Contrato da Register.Com
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. (Click here
for a current list of additional rules and policies.)
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.
Table of Contents
- Domain
Name Registration, Administration, and Renewal Services
- FirstStepPortal(sm)
- Site
Submit
- FirstStepSite™
- Electronic
Mail
- Account
Manager
- Changes
to this Agreement or to Additional Rules or Policies
- Information
and Its Use
- Ownership
of Data
- Agents
and Licenses
- System
Performance Degradation
- Limitation
of Liability
- Indemnification
of Register.com
- Representations
and Warranties
- Suspension,
Cancellation, Transfer or Modification
- Governing
Law
- Notices
- General
- Domain Name Registration, Administration, and Renewal Services
- .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. (Click here
for a current copy of the UDRP.)
- 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.)
- 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.
- 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.
- 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.
- 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.
- Coming Soon Web Page
All domain names registered through Register.com are pointed to a "Coming Soon"
Web page which informs visitors that the registrant has recently registered their domain
name via Register.com. The Coming Soon Web page may be modified by us from time to time
and may include (i) links to additional products and services offered by Register.com,
(ii) advertisements for products and services offered by third-parties, and/or (iii) an
internet search engine interface. To see a sample of the current Coming Soon Web page,
please click here. If for any
reason you do not wish to have the domain name you have registered pointed to a Coming
Soon Web page, please notify our Customer Support team by clicking
here, or use Register.com's Account Manager utility to disable the Coming Soon Page.
You may access Register.com's Account Manager utility by clicking here.
- User Name and Password
The first time you apply to use Register.com's domain name registration, administration,
and renewal services, you will be asked to select a User name and password. That User name
and password are the means through which you access to certain of the Services. Please
safeguard the User name and password you select from any unauthorized use. You acknowledge
and agree that in no event will Register.com be liable for the unauthorized use or misuse
of your User name or password.
- 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 most recent credit card used to purchase a domain name registration or other service
under your User name at 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 most recent credit card
you used to purchase a domain name registration or other service 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. This paragraph does not apply to .uk
and .tv domain name registrations.
- FirstStepPortal(sm)
FirstStepPortal provides you with the capability to forward visitors to a domain name
residing on Register.com's DNS servers to a Web site designated by you (a "forward to
address").
You acknowledge and agree that your use of FirstStepPortal is subject to the terms of this
Agreement. You further acknowledge and agree that you may use FirstStepPortal to link your
domain name to a forward to address, but you that you may not use FirstStepPortal for
unlawful purposes, or for the forwarding of a domain name not registered in your name, or
the forwarding to an invalid forward to address.
- Site Submit
Site Submit forwards certain information submitted by you regarding certain Web sites to
certain Internet search engine and directory sites. Site Submit further re-forwards the
information submitted by you once per month for a period of one year from the date of your
initial submission.
By using Site Submit, you are agreeing to be bound by the rules and regulations set forth
by the sites to which your submission(s) are forwarded from time to time for those
respective sites only.
You acknowledge and agree that Register.com cannot guarantee that your Site Submit
submission will be listed in each of the search engine and directory sites to which that
submission has been forwarded, as Register.com is not affiliated with, nor does it control
those sites. You further acknowledge and agree that Register.com or search engine or
directory sites may elect to accept or reject your submission(s) for any reason at their
sole discretion, such rejection including, but not limited to, rejection due to a
submission concerning a site which engages in or promotes illegal activity. You also
acknowledge and agree that Register.com is not liable or responsible in any way for any
errors, omissions, delays, or any other actions by any search engine or directory site to
which your submission is forwarded, including, but not limited to any errors arising out
of or related to the forwarding of your submission, or the listing of or failure to list
your submission. You additionally agree to indemnify, defend and hold harmless all
applicable site administrators and their 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 submission, or the
listing or failure to list your submission.
As consideration for your use of the Site Submit service, you agree to pay Register.com,
prior to Register.com's forwarding of your submission(s) to any search engine or directory
site, the then-current submission fees set forth in the Register.com price schedule for
the Site Submit service. (View
Register.com's current Site Submit price schedule.) Unless you cancel the Site Submit
service within the first 60 days of the date of your initial submission, all Site Submit
fees are non-refundable, in whole or in part, even if your submissions are not accepted or
are subsequently removed.
