This Services Agreement ("Agreement") between you and Register.com, Inc.
("register.com") sets forth the terms and conditions of your use of the services
set forth herein (collectively, the "Services"). You acknowledge that you have
read, understood, and agree to be bound by all terms and conditions of this Agreement, as
well as any additional rules or policies that are or may be published by register.com from
time to time.
This Agreement as well as any additional rules and policies, together with all
modifications thereto, constitute the complete and exclusive agreement between you and
register.com concerning your use of the Services, and supersede and govern all prior
proposals, agreements, or other communications.
Conteúdo
1. Domain Name Registration, Administration, and Renewal Services
a. .com, .net, and .org Registrations and Renewals
Register.com is an accredited registrar with the Internet Corporation for Assigned
Names and Numbers ("ICANN") for the .com, .net and .org TLDs. ICANN oversees the
.com, .net and .org global top level domains ("gTLDs"). Register.com accepts
applications to register and renew domain names with .com, .net, and .org gTLDs in both
roman-alphabet languages and non-roman alphabet languages (e.g., Japanese, Chinese, and
Korean).
As an accredited domain name registrar, register.com is, upon accepting your
application to register or renew a domain name with a .com, .net or .org gTLD, your
sponsor for that application. All .com, .net and .org domain name registrations we
register or renew are not effective until we have delivered the domain name registration
or renewal information you provide us to the registry administrator for the .com, .net or
.org gTLDs, as applicable, and the registry administrator puts into effect your domain
name registration or renewal. Currently, the registry administrator for the .com, .net and
.org gTLDs is Network Solutions, Inc.
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 .com, .net and .org domain name registrations
or renewals.
b. ccTLD Registration, Administration, and Renewal
In addition to registering and renewing .com, .net and .org gTLDs, register.com also
registers and renews various country code top level domains ("ccTLDs"),
including, but not limited to, .co.uk and .ky. The registry administrator 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.)
c. No Guarantee of Registration or Renewal
You acknowledge and agree that register.com cannot guarantee that you will be able to
register or renew a desired domain name, even if an inquiry indicates that domain name is
available, since 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 databases. 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 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. 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.
d. No Guarantee of Proper Translation
You acknowledge and agree that Register.com cannot guarantee that its non-roman
alphabet language registration service will be error-free, in that register.com cannot
know with certainty whether or not the non-roman alphabet language domain name you are
seeking to register or renew will be translated properly by the Internationalized Domain
Name System. Furthermore, you acknowledge that Register.com or the registry administrator
may be required to suspend, modify or cancel your non-roman alphabet language registration
in order to comply with new ICANN or IETF rules, regulations or standards that apply to
such registrations.
e. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain
name registration, you hereby represent and warrant to us that (a) the statements that you
made in connection with such registration, maintenance, or renewal are complete and
accurate; (b) to your knowledge, 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 knowingly use the domain name in
violation of any applicable laws or regulations. You agree and acknowledge that it is your
responsibility to determine whether your domain name registration 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.
f. Domain Name Registrant
Register.com considers the entity named as the administrative contact for the domain
name at the time the controlling User name and password are secured to be the registrant
of that domain name.
i. Fees; Renewals
As consideration for register.com's domain name registration, administration, and
renewal services, you agree to pay register.com, upon submission of your domain name
application, renewal application, or registrar transfer application to register.com, the
then-current fees set forth in the register.com price schedule for such services. (Click
here to view register.com's current price schedule.) All fees are non-refundable, in whole
or in part, even if your domain name registration is suspended, cancelled or transferred
prior to the end of your then current registration 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.
Your domain name application, renewal application, or registrar transfer request will
not be submitted to the applicable registry unless we receive actual payment of the
registration, renewal, or transfer fee, or reasonable assurance of payment of the
registration, renewal, or transfer fee from some other entity (such reasonable assurance
as determined by register.com in its sole discretion).
