Customer Support     Log In Cart Icon Cart (0)
Speak to a web expert. Call us toll free at 
1.888.734.4783
MASTER SERVICES AGREEMENT
last updated August 29, 2002
for the current Services Agreement click here


This Services Agreement (as it may be amended by us from time to time in accordance with Section 8, "Agreement") between you ("you", "your" or "Customer") and Register.com, Inc. ("Register.com") sets forth the terms and conditions of your use of the services set forth herein (collectively, the "Services").

This Agreement explains our obligations to you, and your obligations to us in relation to the Service(s). When you or someone else you have permitted, uses, modifies or cancels the Service(s) 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 any additional rules or policies that are or may be established by Register.com from time to time. Sections 6 through 21 apply to any and all services provided by Register.com. Sections 1 through 5 apply only to customers who have requested or obtained the Services referenced in those Sections.

This Agreement as well as any additional Register.com rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Register.com concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications.

Table of Contents
  1. Domain Name Registration, Administration, and Renewal Services
  2. FirstStepPortal(sm)
  3. Site Submit
  4. FirstStepSite® and WebSiteNOW!(sm)
  5. Electronic Mail
  6. Fees, Payment; Renewals (including automatic renewal)
  7. User Name and Password; Account Manager
  8. Changes to this Agreement or to Additional Rules or Policies
  9. Information and Its Use
  10. Ownership of Data
  11. Transfers; Agents and Licenses
  12. System Performance Degradation
  13. Limitation of Liability
  14. Indemnification
  15. Representations and Warranties
  16. Suspension, Cancellation, Transfer or Modification of Service(s)
  17. Governing Law
  18. Notices
  19. Conflicts with Other Agreements
  20. Force Majeure
  21. General

  1. Domain Name Registration, Administration and Renewal Services

    1. gTLD Registrations and Renewals

      Register.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for various generic top-level domain names including .com, .net, .org, .biz, .info and .name ("gTLDs"). Register.com also accepts applications to register and renew certain gTLD names in non-roman alphabet languages (e.g., Japanese, Chinese, and Korean).

      You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals. (Click here for a current copy of the UDRP.)

      Additional terms and conditions apply to the registration, administration and renewal of the .info, .biz and .name gTLDs and such terms and conditions can be accessed by clicking here.

    2. ccTLD Registration, Administration, and Renewal

      In addition to registering and renewing gTLD domain name registratons, Register.com also registers and renews 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.)

    3. No Guarantee of Registration or Renewal

      As a domain name registrar, Register.com is, upon accepting your application to register or renew a domain name, 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 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. 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 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.

    4. 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 (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or Register.com's rules or policies. 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.

    5. Domain Name Registrant

      Register.com considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name and that entity is your agent with full authority to act on your behalf with respect to the domain name registration or any other services obtained from Register.com, including (but not limited to) the authority to terminate, transfer (where permitted by the Agreement), or modify such services, or obtain additional services.

    6. 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 such things as, without limitation (i) links to additional products and services offered by Register.com, (ii) advertisements for products and services offered by third-parties, and (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.

    7. No Guarantee of Proper Translation

      You acknowledge and agree that Register.com cannot guarantee that its non-roman alphabet language registration service will be error-free, in that Register.com cannot know with certainty whether or not the non-roman alphabet language domain name you are seeking to register or renew will be translated properly by the Internationalized Domain Name System. Furthermore, you acknowledge that Register.com or the registry administrator may be required to suspend, modify or cancel your non-roman alphabet language registration in order to comply with new ICANN or IETF rules, regulations or standards that apply to such registrations.

  2. FirstStepPortal(sm)

    FirstStepPortal (URL forwarding) provides you with the capability to forward visitors to a domain name residing on Register.com's DNS servers to a Web site designated by you (a "forward to address").

    You acknowledge and agree that your use of FirstStepPortal is subject to the terms of this Agreement. You further acknowledge and agree that you may use FirstStepPortal to link your domain name to a forward to address, but you may not use FirstStepPortal for unlawful purposes, in violation of any applicable laws or regulations, in violation of Register.com's rules or policies, or for the forwarding of a domain name not registered in your name, or the forwarding to an invalid forward to address.

