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IMPORTANT-PLEASE READ THIS TERMS OF SERVICE ADDENDUM CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING AN SSL CERTIFICATE. BY USING, APPLYING FOR, OR ACCEPTING A REGISTER.COM SSL CERTIFICATE OR BY ACCEPTING THIS AGREEMENT BY COMPLETING YOUR PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU UNDERSTAND IT, THAT YOU AGREE TO AND ACCEPT THE TERMS AS PESENTED HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE A REGISTER.COM SSL CERTIFICATE.
- Application of Terms
1.1. This SSL Certificate Terms of Service Addendum (the "Addendum"), as well as any additional rules or policies that are or may be published by Register from time to time, including Register's Services Agreement (the "Services Agreement and together with this Addendum, the "Agreement") constitute a final binding agreement between you (the "Subscriber") and Register.com ("Register.com") with respect to any of the services described herein. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS ADDENDUM AND THE TERMS OF THE SERVICES AGREEMENT, THIS ADDENDUM SHALL GOVERN. Unless explicitly stated otherwise, any new features, updates, upgrades or versions that augment or enhance the Subscription Service (as defined below) subject to this Addendum. Register.com reserves the right to amend its Subscription Service offerings and to add, delete, suspend or modify the terms and conditions of such Subscription Service, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers. Register.com may make such changes without notice to you. Your continued use of the Subscription Service following Register's posting of any changes will constitute your acceptance of such changes. Please note that other Register software and/or services, outside of the Subscription Service, are governed by the Services Agreement and may be governed by other terms and conditions.
By purchasing or otherwise applying for a Register.com SSL Certificate, you agree to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Register.com service(s) or to modify or cancel your Register.com service(s) (even if we were not notified of such authorization), this Agreement as amended covers any such service or actions. Additionally, you agree that each person listed in your account information as being associated with your account for any services provided to you is your agent with full authority to act on your behalf with respect to such services.
Definitions and Interpretations
2.1. In this Addendum, unless the context requires otherwise, the following terms and expressions shall have the following meanings:
"Business Day" means any calendar day that is Monday to Friday inclusive, excluding any days on which the banks in the United States are closed for business;
"Certificate Signing Request" means an electronic data file created by the Subscriber using the Subscriber's installed SSL or TLS enabled web server software;
"Register.com CPS" or "CPS" means the Register.com Certificate Practice Statement as may be amended from time to time in Register.com's sole and absolute discretion. The Register.com CPS is a document that sets out the working practices that Register.com employs in providing Digital Certificates and defines the underlying certificate processes and Repository operations conducted by Register.com. The Register.com CPS is published and available on the Register.com website at http://www.register.com/repository/;
"Confidential Information" means all material, data, systems and other information concerning the operation, business, projections, market goals, strategies, techniques, financial affairs, products, services, customers, research and development, customer and vendor-related data, services and/or support, and intellectual property rights of a party that is not accessible or known to the general public. Confidential Information shall include, but not be limited to, (a) any and all information regarding or related to any software utilized by the parties to create, operate or perform their respective obligations hereunder, including, but not limited to, all Private Keys, personal identification numbers and passwords; and (b) any information which concerns technical details of operation of any of the Register.com services and products offered hereunder.
