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The following Terms and Conditions are in addition to the general GodZone Internet Services Terms and Conditions and relate specifically to using us as your Agent for gTLD Internet domains.
This Services Agreement (as it may be amended by us from time to time in accordance with Section 7, "Agreement") between you ("you", "your" or "Customer"), and Register.com, Inc. ("Registrar") sets forth the terms and conditions of your use of the services that you've obtained from Registrar's reseller provider ("Service Provider") set forth herein (collectively, the "Services"). Registrar's subcontractor with respect to these Services ("Subcontractor"), is an intended third party beneficiary of the this Agreement and thus shall be entitled to enforce any obligations against you as if a party to this Agreement.
This Agreement explains our obligations to you, and your obligations to us in relation to the Service(s). When you or someone else you have permitted, uses, modifies or cancels the Service(s) on your behalf (even if we were not notified of such authorization), or requests or purchases additional services under your account, this Agreement covers any such service or actions.
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 established by Registrar from time to time. Sections 5 through 20 apply to any and all services provided by Registrar. Sections 1 through 4 apply only to customers who have requested or obtained the Services referenced in those Sections.
This Agreement as well as any additional Registrar rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Registrar concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications.
a) gTLD Registrations and Renewals
Registrar is an accredited registrar with the Internet Corporation for
Assigned Names and Numbers ("ICANN") for various generic top-level
domain names including .com, .net, .org, .biz, .info, pro, and .name
("gTLDs").
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 gTLD domain name registrations or renewals.
Additional terms and conditions apply to the registration, administration and renewal of the .info, .pro, .biz and .name gTLDs and such terms and conditions can be accessed by clicking here.
b) ccTLD Registration, Administration, and Renewal
In addition to registering and renewing gTLD domain name registratons,
Registrar also registers and renews various country code top level
domains ("ccTLDs"). The registry administrator for each ccTLD 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.
c) No Guarantee of Registration or Renewal
As a domain name registrar, Registrar is, upon accepting your
application to register or renew a domain name, your sponsor for that
application. No domain name registrations shall be deemed effective
unless and until we deliver the domain name registration or renewal
application you provide us to the appropriate registry administrator, as
applicable, and that registry administrator accepts your application and
activates your domain name registration or renewal.
d) You acknowledge and agree that Registrar does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available. You also understand that Registrar 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 or other registry databases. You also acknowledge and agree that Registrar is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that Registrar 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 Registrar is not liable or responsible in any way for any errors, omissions or any other actions by any third party including 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.
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)
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 use the domain
name in violation of any applicable laws or regulations or Registrar's
rules or policies. You agree and acknowledge that it is your
responsibility to determine whether your domain name registration or use
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
Registrar considers the entity named as the registrant contact for the
domain name to be the registrant of that domain name and the entity
authorized to transfer the domain name. Further, the billing contact is
your agent with authority to act on your behalf with respect to the
domain name registration or any other services obtained from Registrar,
including (but not limited to) the authority to terminate, renew, or
modify such services, or obtain additional services.
g) Transfer of Registrar
Your domain name may be automatically set to prevent a transfer to
another Registrar by means of a registrar lock on your domain. By having
a lock status on your domain, you are providing express objection to any
and all transfer requests issued from another Registrar. Should you
choose to transfer to another Registrar, you must contact your Service
Provider and remove the lock prior to our receipt of the transfer
request from the gaining Registrar. If you are not sure whether your
domain name is on lock status or if you need assistance in un-locking
the domain, click here for customer
support.
a) Fees; Service Term; Renewal Reminders
As consideration for the Services, you agree to pay Registrar or your
Service Provider the applicable Service(s) fees set forth on our Web
site or your Service Provider's Web site at the time you request the
service from Registrar. All fees are due immediately and are
non-refundable, except as otherwise expressly noted in one or more of
Sections 1-4. Unless otherwise specified herein, each Registrar Service
is for a one-year initial term (or in the case of domain name
registrations, such longer term as may be required by a particular
registry administrator) and is renewable thereafter for successive one
to ten-year terms, as set forth during the renewal process.