  3. Site Submit(sm)

    Site Submit forwards certain information submitted by you regarding certain Web sites to certain Internet search engine and directory sites. Site Submit further re-forwards the information submitted by you once per month for a period of one year from the date of your initial submission.

    By using Site Submit, you are agreeing to be bound by the rules and regulations set forth by the sites to which your submission(s) are forwarded from time to time for those respective sites only.

    You acknowledge and agree that Register.com does not guarantee that your Site Submit submission will be listed in each of the search engine and directory sites to which that submission has been forwarded. Register.com is not affiliated with, nor does it control those sites. You further acknowledge and agree that Register.com or search engine or directory sites may elect to accept or reject your submission(s) for any reason at their sole discretion, such rejection including, but not limited to, rejection due to a submission concerning a site which engages in or promotes illegal activity. You also acknowledge and agree that Register.com is not liable or responsible in any way for any errors, omissions, delays, or any other actions by Register.com or any search engine or directory site to which your submission is forwarded, including, but not limited to any errors arising out of or related to the forwarding of your submission, or the listing of or failure to list your submission. You additionally agree to indemnify, defend and hold harmless all applicable site administrators and their 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 submission, or the listing or failure to list your submission.

    Unless you cancel the Site Submit service within the first 60 days of the date of your initial submission, all Site Submit fees are non-refundable, in whole or in part, even if your submissions are not accepted or are subsequently removed or if your domain name registration is cancelled.

    Your Site Submit submission will not be forwarded until we receive actual payment of the applicable fees.

  4. FirstStepSite® and WebSiteNOW!(sm)

    FirstStepSite and WebSiteNOW! provide the ability to create and post Web sites ("User Web Sites"). (Click here for the specific features of the FirstStepSite and click here for the specific features of WebSiteNOW!.)

    You agree and acknowledge that your use of the FirstStepSite and WebSiteNOW! service is entirely at your own risk, and that Register.com makes no implied or express warranties about the reliability of the FirstStepSite and WebSiteNOW! services or Web sites created using the FirstStepSite and WebSiteNOW! services. You further agree and acknowledge that Register.com is not responsible for any damage caused by loss of access to, or deletion or alteration of User Web Sites.

    You agree and acknowledge that you are fully responsible for your actions and User Web Sites, including, but not limited to any content, including but not limited to, opinions or views expressed in those Web sites. You further agree and acknowledge that Register.com may remove or delete any User Web Sites or any portion thereof that Register.com deems unacceptable for any reason, and may suspend or cancel without prior notice your access to and use of the FirstStepSite and the WebSiteNOW! services for any violation of the terms and conditions in this Agreement, in Register.com's sole discretion, and without prior notice to you.

    You agree and acknowledge that Register.com may place advertising banners into any Web site(s) created with the FirstStepSite service.

    You agree to abide by all applicable local, state, national and international laws and regulations, including laws protecting Intellectual Property in all forms (e.g., copyrights, trademarks and patents), in connection with your use of the FirstStepSite and WebSiteNOW! services.

    Additional terms and conditions apply to the WebSiteNOW! Service and can be accessed by clicking here. Such terms and conditions are incorporated by reference into this Agreement.

    1. Prohibited Conduct

      You agree that the following is a non-exclusive list of actions on User Web Sites that are not permitted:

      1. the uploading, posting or otherwise transmitting of any User content on Web Sites that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

      2. the impersonation of any person or entity, including, but not limited to, a Register.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

      3. the forgery of any headers or other manipulation of identifiers in order to disguise the origin of any User Web Site transmitted through the FirstStepSite service or the development of restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

      4. the uploading, posting or other transmittal of any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

      5. the uploading, posting or other transmittal any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

      6. the uploading, posting or other transmittal of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

      7. the uploading, posting or other transmittal of any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      8. disrupting the normal flow of dialogue, cause a screen to "scroll" faster than other users of the FirstStepSite service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

      9. intentionally or unintentionally violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

      10. "stalking" or otherwise harassing another;

      11. collecting or storing personal data about other users;

      12. promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

      13. the use of your User Web Sites as storage for remote loading or as a door or signpost to another home page;

      14. engaging in commercial activities without enrolling in Register.com-approved affiliate programs. This includes, but is not limited to, the following activities:

        offering for sale any products or services; soliciting for advertisers or sponsors; conducting raffles or contests that require any type of entry fee; displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services; and displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.