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 registration, renewal, or registrar transfer fee, you acknowledge and agree
that the registration shall be transferred to register.com as the entity that has paid the
registration, renewal, or transfer fee for that registration to the registry, and that we
reserve all rights regarding such domain name including, without limitation, the right to
make the domain name available to other parties for purchase. We will reinstate any such
registration solely at our discretion, and subject to our receipt of the applicable
registration, renewal, or transfer fee and our then-current reinstatement fee, currently
set at $200.
The administrative contact for a domain name will be notified at least thirty (30) days
before a renewal fee is due. Unless you instruct us otherwise by contacting Customer
Support, your gTLD domain name registration will be automatically renewed for a one-year
registration term. In consideration for this automatic renewal, we will charge the credit
card you used to secure the initial term of registration with us our then-current renewal
fee. Should you wish to change either your billing information or the term of your renewal
registration, you must do so at least forty-eight (48) hours before the day that the gTLD
domain name is due to expire by contacting Customer Support, otherwise your credit card
will be charged. If the credit card you used to secure the initial term of registration
with us has expired or is otherwise invalid, we will notify you of this fact and give you
with an opportunity to provide us with a valid credit card or other reasonable assurance
of payment (such reasonable assurance as determined by register.com in its sole
discretion). If no such information is provided prior to the expiration date of the gTLD
domain name, your domain name registration will not be renewed. At any time before the
expiration of your gTLD domain name registration, you may renew your domain name by
clicking here.
The administrative contact for a domain name will be notified at least thirty (30) days
prior to when a renewal fee is due for a ccTLD domain name for which register.com is
accepting renewal applications. Should a renewal fee go unpaid within the time specified
in a second notice or reminder regarding renewal, the ccTLD registration will be
cancelled. Payment must be made by credit card or such other method as we may indicate in
the registration application or renewal form. We will renew the ccTLD registration for the
term specified by you (assuming such term is permitted by the ccTLD registry for your
domain name) provided your credit card or other billing information is available and up to
date, unless you instruct us otherwise within the time specified. If your billing
information is not accurate and you wish to renew the registration, we will contact you to
update this information and charge you accordingly.
7. Changes to this Agreement or to Additional Rules or Policies
You acknowledge that the Internet, domain name system and the practice of registering
and administering domain names are evolving, and therefore you agree that register.com may
modify this Agreement, as well as any additional rules or policies that are or may be
published by register.com, as necessary to comply with register.com's ICANN agreement, or
with any other agreements that register.com is currently bound by or will be bound by in
the future, as well as to adjust to changing business circumstances. Your continued use of
any domain name registered through register.com shall constitute your acceptance of this
Agreement as well as additional rules or policies that are or may be published by
register.com, each with the new modifications. If you do not agree to any of such changes,
you may request that your domain name registration be cancelled or transferred to a
different domain name registrar. You acknowledge and agree that such cancellation or
request for transfer will be your exclusive remedy and our sole liability if you do not
wish to abide by any changes to this Agreement or any additional rules or policies that
are or may be published by register.com.
8. 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.
Except as set forth below, all other information which we may request from you in
connection with domain name registration, administration, and renewal services, the
FirstStepSite service, and the Site Submit service is voluntary; however, not providing
this information may prevent you from obtaining Services other than domain name
registration, administration, and renewal services, the FirstStepSite service, or the Site
Submit service.
a. 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:
i. Your full name (or the name of the authorized person for contact purposes, if
registration is for an organization, corporation or association), postal address email
address, voice telephone number, and fax number, if available (or if different, that of
the domain name holder);
ii. The domain name being registered; and
iii. The name, postal address, email address, voice telephone number, and where
available, fax number for the administrative contact, technical contact and billing
contact for the domain name registration.