Your Site Submit submission will not be forwarded until we receive actual payment of the
applicable fees, or reasonable assurance of payment of the fees from some other entity
(such reasonable assurance as determined by Register.com in its sole discretion).
- FirstStepSite™
FirstStepSite provides the ability to create and post Web sites ("User Web
Sites"). (Click here
for the specific features of the WebSiteNOW!™ Software.)
You agree and acknowledge that Register.com allows one Web site per domain name. You also
agree and acknowledge that your use of the FirstStepSite service is entirely at your own
risk, and that Register.com makes no implied or express warranties about the reliability
of the FirstStepSite service or Web sites created using the FirstStepSite service. You
further agree and acknowledge that Register.com is not responsible for any damage caused
by loss of access to, or deletion or alteration of User Web Sites.
You agree and acknowledge that you are fully responsible for your actions and User Web
Sites, including, but not limited to any opinions and views expressed in those Web sites.
You further agree and acknowledge that Register.com may remove or delete any User Web
Sites or any portion thereof that Register.com deems unacceptable for any reason, and may
suspend or cancel without prior notice your access to and use of the FirstStepSite service
for any violation of the terms and conditions in this Agreement, in Register.com's sole
discretion, and without prior notice to you.
You agree and acknowledge that Register.com may place advertising banners into any Web
site(s) created with the FirstStepSite service.
You agree to abide by all applicable local, state, national and international laws and
regulations in connection with your use of the FirstStepSite service.
- Prohibited Conduct
You agree that the following is a non-exclusive list of actions and User Web Sites that
are not permitted:
- the uploading, posting or otherwise transmitting of any User Web Sites that are
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
- the impersonation any person or entity, including, but not limited to, a Register.com
official, forum leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- the forgery of any headers or other manipulation of identifiers in order to disguise the
origin of any User Web Site transmitted through the FirstStepSite service or the
development of restricted or password-only access pages, or hidden pages or images (those
not linked to from another accessible page);
- the uploading, posting or other transmittal of any content that you do not have a right
to transmit under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
- the uploading, posting or other transmittal any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
- the uploading, posting or other transmittal of any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
- the uploading, posting or other transmittal of any content that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment;
- disrupting the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the FirstStepSite service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
- intentionally or unintentionally violating any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
- "stalking" or otherwise harassing another;
- collecting or storing personal data about other users;
- promoting or providing instructional information about illegal activities, promoting
physical harm or injury against any group or individual, or promoting any act of cruelty
to animals. This may include, but is not limited to, providing instructions on how to
assemble bombs, grenades and other weapons, and creating "Crush" sites;
- the use your User Web Sites as storage for remote loading or as a door or signpost to
another home page;
- engaging in commercial activities without enrolling in Register.com-approved affiliate
programs. This includes, but is not limited to, the following activities:
offering for sale any products or services; soliciting for advertisers or sponsors;
conducting raffles or contests that require any type of entry fee; displaying a
sponsorship banner of any kind, including those that are generated by banner or link
exchange services; and displaying banners for services that provide cash or
cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.
- removing any of the advertising banners inserted into your User Web Sites;
- the placement of advertising banners into your User Web Sites apart from your logo, if
any;
- exporting software or technical information in violation of U.S. export control laws;
- attempting to access the accounts of others, or attempting to penetrate security
measures of Register.com or other entities' systems ("hacking"), whether or not
the intrusion results in corruption or loss of data;
- sending of the same or substantially similar unsolicited electronic mail message,
whether commercial or not, to a large number of recipients. This prohibition extends to
the sending of unsolicited mass mailings from another service that in any way implicates
the use of Register.com's service, Register.com's equipment or any Register.com electronic
mail address;
- posting any MP3 format files;
- installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines
that generate excessive amounts of net traffic, or disrupt net newsgroups or email use by
others;
- any resale or any exploitation for any commercial purposes of Register.com services,
including but not limited to, the FirstStepSite service, by any and all means unless
approved in advance in writing by Register.com.
