Domain Name Registration Services

For the Web.com Domain Name Registration Services (the "Services"), along with the Services Agreement located at www.web.com/legal, the following additional terms and conditions also apply (collectively, the "Agreement"):

  1. Services. Upon Customer's request and further subject to this Agreement, Web.com will register an Internet domain name or renew the Customer's registration of an existing domain name (the "Domain Name"), on behalf of Customer, with a registrar selected by Web.com (the "Registrar"). Beginning on May 31, 2007, and unless the applicable Services order (the "Order") specifies another Registrar, the Registrar for the Services shall be Register.com, and all new registrations and subsequent renewals of those registrations will be subject to the Register.com terms and conditions, located at http://www.rcomexpress.com/help/rx_agreement.asp (the "Registrar Terms").
  2. General. The Services shall begin on the date Customer orders the Services and shall run for the term specified in the Order. Customer acknowledges and agrees that the Services term may be different than the registration term of the Domain Name associated with the Services. If a Domain expires and is deleted before the end of the term of the Services, then the Services associated with the Domain Name will terminate when the Domain is deleted and that there will be no refund for any resulting unused portion of a Services term. If the Services term ends while the registration term for an Domain Name is still ongoing, then the Services will no longer be provided, Customer's personal information will be listed in the WHOIS database for the Domain Name, and the communications forwarding services outlined herein will no longer be provided.

    Registration of a Domain Name is subject to availability of such Domain Name for registration, and Web.com will not be responsible if a Domain Name is not available for any reason. Web.com will further not be responsible for any loss, damage, liability or expense arising out of, or relating to, the registration of a Domain Name in any online or offline network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the Services by Web.com. If Customer registers a Domain Name with Web.com, but hosts their Website with another provider, Customer agrees not use Web.com name-servers to point any portion of their Domain Name outside of Web.com IP space and will update Customer's Domain Name zone files with Customer's hosting provider nameserver set. Additionally, Web.com will not point Customer zone file records to sub-directories within Customer's main Domain Name. Without limitation on other remedies which may be available under such circumstances, upon breach of the Agreement, Customer agrees that Web.com may assume complete ownership of the Domain Name, that the Domain Name may be sold to a third party, or that the Domain Name may be pointed to IP numbers of Web.com's choosing, and that Web.com may immediately cancel Customer's Account and all Services provided to Customer hereunder.

  3. Customer Responsibilities. The registration or renewal of any Domain Name under this Agreement is subject to (i) Web.com receiving from Customer all information needed from Customer in order to complete such registration, (ii) such Domain Name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, (iii) such Domain Name not infringing on the rights of any third party, (iii) ) Customer will use the Services in good faith and that Customer has no knowledge or reason to believe that Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name, (iv) neither the Services nor Domain(s) will be used in connection with any illegal or morally objectionable activity, or, in connection with the transmission of unsolicited commercial email. and (v) Customer's compliance with this Agreement.
  4. Accurate Contact Information. Customer agrees to keep its WHOIS information accurate and up-to-date. Customer must cause the e-mail address for the administrative contact of the Domain Name (the "Administrative Contact") to be the same as the Customer's e-mail address maintained in Web.com's billing records. If the e-mail address for the Administrative Contact is not the same as the Customer's e-mail address maintained in Web.com's billing records, Web.com may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.
  5. ICANN Regulations. Customer acknowledges that its rights to any Domain Name registered or renewed by Web.com are not being granted by Web.com but are subject to the rules and regulations of the Internet Corporation for Assigned Names and Numbers ("ICANN"), the Registrar, the related registry and applicable law. As such, in addition to this Agreement Customer agrees to also abide by any and all terms and conditions promulgated by ICANN including the Uniform Domain Name Dispute Resolution Policy ("UDRP"), as well as any policy that ICANN has established or may establish with respect to Domain Names and/or WHOIS information. Customer's inability to use a Domain Name shall not entitle Customer to a refund by Web.com of any fees paid with respect to the registration of such unusable Domain Name.
  6. Domain Name Renewals. Provided Customer is in good standing with Web.com, is not in breach of this Agreement, has a valid credit card on file with Web.com and has not opted-out of such renewal at least thirty (30) days prior to the expiration of the Domain Name, Customer's Domain Name will automatically renew at Web.com's then-current retail rates. In the event Customer does not wish for such Domain Name to automatically renew, Customer must use the Web.com DNS Manager to opt-out of such automatic renewal. Customer may access the DNS Manager via the Web.com support website or by contacting Web.com customer service. Customer must opt-out of such automatic renewal no less than thirty (30) days prior to expiration of the Domain Name. Customer waives any requirement to obtain Customer's ongoing affirmative consent to any such automatic renewal. Customer will keep Customer's credit card information current and accurate, including the expiration date. If Customer is not in good standing or Web.com is unable to collect renewal or other fees, Customer agrees that Web.com may suspend or terminate the Services and, as a result, such Domain Name registration will not be processed.