"CRL" means a certificate revocation list that contains details of Digital Signatures that have been revoked by Register.com;
"Digital Certificate" (also "Certificate") means a digitally signed electronic data file (conforming to the X509 version 3 ITU standard) issued by Register.com in order to identify a person or entity seeking to conduct business over a communications network using a Digital Signature and which contains the identity of the person authorized to use the Digital Signature and a copy of their Public Key, a serial number, a time period during which the Digital Certificate may be used and a Digital Signature issued by Register.com;
"Digital Signature" means an encrypted electronic data file which is attached to or logically associated with other electronic data and which identifies and is uniquely linked to the signatory of the electronic data, is created using the signatory's Private Key and is linked in a way so as to make any subsequent changes to the electronic data detectable;
"Domain Name" means a name registered with Register.com or any other Internet registration authority for use as part of a Subscriber's URL; "Effective Date" means the date when Register.com receives the Subscriber's request for Subscription Service set out in the Enrollment Form and sent to Register.com via the online registration process;
"Enrollment Form" means an electronic form on Register.com's Website completed by the Subscriber by providing the Subscriber Data and which identifies the requirements for the Subscription Service;
"Force Majeure Event" means, in relation to any party any circumstances beyond the reasonable control of that party including without prejudice to the generality of the foregoing any natural disaster, act or regulation of any governmental or supra-national authority, lack or shortage of materials supplied by a third party (other than where such circumstances arise due to lack of reasonable planning), war or natural emergency, accident, epidemic, fire or riot;
"Fully Qualified Domain Name" means a domain name that fully specifies a host and a domain name, including a top-level domain,
"Insolvency Event" means, in respect of any company that is party to this Agreement, that such company has ceased to trade, been dissolved, suspended payment of its debts or is unable to meet its debts as they fall due, has become insolvent or gone into liquidation (unless such liquidation is for the purposes of a solvent reconstruction or amalgamation), entered into administration, administrative receivership, receivership, a voluntary arrangement, a scheme of arrangement with creditors or taken any steps for its winding-up.
"Internet" means the global data communications network comprising interconnected networks using the TCP/IP standard;
"Issue Date" means the date of issue of a Digital Certificate to the Subscriber;
"Private Key" means a confidential encrypted electronic data file designed to interface with a Public Key using the same encryption algorithm and which may be used to create Digital Signatures, and decrypt files or messages which have been encrypted with a Public Key;
"Public Key" means a publicly available encrypted electronic data file designed to interface with a Private Key using the same encryption algorithm and which may be used to verify Digital Signatures and encrypt files or messages;
"Relying Party" shall mean an individual or organization that acts in reliance on a Certificate or a digital signature.
"Repository" means a publicly available collection of databases for storing and retrieving Digital Certificates, CRLs and other information relating to Digital Certificates and which may be accessed via the Register.com Website;
"Root Domain Name" means the highest level of a URL that identifies multiple directories on the Server;
"Secure Server Certificate" means the Digital Certificate provided by Register.com designed for installation within the Subscriber's SSL enabled web server software and for use with an SSL v3 or TLS v 1.0 enabled web browser. The Secure Server Certificate shall, in accordance with the amounts paid by the Subscriber, either: (i) cryptographically bind a Public Key to a Server operating at a Fully Qualified Domain Name; or (ii) cryptographically bind a Public Key to a Server operating at a Root Domain Name. In both cases, the Public Key is used in the SSL/TLS Protocol to authenticate the Server and establish an encrypted session between an SSL v3 enabled web browser and the Subscriber's Server. Secure Server Certificates may only be used for the purposes set forth in the Register.com CPS;
"Server" means the Subscriber's server operating at the IP address identified by either a Root Domain Name or Fully Qualified Domain Name provided by the Subscriber to Register.com and which is cryptographically bound to the public key set out in the Secure Server Certificate.
"Site" (also "Website") means a collection of interconnected HTML web pages, including a home page, under the control of one entity;
"Software" means any software provided by Register.com to enable the Subscriber to access or use the Subscription Service;
"Subscriber" means the entity or organization named on the Enrollment Form during the online registration process and anyone that acts or purports to act with the person's authority or permission;
"Subscriber Data" means information about the Subscriber required by Register.com to provide the Subscription Service, including without limitation, the information set out in the Register.com CPS which must be provided by the Subscriber on the Enrollment Form during the online registration process;
"Subscription Service" means the Digital Certificate subscription services and any products (including Digital Certificates, Public Keys and Private Keys) and related services;
"Subscription Service Period" means the time period during which a Digital Certificate remains valid and may be used as determined by the type of Certificate ordered by the Subscriber;
"Third Party Data" means data, information or any other materials (in whatever form) not owned or generated by or on behalf of the Subscriber;
"URL" means a uniform resource locator setting out the address of a web page or other file on the Internet.