Currently, there is no fee associated with Register.com's FirstStepSite service.
- Electronic Mail
Register.com's electronic mail service provides you with the capability to send and
receive electronic mail via the Internet.
Register.com has set no fixed upper limit on the number of messages you may send or
receive through its electronic mail service; however, the storage space associated with
your electronic mail account is currently set at 5 megabytes. Notwithstanding the
foregoing, Register.com retains the right, at Register.com' sole discretion, to restrict
the volume of messages transmitted or received by you in order to maintain the quality of
our electronic mail services to other customers and to protect our computer systems.
Register.com will, in our sole discretion, determine whether or not your conduct is
consistent with (i) this Agreement, (ii) any Register.com operating rules or policies, or
(iii) any rules or policies of Register.com's outsource contracter for email services,
Critical Path, Inc. ("Contractor"), whose rules and policies can be found at the
bottom
of this document, and Register.com or Contractor may terminate your electronic mail
service if your conduct is found to be unlawful, inconsistent with, or in violation of,
this Agreement or such rules or policies. By agreeing to the terms of this Agreement you
acknowledge and agree that you are bound to Contractor's rules and policies located at the
bottom
of this document, as may be modified and updated from time to time by Contractor or
Register.com.
You acknowldge that your use of Register.com's electronic mail services, including the
initiation or delivery of any unsolicited electronic mail messages, will use or cause to
be used Contractor's equipment in the State of California and that violations of
Contractor's rules and policies found by clicking
here, may subject you, as applicable, to criminal or civil liability, including
without limitation under California Business & Professions Code Section 17538.45.
Register.com's electronic mail service is subject to scheduled (from 12:00 am pacific
standard United States time to 3:00 am pacific standard United States time every Saturday)
and unscheduled outages which will impact your ability to use the electronic mail service.
We will use commercially reasonable efforts to restore the service after any unscheduled
outages.
In order to receive Register.com's electronic mail service, we must host your domain name
record. If you transfer your domain name record to a third party in conjunction with a
live Web site or for any other reason or allow your domain name registration to expire,
you will no longer be able to use Register.com's electronic mail service. We will not
refund fees, if any, you have paid for the electronic mail service if you elect to
transfer your domain name record to a third party.
Your right to use Register.com's electronic mail service is personal to you. You agree not
to resell the electronic mail service, without the prior express written consent of
Register.com.
Register.com will not monitor, edit or disclose the contents of your private
communications with third parties unless required to do so by law or in the good faith
belief that such action is necessary to: (1) conform to the law or comply with legal
process served on Register.com; (2) protect and defend the rights or property of
Register.com; or (3) act under exigent circumstances to protect the personal safety of our
customers or the public.
You acknowledge and agree that Register.com neither endorses the contents of any of your
communications nor assumes responsibility for such content, including but not limited to
any threatening, libelous, obscene, harassing or offensive material contained therein, any
infringement of third party intellectual property rights arising therefrom or any crime
facilitated thereby.
You acknowledge and agree that certain technical processing of email messages and their
content may be required to: (1) send and receive messages; (2) conform to connecting
networks' technical requirements; (3) conform to the limitations of electronic mail
service; or (4) conform to other similar requirements.
You are solely responsible for the content of your transmissions through Register.com's
electronic mail service. You agree to comply with all applicable local, state, national
and international laws and regulations regarding email communications and use. You further
agree: (1) to comply with U.S. law regarding the transmission of technical data exported
from the United States through Register.com's electronic mail service; (2) not to use the
electronic mail service for illegal purposes; and (3) not to interfere with or disrupt
networks connected to Register.com's electronic mail service.
You also agree not to use electronic mail service for sending chain letters, or any other
electronic mail message to promote (directly or indirectly) the sale or other distribution
of goods or services to a recipient with whom you do not have an existing or previous
business or personal relationship or for any use of distribution lists to any person who
has not given specific permission to be included in such a process. You agree not to
transmit through Register.com's electronic mail service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature.