Any renewal of your Services with us is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable Service fees at the time of renewal and in the case of renewal of a domain name registration, the registry administrator's acceptance of such renewal. It is your obligation to affirmatively renew any desired Service and to keep track of all Service expiration dates. Registrar cannot ensure that you will be notified in advance of any Service expiration dates. Please contact your Service Provider to learn more about the renewal service they have selected for you. Your Service Provider may elect to enroll your domain names in our automatic renewal service; however Register.com has no responsibility if your domain name is or is not enrolled in such service. In the event your Service Provider has enabled Register.com to send renewal notifications regarding your paid Services, we will attempt to provide you a renewal reminder prior to the renewal of your registration at least fifteen (15) days in advance of the renewal date. Registrar will attempt to provide this reminder by email to the billing contact on file for the domain name registration.
ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. Registrar reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
b) Your Obligations
You are solely responsible for the credit card and billing contact
information you provide to Registrar or your Service Provider and you
acknowledge and agree that you will promptly inform Registrar or your
Service Provider of any changes thereto (e.g., change of expiration date
or account number).
You are solely responsible for ensuring the Services are renewed. REGISTRAR SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
Billing contacts may have access to Registrar's Domain Manager utility. If you are one of those users, you may use the Domain Manager utility to modify the zone file, DNS, IP, domain alias, MX Records, and contact information for certain gTLDs names registered through or administered by Registrar, or registered by a Registrar cobrand or other reseller. You acknowledge and agree that it is your responsibility to safeguard your selected User name and password from any unauthorized use. IN NO EVENT WILL REGISTRAR BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR USER NAME OR PASSWORD.
If you have more than one Registrar profile (i.e., you have registered multiple domain names through Registrar 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 Domain 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 further acknowledge that any changes you make through Domain Manager may take as long as 72 hours to become effective.
You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that Registrar may modify this Agreement, as well as any additional rules or policies that are or may be published by Registrar, as necessary to comply with Registrar's ICANN agreement, or with any other agreements that Registrar is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances.
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Service(s) on our web site, or upon transmission to you at the e-mail address or postal address (by United States mail) provided by you as the administrative contact. Your continued use of any domain name registered through Registrar shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Registrar, 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 Registrar.
No employee, contractor, agent or representative of Registrar or its subsidiaries is authorized to alter or amend the terms and conditions of this Agreement except by means of a written document signed by you and an authorized officer of Registrar.
You hereby acknowledge and agree that, in connection with your use of certain of Registrar's services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.
In addition to such other information that Registrar may require you to provide in order to obtain the Services, Registrar requires that you submit the following information in connection with domain name registration, administration and renewal services and you acknowledge that such information may also be provided to Subcontractor for fulfillment of the Services.
a) Domain Name Registration, Administration and Renewal Services
The information you are obligated to provide and keep current in
connection with your use of Registrar'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 Registrar, as well as any
domain name registered through, administered, or renewed by Registrar.
We also maintain records 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) Accurate Data
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 Registrar 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.
Without limiting your obligations under Section 5c. of this Agreement, you agree that Registrar (itself or through its third party service providers) is authorized, but not obligated, to use certain address or billing correction services to update and/or to change any address or billing information associated with your account (including, without limitation, registrant address, billing contact address, credit card information), and you agree that Registrar may use and rely upon any such changed information for all purposes in connection with your account (including the sending of renewal notices or invoices or for automatic renewal charges) as though such changes had been made directly by you.
d) Disclosure and Use of Information
You acknowledge and agree that Registrar 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 Registrar 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 Registrar 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
Registrar.
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 Registrar.
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.
Registrar 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. Registrar will have no liability to you or any third party to the extent such reasonable precautions are taken.
e) Communications
Communications with Registrar are not private and may be published
either in their entirety or in edited form at any time, at the sole
discretion of Registrar.
