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This Services Agreement (as it may be amended by us from time to time in accordance with Section 15, ("Agreement") between (i) you ("you", "your" or "Customer") and (ii) Register.com, Inc., and Register.com, LP ( collectively, "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 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
- Domain Name Registration and Administration
- Web Site Forwarding
- Web Site Hosting
- SSL Certificates
- Electronic Mail
- Fax To Email Services
- Hosted Exchange
- Private Domain Registration
- Search Engine Optimization Services
- Guaranteed Clicks
- Data Backup
- Build A Site For Me: Custom
- eWorks! XL
- Mobile Website
- Fees, Payment; Renewals (including automatic renewal)
- User Name and Password; Account Manager
- Changes to this Agreement or to Additional Rules or Policies
- Information and Its Use
- Ownership of Data
- Transfers; Agents and Licenses
- System Performance Degradation
- Limitation of Liability
- Disclaimer of Warranties
- Suspension, Cancellation, Transfer or Modification of Service(s)
- Governing Law
- Conflicts with Other Agreements
- Entire Agreement; Section Headings
- Force Majeure
Domain Name Registration, Administration and Renewal Services
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 .com, .net, .org, .biz, .info, .name and .pro ("gTLDs"). Register.com also may, in its sole discretion, accept 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, .name and .pro gTLDs and such terms and conditions can be accessed by clicking here.
Country Code Top Level Domain Registration and Administration
In addition to registering and renewing gTLD 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.
Premium Domain Names
Register.com's Premium Domain Name Service offers for sale domain names that are 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 tlds). 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 account. At the time of transfer of the Premium Domain Name into your account, we will add one 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. Because Register.com is selling Premium Domain Names registered to third parties, Register.com has no control and makes 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. Register.com does not control whether or not third party seller(s) will complete a transaction.
In addition, you acknowledge and agree that Register.com reserves 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 by Register.com, for any reason, we will refund in full the amount of the purchase price for the Premium Domain Name as your sole remedy.
Once the Premium Domain Name is transferred into your account, you agree that such Premium Domain Name may not be transferred away from Register.com to another registrar during the first 60 days following the transfer, during which time the Premium Domain Name may be placed on transfer lock.
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 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 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.
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, and your contact information will be kept current; (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.
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 with that domain name. 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 THE TRANSFER.
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 transferring the domain name registration to a different registrar. (see Section 12 of this Agreement for a full list of assignable rights.) The registrant is responsible for all actions or omissions of the administrative contact.
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.
You acknowledge and agree that Register.com may place 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.
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.
The Domain Hold Service is a free service that enables You to put on hold domain names in a variety of tlds (such as .com, net, org, biz, us and info) (the "Domain Name") for a period of up to 4 days (the "Hold Period"). If you elect to purchase the Domain Name during the Hold Period, you may only purchase it from Register.com. During the Hold Period you are not the official registrant of the Domain Name. You acknowledge and agree that you have no rights in the Domain Name during the Hold Period. Further, Register.com reserves all rights with respect to Domain Name(s) 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 to limit the number of Domain Names you may place on hold at any given time.
Domain Expiration Protection
The Domain Expiration Protection program 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. Under the Domain Expiration Protection program, you will have one year from the date of expiration of a domain name registered to you to renew such expired domain name (the "Expiration Period"). During the Expiration Period, the domain name will remain inactive, will not be registered to you and you will not have access to such domain name unless and until it is renewed by you along with payment made for our standard renewal fees. Only the registrant of the expired domain name will be permitted to renew the domain name during the Expiration Period and must do so over the phone by calling Register.com Customer Service team. Renewals of domain names during the Expiration Period will be subject to our standard renewal fees.
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. During the Expiration Period, Register.com may (a) 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 and Register.com's products and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines and (b) modify the contact information listed in the WHOIS record from information provided by you to information designated by us.
- Generic Top Level Domain Registrations
Web Site Forwarding
Web Site 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"). (Click here for the specific features of our Web site 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 Web Site 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 Web site.