You further agree not to transmit any material that encourages conduct that could
constitute a criminal offense, gives rise to civil liability or otherwise violates any
applicable local, state, national or international law or regulation. Attempts to gain
unauthorized access to other computer systems are prohibited.
You agree not to interfere with another customer's use and enjoyment of the electronic
mail service or another entity's use and enjoyment of similar services.
Contractor, or its successor, shall be an intended third party beneficiary of
Register.com's electronic mail service customer's obligations under this Agreement and
thus shall be entitled to enforce those obligations against you as if a party to this
Agreement.
Register.com may, at its sole discretion, immediately terminate the electronic mail
service if your conduct fails to conform with these terms and conditions with no
obligation to refund fees paid. You agree that Register.com shall under no circumstances
be held liable on account of any action it takes, in good faith, to restrict transmission
of material that it or any user of electronic mail service considers to be obscene, lewd,
lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or
not such material is constitutionally protected.
- Account Manager
Certain Register.com users have access to Register.com's Account Manager utility. If you
are one of those users, you may use the Account Manager utility to modify the zone file,
DNS, IP, domain alias, MX Records and SOA WHOIS, and contact information for any .com,
.net, or .org domain name registered through or administered by Register.com, or
registered by a Register.com cobrand or other reseller.
Those users with access to Account Manager utility may log into the utility
using the username and password established during the application process. If you have
more than one Register.com profile (i.e., you have registered multiple domain names
through Register.com and have created a different user name and password profile for each
domain name), be sure that you use the username and password for the domain name you
intend to manage using Account Manager. If you have more than one domain name associated
with a username and password, you will be able to login and perform edits on all domain
names associated with that username and password.
You acknowledge that the functionality of Account Manager will differ based on the date of
registration, as well as whether or not the domain name lists Register.com's domain name
servers as authoritative for the domain name. You further acknowledge that any changes you
make through Account Manager may take as long as 72 hours to become effective.
- 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.
- 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.
- Domain Name Registration, Administration and Renewal Services
The information you are obligated to provide and keep current in connection with your use
of Register.com's domain name registration, administration, and renewal services is the
following:
- Your full name (or the name of the 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);
- The domain name being registered; and
- 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.
- 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:
- The original creation date of a domain name registration, renewal, or request for
service;
- The submission date and time of a registration or renewal application to us and by us to
the proper registry;
- Communications (electronic or paper form) constituting submissions, forwarding,
modifications, or terminations of service and related correspondence between you and us;
- Records of your account, including dates and amounts of all payments and refunds;
- The IP addresses of the primary nameserver and any secondary nameservers for the domain
name;
- The corresponding names of those nameservers;
- The name, postal address, email address, voice telephone number, and where available,
fax number of the zone contact for a domain name;
- The expiration date of a domain name registration; and
- Information regarding all other activity between you and us regarding your use of the
services.
- 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.
- 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. One of the ways
that Register.com may make some or all of the information you provide available to the
public or third parties is by way of bulk WHOIS data access provided to third parties who
enter into a bulk WHOIS data access agreement with Register.com. Please click here to refer to
Register.com's bulk WHOIS data policies and click here
if you would like your WHOIS information made available for bulk access.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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, and this Agreement
shall not be construed to create any obligation by Register.com to any non-party to this
Agreement.
The failure of Register.com to require your performance of any provision hereof shall not
affect the full right to require such performance at any time thereafter; nor shall the
waiver by Register.com of a breach of any provision hereof be taken or held to be a waiver
of the provision itself. In the event that any provision of this Agreement shall be
unenforceable or invalid under any applicable law or be so held by applicable court
decision, such unenforceability or invalidity shall not render this Agreement
unenforceable or invalid as a whole. Register.com will amend or replace such provision
with one that is valid and enforceable and which achieves, to the extent possible, the
original objectives and intent of Register.com as reflected in the original provision.
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.
INFORMATION FOR CALIFORNIA RESIDENTS:
Under California Civil Code Section 1789.3, California residents entitled to the following
specific consumer rights information:
Pricing Information. Current rates for using the Services may be obtained by
going to the pricing
schedule on our Web site or any other Web site operated by Register.com. Register.com
reserves the right to change fees, surcharges, renewal fees or to institute new fees at
any time.
