REGISTER.COM CURRENT WEBSITE HOSTING SERVICES ADDENDUM
(Updated April 11, 2012)
This Website Hosting Services Addendum (hereinafter referred to as the "Addendum") to the Register.com Services Agreement (the "Services Agreement"), as amended by Register.com, its parents, subsidiaries, affiliates, successors and assigns ("Register.com", "us", "we" and/or "our") from time to time, between you ("Customer", "you" and/or "your") and Register.com, set forth the terms and conditions of your use of a hosting package and certain associated tools and accounts provided by Register.com (collectively, the "Hosting Services"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Addendum, as well as any additional rules or policies that are or may be published by Register.com from time to time, including the Services Agreement. This Addendum, as well as the Services Agreement and any additional rules and policies, together with all modifications thereto (collectively, the "Agreement"), constitute the complete and exclusive agreement between you and Register.com concerning your use of the Service, and supersede and govern all prior proposals, agreements, or other communications.
This Addendum, as well as the Services Agreement, Register.com's Acceptable Use Policy and any additional rules and policies, together with all modifications thereto (collectively, the "Agreement"), constitute the complete and exclusive agreement between you and Register.com concerning your use of the Hosting Services, and supersede and govern all prior proposals, agreements, or other communications. You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of the Agreement, well as any additional rules or policies that are or may be published by Register.com from time to time.
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 current Service shall be subject to this Addendum. Please note that other Register.com services, outside of the Hosting Services, are governed by the Services Agreement and may be governed by other terms and conditions.
You acknowledge and agree that Register.com reserves the right to amend its Hosting Services offerings and to add, delete, suspend or modify the terms and conditions of such Hosting Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers pursuant to the terms of the Services Agreement, whereby your continued use of the Hosting Services following such changes will constitute your acceptance of such changes.
You expressly agree that any third party functionality (including applications, products, services or offerings) available to you as a part of any of the Register.com product or service, including any Hosting Services, shall be used by you in accordance with the terms of any relevant third party licenses. Your failure to abide by any third party license may result in the immediate termination of your services by Register.com. Furthermore, Register.com does not control such third party functionality and is therefore not liable for any issues of any kind relating to the third party functionality. Register.com reserves the right, at its sole discretion, to terminate, suspend, cancel or alter your access to any third party functionality at any time.
Fees and Payment Terms
Billing for the Hosting Services shall be by a valid credit card acceptable to Register.com or such other method acceptable to Register.com, at the fees set forth by Register.com. Your annual, monthly, or other recurring periodic payments for Hosting Services (the "Hosting Services Fees") shall be automatically charged to the credit card provided by you at the time of your purchase or such other credit card on your account (your "Credit Card"), with such payments being charged in advance, and you hereby agree that Register.com is authorized to so charge your Credit card or other selected payment method. Register.com, in its sole discretion, shall determine the prices it will charge for the Hosting Services, and the terms and conditions applicable to the same, and Register.com may, amend such pricing and/or terms and conditions in accordance with terms set forth in the Services Agreement. If you do not agree to any such change, you may terminate this Agreement (or cancel your Hosting Services, as applicable) further in accordance with the Agreement, otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for any new Hosting Services Fees, on the next monthly, annual or other recurring periodic payment cycle (as applicable).
If your data usage or storage exceeds the amount permitted by the Hosting Services package or program you purchase, Register.com may, in its sole discretion, upgrade you to the next level package that supports the amount of data usage or storage you have used. If you are upgraded, you will be charged a prorated amount to upgrade your plan for the remainder of your term (the "Prorated Upgrade Payment") and your renewal Hosting Services Fees will be at the rate for such upgraded plan. Any Prorated Upgrade Payment and your new Hosting Service Fees shall be automatically charged to your Credit Card, and you hereby agree that Register.com is authorized to so charge your Credit Card. If you do not agree to any such upgrade, you may terminate this Agreement (or cancel your Hosting Services, as applicable) as provided herein within five (5) days of such upgrade; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your Credit Card for any Upgrade Payment and your new Hosting Service Fees.
