For the Web.com .WEB™ Domain Name Reservation 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"):
This Agreement explains our obligations to you, and explains your obligations to us regarding your use of the Services. By submitting a pre-registration or pre-reservation request (a "Domain Request"), you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, as amended by Web.com from time to time, and to any other pertinent rules or policies that are or may be published by Web.com.
- .WEB™ TLD Status
Web.com a leading provider of online services, offering a full suite of solutions that make it fast, easy and cost-effective to attract and convert new customers on the Internet. Web.com offers a full range of web services, including domain name registration and management, website design and publishing, online marketing and advertising, search engine optimization, lead generation and e-commerce solutions, and enjoys a strong reputation related thereto. In fact, to date more than 15 million websites have been created with Web.com tools and services. Moreover, in June 2010, Web.com further strengthened its domain name registration and management services by acquiring Register.com which has been an Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar for over 10 years and currently maintains over 2.5 million domain registrations, further establishing Web.com’s reputation as a premier provider of domain name and other online services.
In addition to the significant common law trademark rights and consumer goodwill acquired in its Web.com business name and trademark, Web.com also owns several U.S. and international trademark registrations with respect thereto. Web.com and its predecessors have used these trademarks or variations thereof since 1996 and in the process have developed a strong reputation and unquestionable goodwill in conjunction with them. Web.com spends considerable resources building and maintaining this valuable goodwill and consumer recognition associated with its brand and services and is committed to enforcing its significant intellectual property rights related thereto.
Since the ".WEB" TLD is obviously very similar to the Web.com trade name, trademarks, and the character string associated with the main Web.com web address, www.web.com, it is clear that Web.com should be the company to operate and administer the .WEB™ domain registry and this is a role that Web.com expects to assume and looks forward to doing so. Moreover, the issuance of .WEB™ to anyone other than Web.com would not only infringe on the trademark rights in Web.com, but the use of .WEB™ by anyone other than Web.com would mislead and confuse consumers into thinking that any website with the .web suffix was associated with or sponsored by Web.com. Therefore, Web.com has taken steps to secure the necessary approvals to operate and administer the .WEB™ domain name registry and remains committed to aggressively continue to pursue such approvals.
REGARDLESS OF THE ABOVE, YOU ACKNOWLEDGE AND AGREE THAT WEB.COM DOES NOT AND CANNOT GUARANTEE THAT ICANN WILL AUTHORIZE WEB.COM TO MAKE .WEB™ AVAILABLE FOR REGISTRATION.
- Reservation Service
The Services allow customers the opportunity to submit a request to reserve a particular domain for their registration in the event that ICANN subsequently (i) authorizes Web.com to operate and administer the .WEB™ domain registry and (ii) makes .WEB™ available for registration.
There is no fee for using the Services at this time. If your Domain Request is successful, Web.com will notify you that your request has been accepted and send you a confirmation notice ("Reservation Confirmation"). If ICANN subsequently authorizes Web.com to operate and administer the .WEB™ domain registry and Web.com subsequently makes .WEB™ available for registration, you will be given the opportunity (but you will not be obligated) to register the reserved domain through an ICANN accredited registrar, such as Web.com, who will charge a fee for that service.
- Eligibility
You are eligible to submit an Domain Request ONLY if you are (i) the current operator of a domain name related to a website (an "Eligible Site") registered in an ICANN-recognized top-level domain on or before January 31, 2010, or (ii) the authorized agent of the current operator of an Eligible Site. Only operators of Eligible Sites or their agents meeting these eligibility criteria ("Eligible Participants") are permitted elect to use the Services.
You acknowledge and agree that you may submit a Domain Request only for a name that is identical to the name of the Eligible Site (less the string corresponding to the ICANN recognized TLD in which it is registered).
By submitting a Domain Request you certify that you are eligible to submit each reservation request you place. You agree that Web.com may contact the registered owner of the names you request and verify your rights to register those names at any time, and may reject any and all Domain Requests you submit and invalidate any reservation based on our belief that you have improperly attempted to reserve a domain name or have otherwise abused the Services.
