Register.com Terms and Conditions

Register.com Website Hosting Services Addendum

This website Hosting Services Addendum (the "Addendum") is by and between you and Register.com, Inc. ("Register.com"), and sets forth the terms and conditions of your use of Register.com's Website Hosting service and Website building tools (the "Service"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Addendum, as well as any additional rules or policies that are or may be published by Register.com from time to time, including Register.com's Services Agreement found at http://www.register.com/service-agreement.cgi?cmp=IL10682 (the "Services Agreement"). This Addendum, 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 Service, and supersede and govern all prior proposals, agreements, or other communications. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS ADDENDUM AND THE TERMS OF THE SERVICES AGREEMENT, THIS ADDENDUM SHALL GOVERN. Unless explicitly stated otherwise, any new features, updates, upgrades or versions that augment or enhance the current Service shall be subject to this Addendum. Please note that other Register.com services, outside of the Service, are governed by the Services Agreement and may be governed by other terms and conditions.

1. The Service
The Service provides the ability to create and publish a World Wide Website (a "User Website"). You agree and acknowledge that Register.com allows only one User Website per domain name.

Your right to use the Service is personal to you. In order to utilize the Service, Register.com must host your domain name record. If we do not host your domain name record, we may decide, in our sole discretion, to terminate your Service or transfer your website hosting account to a third party hosting provider. If you transfer your domain name record to a third party registrar or registrant, or allow your domain name registration to expire, you may no longer be able to use the Service. In addition, we will not transfer the Service to another customer or to another domain name residing at Register.com.

When you sign up for the Service, you may receive an e-mail or instructions from Register.com advising you to configure your domain name to a IP address for your account. Once you configure your domain name to such IP address and until you publish your website, your domain name will resolve to a Register.com "Coming Soon" Web page, which informs visitors that you recently ordered hosting services from Register.com and have a website under construction. The Coming Soon Web page may be modified at any time by Register.com without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Register.com and third parties. To see a sample Coming Soon Web page, please visit http://comingsoon.hostingbyregister.com. If, for any reason, you do not wish to have your domain name resolve to a Coming Soon Web page, you will need to either publish your own website or change the IP address associated with your domain name.

2. Payment Terms; Renewal of Service
2.1 Fees
As consideration for the Service, you agree to pay Register.com, upon submission of your Service application or renewal application, the then-current fees set forth in the Register.com price schedule for the Service when such fees are due. The Service is subject to a 30-day money-back guarantee. After the initial 30-days, all fees are non-refundable. 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.

2.2 Data Storage and Transfer Fees
All hosting plans are subject to storage and transfer limitations. In the event usage of the Service exceeds the allotted limits for a plan, you are responsible for all charges related to such excess stored data or transfers. In the event that you do not pay any applicable overage fees, Register.com reserves the right to suspend or disable your account until such fees are paid.

2.3 Upgrades
You will have the ability to upgrade the Service at any time during the term of your Service. Such upgrade will take effect immediately. For any upgrade in package level, the credit or debit card that you provided in connection with your initial registration for the Service will be charged a pro-rata amount for the higher-level Service based on the number of days remaining in the monthly term. Downgrades in Service are not available.

2.4 Billing and Renewal
Your service application or renewal application will not be processed unless we receive actual payment of the service fee. By supplying your credit or debit card for the payment of the service fee, you authorize Register.com to automatically charge your credit or debit card for charges that apply to your account. Your credit card will be charged monthly in advance for the following month's service. Your subscription will continue to automatically renew monthly, unless terminated by Register.com for failure to pay monthly fees or any other reason, or until you cancel the Service in Account Manager or by contacting Customer Support and confirming the cancellation.

If the credit or debit card on file with us has expired, is otherwise invalid or otherwise cannot be processed for any reason, we will attempt to notify you of this fact by e-mail and give you an opportunity to provide us with a valid credit card. If no such information is provided prior to the expiration date of the Service, the Service may not be renewed and all information contained within your User website may be deleted permanently. Register.com accepts no liability for deleted information or Content.