- Provisioning the Subscription Service
3.1. Upon the receipt of Subscriber's electronic application for an SSL Certificate and provided that Register.com is able to validate the Subscriber in accordance with the validation procedures and processes listed in the Register.com CPS, Register.com shall accept a Subscriber's application for the SSL Certificate and shall provide the Subscriber with the SSL Certificate ordered. Notwithstanding the foregoing, Register.com reserves the right to refuse a Subscriber's application for an SSL Certificate, in Register.com's sole and absolute discretion, by notifying the Subscriber of the rejection as soon as reasonably possible.
3.2. Subscriber shall, in consideration for the provisioning of the SSL Certificate and the licenses granted under this Agreement, pay to Register.com any and all amounts owed, if any, as set forth by the party from which the certificate is purchased. Amounts owed may be different between the initial purchase of the SSL Certificate and subsequent renewals of the same SSL Certificate.
Use of the Subscription Service
4.1. The SSL Certificate is being licensed and provided to the Subscriber by Register.com for the Subscriber's own use and the Subscriber hereby agrees not to resell, attempt to resell, or provide in any form, whether for consideration or not, the SSL Certificate to any third party other than as required for the typical operation of the SSL Certificate as defined in the Register.com CPS.
4.2. The Subscriber agrees and warrants that it shall:
i. use or access the Subscription Service only in conjunction with the Software or other software that may be provided by Register.com from time to time or specified by Register.com to be appropriate for use in conjunction with the Subscription Service;
ii. be responsible, at its own expense, for access to the Internet and all other communications networks (if any) required in order to use the Subscription Service and Digital Certificate(s) and for the provision of all computer and telecommunications equipment and software required to use the Subscription Service except where expressly provided otherwise herein;
iii. obtain and keep in force any authorization, permission or license necessary for the Subscriber to use the Subscription Service except where Register.com expressly agrees to obtain the same under the terms of this Agreement;
iv. except when generated by Register.com, be responsible for the generation of any Private Key belonging to the Subscriber and shall take all reasonable precautions to prevent any violation of, loss of control over, or unauthorized disclosure of confidential information relating to the Subscription Service; and
v. bind each and every Relying Party using the Subscriber's Register.com Certificate(s) to the following terms:
"By relying upon a Register.com digital certificate, the user agrees to be bound by the Register.com Relying Party Agreement, which is incorporated herein in its entirety, and which can be found at http://www.register.com/repository/"
vi. provide accurate and complete information to Register.com at all times, both upon requesting a Digital Certificate and thereafter as requested by Register.com in connection with the issuance of the Digital Certificate, and immediately inform Register.com if any of the Subscriber Data or information provided by the Subscriber to Register.com ceases to remain valid or correct or otherwise changes
vii. promptly cease using any issued Digital Certificate and its associated Private Key, and promptly request Register.com to revoke the Certificate, in the event that: (a) any information in the Certificate is or becomes incorrect or inaccurate, or (b) there is any actual or suspected misuse or compromise of the Subscriber's Private Key associated with the Public Key listed in the Certificate;
viii. promptly cease all use of the Private Key corresponding to the Public Key listed in a Digital Certificate upon expiration or revocation of such Digital Certificate;
ix. promptly disclose in writing to Register.com anything that constitutes a breach of, or is inconsistent with, any of the obligations or warranties and representations in sections 4 and 5 herein.
4.3. The Subscriber shall not
(i) resell or attempt to resell (or provide in any form whether for consideration or not) the Subscription Service (or any part of it) to any third party and shall not allow any third party to use the Subscription Service without the prior written consent of Register.com;
(ii) use the Subscription Service to transmit (either by sending by e-mail or uploading using any format of communications protocol or any other method), receive (either by soliciting an e-mail or downloading using any format of communications protocol or any other method), view or in any other way use any information which may be illegal, offensive, abusive, contrary to public morality, indecent, defamatory, obscene or menacing, or which is in breach of confidence, copyright or other intellectual property rights of any third party, cause distress, annoyance, denial of any service, disruption or inconvenience, send or provide advertising or promotional material or other form of unsolicited bulk correspondence or create a Private key which is identical or substantially similar to any Public Key.