- Adherence with Community Code of Practice
You acknowledge and agree that if and when ICANN authorizes Web.com to operate the .WEB™ domain registry other separate entities will work with the stakeholder community to develop a code of practice applicable to all registrants. The code will address practices such as unfair, deceptive, or fraudulent marketing practices; the use of malware, malicious code, spoofing, phishing; practices designed to attract children or suggest the presence of child pornography; unauthenticated use of credit cards; violations of law regarding the sending of unsolicited promotional email; or misuse of personal data. Registrants will be expected to participate in a simplified labeling program. In the event ICANN subsequently authorizes Web.com to operate the .WEB™ domain registry and Web.com subsequently makes .WEB™ available for registration, you will be given the opportunity (but you will not be obligated) to use your Registration Confirmation to register the reserved domain through an ICANN accredited registrar. You acknowledge and agree that your use of a Registration Confirmation to register a reserved domain will be contingent on your written agreement to comply with any and all rules, laws and codes of practice in effect at the time of such registration and as subsequently modified by Web.com, ICANN or any other applicable entity.
- Transfer You may transfer the use of a Domain Request or Reservation Confirmation to another party only if, at the time of transfer, that party is or becomes the current owner/operator of the corresponding Eligible Site and further upon the prior written consent of Web.com. Any attempt to transfer your rights in a Domain Request or Reservation Confirmation to a third party under any other circumstances will void the Domain Request or Reservation Confirmation.
- Reservations You acknowledge and agree that in the event more than Eligible Participant submits a Domain Request for a name that they are eligible to reserve, Web.com will allocate the domain name in an equitable manner at its sole discretion. You acknowledge and agree that Web.com will not publish any allocation methodology until such time as Web.com deems appropriate. You agree that Web.com shall have no liability to you in the event that based on this methodology Web.com awards the domain name Reservation to another Eligible Participant.
- Required Data
In order for us to process your Domain Request, you agree to provide certain current, complete, accurate, and reliable data about yourself and the Eligible Site at the time of submission of the Domain Request (the "Reservation Data"). Web.com will maintain the Reservation Data in confidence, and will only utilize this Reservation Data in accordance with this Agreement and the Web.com Privacy Policy.
You agree to update this information as follows: (i) if your Reservation Data changes after you have supplied it to us, but before you have registered the reserved name through an ICANN accredited registrar (unless we have notified you that your Domain Request was not successful), or (ii) if your Reservation Data changes after you have registered the domain name through an ICANN accredited registrar, you agree to update your Reservation Data in accordance with the related Whois data policies of Web.com, the ICANN accredited registrar and ICANN.
Because Web.com requires accurate and reliable Reservation Data to verify your status as an Eligible Participant, it is a material breach of this Agreement if you: (i) provide inaccurate or unreliable Reservation Data, (ii) fail promptly to update Reservation Data with in accordance with this Agreement, or (iii) fail to respond within fifteen (15) days to our inquiries regarding the accuracy of the Reservation Data. Such a breach will be a sufficient basis for us to cancel any and all Domain Requests you have submitted or invalidate any Reservation Confirmations that you hold.
- Modification or Termination of the Agreement
You acknowledge that the Internet, the domain name systems and the policies and practices of ICANN relative to registration and administration of domain names may change rapidly. You understand and agree that Web.com may modify and/or terminate this Agreement, as well as any additional rules or policies that are or may be published by Web.com, as necessary to comply with any other agreements that Web.com is currently bound by or will be bound by in the future, to adjust to changing business circumstances, and for any other reason at Web.com’s sole discretion.
Any such addition, modification, or termination will be binding and effective immediately upon posting of the revised Agreement or change to the Service on the Web.com web site, or upon notification to you by e-mail or regular mail. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such modifications. If you do not agree to any such changes, you may withdraw your Domain Request and/or relinquish your Reservation Confirmation by contacting Web.com Customer Service. 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 Agreement or any additional rules or policies that are or may be published by Web.com.