2.5 Cancellation and Termination
If you cancel the Service before the end of the term, you will have access to the Service for the remainder of the monthly term for which you have prepaid. When your Service expires or is terminated, or your domain name expires, your User Website will cease resolving on the Internet, you will no longer have access to the Service, and all information and Content contained therein will be deleted. Register.com accepts no liability for such deleted information or Content.

3. User Website Content
You understand that you are solely and fully responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials ("Content"), whether publicly posted or privately transmitted using the Service or a User Website. Register.com does not pre-screen Content, but Register.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available to others using the Service or on a User Website. Register.com neither endorses the Content of your User Website nor assumes responsibility for such Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

The following is a non-exclusive list of activities prohibited under the terms of this Addendum:

a. the uploading, posting, or otherwise transmitting of any Content on a User Website that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically, or otherwise objectionable, or violates privacy, publicity, or other personal rights of others;
b. sending unsolicited bulk and/or commercial messages over the Internet to a large number of recipients (known as "spamming"), or maintaining an open SMTP relay. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Service, Register.com's equipment or any domain name registration or electronic mail address serviced by Register.com;
c. the forgery of any headers or other manipulation of identifiers in order to disguise the origin of any message sent in connection to a User Website;
d. using the Service to harm minors in any way, including to advertise, transmit, store, post, display, or otherwise make available child pornography. Register.com is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Service;
e. the uploading, posting, or other transmittal of any Content that violates, infringes, or misappropriates the intellectual property rights of others, including patents, trademarks, service marks, trade secrets, copyrights, or other proprietary rights of any party;
f. the uploading, posting or other transmittal of any Content that you do not have a right to transmit under any law or under contractual, fiduciary, or personal relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. using the Service to create, upload, post, or transmit any viruses, worms, Trojan horses, or for pinging, flooding, mailbombing or denial of service attacks or any other malicious computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. attacking or attempting to gain unauthorized access to the data, computers, accounts, systems, or networks of others, or attempting to penetrate security measures of Register.com or other entities' systems ("hacking"), or engaging in any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, probe, or other information gathering activity);
i. installation of 'auto-responders', 'cancel-bots', or similar automated or manual routines that generate excessive amounts of net traffic, or disrupt net newsgroups or e-mail use by others.
j. engaging in activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment;
k. violating any local, state, national, or international laws;
l. engaging in or promoting gambling;
m. displaying or promoting any type(s) of intoxicant, alcoholic beverage, cigarettes, or drug, where prohibited by local, state, national, or international law;
n. "stalking" or otherwise harassing another;
o. collecting or storing personal data about others without their consent;
p. advocating, promoting, or providing assistance in carrying out violence or physical harm against any persons, nations, groups, entities, or animals, including providing instructions on how to assemble explosive devices or other weapons, describing or displaying a weapon, parts of weapons or manuals for assembling any weapon, or promoting products or services that involve a significant risk of death or injury to any persons, or damage to business or other entities or property;
q. exporting software or technical information, including encryption software, in violation of U.S. or international export control laws;
r. the use of your User Websites as storage for remote loading or as a door or signpost to another home page;
s. the impersonation of any person or entity, including, but not limited to, a Register.com official, forum leader, guide, or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
t. removing, modifying or hiding any of the advertising banners inserted into your User Websites;
u. any resale or any exploitation for any commercial purposes of the Service by any and all means unless approved in advance in writing by Register.com; and
v. Advertising, transmitting, offering for sale or otherwise making available any software, program, product, service, or information that is designed to violate terms (a) through (u) above, or that Register.com determines, in its sole discretion, is inappropriate for sale through the Service provided by Register.com.

4. Copyrights
All hosting customers agree to abide by all applicable local, state, national, and international laws and regulations, including laws protecting Intellectual Property in all forms (e.g., copyrights, trademarks, and patents), in connection with the use of hosting accounts.

