Anexo A - Acordo de Registro da Register.com


This Services Agreement ("Agreement") between you and Register.com, Inc. ("register.com") sets forth the terms and conditions of your use of the services set forth herein (collectively, the "Services"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by register.com from time to time.

This Agreement 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 Services, and supersede and govern all prior proposals, agreements, or other communications.

 

 

Conteúdo

 

 

1. Domain Name Registration, Administration, and Renewal Services

 

a. .com, .net, and .org Registrations and Renewals

Register.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org TLDs. ICANN oversees the .com, .net and .org global top level domains ("gTLDs"). Register.com accepts applications to register and renew domain names with .com, .net, and .org gTLDs in both roman-alphabet languages and non-roman alphabet languages (e.g., Japanese, Chinese, and Korean).

As an accredited domain name registrar, register.com is, upon accepting your application to register or renew a domain name with a .com, .net or .org gTLD, your sponsor for that application. All .com, .net and .org domain name registrations we register or renew are not effective until we have delivered the domain name registration or renewal information you provide us to the registry administrator for the .com, .net or .org gTLDs, as applicable, and the registry administrator puts into effect your domain name registration or renewal. Currently, the registry administrator for the .com, .net and .org gTLDs is Network Solutions, Inc.

You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .com, .net and .org domain name registrations or renewals.

b. ccTLD Registration, Administration, and Renewal

In addition to registering and renewing .com, .net and .org gTLDs, register.com also registers and renews various country code top level domains ("ccTLDs"), including, but not limited to, .co.uk and .ky. The registry administrator varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by these registry administrators for their respective registries only. (Click here for the terms and conditions of each available ccTLD.)


c. No Guarantee of Registration or Renewal

You acknowledge and agree that register.com cannot guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since register.com cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that register.com may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that register.com is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.

d. No Guarantee of Proper Translation

You acknowledge and agree that Register.com cannot guarantee that its non-roman alphabet language registration service will be error-free, in that register.com cannot know with certainty whether or not the non-roman alphabet language domain name you are seeking to register or renew will be translated properly by the Internationalized Domain Name System. Furthermore, you acknowledge that Register.com or the registry administrator may be required to suspend, modify or cancel your non-roman alphabet language registration in order to comply with new ICANN or IETF rules, regulations or standards that apply to such registrations.

e. Your Representations

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.

f. Domain Name Registrant

Register.com considers the entity named as the administrative contact for the domain name at the time the controlling User name and password are secured to be the registrant of that domain name.

i. Fees; Renewals

As consideration for register.com's domain name registration, administration, and renewal services, you agree to pay register.com, upon submission of your domain name application, renewal application, or registrar transfer application to register.com, the then-current fees set forth in the register.com price schedule for such services. (Click here to view register.com's current price schedule.) All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. 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.

Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by register.com in its sole discretion).

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to register.com as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee, currently set at $200.

The administrative contact for a domain name will be notified at least thirty (30) days before a renewal fee is due. Unless you instruct us otherwise by contacting Customer Support, your gTLD domain name registration will be automatically renewed for a one-year registration term. In consideration for this automatic renewal, we will charge the credit card you used to secure the initial term of registration with us our then-current renewal fee. Should you wish to change either your billing information or the term of your renewal registration, you must do so at least forty-eight (48) hours before the day that the gTLD domain name is due to expire by contacting Customer Support, otherwise your credit card will be charged. If the credit card you used to secure the initial term of registration with us has expired or is otherwise invalid, we will notify you of this fact and give you with an opportunity to provide us with a valid credit card or other reasonable assurance of payment (such reasonable assurance as determined by register.com in its sole discretion). If no such information is provided prior to the expiration date of the gTLD domain name, your domain name registration will not be renewed. At any time before the expiration of your gTLD domain name registration, you may renew your domain name by clicking here.

The administrative contact for a domain name will be notified at least thirty (30) days prior to when a renewal fee is due for a ccTLD domain name for which register.com is accepting renewal applications. Should a renewal fee go unpaid within the time specified in a second notice or reminder regarding renewal, the ccTLD registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew the ccTLD registration for the term specified by you (assuming such term is permitted by the ccTLD registry for your domain name) provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.