You acknowledge and agree that when you renew a domain name registration, the type of
information you are required to provide may have changed. If you do not wish to provide
the new required information, the registration may not be renewed.
b. 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 relating to
other services that we provide to you. These records may include, but are not limited to:
i. The original creation date of a domain name registration, renewal, or request for
service;
ii. The submission date and time of a registration or renewal application to us and by
us to the proper registry;
iii. Communications (electronic or paper form) constituting submissions, forwarding,
modifications, or terminations of service and related correspondence between you and us;
iv. Records of your account, including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers for the
domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, email address, voice telephone number, and where
available, fax number of the zone contact for a domain name;
viii. The expiration date of a domain name registration; and
ix. Information regarding all other activity between you and us regarding your use of
the services.
c. Obligations Relating to the Information You Provide
In the event that (i) in applying for the registration of a domain name you are
providing information about a third party, or (ii) you license a domain name registered in
your name to a third party, you hereby represent and warrant that you have (a) provided
notice to that third party of the disclosure and use of that party's information as set
forth in this Agreement, and (b) that you have obtained that third party's express consent
to the disclosure and use of that party's information as set forth in this Agreement.
You acknowledge and agree that willfully providing inaccurate or unreliable information
or willfully failing to update information promptly will constitute a material breach of
this Agreement that will be sufficient basis for cancellation of your domain name
registration. You further acknowledge and agree that your failure to respond for over
fifteen (15) calendar days to inquiries by register.com concerning the accuracy of contact
details associated with your domain name registration shall constitute a material breach
of this Agreement and will be sufficient basis for cancellation of your domain name
registration.
d. Disclosure and Use of Information
You acknowledge and agree that register.com may make available information you provide
or that we otherwise maintain to such public or private third parties as applicable laws
require or permit. You further acknowledge and agree that register.com may make publicly
available, or directly available to third parties, some, or all, of the information you
provide, for purposes of inspection (such as through our WHOIS service) or for targeted
marketing and other purposes as required or permitted by applicable laws.
You hereby consent to any and all such disclosures and use of, and guidelines, limits
and restrictions on disclosure or use of, information provided by you in connection with
the registration of a domain name or use of any Services (including any updates to such
information), whether during or after the term of your registration of a domain name or
other Services. You hereby irrevocably waive any and all claims and causes of action you
may have arising from such disclosure or use of information provided by you by
register.com.
We will not process data about any identified or identifiable natural person that we
obtain from you in a way incompatible with the purposes and other limitations which we
describe in this Agreement.
Register.com will take reasonable precautions to protect the information it obtains
from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or
destruction, of that information. Register.com will have no liability to you or any third
party to the extent such reasonable precautions are taken.
e. Communications
Communications with register.com are not private and may be published either in their
entirety or in edited form at any time, at the sole discretion of register.com.
9. Ownership of Data
You acknowledge and agree that register.com owns all database, compilation, collective
and similar rights, title and interests worldwide in our domain name and other proprietary
information databases, and all information and derivative works generated from those
databases. Additionally, you hereby grant to register.com a nonexclusive, worldwide,
perpetual, irrevocable, fully paid-up right and license to use in our business, however it
evolves, including the rights to copy, distribute, display, perform, transmit, prepare
derivative works from or otherwise use without restriction the following information: (a)
the original creation date of a domain name registration, (b) the expiration date of a
domain name registration, (c) the name, postal address, email address, voice telephone
number, and where available fax number of the technical contact, administrative contact,
zone contact and billing contact for a domain name registration, (d) any remarks
concerning a registered domain name that appear or should appear in a WHOIS or similar
database, and (e) any other information we generate or obtain in connection with the
provision of the Services. Register.com does not have any ownership interest in your
specific personal registration information or other information other than our rights in
our domain name database, as set forth in this Section 9.
10. Agents and Licenses
You agree that, if you are using the Services for someone else, you represent that you
have the authority to nonetheless bind that person as a principal to all terms and
conditions provided herein, including the Dispute Policy. You accept liability for harm
caused by wrongful use of the Services.
You agree that if you license the use of a domain name registered in your name to a
third party, you nonetheless remain the domain name holder of record, and remain
responsible for all obligations under this Agreement, including but not limited to payment
obligations, and providing (and updating, as necessary) both your own full contact
information, and accurate technical, administrative, billing and zone contact information
adequate to facilitate timely resolution of any problems that arise in connection with the
domain name and domain name registration. As further required by ICANN, you shall accept
liability for harm caused by wrongful use of the domain name, unless you promptly disclose
the identity of the licensee to a party providing you with reasonable evidence of
actionable harm.