4.4. The Subscriber acknowledges and agrees that any Digital Certificate "Warranty" or other warranty described in the CPS and provided by Register.com in connection with any Digital Certificate is provided solely for the benefit of Relying Parties, and Subscriber shall have no rights with respect thereto, including, but not limited to, any right to enforce the terms of or make any claim under any such warranty.
4.5. The maximum value of any transaction entered into by the Subscriber while using the Secure Server Certificates ("Max Transaction Value") must not exceed those set forth in the following table, and the cumulative maximum liability accepted by Register.com ("Payment Limit") under the Register.com Relying Party Warranty as set forth in the Repository.
- License of Subscription Service Technology
5.1. Register.com grants the Subscriber a revocable, non-exclusive, non-transferable personal license to use any SSL Certificate issued in connection with this Agreement and any Subscription Services associated with the issued SSL Certificate. This license to the SSL Certificate and Subscription Service includes a limited, revocable, non-exclusive, non transferable, and personal license to use any Digital Signature generated using the Subscriber's Public Key and Private Key and any manuals or other documents and materials relating to the above insofar as is necessary for the Subscriber to utilize the licensed SSL Certificate and Subscription Services.
5.2. The Subscriber shall not copy or de compile, enhance, adapt or modify or attempt to do the same to the Digital Certificates, Public Keys and Private Keys, or any Digital Signature generated using any Public Key or Private Key, or any documents or manuals relating to the same, without the prior written consent of Register.com.
5.3. All rights not expressly granted to Subscriber herein are reserve to Register.com except where such license is necessary to use the SSL Certificate and applicable Subscription Services in its typical and normal operation.
- Payment Terms
6.1. The amount due to be paid to Register.com by the Subscriber for the Subscription Service shall be set forth during the registration process at the Register.com website. The amount due shall be paid by the Subscriber on or before the Issue Date.
6.2. All payments made by the Subscriber to Register.com for the Subscription Service shall be non-refundable except as otherwise provided pursuant to Register.com's then current policies.
7.1 The Subscriber shall take all reasonable measures to ensure the security and proper use of all personal identification numbers, Private Keys and passwords used in connection with the Subscription Service. The Subscriber shall also immediately inform Register.com if there is any reason to believe that a personal identification number, Private Key or password has or is likely to become known to someone not authorized to use it, or is being, or is likely to be used in an unauthorized way, or if any of the Subscriber Data provided by the Subscriber using the on-line registration process or subsequently notified to Register.com ceases to remain valid or correct or otherwise changes.
7.2 The Subscriber shall have sole responsibility for all statements, acts and omissions which are made under any password provided by it to Register.com.
7.3 Register.com reserves the right to revoke a Subscriber's Digital Certificate in the event that Register.com has reasonable grounds to believe that:
i. a personal identification number, Private Key or password has, or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way;
ii. a Subscriber's Digital Certificate has not been issued in accordance with the policies set out in the Register.com CPS;
iii. Register.com receives notice or otherwise becomes aware of a material change in the information contained in the Digital Certificate;
iv. Register.com receives notice or otherwise becomes aware that a court or arbitrator has revoked Subscriber's right to use the domain name listed in the Digital Certificate, or that Subscriber has failed to renew its domain name;
v. Register.com determines that any of the information appearing in the Digital Certificate is not accurate;
vi. the Subscriber has requested that its Digital Certificate be revoked;
vii. there has been, there is, or there is likely to be a violation of, loss of control over, or unauthorized disclosure of Confidential Information relating to the Subscription Service;
viii. the Subscriber Data is no longer correct or accurate, save that Register.com has no obligation to monitor or investigate the accuracy of information in a Digital Certificate or associated with a Site Seal after the Issue Date of that Digital Certificate;
ix. Register.com receives notice or otherwise become aware that a Subscriber violates any of its material obligations under this Agreement or the Register.com CPS;
x. the Subscriber has used the Subscription Service with third party software not authorized by Register.com for use with the Subscription Service;
xi. Subscriber has used the Subscription Service contrary to law, rule or regulation, or Register.com reasonably believes that the Subscriber is using the certificate, directly or indirectly, to engage in illegal or fraudulent activity;
xii. Register.com receives notice or otherwise becomes aware that Subscriber has been added as a denied party or prohibited person to a blacklist, or is operating from a prohibited destination under the laws of Register.com's jurisdiction;
xiii. Either the Subscriber's or Register.com's obligations under this EV CPS or the relevant Subscriber Agreement are delayed or prevented by a natural disaster, computer or communications failure, or other cause beyond the person's reasonable control, and as a result another person's information is materially threatened or compromised;
xiv. the certificate was issued to persons or entities identified as publishers of malicious software or that impersonated other persons or entities;
xv. the certificate was issued as a result of fraud or negligence; or
xvi. the certificate, if not revoked, will compromise the trust status of Register.com.