    If Customer requests Web.com to renew a prior Domain Name registration, Customer represents and warranties that all information it provides to Web.com in connection with such request will be true and correct. Web.com's sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the Registrar. Web.com will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar.

    For Domain Name registrations which are serviced by a Registrar other than Web.com, if available as an option and if such option selected by Customer, Customer agree that Web.com and Web.com shall be authorized to contact Customer's Domain Name registration service provider on Customer's behalf (and using the credit card provided by Customer) to renew the Domain Name registration of associated Domain Name.

  7. Prior Registrar Terms and Conditions. Except as otherwise provided for herein and unless otherwise specified in the Order or WHOIS information for such Domain Name, all renewals for existing Domain Names will be made through the Registrar through which the Domain Name was originally registered and such Domain Names are subject to the following agreements: (a) Domain Names registered between February 16, 2004 and May 31, 2006 are subject the Tucows terms and conditions, located at http://resellers.tucows.com/interland (b) Domain Names registered between May 1, 2002 through February 15, 2004 are subject to the Melbourne IT terms and conditions, located at http://www.melbourneit.com.au/policies/ and the Melbourne IT privacy policy available at http://www.melbourneit.com.au/privacy/; and (c) Domain Names registered before May 1, 2002, are subject to the Network Solutions terms and conditions, located at http://www.netsol.com/en_US/legal/static-service-agreement.jhtml. By submitting any Order to Web.com for Services under this Agreement, the Customer agrees to the applicable Registrar's terms and conditions. If the Order specifies a Registrar other than one listed in this paragraph, the Customer agrees to the terms and conditions of such registrar as the same may be posted on the website of such Registrar from time to time.
  8. Domain Expiration. Customer agrees that Web.com bears no responsibility or obligation to notify Customer of any impending Domain Name expiration dates and that the Customer is wholly responsible for being aware of and acting upon such deadlines. Although Web.com may accept an Order for a Domain Name renewal within the forty-five (45) day period prior to the impending expiration date, Web.com will have no responsibility for any expiration of a Domain Name that occurs with respect to an Order submitted within such period.
  9. Changing Registrars. Web.com does not generally perform Domain Name services that require the changing of Registrars, however if Web.com, in its sole discretion, accepts an Order from Customer for Services that require that the Domain Name change Registrars, Customer acknowledges that Customer is solely responsible for complying with the acknowledgement policies of the losing Registrar. Such acknowledgement policies may require Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact, as reflected in the WHOIS database of the losing Registrar. Customer acknowledges and agrees that neither Web.com nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of Domain Name registration that occurs as a consequence of the Customer's failure to respond timely to any losing Registrar query or request for confirmation.
  10. Changing Registrar Resellers. If Customer submits an Order to Web.com to renew a Domain Name that was previously registered through a reseller of the Registrar, Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact, as reflected in the WHOIS database of the losing Registrar, and may also require Customer to settle any open accounts it has with the losing reseller. Customer acknowledges and agrees that Web.com will bear no liability or responsibility for any delay, inconvenience or expiration of Domain Name registration that occurs as a consequence of the Customer's failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.
  11. Under Construction Pages. Customer agrees that upon registration of a Domain Name with Web.com, if such Domain Name is hosted on an Web.com Domain Name server and does not otherwise resolve to an active Web site, such Domain Name will be pointed to a page as designated by Web.com in its sole discretion (the "Under Construction Page"). The Under Construction Page may be modified by Web.com at any time in Web.com's sole discretion and without notice to Customer. The Under Construction Page may include, without limitation (i) links to additional products and services offered by Web.com, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the "Additional Content"). If Customer does not wish to have Customer's Domain Name resolve to the Under Construction Page as described herein, Customer must use the Web.com DNS Manager to disable the Under Construction Page option.