11. System Performance Degradation
Register.com depends upon a computer system that is responsive to the demands of the
domain name registration process, and that provides timely information to register.com's
customer service team. Occasionally, register.com's computer system is subjected to
exceptional volumes of incoming domain name registration requests, electronic mail
messages, and/or WHOIS queries that result in significant degradation of register.com's
system processing and response time.
Regardless of the reason, in those instances when there is system performance
degradation as the result of an extremely large volume of incoming electronic messages,
register.com reserves the right, in its sole discretion, to filter or block electronic
messages originating from the identified sources of the high volume traffic. Register.com
will 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.
12. Limitation of Liability
YOU AGREE THAT REGISTER.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a)
SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN
NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e)
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS
BEYOND REGISTER.COM'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME
APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE
POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED
POLICIES. REGISTER.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF
REGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
REGISTER.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE
SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00) BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. 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 (i) your use of the Services, including, but not limited to, your
application for registration, registration, or renewal of any domain name registered in
your name, and (ii) your use of any domain name registered in your name. This
indemnification is in addition to any indemnification required under the UDRP or any
similar policy.
14. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the registration
of the domain name you have applied for nor the manner in which it is intended to be or is
directly or indirectly used infringes the legal rights of a third party. You further
represent and warrant that all information provided by you in connection with your use of
the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU "AS IS."
Except for our statement regarding our accreditation as an ICANN-approved domain name
registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT
OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, REGISTER.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR
FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
15. Suspension, Cancellation, Transfer or Modification
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.
You also acknowledge and agree that register.com may suspend, cancel, transfer or modify
your domain name registration if (a) 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, (b) 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 (c) you use your domain name in
connection with unlawful activity.
You further acknowledge and agree that your domain name registration is subject to
suspension, cancellation, transfer or modification pursuant to the terms of any rules or
policies applicable to your domain name registration, including, but not limited to (i)
the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including register.com) or
registry administrator procedures, or (iv) any other ccTLD registry administrator
procedures.
You also agree that register.com shall have the right in its sole discretion to
suspend, cancel, transfer or otherwise modify your domain name registration at such time
as register.com receives (x) a properly authenticated notification from a court of
competent jurisdiction, or (y) an arbitration award requiring the suspension,
cancellation, transfer or modification of your domain name registration.
Finally, you agree that register.com shall have the right in its sole discretion to
cancel your domain name registration within thirty (30) calendar days of the creation date
of that registration.
16. Governing Law
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to
any dispute over your 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 your domain name registration, any action to enforce this Agreement or
any matter relating to your use of the register.com site shall be brought exclusively in
the United States District Court for the Southern District of New York, or if there is no
jurisdiction in such court, then in a state court in New York County. Notwithstanding the
foregoing, for the adjudication of disputes concerning or arising from use of domain names
registered hereunder, you acknowledge and agree that you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of
the domain name holder's domicile, and (b) where register.com's headquarters are located,
currently New York City, N.Y.
17. Notices
You agree that, unless other instructions are posted on the register.com's Web site,
any notices required to be given under this Agreement will be deemed to have been given if
delivered by email or fax, or sent by certified mail, return receipt requested, or by
Federal Express or other recognized overnight delivery service to each of the parties in
accordance with the most current contact information you have provided to us, and the
contact information for register.com posted on the register.com Web site. All notices
shall be effective upon receipt, except that email and fax notices shall be effective upon
transmission.
18. General
You agree and acknowledge that any acceptance of your application for the Services and
the performance thereof will occur at our offices in New York, New York, the location of
our principal place of business.
You acknowledge and agree that, to the extent necessary, it is your responsibility to:
(1) provide all equipment, including a computer and modem, necessary for you to establish
a connection to the Internet; and (2) provide for your own connection to the Internet and
pay any telephone service fees associated with such connection.
Nothing contained in this Agreement shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
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.
This Agreement may not be amended or modified by you except by means of a written
document signed by both you and an authorized representative of register.com.
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