You acknowledge and agree that Registrar 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 Registrar 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. Registrar 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.
You agree that you may not transfer a domain name registration to another domain name registrar during the first sixty (60) days from the effective date of the initial domain name registration with us. After that time, you may transfer your domain name registration to a third party domain name registrar of your choice, subject to Registrar's transfer procedures and conditions incorporated herein by reference.
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.
Registrar depends its own and third party, including registry administrators, computer systems to operate the domain name registration process, and that provides timely information to Registrar's customer service team.
Occasionally, these computer systems are subjected to exceptional volumes of incoming service requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of system processing and response time.
Regardless of the reason, in those instances when there is system performance degradation, Registrar reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of the high volume traffic. Registrar will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Registrar further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
YOU AGREE THAT REGISTRAR AND SUBCONTRACTOR WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR SERVICE(S) (INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION OR RENEWAL SERVICES), (b) USE OF THE SERVICE(S) (INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND UNAUTHORIZED USE OR MISUSE OF YOUR USER NAME AND PASSWORD), (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 REGISTRAR'S OR SUBCONTRACTOR'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. NEITHER REGISTRAR NOR SUBCONTRACTOR 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 REGISTRAR OR SUBCONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRAR'S OR SUBCONTRACTOR'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.
You agree to defend, indemnify and hold harmless Registrar and Subcontractor 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 of, renewal of or failure to register or renew a particular domain name registered in your name, and (ii) your use of any domain name registration. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
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.
In addition to representations in other Sections of this Agreement, 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, REGISTRAR MAKES 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, REGISTRAR 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.
You acknowledge and agree that Registrar may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in Registrar's sole discretion. Without limiting the foregoing, Registrar may, in its sole discretion, suspend, cancel, transfer or modify a domain name registration (a) to correct mistakes made by Registrar, another registrar, or the applicable registry administrator, (b) to resolve a dispute related to that domain name, (c) within thirty (30) calendar days of the creation date of that domain name registration, (d) if 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 Registrar, (e) if 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, (f) if you use a domain name in connection with unlawful activity, and (g) if and for so long as Customer fails to make payment of any fees when due in accordance with the Agreement.
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 Registrar) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures.
You also agree that Registrar shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as Registrar 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.
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a 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 a domain name registration, any action to enforce this Agreement or any matter relating to your use of the Registrar 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 Registrar's headquarters are located, currently New York City, N.Y.
Subject to the terms of Section 7 of this Agreement, you agree that, unless other instructions are posted on Registrar'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 Registrar posted on the Registrar Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
In the event of any conflict between this Agreement and the terms and conditions governing your use of any service(s) provided by Registrar's third party service providers or any registry administrator, the terms and conditions of this Agreement shall govern as it relates of any rights and remedies as between you and Registrar.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within ten (10) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Registrar may immediately terminate this Agreement and shall have no liability therefor.
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.
Except as otherwise set forth herein, your rights under this Agreement are neither assignable nor transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to resell any of the Services without Registrar's prior express written consent.
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. Except as expressly stated herein, this Agreement shall not be construed to create any obligation by Registrar to any non-party to this Agreement.
The failure of Registrar 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 Registrar 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. Registrar 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 Registrar as reflected in the original provision.
INFORMATION FOR CALIFORNIA RESIDENTS:
Under California Civil Code Section 1789.3, California residents
entitled to the following specific consumer rights information:
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.
Register.com and Subcontractor 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 Subcontractor 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 Subcontractor, the customer will be billed not less than $500 per individual complaint received by Register.com and Subcontractor staff.
In addition, Register.com and Subcontractor 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 Subcontractor may take or remedies available to either of us in any way with respect to any of the described conduct. Register.com and Subcontractor 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 Subcontractor 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 Subcontractor reserve the right to enforce such policy or rule at their sole discretion.
"Customer" refers to the business entity which has contracted with Register.com for email services.