In addition to recurring Hosting Service Fees, Register.com may charge set-up fees and other one-time fees for any optional Hosting Services as set forth on our Website and/or described in the Agreement (collectively "One-time Fees"). Billing for One-time Fees shall be by valid credit card acceptable to Register.com or such other method acceptable to Register.com. Your One-time Fees shall be automatically charged to your Credit Card, and you hereby agree that Register.com is authorized to so charge your Credit Card. Register.com, in its sole discretion, shall determine the prices it will charge for all One-time Fees.
middle one is phoenix
Term and Termination
Your Hosting Services shall continue for the term selected in the Hosting Services package or program that your register for or otherwise order and shall automatically renew for terms of such length (with fees charged in advance), unless such term is modified by Register.com in accordance with this Agreement, or unless either party notifies the other of termination or cancellation in accordance with this Agreement, and subject to the then-current terms and conditions of this Agreement at the time of any renewal of the Hosting Services. You acknowledge and agree that in the event you do not desire to automatically renew your Hosting Services, it is your responsibility and obligation to contact Register.com's customer service center to cancel your automatic renewal. Your failure to cancel your automatic renewal shall be deemed acceptance of the renewal term. Subject to your obligation to pay any outstanding fees, if any, you may cancel your Hosting Services at any time. To cancel your Hosting Services you must contact Register.com's customer service center and cancel your service. Click here for Register.com's customer service center contact details.
Notwithstanding anything to the contrary in the Agreement and without limiting any right or remedy of Register.com contained in the Agreement, Register.com may suspend or terminate your Hosting Services, suspend your access and password, remove your Hosting Services from Register.com's servers, or remove any content within the Hosting Services, if Register.com concludes, in its sole and exclusive discretion, that you (i) have breached, violated, or acted inconsistently with the letter or spirit of the Agreement, including this Addendum, the Services Agreement, the Acceptable Use Policy, or any other applicable Register.com term, condition, rule, policy or any applicable law or regulation; (ii) have provided false information as part of your account information; (iii) have failed to keep your account information complete, true, and accurate; (iv) fail to respond to any email communication sent to the email address listed in your account information; (v) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; (vi) are engaged in activities or sales that may damage the rights or reputation of Register.com or others; or (vii) engage in any activity, whether or not intentionally, that threatens the stability or security of Register.com's network, servers, or other services, in Register.com's sole discretion (each "Termination for Cause"). Any Termination for Cause by Register.com will take effect immediately, and you expressly agree that you will not have any opportunity to cure. In addition, Register.com may terminate your Hosting Services at any time without cause upon notice to you. Your sole and exclusive remedy for such termination of your Hosting Services without cause will be a refund of your Hosting Services Fees for the then current term.
Upon any termination of your Hosting Services or this Agreement for any reason, any provision which, by its nature or express terms should survive, will survive such termination.
Hosting Service Availability Guarantee
We guarantee that your Hosting Services will be up and accessible ("Available") 99.99% of the time except for interruptions caused by the following:
- errors caused by you from custom scripting or coding;
- any interruption caused by third party software installed by you;
- corrective actions taken by Register.com pursuant to the terms of this Agreement;
- outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
- Internet frailties;
- any application under the Software/Services heading in our administrative panel;
- periodic scheduled maintenance or repairs that Register.com may undertake from time to time; and
- causes beyond the control of Register.com or that are not reasonably foreseeable by Register.com.
If your Hosting Services are not Available 99.99% of the time, your sole and exclusive remedy will be a credit for Hosting Services as specified in this Section. If during any month your Hosting Services are not Available for a total number of hours you will receive a credit as follows:
- up to 1 hour, you will receive a credit for at least 1 hour of Hosting Services Fees;
- between 1 and 12 hours, you will receive a credit for at least 12 hours of Hosting Services Fees;
- between 12 and 24 hours, you will receive a credit for at least 24 hours of Hosting Services Fees;
- between 24 and 72 hours, you will receive a credit for at least 72 hours of Hosting Services Fees; or
- above 72 hours, you will receive a credit for 144 hours of Hosting Services Fees.
All credits will be calculated by prorating your current recurring fees to an hourly basis. The credit amounts above will be doubled for our highest level shared Hosting Services product. The credit may be used by you only for the renewal of your Hosting Services, and is exclusive of any applicable taxes.
Web Site Content
You expressly grant to Register.com a non-exclusive, worldwide and royalty-free license to copy, display, use and transmit on and via the Internet the content that is submitted, stored, distributed or disseminated by you via the Hosting Services (including content supplied by third parties), including, without limitation, trade or service marks, text, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, software, files, data, works, information and/or other related materials (collectively, the "Content"), in connection with Register.com's performance or enforcement of the Agreement and revocable only upon the termination of Hosting Services. You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all Content on, within, displayed, linked or transmitted to, from or through your website. Your Content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services. Register.com does not intend to and shall have no obligation to systematically monitor the Content. Your Content includes content of the end users of your website. Accordingly, you are responsible for your end users' content and all activities on your website. Register.com, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, removal of all or a portion of your Content and suspension and/or termination of your Hosting Services, in the event of notice of any possible violation of this Agreement (including but not limited to this Addendum, the Service Agreement, the Acceptable Use Policy, etc.) by you or your end users. You agree that Register.com will have no liability to you or any of your end users due to any corrective action that Register.com may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action. You agree to the additional restrictions of use for the ancillary services provided by Register.com in conjunction with the Hosting Services that are found in the Services Agreement.
