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WEB SITE FORWARDING AGREEMENT

This Web Site Forwarding Agreement ("Agreement") sets forth the terms and conditions of your use of Register.com, inc.'s ("Register.com") Web Site Forwarding services to link a domain name registered through Register.com to an existing Web site ("forward to address"). You acknowledge that you agree to be bound by any rules or policies that are or may be published by Register.com from time to time concerning Web Site Forwarding. This Agreement will become effective when accepted by Register.com. Register.com may elect to accept, reject, or terminate this Web Site Forwarding Agreement for any reason, at its sole discretion, such reasons including, but not limited to, rejection due to a request for forwarding of an invalid domain name, forwarding to an invalid address or transfer of the registered domain name to a registrar other than Register.com.

You agree and acknowledge that Register.com may place advertising banners into any Web site(s) using the free Web Site Forwarding service.

  1. Limitation of Liability

    YOU AGREE THAT Register.com WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF WEB SITE FORWARDING SERVICE, (b) USE OF THE WEB SITE FORWARDING SERVICE, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY WEB SITE FORWARDING; (e) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND Register.com'S REASONABLE CONTROL; OR (g) THE PROCESSING OF THIS APPLICATION. Register.com ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Register.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Register.com'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, 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 EXTENT PERMITTED BY LAW.

  2. Indemnification of Register.com

    You agree to defend, indemnify and hold harmless Register.com for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the use of the Web Site Forwarding service. This indemnification is in addition to any indemnification required under the Registration Agreement or the Dispute Policy.

  3. Representations and Warranties

    You represent that, to the best of your knowledge and belief, neither your registration for the Web Site Forwarding service nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your Web Site Forwarding application is accurate.

    ALL WEB SITE FORWARDING SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR OUR WEB SITE FORWARDING SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, Register.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THIS AGREEMENT OR THE USE OF ANY DOMAIN NAME FORWARDING SERVICE PROVIDED BY THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR WEB SITE FORWARDING SERVICE, OR FROM SUSPENSION OR CANCELLATION OF THE URL FORWARDING SERVICE REGISTERED FOR BY YOU.

  4. Breach and Revocation

    Register.com reserves the right to suspend, cancel, transfer or modify your Web Site Forwarding service in the event (a) you materially breach this Agreement and do not cure such breach within thirty (30) days of notice by Register.com, (b) you use the Web Site Forwarding service to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your Web Site Forwarding service in connection with unlawful activity, or (d) in the sole discretion of Register.com, grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.

  5. Governing Law

    This Agreement, including 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. 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.