You agree and acknowledge that Register.com may place advertising banners of Register.com or third parties into any Web site(s) using the free Web Site Forwarding service.
Web Site Hosting
Register.com Web site hosting provides the ability to create and publish Web sites. Click here for additional terms and conditions that apply to Register's Web site hosting solutions purchased on or after May 30, 2008. Click here for additional terms and conditions that apply to Register's Web site hosting solutions purchased before May 30, 2008.
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.
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 Acceptable Use Policy, 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.
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 (see the Fair Usage Policy in Section 2, below); and (ii) outbound faxing from the online Fax Management Interface.
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 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: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Fax-to-Email Services; (2) not to use the Fax-to-Email Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Fax-to-Email Services; (4) to comply with all regulations, policies and procedures of networks connected to the Fax-to-Email Services; (5) 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 (6) 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 (a) 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; (b) 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.
a. 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:
1. 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
2. Please forward the spam fax by email to firstname.lastname@example.org 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.
b. 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 an Fax-to-Email Number as a "drop-box" for responses, we ask that you take the following steps:
1. 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.
2. If you are unable to successfully "unsubscribe," please forward the offending email to email@example.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.comof 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.
a. 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.
b. 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.
c. 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 anyway.
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.
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, DomainDiscreet.com, 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.
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.
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.
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.
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 JumboMailservice customer's obligations under this Agreement and thus shall be entitled to enforce those obligations against you as if a party to this Agreement.
Build A Site For Me: Custom.
Register.com's Build A Site For Me: Custom service includes development, design, building and maintenance of a Web site 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, Web site 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.
This product is further governed by the terms and conditions located at http://www.web.com/legal/terms-of-service/eworks.aspx.
This product is further governed by the terms and conditions located at http://www.web.com/legal/terms-of-service/marketing.aspx.
Mobile Website is a service that formats an existing Web site 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 Web site may appear differently and Web site functionality may not be fully compatible on each mobile device due to variations in device types and operating systems.
Fees, Service Term, Renewals.
Fees, Service Term, Renewal Reminders.
As consideration for the Service(s), you agree to pay Register.com the applicable Service(s) fees set forth on our Web site at the time 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 1-11. 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 or one-month initial terms, 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 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 send this reminder by email to the administrative contact and 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 Service(s) provided to you hereunder. All payments of fees for the Service(s) provided by Register.com 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 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, 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 (a) make the domain name registration available to other parties for purchase; and (b) 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 Web site, Register.com's product and service offerings, third-party Web sites, 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: (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.
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.
Specifically, with respect to domain names, you acknowledge and agree that Register.com may, upon expiration or termination, elect, at its sole discretion, to: (i) delete the domain name, (ii) renew the domain name on behalf of a third party, (iii) sell or auction the domain name; or (iv) otherwise make such domain name available to third parties. Any expired gTLD domain name that is not sold, renewed or otherwise made available to a third party will generally be deleted between 35 and 45 days from the expiration date.
In addition, upon expiration of a domain name registration, Register.com may elect, at its sole discretion, 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 Web site, Register.com's product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, as well as advertise the sale or auction of the expired domain name registration. 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.
Services Enrolled in Automatic Renewal.
Unless you affirmatively decline participation, the following Services will be enrolled in Register.com's automatic renewal service (SafeRenew):
- .domain name registrations;
- Web Site Forwarding;
- electronic mail;
- Hosted Exchange;
- Web site hosting (annual plan); and
- Web site building
- Private Domain Registration.
The automatic renewal service is provided as a courtesy and helps to prevent unwanted deletion of a Service. For gTLDs, such service will attempt to renew your Service(s) on or about the renewal date for a one 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 renewal(s). For ccTLDs, because of the complexity of ccTLD renewals, such service will attempt to renew your Service(s) approximately 45 days before the renewal date of a ccTLD. For other Register.com Services, the automatic renewal service will attempt to renew your Service(s) for one-year or one-month terms, in accordance with your initial term of service (i.e., we will attempt to renew Service(s) ordered for one-month terms on a monthly basis, whereas we will attempt to renew Service(s) ordered for one-year terms for yearly renewal terms), using the credit card designated for such Service(s) in 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 Service(s) if the credit card designated for your Service(s) 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 Service(s), 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, to terminate automatic renewal, you need simply to cancel your Service(s). 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.