5. Proprietary Rights; License Grant
5.1 The Software
You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisements is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Register.com or its advertisers, you agree not to duplicate, modify, reproduce, rent, lease, loan, sell, give, sublicense, assign, distribute, otherwise transfer, create derivative works based on, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code for the Service or the Software, in whole or in part, or to allow or assist any others to do so. Subject to the use restrictions of this Section 5, Register.com grants you a personal, non-transferable, non-sublicensable, and non-exclusive right and license to use the object code of its Software for the sole purpose of accessing and using the Service. You agree not to access the Service by any means other than through the interface that is provided by Register.com for use in accessing the Service.

5.2 Digital Content
Through our service, you may also be provided with objects including their API's as well as images, photographs, templates, animations, video, audio, music, text, and applets, and online or electronic documentation (together called the "Digital Content"). You agree that if you utilize such Digital Content, you must first agree to be bound by the terms and conditions of Register.com's Digital Content License Agreement (the "Digital Content License") (included at the end of this Addendum). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE DIGITAL CONTENT LICENSE, DO NOT DOWNLOAD ANY DIGITAL CONTENT.

6. Your Representations; Communications
By applying to use the Service, or by asking us to maintain or renew your use of the Service, you hereby represent and warrant to us that (a) any statements made by you in connection with your application to use or renew the Service are complete and accurate; (b) to your knowledge, your use of the Service will not infringe upon or otherwise violate the rights of any third party; (c) you are not using the Service for an unlawful purpose; (d) you will not knowingly use the Service in violation of this Addendum or any applicable laws or regulations; and (e) you are at least 18 years of age and under no legal disabilities that would prevent you from entering into this Addendum (otherwise, a parent or guardian must accept this Addendum and make the proper payment). You agree and acknowledge that it is your responsibility to determine whether your User Website infringes or violates someone else's rights. You understand and agree that the Service may include certain communications from Register.com, such as renewal and billing notices, service announcements, and administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. On occasion, Register.com may have a need to communicate with you via e-mail about these issues. It is your responsibility to check e-mail sent to the e-mail address associated with the Service, which is the address that you provide to us in your Service application.

7. Changes to this Addendum or to Additional Rules or Policies
Except as otherwise provided in this Addendum, you agree, during the term of this Addendum, that we may: (1) revise the terms and conditions of this Addendum; and/or (2) change part of the Service provided under this Addendum at any time (including, without limitation, changing your Service provider). Any such revision or change will be binding and effective 30 days after posting of the revised Addendum or change to the Service on our website, or upon transmission to you at the e-mail address or postal address (by United States mail) provided by you in connection with the Service. You also acknowledge and agree that it is your responsibility to check the website located at www.register.com periodically for modifications to this Addendum and that your continued use of the Service shall constitute your acceptance of this Addendum 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 Service be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Addendum or any additional rules or policies that are or may be published by Register.com.

No employee, contractor, agent, or representative of Register.com or its subsidiaries is authorized to alter or amend the terms and conditions of this Addendum except by means of a written document signed by you and an authorized officer of Register.com.

8. Information and Its Disclosure
You hereby acknowledge and agree that, in connection with your use of the Service, you are required to provide certain information (such as the name, postal address, e-mail address, voice telephone number, and facsimile number of the contact person for the User Website). You further agree and acknowledge that it is your responsibility to update this information promptly as needed to keep it current, complete, and accurate. All other information which we may request from you in connection with the Service is voluntary; however, not providing such information may prevent you from obtaining information about services other than the Service. 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 Addendum that will be sufficient basis for cancellation of the Service.

In the event that in applying to use the Service you are providing information about 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 Addendum, 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 Addendum.

Pursuant to Register.com's Privacy Policy, Register.com may make available information about your use of the Service that you provide, or that we otherwise maintain, to such public or private third parties as applicable laws require or permit, including, but not limited to, making publicly available, or directly available, some or all of such information: (i) for inspection by law enforcement officials (including in the case of potential criminal activity); (ii) to respond to criminal and civil subpoenas and court orders that reasonably appear to be valid; (ii) for targeted marketing, (iii) in connection with the sale of all or certain of our assets, (iv) to enforce or apply the terms of this Addendum; and (v) to protect the rights, property, or safety of Register.com, our users, or others. 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 your use of the Service (including any updates to such information), whether during or after the term of your use of the Service. 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.