Additional Representations and Warranties
In addition to your representations and warranties set forth in the Agreement, and without limiting those representations and warranties, you further represent and warranty:
- That your website and Content shall not violate the Agreement in any manner (including but not limited to this Addendum, the Service Agreement, the Acceptable Use Policy, etc.) and your website does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any copyright, trademark, patent, proprietary intellectual property, contract or tort right of any person and that you own your Content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the Content on and within your website. You also warrant that the website being hosted by Register.com will not contain any obscene or libelous material or otherwise violate any law, rule or regulation. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information and other Content that you disseminate or display in connection with your use of the Hosting Services or obtain from the Internet; and
- That your Content and use of the Hosting Services will not: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Register.com, in its sole discretion, may permit you, if you have a legitimate purpose and after request, to send more email than Register.com's standard STMP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) use your server as an "open relay" or similar purposes; (ix) run a DNS service; (x) act as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities; (xi) perpetrate server hacking or other security breaches; (xii) use of your web site as an anonymous gateway; (xiii) use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Register.com; or (xiv) engage in any other activity deemed by Register.com to be in conflict with the spirit or intent of this Agreement or any Register.com policy, including the use of the Hosting Services in any way, in Register.com's sole discretion, that impairs the functioning or operation of Register.com's services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Hosting Services as (i) a repository or instrument for placing or storing archived files, and/or (ii) placing or storing material to be downloaded through other web sites.
In order to ensure compliance with the foregoing, Register.com reserves the right to reasonably investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your websites, and your Content at any time. If the investigation reveals any information, act, or omission, which in Register.com's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or the Agreement or any of Register.com's other policies, Register.com may immediately shut down the Hosting Services, without notice to you. You agree to waive any cause of action or claim you may have against Register.com for such action.
Storage and Security
At all times, you shall bear full risk of loss and damage to your website and all of your Content. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the website or any of your Content displayed, linked, transmitted through or stored on the Register.com servers. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your Content; (ii) maintain independent archival and backup copies of your Content; (iii) ensure the security, confidentiality and integrity of all your Content transmitted through or stored on Register.com servers; and (iv) ensure the confidentiality of your password. Register.com's servers are not an archive and Register.com shall have no liability to you or any other person for loss, damage or destruction of any of your Content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. Register.com shall have no liability to you or any other person for your use of the Hosting Services in violation of these terms.
You agree that Register.com has no obligation to back-up any data related to your website. In the event your use of the Hosting Services is terminated, moving your web site off of the Register.com servers is your responsibility. Register.com will not transfer or FTP your website to another provider.
You acknowledge and agree that Register.com shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of additional IP addresses, and that you shall be obligated to provide any and all information reasonably sought by Register.com pursuant to such justification. In the event you do not begin using at least ninety percent (90%) of your additional IP addresses, Register.com shall have the right to reclaim any unused IP addresses within thirty (30) days from the time they are purchased. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the WHOIS database.
Register.com will has no responsibility if your IP address is blacklisted and you shall be responsible for removal of your IP address from any blacklist.
You acknowledge and agree that other terms, conditions and agreements may apply to the various services included in your Hosting Services program or package (i.e., terms and conditions related to domain name registration, email, Private Domain Name Registration, etc.), and that you have read and you agree to be bound by such additional terms and conditions.
You agree that any domain name directory, sub-directory, file name or path that does not resolve to an active web page on your Website being hosted by Register.com, may be used by Register.com to place a "parking" page, "under construction" page, "coming soon" page or other temporary page that may include promotions and advertisements for, and links to, Register.com' Website, Register.com product and Hosting Service offerings, third-party Websites, third-party product and service offerings, and/or Internet search engines. You agree that Register.com may change the content and/or appearance of, or disable any of these pages at any time, in its sole discretion, and without prior notice.
Additional Warranty Disclaimers and Limitations of Liability
IN ADDITION TO THE OTHER DICLAIMERS AND LIMITATIONS OF LIABILITY OF REGISTER.COM AS SET FORTH IN THE AGREEMENT, REGISTER.COM IS ALSO NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR END USERS VIA THE HOSTING SERVICES PROVIDED BY REGISTER.
Information obtained by you from the Internet may be inaccurate, offensive or in some cases illegal. Register.com has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet.
You agree that if Register.com takes any corrective action under this Agreement in response to your or your end users' actions or failures to act, that corrective action may adversely affect you or your end users and you agree that Register.com shall have no liability to you or your end users due to any corrective action taken by Register.com.