Register.com may, in its sole and absolute discretion, after revocation of an SSL Certificate, reissue an SSL Certificate to the Subscriber or terminate this Agreement in accordance with the provisions of Clause 15.
7.4 The Subscriber agrees to discontinue any and all use of the Subscriber's Digital Certificate and Site Seal if the Subscriber's Digital Certificate or Site Seal is revoked in accordance with this Agreement, the Subscription Service Period expires, this Agreement is terminated, or any of the information constituting the Subscriber Data ceases to remain valid or correct or otherwise changes.
8.2 Notwithstanding the previous provisions of this Section 8, either Party may disclose Confidential Information if and to the extent required by law, for the purpose of any judicial proceedings or any securities exchange or regulatory or governmental body to which that party is subject, wherever situated, whether or not the requirement for information has the force of law, and if and to the extent the information has come into the public domain through no fault of that party. Should a Party be required to disclose Confidential Information pursuant to this section, the Party shall promptly give notice of such requirement to the other Party prior to disclosing the Confidential Information.
- Subscriber Data
9.1 The Subscriber acknowledges that in order to provide the Subscription Service that some or all of the Subscriber Data may be embedded in the Subscriber's Digital Certificates as set forth in the Register.com CPS. Subscriber hereby consents to the disclosure to third parties of any Subscriber Data as may be necessary to issue the Digital Certificate or provide the Subscription Services.
9.2 The Subscriber hereby grants Register.com permission to examine, evaluate, process and in some circumstances transmit to third parties located outside the United States the Subscriber Data insofar as is reasonably necessary for Register.com to provide the Subscription Service.
9.3 Register.com shall, in performing its obligations under this Agreement, take reasonable technical and organization measures, pursuant to its obligations under the Register.com CPS, against the unauthorized or unlawful processing of personal data and against actual loss or destruction of or damage to such data.
- Subscriber Warranties, Representations and Indemnities
10.1 The Subscriber warrants, represents and undertakes that:
i. all Subscriber Data is, and any other documents or information provided by the Subscriber are, and will remain accurate and will not include any information or material (or any part thereof) the accessing or use of which would be unlawful, contrary to public interest or otherwise likely to damage the business or reputation of Register.com in any way;
ii. it has and will comply with all applicable consumer and other laws, regulations, instructions and guidelines, with all relevant licenses and with all other codes of practice which apply to the Subscriber or Register.com and that the Subscriber has obtained all licenses and consents necessary to fully perform its obligations under this Agreement; and
iii. it has full power and authority to enter into this Agreement and to perform all of its obligations under this Agreement. iv. it will not transmit, post, or promote any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, or otherwise objectionable material or any material that encourages criminal conduct or that could constitute a criminal offense, give rise to civil or criminal liability, or violate any applicable laws or regulations; and
v. it has full power and authority to enter into this Agreement and to perform all of its obligations under this Agreement.
10.2 Subscriber shall promptly disclose in writing to Register.com anything that constitutes a breach of, or is inconsistent with, any of the warranties and representations in Section 10.1.
