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Domain Name Services. This document (the "DNS Terms") describes
the rights and obligations of Web.com, Inc. ("Company") and the Customer in connection
with Company's registration or renewal of domain names for the Customer.
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Domain Name Registration. Upon Customer's request and subject to
these DNS Terms, Company will register an Internet domain name, or renew the Customer's
registration of an existing domain name, on behalf of Customer with a registrar
selected by Company and identified below (the "Registrar").
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Customer Responsibilities. Company's registration or renewal of
any domain name is subject to (i) Company 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, and (iii) Customer's compliance with these
DNS Terms. Registration of a domain name is subject to availability of such domain
name for registration, and Company will not be responsible if a domain name is not
available for any reason. Company will also not be responsible for any infringement
of third-party rights caused by its registration of a domain name for Customer.
Customer waives any claims it may have against Company for, and hereby releases
Company of and from, any loss, damage, liability or expense arising out of, or relating
to, the registration of such 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 services by Company for any reason.
Customers registering a domain name with Company, but hosting with another provider,
will not use Company name-servers to point any portion of their domain names outside
of Company IP space and will update Customer's domain name zone files with Customer's
hosting provider nameserver set. Company will not point Customer zone file records
to sub-directories within Customer's main domain name.
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ICANN and Other Authority. Customer acknowledges that its rights
to any domain name registered or renewed by Company are not being granted by Company
but are subject to the rules and regulations of ICANN, the Registrar, the registry
and applicable law. Customer's inability to use a domain name shall not entitle
Customer to a refund by Company of any fees paid with respect to the registration
of such unusable domain name. The domain name for the Customer Web site shall be
the property of Customer.
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Domain Name Renewals. Provided the customer is in good standing,
has a valid credit card on file and has not opted-out of such renewal at least 30
days prior to the expiration, Customer's domain name will automatically renew at
Company's then-current retail rates for the same or closest similar term as Customer's
prior registration. In the event Customer does not wish for such domain name to
automatically renew, Customer must use the DNS Manager to opt-out of such automatic
renewal. Customer may access the DNS Manager by accessing the support site, or contacting
any Company representative. Customer must opt-out of such automatic renewal no less
than 30 days prior to expiration of the domain name. Company's sole responsibility
in connection with any such renewal will be to process the renewal using the renewal
mechanism provided by the Registrar. Company will have no responsibility or liability
for any loss, interruption in service, service error or loss of data caused by the
Registrar.
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Registrar Terms and Conditions. Beginning on May 31, 2007, unless
the applicable Order specifies another Registrar, 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. Unless otherwise specified
in the Order or whois information for such domain all renewals for existing domains
will be made through the Registrar through which 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 Company for domain name services under these DNS Terms,
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 web
site of such Registrar from time to time.
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Changing Registrars. Company does not generally perform domain
name services that require the domain name change registrars. However, if Company,
in its sole discretion accepts an Order from Customer for domain name services that
requires that the domain name change registrars, the Customer acknowledges that
it is solely responsible for complying with the acknowledgement policies of the
losing registrar. Such acknowledgement policies may require the Customer to respond
to an e-mail sent to the e-mail address for the Administrative Contact of the domain
name, as reflected in the WHOIS database of the losing registrar. The Customer acknowledges
and agrees that neither Company 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.
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Changing Registrar Resellers. If the Customer submits an Order
to Company to renew a domain name that was previously registered through a reseller
of the Registrar, the 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 the Customer to respond to an e-mail sent to
the e-mail address for the Administrative Contact of the domain name, as reflected
in the WHOIS database of the losing registrar, and may also require the Customer
to settle any open accounts it has with the losing reseller. The Customer acknowledges
and agrees that Company 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.
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Renewal and Expiration. The Customer agrees that Company bears
no responsibility or obligation to notify Customer of any impending domain name
expiration dates and that the Customer is wholly responsible for such deadlines.
Although Company may accept Orders for domain name renewals within the forty-five-day
(45) day period prior to the impending expiration date of a domain name, Company
will have no responsibility for any expiration of a domain name that occurs with
respect to any Order submitted to Company within such period.
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Contact Information. The Customer agrees to keep its WHOIS information
accurate and up-to-date. The Customer must cause the e-mail address for the Administrative
Contact to be the same as the Customer's e-mail address maintained in Company'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 Company's billing records, Company
may (but will have no duty to) change the e-mail address for the Administrative
Contact in the WHOIS records of the registrar.
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Other Terms and Conditions. The Web.com Terms of Service are incorporated
herein by this reference. All fees are fully earned when due and non-refundable
when paid.
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Under Construction Page. Customer agrees that upon registration
of a domain name with Company, if such domain name is (a) hosted on an Company domain
name server and (b) does not otherwise resolve to an active Web site, such domain
name will be pointed to a page as designated by Company in its sole discretion (the
"Under Construction Page"). The Under Construction Page may be modified by Company
at any time in Company'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 Company, (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 DNS Manager to disable the Under
Construction Page. Customer may access the DNS Manager by accessing the support
site, or contacting any Company representative.