      15. removing, modifying or hiding any of the advertising banners inserted into your User Web Sites;

      16. the placement of advertising banners into your User Web Sites apart from your logo, if any;

      17. exporting software or technical information in violation of U.S. export control laws;

      18. attempting to access the accounts of others, or attempting to penetrate security measures of Register.com or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;

      19. sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of Register.com's service, Register.com's equipment or any Register.com electronic mail address;

      20. posting any MP3 format files;

      21. installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines that generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others;

      22. any resale or any exploitation for any commercial purposes of Register.com services, including but not limited to, the FirstStepSite service, by any and all means unless approved in advance in writing by Register.com.

  5. Electronic Mail

    Register.com's electronic mail service provides you with the capability to send and receive electronic mail via the Internet.

    Register.com has set no fixed upper limit on the number of messages you may send or receive through its electronic mail service; however, there is a limit on the storage space associated with your electronic mail account (to view the storage space associated with your electronic mail account please click here). Notwithstanding the foregoing, Register.com retains the right, at Register.com' sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our electronic mail services to other customers and to protect our computer systems

    You agree to be bound by the applicable provisions of the Register.com's Acceptable Use Policy which may be accessed by clicking here, 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 (currently, Critical Path, Inc.), 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. Register.com or Contractor may terminate your electronic mail service if your conduct is found to be unlawful, inconsistent with, or in violation of, this Agreement or the Acceptable Use Policy By agreeing to the terms of this Agreement you acknowledge and agree that you are bound to the Acceptable Use Policy, as may be modified and updated from time to time by Contractor or Register.com.

    You acknowledge that your use of Register.com's electronic mail services, including the initiation or delivery of any unsolicited electronic mail messages, will use or cause to be used Contractor's equipment in the State of California and that violations of Contractor's rules and policies found by clicking here, may subject you, as applicable, to criminal or civil liability, including without limitation under California Business & Professions Code Section 17538.45.

    Register.com's electronic mail service is subject to scheduled (from 12:00 am pacific standard United States time to 3:00 am pacific standard United States time every Saturday) and unscheduled outages which will impact your ability to use the electronic mail service.

    In order to receive Register.com's electronic mail service, Register.com must host your domain name record. If you transfer your domain name record to a third party in conjunction with a live Web site or for any other reason or allow your domain name registration to expire, you will no longer be able to use Register.com's electronic mail service. Register.com will not refund fees, if any, you have paid for the electronic mail service if you elect to transfer your domain name record to a third party.

    Your right to use Register.com's electronic mail service is personal to you. You agree not to resell the electronic mail service, without the prior express written consent of Register.com. Register.com will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the law or comply with legal process served on Register.com; (2) protect and defend the rights or property of Register.com; or (3) act under exigent circumstances to protect the personal safety of our customers or the public.

    You acknowledge and agree that Register.com neither endorses the contents of any of your communications nor assumes responsibility for such content, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

    You acknowledge and agree that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of electronic mail service; or (4) conform to other similar requirements.

    You agree that Register.com shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of electronic mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

  6. Fees, Service Term, Renewal Reminders.

    1. Fees, Service Term, Renewal Reminders.

      As consideration for the Services, you agree to pay Register.com the applicable Service(s) fees set forth on our Web site at the time of you request the service from Register.com. All fees are due immediately and are non-refundable, except as otherwise expressly noted in one or more of Sections 1-5. Unless otherwise specified herein, each Register.com Service is for a one-year initial term (or in the case of domain name registrations, such longer term 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.

      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 Service 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 basis, 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 provide this reminder by email to the administrative contact on file for the domain name registration. Additional payment terms may apply to the 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 Service(s) provided to you hereunder. All payments of fees for the Service(s) provided by shall be made in U.S. dollars. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.

      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 fee, you acknowledge and agree that the domain name registration for which such fee has not been paid shall be transferred to Register.com as the entity that has paid the applicable fee to the registry, and that we reserve all rights regarding such domain name registration including, without limitation, the right to make the domain name registration available to other parties for purchase. We will reinstate any such domain name registration solely at our discretion, and subject to our receipt of the applicable fee and our then-current reinstatement fee, currently set at $200.

