laws principles, as if the Agreement was a contract wholly entered into and wholly performed within Duval County in the State of Florida.

    Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration, any judicial proceeding relating to or arising out of this Agreement or the Services shall be instituted only in a federal or state court of competent jurisdiction in Duval County in the State of Florida, and you consent to the personal jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non conveniens or to otherwise seek a change of venue. You also agree to waive the right to trial by jury in any action that takes place relating to or arising out of this Agreement or the Services.

    Notwithstanding the forgoing, for the adjudication of third party disputes (i.e., disputes between yourself and another party, not Register.com) 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 (i) of the domain name holder's domicile, and (ii) where Register.com's principal place of business is located, currently Jacksonville, Florida.

  39. Entire Agreement; Section Headings

    This Agreement, as well as any additional Register.com terms and conditions, rules, policies, and service agreements, together with all modifications thereto, constitute the entire agreement between you and Register.com concerning your use of the Services and any other subject matter related to this Agreement, and supersedes and governs all prior proposals, agreements or other communications between you and Register.com (including, but not limited to, any prior versions of this Agreement). Except as expressly set forth herein, you may not waive, modify or supplement this Agreement, in whole or in part, except for written permission or amendment by Register.com. Register.com reserves the right to unilaterally modify and revise the Agreement from time to time as further stipulated above.

    You also may be subject to additional terms and conditions that may apply when you use third party, affiliate or other Register.com Services, third-party content or third-party software. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

  40. Notices

    Notice to you hereunder shall be deemed effective when (i) sent via e-mail to the last known Customer contact e-mail address; (ii) sent via fax to the last known Customer fax number; (iii) sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to the last known Customer mailing address; or (iv) posted on the Register.com Website and/or on any of the applicable pages linked thereto, as updated from time to time.

    All mail notices shall be effective upon receipt, email and fax notices shall be effective upon transmission and all Website notices shall be effective immediately upon posting to the Register.com Website. FOR PURPOSES OF GIVING NOTICE UNDER THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT CONTACT INFORMATION MAY ONLY BE UPDATED BY FOLLOWING THE INSTRUCTIONS POSTED ON REGISTER.COM'S WEBSITE. REGISTER.COM SHALL HAVE NO OBLIGATION TO ATTEMPT TO CONTACT YOU AT ANY OTHER CONTACT INFORMATION THAT YOU MAY PROVIDE TO REGISTER.COM CUSTOMER SERVICE OR OTHERWISE.

    By providing such contact information to Register.com, you agree that Register.com may use the information you have provided to contact you via email, postal mail, telephone or fax in any format or manner. Register.com may, but shall have no obligation to, send a single notice by various means of delivery (i.e., fax, email, certified mail or express mail). In no event shall Register.com be liable to you for choosing to send notice to one address, or by one means of delivery, and not others.

    Unless otherwise provided for herein or on the Register.com Website, notice may be provided to Register.com hereunder by contacting Register.com customer support.

  41. Conflicts with other Agreements

    In the event of any conflict between this Agreement and the terms and conditions governing your use of any Services provided by Register.com's third party service providers or any registry administrator, the terms and conditions of this Agreement shall govern as it relates to any rights, obligations and remedies as between you and Register.com.

  42. Force Majeure

    Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this Section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Register.com may immediately terminate this Agreement and shall have no liability therefore.

  43. Prohibited Transactions

    Customer warrants that Customer is not, nor is Customer acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control ("OFAC"). In addition, Customer is not, nor is Customer acting on behalf of any person or entity that is, a Specially Designated National ("SDN"), as OFAC may so designate from time to time. In addition to all other rights and remedies available to Register.com under this Agreement, and at law and in equity, Customer's breach of this Section shall result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Customer under this Agreement.

  44. General

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

    Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without Register.com's prior express written consent.

    Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by Register.com to any non-party or Assignee to this Agreement.

    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 Services may be obtained by going to the pricing schedule on our Web site or any other Web site operated by Register.com. 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.