  12. Domain Expiration Protection. Domain Expiration Protection is a service that prevents a Domain Name registered to you from becoming available to other parties for purchase if it is not successfully renewed prior to the expiration of its then-current term. You must have this service in place as of the date of expiration of the related Domain Name in order for the service to apply, whereby under this program you will have one (1) year from the date of expiration of the Domain Name to renew such expired Domain Name (the "Expiration Period"). During the Expiration Period, the Domain Name will remain inactive, will not be registered to you and you will not have access to such Domain Name unless and until it is renewed by you along with payment made for our standard renewal fees. Only the registrant of the expired Domain Name will be permitted to renew the Domain Name during the Expiration Period and must do so over the phone by calling Web.com Customer Service. Renewals of Domain Names during the Expiration Period will be subject to the Web.com then-current rates. In the event you do not renew the Domain Name during the Expiration Period, the Domain Name will automatically be made available to other parties for purchase at the end of the Expiration Period. Additionally, during the Expiration Period, Web.com may (i) direct the Domain Name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, Web.com's Website and Web.com's products and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines and (ii) modify the contact information listed in the WHOIS record from information provided by you to information designated by Web.com. In the event the Domain Name is transferred to another Registrar the Domain Expiration Protection service is immediately terminated upon transfer.
  13. Perfect Privacy Domain Registration.
    1. Perfect Privacy Domain Registration is a service where Web.com provides you with the option of registering your Domain Name in the name of Perfect Privacy LLC, a subsidiary of Web.com, or another third party entity selected by Web.com (the "Company"), whose contact information will be displayed in the public WHOIS record for the Domain Name instead of your personal contact information. Each Domain Name registration which Customer controls and for which Customer purchases the Services will thereafter be registered in the name of the Company, as registrant. Customer's name, postal address, email address, phone and fax numbers shall be kept confidential in accordance with this Agreement, and the following information (and not Customer's personal information) will be made publicly available in the WHOIS directory for each Domain Name: Company's email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts (the "Company Addresses"); the primary and secondary Domain Name servers Customer designate for the Domain; the Domain's original date of registration and expiration date; the identity of Customer's registrar, Domain Name service provider (if different from Registrar) and the status of the Domain with the registrar (such as, "active," "Registrar Lock," "clienthold," etc.).
    2. While Customer will not be listed as the registrant for the Domain Name, and other than as described in this Agreement, the Company will not act to control the Domain Name. Customer will retain the right to sell, transfer, or assign the Domain Name, the right to control and set the DNS settings for the Domain Name, the right and responsibility to renew each Domain Name registration upon expiration (subject to Customer's registrar's applicable rules and policies) and will remain responsible to resolve any and all monetary or other legal claims that arise in connection with the Domain Name, subject to this Agreement.
    3. Mail Forwarding. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. Customer agrees that Customer will not provide any third party with the Company Addresses for the purpose of having such third party transmit communications to Customer through the Company or Web.com. Third parties may obtain the Company Addresses listed in the WHOIS directory by their own initiative, but Customer agrees that Customer will not provide the Company Addresses to any third parties or otherwise initiate such actions on the part of any third party. Customer agrees that Customer will be required to pay forwarding fees before any communications are forwarded pursuant to this Agreement. Web.com may change its service and forwarding fees at any time by posting such fees to Web.com's website. Web.com may also charge reasonable fees for administrative tasks outside the scope of its regular Services hereunder. These may include, but are not limited to, customer service issues that require personal service and disputes that require legal services.