Register.com will take reasonable precautions to protect the information it obtains from you from loss, misuse, unauthorized use, access, or disclosure of that information. Register.com will have no liability to you or any third party to the extent such reasonable precautions are taken.

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. Use of the Service could involve listing your participation in relevant directories, and you expressly grant permission for such listings.

Additional details on privacy and Register.com's use of customer information can be found in Register.com's Privacy Notice located at http://www.register.com/privacy-notice/index.cgi. To the extent that there are any differences between the terms of this Addendum and the Privacy Notice, the terms of this Addendum shall govern.

9. Ownership of Data
You acknowledge and agree that Register.com owns all database, compilation, collective, and similar rights, title, and interest worldwide in our proprietary information databases, and all information and derivative works generated from those databases. 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 creation date of a User Website, (b) the expiration date of a User Website, (c) the name, postal address, e-mail address, voice telephone number, and facsimile number of the contact person for the User Website, (d) any remarks concerning the User Website that appear in Register.com's database, and (e) any other information Register.com generates or obtains in connection with its provision of the Service. Register.com does not have any ownership interest in your specific personal information or other information other than our rights in our database, as set forth in this Section 9.

10. Security
You are responsible for maintaining the security of your account and User Website, and you are fully responsible for all activities that occur under the account and on the User Website, and for any other actions taken in connection with a registered domain name, including those users to whom you give e-mail accounts associated with your domain names ("E-mail Users"). You agree to immediately notify Register.com of any unauthorized uses of the account or any other breaches of security. Register.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Register.com be liable, in any way, for any acts or omissions, of you or any E-Mail User, including any damages of any kind incurred as a result of such acts or omissions.

11. Agents
You agree that, if you are using the Service for someone else, you represent and warrant that you have: (a) provided notice to that third party of your intent to purchase the Service; (b) obtained that third party's express consent to purchase the Service on its behalf; (c) obtained consent to post the content included on your User Website; and (d) the authority to bind that person as a principal to all terms and conditions provided herein.

12. System Performance Degradation
Register.com and its third party partners depend upon computer systems that are responsive to the demands of their users, and that provide timely information to Register.com's customer service team. Occasionally, these computer systems are subjected to exceptional volumes of incoming data and/or processes that result in significant degradation of their 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 data and/or processes, Register.com reserves the right, in its sole discretion, to filter or block data and/or processes originating from or traveling to 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. Finally, if your server is involved in an attack on any computer system, either with or without your knowledge or complicity, your account will be shut down while the matter is investigated and resolved in Register.com's absolute discretion.

13. Limitation of Liability
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CREATION AND PUBLICATION OF USER WEBSITES, IS ENTIRELY AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, REGISTER.COM OR ITS SUPPLIERS WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF THE SERVICE OR A USER WEBSITE, (b) USE OF OR INABILITY TO USE THE SERVICE OR A USER WEBSITE, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO REGISTER.COM'S SITE OR TO A USER WEBSITE, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION, (f) THE DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (g) ANY TRANSACTIONS CONDUCTED ON A USER WEBSITE, INCLUDING FRAUDULENT TRANSACTIONS; (h) ANY LOSS INCURRED IN CONNECTION WITH THE SERVICE OR A USER WEBSITE, INCLUDING IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (i) EVENTS BEYOND REGISTER.COM'S (AND ITS SUBCONTRACTORS') REASONABLE CONTROL, (j) THE PROCESSING OF YOUR SERVICE APPLICATION; (k) APPLICATION OF ANY APPLICABLE LAW, REGULATION, OR REGISTER.COM POLICY; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (n) ANY OTHER MATTER RELATING TO THE SERVICE. REGISTER.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES) 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 SERVICE, 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.

14. Indemnification of Register.com
You agree to defend, indemnify and hold harmless Register.com, its suppliers, subsidiaries, affiliates, officers, directors, agents, partners, employees, and attorneys for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any claims, actions, or demands arising out of or related to: (i) your Content; (ii) your breach or violation of any term, condition, representation or warranty of this Addendum; (iii) your use of or connection to the Service; (iv) your use of or connection to a User Website; or (v) your violation of any rights of others.