- Prohibited ConductBy submitting a Domain Request or otherwise utilizing the Services, you agree to use the Services only for lawful purposes, consistent with the limitations set forth in this Agreement and in a manner that is not in violation of this Agreement or the Web.com Acceptable Use Policy {LINK}. Web.com reserves the right to terminate your Domain Request or Reservation Confirmation, and any other Domain Requests or Reservation Confirmations you have submitted or hold, if in Web.com’s sole discretion it makes a determination or has reason to believe that you are using the Services, a Domain Request or a Reservation Confirmation in a manner that constitutes a violation of this Agreement, the Web.com Acceptable Use Policy {LINK} and/or any U.S. or state statute or regulation, including but not limited to violation of U.S. copyright and trademark law. Moreover, without limiting any other right or remedy of Web.com under this Agreement, any attempts to penetrate Web.com’s security, website, or to otherwise take advantage of or circumvent Web.com’s .WEB™ domain name reservation system will result in the termination of the your Services, Domain Requests and/or Reservation Confirmations without notice.
- BreachWeb.com reserves the right to deem any failure by you to abide by any provision of this Agreement, the Web.com Acceptable Use Policy {LINK} any other Web.com operating rule or policy or the Dispute Policy, to be a material breach of this Agreement. We may, but are not obligated to provide written notice, describing the breach, to you, and upon any such breach of this Agreement, at Web.com’s sole discretion, we may terminate the Services, any Domain Request submitted or Reservation Confirmation held without further notice.
- RevocationYou agree that without limiting any other right or remedy of Web.com under this Agreement, we may terminate any Domain Request and/or Reservation if the information that you are obligated to provide hereunder, or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to your eligibility to participate in the Services. Furthermore, you agree that we may suspend, cancel or transfer a Domain Request or Reservation Confirmation in order to correct mistakes made by us or a third party in submitting and processing a Domain Request.
- Your Representations and Warranties
In addition to your other representations and warranties contained elsewhere in this Agreement, you further represent and warrant that: (i) the information that you or your agent provide to us in conjunction with the Services is accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (ii) neither the submission of a Domain Request, your successful reservation of a requested name, or the manner in which you intend to use such Domain Request, Reservation Confirmation, or the domain name itself will directly or indirectly violate this Agreement or the Web.com Acceptable Use Policy {LINK}, or otherwise infringe the legal rights of a third party, including trademark rights, (iii) you are not submitting a Domain Request for an unlawful purpose; (iv) you will not knowingly use the Services, a Domain Request or Reservation Confirmation in violation of any applicable laws or regulations, (v) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and (vi) you are of legal age and capacity to enter into this Agreement.
You agree and acknowledge that it is your responsibility to determine whether your Domain Request and/or Reservation Confirmation violates this Agreement or the Web.com Acceptable Use Policy {LINK}, or otherwise infringes on 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.
- Disclaimer of Warranties
You agree that your use of the Services is solely at your own risk. You agree that all of our Services are provided on an "AS IS" and "AS AVAILABLE" basis.
IN ADDITION TO THE OTHER DISCLAIMERS CONTAINED ELSEWHERE IN THIS AGREEMENT, WEB.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WEB.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT SUBMISSION OF A RESERVATION REQUEST OR RECEIPT OF A RESERVATION UNDER THIS AGREEMENT WILL GUARANTEE YOUR ABILITY TO REGISTER THE RESERVED NAME OR IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR SUBSEQUENT REGISTRATION OF THAT DOMAIN NAME, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE IR REQUEST, RESERVATION CONFIRMATION, OR SUBSEQUENTLY REGISTERED DOMAIN NAME.
You further acknowledge and agree that your Domain Request and/or Reservation Confirmation is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration for any Eligible Site, including, but not limited to (i) the Uniform Domain Name Dispute Resolution Policy ("UDRP"), (ii) any policy adopted by ICANN, (iii) any registrar (including Web.com and/or Register.com) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures.
You also agree that Web.com shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your Domain Request and/or Reservation Confirmation at such time as Web.com (i) receives a properly authenticated notification from a court of competent jurisdiction, (ii) receives an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration for the corresponding Eligible Site, or (iii) otherwise at Web.com’s sole discretion.
- Right of RefusalYou grant Web.com, in our sole discretion, the right to refuse to accept your Domain Request or to terminate any Reservation Confirmation at any time. You agree that we will not be liable to you for any loss or damages that may result from any such refusal or termination.
- Dispute Policy
We do not check to see whether the Domain Request you submit infringes the legal rights of others. You agree to assume all responsibility in selecting a domain name to reserve. Should we be sued or threatened with a lawsuit in connection with your Domain Request or Reservation Confirmation, you agree to hold us harmless and indemnify us pursuant to the Indemnification provision of this Agreement. Similarly, you recognize that we have no responsibility to determine whether domain names reserved by others through our site infringe your own rights in trademarks or domain names, and you agree to release Web.com from any legal claims asserting such a responsibility.