10.3 Subscriber shall indemnify Register.com against any claims or legal proceedings which are brought or threatened against Register.com by any third party as a result of the Subscriber's breach of any of the provisions of this Agreement. Register.com will notify the Subscriber of any such claims or proceedings and keep the Subscriber informed as to the progress of such claims or proceedings.
10.4 The Subscriber agrees not to make any representations regarding the Subscription Service to any third party except as first agreed to in writing by Register.com.
- Exclusion of Warranties
EXCEPT AS SPECIFICALLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REGISTER.COM EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ITS SUPPLIERS, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AT LAW, IN EQUITY, OR STATUTORY, WITH RESPECT TO SSL CERTIFICATES, SUPPLEMENTAL MATERIAL, DOCUMENTATION, OR ANY OTHER PRODUCT OR SERVICE PROVIDED TO THE SUBSCRIBER OR ANY OTHER PARTY OR THE CHARACTERISTIC, QUALITY, PERFORMANCE, OR VALUE OF ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT.
Register.com offers Subscribers the ability to generate a Certificate Signing Request, Public Key and Private Key on the Register.com website. This service is offered as a convenience only.
Term and Termination
12.1 This Agreement shall commence on the Issue Date and shall continue for the Certificate Period unless either this Agreement is terminated earlier in accordance with this Section 12 or the SSL Certificate is revoked pursuant to Section 7.3.
12.2 Either party may terminate this Agreement for convenience by providing to the other twenty (20) Business Day's written notice.
12.3 This Agreement may be terminated forthwith or on the date specified in the notice:
i. by either party if the other commits any material breach of any term of this Agreement and which (in the case of a breach capable of being remedied) shall not have been remedied within twenty (20) Business Days of a written request by the other party to remedy the same or by either party, if in respect of the other party, an Insolvency Event occurs or that other party ceases to carry on its business; ii. by Register.com in the event a Digital Certificate is revoked in accordance with the provisions of Section 7.3 or if Register.com is unable to validate, to its satisfaction, all or part of the Subscriber Data.
Consequences of Termination
If this Agreement is terminated by Register.com under Section 12 for any reason or under Section 15, Register.com may (in the event that a Subscriber's Digital Certificate has not already been revoked) revoke the Subscriber's Digital Certificate without further notice to the Subscriber and the Subscriber shall pay any amounts due to Register.com under this Agreement. Register.com shall have no obligation to refund any payment by the Subscriber to Register.com in the event of any termination of this Agreement.
Limitation of Liability
14.1 SUBJECT TO CLAUSE 16.1, REGISTER.COM'S MAXIMUM LIABILITY UNDER CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR ANY OTHER THEORY OR CLAIM SHALL BE LIMITED TO THE AMOUNT SET FORTH IN THE SERVICES AGREEMENT REGARDLESS OF THE TYPE, AMOUNT, OR EXTENT OF ANY ACTUAL DAMAGES SUFFERED. REGISTER.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, OPPORTUNITIES, REVENUE, SAVINGS, GOODWILL, OR USE OR POSSESSION OF DATA, EVEN IF REGISTER.COM HAS BEEN APPRISED OF THE POSSIBILITY OR THE EXISTANCE OF SUCH DAMAGES. REGISTER.COM DOES NOT GUARANTEE OR REPRESENT THAT THE SSL CERTIFICATE WILL MEET SUBSCRIBER'S NEEDS, REQUIREMENTS, OR EXPECTATIONS NOR DOES REGISTER.COM GUARANTEE OR REPRESENT THAT THE SSL CERTIFICATE AND THE USE OF THE SSL CERTIFICATE WILL BE UNINTERRUPTED, TIMELY, AND/OR ERROR-FREE. THE LIMITATIONS ON LIABILITY PROVIDED HEREIN SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED UNDER THE LAW OF THE APPLICABLE JURISDICTION.