15. Disclaimer of Warranties
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR GUARANTEES OF SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY REGISTER.COM, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

16. Suspension, Cancellation, Transfer, or Modification
You agree and acknowledge that Register.com will, in its sole discretion, determine whether or not your User Website is consistent with (i) the terms and conditions of this Addendum, or (ii) applicable Register.com operating rules and policies. You also agree and acknowledge that Register.com may suspend, remove, delete, or modify any User Website or any portion thereof that Register.com deems inconsistent with the terms and conditions of this Addendum or unacceptable for any other reason and may suspend, cancel or modify your access to and use of the Service for any violation of those terms and conditions, in Register.com's sole discretion, and without prior notice to you. Such termination of the Service may result in the deactivation or deletion of your User Website, and the forfeiture, and deletion of all related files contained in your account. You further agree and acknowledge that Register.com may, in its sole discretion, charge a reinstatement fee of up to $200 to customers who have had their Service suspended or canceled as a result of a violation of the terms and conditions of this Addendum, or otherwise. If you re-register for services after Register.com's cancellation of your account without Register.com's written consent, Register.com will cancel your account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.

Register.com shall also have the right in its sole discretion to suspend, cancel, or otherwise modify your use of the Service or User Website at such time as Register.com receives what reasonably appears to be an authentic notification from a court or tribunal of competent jurisdiction. Finally, Register.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Register.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

17. Governing Law; Arbitration
This Addendum, your rights and obligations and all actions contemplated by this Addendum shall be governed by the laws of the United States of America and the State of New York, without regard to its choice-of-law rules, as if the Addendum was a contract wholly entered into and wholly performed within the State of New York.

By accessing this website and using the information therein available and/or by purchasing any Service made available through this site, you agree with the website operators, their service providers, affiliates, parents, subsidiaries, and any content provider or offer or of services on this site or through any other associated activity, that any claim, dispute, or controversy ("Claim") by either you or us against the other, or against or with any of these persons or entities (including, without limitation, their employees, agents, and assigns), whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration under the Code of Procedure of arbitration-forum.com (the "Code") in effect at the time the claim is filed. The Code is available at www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. ?? 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. ?? 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in New York, NY, USA. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. IN ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT, AND/OR TO PARTICIPATE OR BE REPRESENTED IN COURT BY OTHERS, BUT ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION.

Any action to review an award granted pursuant to this arbitration clause shall be brought exclusively in the United States District Court for the Southern District of New York. If, for any reason, this Arbitration provision is held not to be enforceable, any action to enforce this Agreement or any matter relating to your use of the Service 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.

18. Notices
You agree that, unless other instructions are posted on Register.com's website, any notices required to be given under this Addendum will be deemed to have been given if delivered by e-mail 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. All notices shall be effective upon receipt, except that e-mail and fax notices shall be effective upon transmission. Register.com may, but shall have no obligation to, send a single notice by various means of delivery (i.e., fax, e-mail, certified mail, or express mail). In no event shall Register.com be liable to you for choosing to send notice by one means of delivery and not others.

19. Integration and Severability
The Addendum and the Services Agreement constitutes the entire agreement between you and Register.com and governs your use of the Service, superceding any prior agreements between you and Register.com or (including, but not limited to, any prior versions of the Addendum). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Register.com services, third-party Content or third-party software. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Addendum must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Addendum are for convenience only and have no legal or contractual effect.

20. General
You agree and acknowledge that any acceptance of your application for the Service 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 Addendum shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties, and this Addendum shall not be construed to create any obligation by Register.com to any non-party to this Addendum.

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 Addendum 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 Addendum 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.

INFORMATION FOR CALIFORNIA RESIDENTS:
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information. Current rates for using the Service may be obtained by going to the pricing schedule on our website located at http://www.register.com/pricing/index.cgi or any other website 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.

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