      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.

    2. Services Enrolled in Automatic Renewal.

      If the billing address provided by you is located in the United States and Canada, the following Services will be enrolled in Register.com's automatic renewal service (AutoRenew):

      1. .com, .net, .org, biz, .info, .name, .us and .tv domain name registrations;
      2. FirstStepPortal (URL forwarding); and
      3. electronic mail


      The automatic renewal service is provided as a courtesy and helps to prevent unwanted deletion of a Service. Such service will attempt to renew your Service(s) on the renewal date for a one year term (or such longer term as may be required by a particular registry administrator) by charging the most recent credit card on file with us for your account the then-current retail price for such renewal. The automatic renewal service is provided as a convenience for you but in no way guarantees a desired renewal. It is your obligation to affirmatively renew any desired Service. In addition, Register.com has no obligation to attempt to renew your Service if your most recent credit card on file with us for your account 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 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. Your failure to affirmatively opt out of the automatic renewal service constitutes your authorization and consent for Register.com to attempt to automatically charge your credit card the then-current retail price for such renewal.

    3. Services NOT Enrolled in Automatic Renewal.

      If you receive Service other than what is described in Section 6b.,

      OR

      if the billing address provided by you for any Service is located outside of the United States or Canada, such Service 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 Web site.

    4. 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 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.

  7. User Name and Password; Account Manager

    The first time you apply to use Register.com's services, you will be asked to select a User name and password. That User name 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 User name and password you select from any unauthorized use. IN NO EVENT WILL REGISTER.COM BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USER NAME 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 the zone file, DNS, IP, domain alias, MX Records and SOA WHOIS, and contact information for certain gTLDs names registered through or administered by Register.com, or registered by a Register.com cobrand or other reseller.

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

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

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

    You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that Register.com may modify this Agreement, as well as any additional rules or policies that are or may be published by Register.com, as necessary to comply with Register.com's ICANN agreement, or with any other agreements that Register.com is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances.

    Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our web site, or upon transmission to you at the e-mail address or postal address (by United States mail) provided by you as the administrative contact. Your continued use of any domain name registered 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 domain name registration be cancelled or 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.

    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.

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

      2. The domain name being registered; and

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

      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.

    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 service;

      2. The submission date and time of a registration or renewal application to us and by us to the proper registry;

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

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

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

      6. The corresponding names of those nameservers;

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

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

      9. Information regarding all other activity between you and us regarding your use of the services.

    3. Accurate Data

      In the event that (i) in applying for 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) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

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

      Without limiting your obligations under Section 6c. of this 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, credit card information), and you agree that Register.com may use and rely upon any such changed information for all purposes in connection with your account (including the sending of renewal notices or invoices or for automatic renewal charges) as though such changes had been made directly by you.

    4. Disclosure and Use of Information

      You acknowledge and agree that Register.com may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit. You further acknowledge and agree that 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.

      You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of 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

      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.

  10. Ownership of Data

    You acknowledge and agree that Register.com owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to Register.com a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Services. Register.com does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section 10.

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

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

  12. System Performance Degradation

    Register.com depends its own and third party, including registry administrators, computer systems to operate the domain name registration process, and that provides timely information to Register.com's customer service team.

    Occasionally, these computer systems are subjected to exceptional volumes of incoming service requests, 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 originating from 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.

  13. Limitation of Liability

    YOU AGREE THAT REGISTER.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S) (INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION OR RENEWAL SERVICES), (b) USE OF THE SERVICE(S) (INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES), (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND REGISTER.COM'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. REGISTER.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTER.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE 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.

  14. Indemnification

    You agree to defend, indemnify and hold harmless Register.com for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to (i) your use of the Services, including, but not limited to, your application for, registration of, renewal of or failure to register or renew a particular domain name registered in your name, and (ii) your use of any domain name registration. 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.