14.2 REGISTER.COM SHALL NOT BE LIABLE TO THE SUBSCRIBER FOR ANY LOSS SUFFERED BY THE SUBSCRIBER DUE TO USE OF AN SSL CERTIFICATE OUTSIDE THE NORMAL AND INTENDED USE OF AN SSL CERTIFICATE OR FOR ANY TRANSACTIONS MADE USING THE SSL CERTIFICATE. SSL CERTIFICATES ARE NOT INTENDED TO BE USED IN COMMERCE OR FOR FINANCIAL TRANSACTIONS AND NO WARRANTY OR GUARANTEE IS MADE REGARDING THEIR USE.
14.3 Neither party may bring any action, regardless of form, arising out of or relating to this Agreement more than one (1) year after the cause of action has occurred.
14.4 Subscriber's sole remedy for a defective SSL Certificate shall be to have Register.com, through commercially reasonable efforts, correct or cure any reproducible defect in the SSL Certificate by issuing corrected instructions, a restriction, or bypass. In the event that Register.com is unable or unwilling to correct or cure a deformity, defect, or error with an SSL Certificate, Subscriber's sole remedy shall be a refund of any amount paid for the non-conforming or defective SSL Certificate provided that the Subscriber has provided prompt notice to Register.com of any nonconformity or defect upon its discovery. If Subscriber has made any changes whatsoever to the SSL Certificate, has mis-used damaged, altered, or modified the SSL Certificate in any manner, or fails to provide prompt notice of the defect to Register.com, then Register.com shall not be obligated to provide any correction, cure, or solution to the Subscriber.
15.1 Neither party hereto shall be liable for any breach of its obligations hereunder resulting from a Force Majeure Event.
15.2 Each of the parties hereto agrees to give written notice forthwith to the other upon becoming aware of a Force Majeure Event such notice to contain details of the circumstances giving rise to the Force Majeure Event and its anticipated duration. If such duration is more than 20 days then the party not in default shall be entitled to terminate this agreement, with neither party having any liability to the other in respect of such termination.
15.3 The party asserting a Force Majeure Event shall not be excused performance of its obligations unaffected by such a Force Majeure Event and shall endeavor to seek an alternative way of fulfilling its affected obligations without any materially adverse affect on the other party.
Amendments and Waivers
16.1 Except as provided otherwise in this Agreement, Register.com may revise the terms and conditions of this Agreement at any time and in its sole and absolute discretion. Any revisions or changes made will be binding and effective immediately upon the posting of the changes or revisions to the Repository or upon notification to the Subscriber through the local mail system or by SSL. Subscriber agrees to periodically review the Repository in order to be aware of any changes. Subscriber may terminate this Agreement in accordance with Section 12 if Subscriber does not agree to any changes made. By continuing to use an SSL Certificate issued under this Agreement after any change is made, Subscriber agrees to abide by and be bound by such changes.
16.2 The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
Invalidity and Severability
If any provision of this Agreement (not being of a fundamental nature to its operation) is judged to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the continuation in full force and effect of the remainder of the provisions will not be prejudiced, affected, or impaired thereby.
18.1 This Agreement and all documents referred to herein contain the entire and exclusive agreement and understanding between the parties on the subject matter of the Agreement. This Agreement supersedes all prior agreements, arrangements, understandings, communications, representations, and arrangements relating thereto. Except as may be expressly included in this Agreement, no oral or written representation, agreement, communication, understanding, or promise related to the subject matter is given or implied from anything previously said or written in negotiations between the parties.
18.2 Without prejudice to any liability for fraudulent misrepresentation, Register.com shall not be under any liability and Subscriber shall not have any remedy with respect to misrepresentations or untrue statements unless, and to the extent that, the claim is based on the breach of this Agreement.
The Subscriber may not assign or transfer or purport to assign or transfer any right or obligation under this Agreement to any person or entity, in whole or in part, whether by assignment, merger, transfer of assets, sale of stock, operation of law, or otherwise without first obtaining Register.com's prior written consent and any attempt to do so shall be deemed a material breach of this Agreement. Register.com may assign or transfer this agreement in its sole discretion.
Rights of Third Parties
The parties agree that except as expressly provided herein there shall be no third party beneficiaries under this Agreement.