We will not participate in any way in any dispute between you and any party other than us regarding your Domain Request, Reservation Confirmation, and/or use of an Eligible Site or domain name. You agree not to name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
- Limitation of Liability
IN ADDITION TO THE OTHER LIMITATIONS OF LIABILITY CONTAINED ELSEWHERE IN THIS AGREEMENT, WEB.COM AND ITS PARTNERS, AFFILIATES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL 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 WEB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE EXPLICITLY DISCLAIM ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO: (i) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN REQUEST, RESERVATION CONFIRMATION, AND/OR DOMAIN REGISTRATION; (ii) USE OR MISUSE OF YOUR DOMAIN REQUEST, RESERVATION CONFIRMATION, AND/OR DOMAIN NAME REGISTRATION; (iii) INTERRUPTION OF YOUR BUSINESS, WEBSITE, EMAIL, OR OTHER SERVICES; (iv) ACCESS DELAYS OR INTERRUPTIONS TO THIS WEBSITE OR ANY WEBSITES ACCESSED BY YOU; (v) NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR MODIFICATION OF DATA; (vi) USE OR MISUSE OF YOUR USER NAME OR PASSWORD; (vii) FAILURE TO ACQUIRE OR RE-ACQUIRE A RESERVATION CONFIRMATION AND/OR DOMAIN NAME; (viii) ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT; (ix) EVENTS BEYOND THE REASONABLE CONTROL OF WEB.COM, INCLUDING WITHOUT LIMITATION FAILURE OF ELECTRICAL OR TELECOMMUNICATIONS SERVICES; or (x) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.
Notwithstanding anything in this Agreement to the contrary, Web.com's entire liability, and your exclusive remedy, with respect to the Services and any breach of this Agreement is limited solely to the amount you paid for such Services. IN NO EVENT WILL WEB.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE LESSER OF THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SERVICES OR THE SUBMISSION OF A RESERVATION REQUEST OR RESERVATION CONFIRMATION OR TWO HUNDRED DOLLARS ($200.00). 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 greatest extent permitted by law.
- IndemnityIn addition to the other indemnification obligations contained elsewhere in this Agreement, you agree to release, defend, indemnify, and hold Web.com and its directors, officers, employees, contractors, agents, subsidiaries, strategic partners and affiliates harmless from all liabilities, claims and expenses (including attorney's fees, expenses, and Web.com's reasonable out-of-pocket costs) relating to or arising under this Agreement, your Domain Requests, Reservation Confirmation,s and/or domain name or the use or renewal thereof, the Services, or your use thereof, including without limitation infringement of any intellectual property or other proprietary right of any person or entity, or from the violation of any Web.com operating rule or policy relating to the Services provided (the "Claims"). You shall not enter into any settlement or compromise of any Claims without Web.com’s prior written permission, which permission shall not be unreasonably withheld. If, in the opinion of Web.com's legal counsel, a conflict of interest exists or may reasonably be expected to exist in connection with your assumption of Web.com's defense, Web.com shall be entitled to conduct and control its own defense. This indemnification is in addition to any indemnification required under the UDRP or any similar policy. When Web.com is threatened with suit by a third party, Web.com may seek written assurances from you concerning your promise to indemnify Web.com; your failure to provide those assurances may be considered by Web.com to be a breach of your Agreement and may result in cancellation of your Domain Request and/or invalidation of any Reservation Confirmation and/or any other Web.com service.
- MiscellaneousICANN has not yet authorized Web.com to operate the .WEB™ domain registry, and may not do so in the future. It is possible that ICANN might authorize a third party to operate .WEB™, in which case that third party will have no obligation to honor your Domain Request or any Reservation Confirmation you hold. Your use of the Services constitutes your acknowledgment of these facts, and your agreement that Web.com shall have no liability to you for any damages you suffer arising from ICANN’s failure to authorize Web.com to operate and/or administer the .WEB™ domain registry, Web.com’s use of any such authority if and when granted by ICANN, and/or ICANN’s authorization of a third party to operate and/or administer WEB™.