      Customer acknowledges and agrees that Web.com will review all communications associated with the Domain Name sent to the Company Addresses. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which appears to be a legal notice, Web.com may either (i) forward such communication to Customer or (ii) attempt to communicate to Customer a scanned copy of a page of the communication to ascertain Customer's desires with respect to forwarding the communication to Customer. Customer further acknowledges and agrees that Web.com will not forward to Customer (and will not otherwise communicate with Customer) regarding first class postal mail or email, fax, postal mail or telephone communications except as outlined herein, including without limitation, communications which appear to be unsolicited communications which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Customer's having used the Services as a general mail forwarding service. Customer authorizes Web.com, in its sole discretion, to either discard all such communications or return all such communications to sender unopened.

      When Web.com receives a communication which may warrant forwarding to Customer, per the terms of this Agreement, Web.com will send an email to the email address Customer provided to Web.com. The email message will identify the sender of the correspondence and the date received. Customer will have three (3) business days to decide whether to have the communication forwarded. If Customer does not respond within this time period, the communication will not be forwarded. Method of forward will be determined by Web.com. Communications may not be immediately forwarded upon Customer's election; there may be a delay and communications may be aggregated to be forwarded together. Web.com may change the method by which communications are forwarded or fees for forwarding without written notice. Customer agrees to waive any and all claims and to indemnify and hold harmless Web.com for any claims arising from Customer's failure to receive communications directed to Customer's Domain Name and the Company Addresses.

      The WHOIS directory generally requires an email address for every purchased Domain Name registration. Web.com will create an email address for that domain (e.g., yourdomainname@perfectprivacy.com) (the "Email Alias"). Customer will choose whether to have email received at the Email Alias: (i) all forwarded, (ii) filtered for spam or other unsolicited communication and then forwarded ,or (iii) never forwarded. If Customer does not actively choose one of these options, Web.com will select option (ii) (email filtered for spam or other unsolicited communications and then forwarded) by default. Messages forwarded hereunder will be sent to the email address Customer specifies (if Customer does not specify a forwarding email address, emails will be sent to the email address Web.com has on file for Customer). If such email address becomes non-functioning or if email to such address bounces, Web.com is not obligated to attempt to contact Customer through any other means. Customer acknowledges and agrees that Web.com may elect, in Web.com's sole discretion, to allow Customer to access Customer's Account and view email sent to the Company Addresses, though such alternative means of servicing Customer's Account is an option and not a requirement.

      In the event Customer does not respond to communications from the Web.com regarding communications received at the Address, Web.com may immediately reveal the Customer's personal information and/or cancel the Services regarding either the Domain Name in question or with respect to all of Customer's Domain Names, depending on the circumstances. This means the WHOIS directory will revert to displaying Customer's name, postal address, email address and phone number.

    4. Customer acknowledges and agrees that nothing in this Section 13 shall have any effect on Web.com's rights outlined in Section 14, including but not limited to, the right of Web.com to unmask or otherwise provide Customer's personal information as described in that Section.
  14. Reservation of Rights. Customer acknowledges and agrees that Web.com has the absolute right and power, in its sole discretion and without any liability to Customer whatsoever, to suspend the Services, close Customer's account, terminate provisioning of the Services, list Customer's personal information in the WHOIS output or unmask or otherwise provide the Customer's personal information to a claimant or other party to resolve any and all third party claims, whether threatened or made, arising out of Customer's use of the Domain Name or the Services, or to take any other action which Web.com deems necessary, in the event that (i) the Domain Name is alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties; (ii) Customer breaches any provision of this Agreement; (iii) Customer breaches any provision of the Registrar Terms; (d) if necessary to protect the integrity and stability of the applicable Domain Name registry; (e) if necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement; (f) if Web.com is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Customer's use of the Services or Domain Name; (g) if necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude using a service such as Private Domain Registration); (h) if necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Web.com, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or (i) any violation of the Web.com Acceptable Use Policy. In the event Web.com takes any of the actions set forth herein or in the event Customer elects to cancel the Services for any reason, Web.com will not refund any fees paid by Customer for the Services.

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