  15. Representations and Warranties

    In addition to representations in other Sections of this Agreement, you represent that, to the best of your knowledge and belief, neither the registration of the domain name you have applied for nor the manner in which it is intended to be or is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your use of the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, REGISTER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, REGISTER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

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

    You acknowledge and agree that Register.com may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in Register.com's sole discretion. Without limiting the foregoing, Register.com may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration (a) to correct mistakes made by Register.com, another registrar, or the applicable registry administrator, (b) to resolve a dispute related to that domain name, (c) within thirty (30) calendar days of the creation date of that domain name registration, (d) if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by Register.com, (e) 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, or (f) if you use a domain name in connection with unlawful activity.

    You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) 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 (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

  17. Governing Law

    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 New York, as if the Agreement was a contract wholly entered into and wholly performed within the State of New York.

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

  18. Notices

    Subject to the terms of Section 8 of this Agreement, you agree that, unless other instructions are posted on Register.com's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Register.com posted on the Register.com Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

  19. Conflicts with other Agreements.

    In the event of any conflict between this Agreement and the terms and conditions governing your use of any service(s) 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 of any rights and remedies as between you and Register.com.

  20. 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 (i) shall have given the other party written notice thereof promptly and, in any event, within ten (10) days of discovery thereof and (ii) 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.

  21. General

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

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

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


Without exception, Register.com and Contractor decry the practice of mass-mailing unwanted email solicitations of any type, regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet.

Please read and understand the policies in the Mass Mailing Policy.

To this and similar ends, we have instituted the following policies (please also see our Glossary definitions below):

Unsolicited Bulk Email (popularly known as "spam")
  • Any electronic mail customer who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service.

  • The electronic mail customer is responsible for ensuring that the services obtained from Register.com and Contractor are used in an appropriate manner. Therefore, the electronic mail customer must take steps to manage the use of the services obtained in such a way that network abuse is minimized. The electronic mail customer must also make contact information publicly available, and must respond in a timely manner to any complaints.

  • In extreme cases, Register.com and Contractor operations personnel have the option to immediately disable any account in order to forestall further abuse or damage to email systems.

  • Unsolicited advertisements or solicitations sent from other networks which reference email accounts hosted at Contractor shall be treated as if they originated from the account referenced, unless there is sufficient reason given for Contractor operations staff to believe that the message truly originated with some unrelated party.

  • Likewise, postings made to the Usenet newsgroups or other online forums which reference email accounts hosted at Contractor, and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk email above.
Filtering of Incoming Email
  • As owner of the equipment and other resources utilized to provide services, Contractor has the legal right to block electronic communications from other entities on the Internet.

  • Customers should be aware that such blocking or filtering may take place if deemed necessary by designated members of the Contractor operations staff (or a third party chosen by Contractor and made known to the Customer.) Whenever possible, the party being blocked shall be made aware of such action before it occurs.
Illegal Activities
  • Services offered may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or of state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statue.

  • Register.com and Contractor reserve the right to cooperate with law enforcement and other legal authorities in investigating claims of illegal activity.

  • Register.com and Contractor will not release any information regarding our customers (excepting that which is public knowledge, such as the WHOIS database) to any third party except upon presentation of a valid court order from a government or legal entity with proper jurisdiction. The customer agrees that Register.com and Contractor's judgement as to the validity of any such order shall be considered proper and final.
Right to Damages
  • Register.com and Contractor consider most instances of unsolicited bulk email to be a theft of services and reserves the right to prosecute originators of same in a court of law.

  • Register.com and Contractor reserve the right to collect damages (software, hardware, and man hours) if any harm is done to our network or equipment which requires repair or reconfiguration of any kind.

  • If deemed appropriate by Register.com and Contractor, the customer will be billed not less than \$500 per individual complaint received by Register.com and Contractor staff.

  • In addition, Register.com and Contractor reserve the right to collect punitive damages in recompense for any perceived loss of brand reputation.

    Nothing contained in this document shall be construed to limit action Register.com or Contractor may take or remedies available to either of us in any way with respect to any of the described conduct. Register.com and Contractor reserve the right to take any additional actions we may consider appropriate with respect to such conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from our network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this Policy document. In addition, Register.com and Contractor reserve at all times all rights and remedies available to us with respect to such conduct at law or in equity.

    Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Register.com and Contractor reserve the right to enforce such policy or rule at their sole discretion.
Definitions used in this document
  • "Customer" refers to the business entity which has contracted with Register.com for email services.