Complaints. The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted in writing at
1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Electronic Mail Acceptable Use Policy
Without exception, Register.com and Contractor decry the practice of mass-mailing unwanted
email solicitations of any type, regardless of content, and we will do everything within
our power to reduce the flood of this type of traffic across the Internet.
Please read and understand the policies in the Mass
Mailing Policy.
To this and similar ends, we have instituted the following policies (please also see our Glossary
definitions below):
Unsolicited Bulk Email (popularly known as "spam")
- Any electronic mail customer who sends unsolicited advertisements or solicitations,
commercial or otherwise, may have their account disabled and be disallowed further
service.
- The electronic mail customer is responsible for ensuring that the services obtained from
Register.com and Contractor are used in an appropriate manner. Therefore, the electronic
mail customer must take steps to manage the use of the services obtained in such a way
that network abuse is minimized. The electronic mail customer must also make contact
information publicly available, and must respond in a timely manner to any complaints.
- In extreme cases, Register.com and Contractor operations personnel have the option to
immediately disable any account in order to forestall further abuse or damage to email
systems.
- Unsolicited advertisements or solicitations sent from other networks which reference
email accounts hosted at Contractor shall be treated as if they originated from the
account referenced, unless there is sufficient reason given for Contractor operations
staff to believe that the message truly originated with some unrelated party.
- Likewise, postings made to the Usenet newsgroups or other online forums which reference
email accounts hosted at Contractor, and are deemed to be inappropriate according to the
local ethical standards of that forum, may be treated in the same manner as unsolicited
bulk email above.
Filtering of Incoming Email
- As owner of the equipment and other resources utilized to provide services, Contractor
has the legal right to block electronic communications from other entities on the
Internet.
- Customers should be aware that such blocking or filtering may take place if deemed
necessary by designated members of the Contractor operations staff (or a third party
chosen by Contractor and made known to the Customer.) Whenever possible, the party being
blocked shall be made aware of such action before it occurs.
Illegal Activities
- Services offered may only be used for lawful purposes. Transmission, distribution, or
storage of any information, data or material in violation of United States or of state
regulation or law, or by the common law, is prohibited. This includes, but is not limited
to, material protected by copyright, trademark, trade secret, or any other statue.
- Register.com and Contractor reserve the right to cooperate with law enforcement and
other legal authorities in investigating claims of illegal activity.
- Register.com and Contractor will not release any information regarding our customers
(excepting that which is public knowledge, such as the WHOIS database) to any third party
except upon presentation of a valid court order from a government or legal entity with
proper jurisdiction. The customer agrees that Register.com and Contractor's judgement as
to the validity of any such order shall be considered proper and final.
Right to Damages
- Register.com and Contractor consider most instances of unsolicited bulk email to be a
theft of services and reserves the right to prosecute originators of same in a court of
law.
- Register.com and Contractor reserve the right to collect damages (software, hardware,
and man hours) if any harm is done to our network or equipment which requires repair or
reconfiguration of any kind.
- If deemed appropriate by Register.com and Contractor, the customer will be billed not
less than $500 per individual complaint received by Register.com and Contractor staff.
- In addition, Register.com and Contractor reserve the right to collect punitive damages
in recompense for any perceived loss of brand reputation.
Nothing contained in this document shall be construed to limit action Register.com or
Contractor may take or remedies available to either of us in any way with respect to any
of the described conduct. Register.com and Contractor reserve the right to take any
additional actions we may consider appropriate with respect to such conduct, including
without limitation taking action to recover costs and expenses of identifying offenders
and removing them from our network or systems, and levying cancellation charges to cover
costs in the event of disconnection for the causes outlined in this Policy document. In
addition, Register.com and Contractor reserve at all times all rights and remedies
available to us with respect to such conduct at law or in equity.
Non-enforcement of any policy or rule herein does not constitute consent or waiver, and
Register.com and Contractor reserve the right to enforce such policy or rule at their sole
discretion.
Definitions used in this document
- "Customer" refers to the business entity which has contracted with
Register.com for email services.
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