Services NOT Enrolled in Automatic Renewal.
If you receive Service(s) other than those described in Section 12(b), such Service(s) 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.
Register.com may, from time to time and at the company's discretion, offer free email, Web site hosting or other services to 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 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.
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 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.
- Fees, Service Term, Renewal Reminders.
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, password and any secret question/secret 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 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 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 72 hours to become effective or may not become effective at all.
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, Web site forwarding, Web site 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 user name and password with an Assignee. Assignees are given their own user names and confidential passwords, which allow them to perform the rights delegated to them by the Registrant.
- Your Responsibility.
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 Service(s), 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 name(s) ("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.
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: (1) revise the terms and conditions of this Agreement; and/or (2) 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 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 for the registrant or administrative contact of your domain name, or such other email address as you may provide in connection with any Service purchased from Register.com; provided, however, that terms and conditions for new services shall be effective immediately upon posting on our Web site and will be applicable to you when you order such new Service(s). Your continued use of any Service(s) 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 Service(s) 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 15, 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.
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.
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:
- 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;
- The domain name being registered; and
- 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.
- 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;
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:
- The original creation date of a domain name registration, renewal, or request for Services;
- The submission date and time of a registration or renewal application, or request for Services to us and by us to the proper registry;
- Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;
- Records of your account, including dates and amounts of all payments and refunds;
- The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
- The corresponding names of those nameservers;
- The name, postal address, email address, voice telephone number, and where available, fax number of various contacts for the Services;
- The expiration date of a domain name registration; and
- Information regarding all other activity between you and us regarding your use of the Services.
- The original creation date of a domain name registration, renewal, or request for Services;
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 Service(s), 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 16(c) 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).
Disclosure and Use of Information
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.
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.
- Domain Name Registration, Administration and Renewal Services
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: (a) the original creation date of a domain name registration or other Service, (b) the expiration date of a domain name registration or other Service, (c) 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, (d) any other information concerning a registered domain name or Service that appears or may appear in a WHOIS database or Register.com 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 and Register.com databases, as set forth in this Section 17.
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: (a) provided notice to that third party of your intent to purchase the Service(s); (b) obtained that third party's express consent to purchase the Service(s) on its behalf; and (c) 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.
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.
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 (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S), (b) USE OF OR INABILITY TO USE THE SERVICE(S), (c) INTERRUPTION OF BUSINESS, (d) 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), (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND REGISTER.COM'S AND SUBCONTRACTOR'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (h) 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), (i) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (j) TRANSACTIONS CONDUCTED ON A USER WEB SITE, INCLUDING FRAUDULENT TRANSACTIONS; (k) LOSS INCURRED IN CONNECTION WITH YOUR SERVICE(S), INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR SERVICE(S), OR (n) 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.
You agree to defend, indemnify and hold harmless Register.com, its 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 Content; (iv) your breach or violation of any term, condition, representation or warranty of this Agreement; or (v) 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.
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 IN SECTION 1(A) OF 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.
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 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 (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 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.
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 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 (a) of the domain name holder's domicile, and (b) where Register.com's headquarters are located, currently New York City, N.Y.
Subject to the terms of Section 16 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. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
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.
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 to any rights and remedies as between you and Register.com.
Entire Agreement; Section Headings
This Agreement as well as any additional Register.com rules and policies, together with all modifications thereto, constitute the entire agreement between you and Register.com concerning your use of the Services, and supercede and govern all prior proposals, agreements or other communications between you and Register.com (including, but not limited to, any prior versions of the Agreement). 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.
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.
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.
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.