 

 

7. Changes to this Agreement or to Additional Rules or Policies

 

 

You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that register.com may modify this Agreement, as well as any additional rules or policies that are or may be published by register.com, as necessary to comply with register.com's ICANN agreement, or with any other agreements that register.com is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through register.com shall constitute your acceptance of this Agreement 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 domain name registration be cancelled or transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by register.com.

 

 

8. Information and Its Use

 

You hereby acknowledge and agree that, in connection with your use of certain of register.com's services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.

Except as set forth below, all other information which we may request from you in connection with domain name registration, administration, and renewal services, the FirstStepSite service, and the Site Submit service is voluntary; however, not providing this information may prevent you from obtaining Services other than domain name registration, administration, and renewal services, the FirstStepSite service, or the Site Submit service.

a. Domain Name Registration, Administration and Renewal Services

The information you are obligated to provide and keep current in connection with your use of register.com's domain name registration, administration, and renewal services is the following:

i. Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder);

ii. The domain name being registered; and

iii. The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.

You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.

b. Additional Information Maintained

In addition to the information you provide, we maintain records relating to any domain name application received by register.com, as well as any domain name registered through, administered, or renewed by register.com. We also maintain records relating to relating to other services that we provide to you. These records may include, but are not limited to:

i. The original creation date of a domain name registration, renewal, or request for service;

ii. The submission date and time of a registration or renewal application to us and by us to the proper registry;

iii. Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;

iv. Records of your account, including dates and amounts of all payments and refunds;

v. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;

vi. The corresponding names of those nameservers;

vii. The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;

viii. The expiration date of a domain name registration; and

ix. Information regarding all other activity between you and us regarding your use of the services.

c. Obligations Relating to the Information You Provide

In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by register.com concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.

d. Disclosure and Use of Information

You acknowledge and agree that register.com may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit. You further acknowledge and agree that register.com may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after the term of your registration of a domain name or other Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information provided by you by register.com.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

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

e. Communications

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.

 

 

9. Ownership of Data

 

You acknowledge and agree that register.com owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to 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 original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Services. Register.com does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section 9.

 

 

10. Agents and Licenses

 

You agree that, if you are using the Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful use of the Services.

You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

 

 

 

11. System Performance Degradation

 

Register.com depends upon a computer system that is responsive to the demands of the domain name registration process, and that provides timely information to register.com's customer service team. Occasionally, register.com's computer system is subjected to exceptional volumes of incoming domain name registration requests, electronic mail messages, and/or WHOIS queries that result in significant degradation of register.com's 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 electronic messages, register.com reserves the right, in its sole discretion, to filter or block electronic messages originating from 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.

 

 

12. Limitation of Liability

 

YOU AGREE THAT REGISTER.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND REGISTER.COM'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. REGISTER.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF 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 SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

 

13. Indemnification of Register.com

 

You agree to defend, indemnify and hold harmless register.com for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to (i) your use of the Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

 

 

14. Representations and Warranties

 

You represent that, to the best of your knowledge and belief, neither the registration of the domain name

you have applied for nor the manner in which it is intended to be or is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your use of the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, REGISTER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.

 

 

15. Suspension, Cancellation, Transfer or Modification

 

You acknowledge and agree that register.com may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in register.com's sole discretion. You also acknowledge and agree that register.com may suspend, cancel, transfer or modify your domain name registration if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by register.com, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity.

You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including register.com) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures.

You also agree that register.com shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as register.com receives (x) a properly authenticated notification from a court of competent jurisdiction, or (y) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.

Finally, you agree that register.com shall have the right in its sole discretion to cancel your domain name registration within thirty (30) calendar days of the creation date of that registration.

 

 

16. Governing Law

 

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over

your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New York, as if the Agreement was a contract wholly entered into and wholly performed within the State of New York.

Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, any action to enforce this Agreement or any matter relating to your use of the register.com site shall be brought exclusively in the United States District Court for the Southern District of New York, or if there is no jurisdiction in such court, then in a state court in New York County. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where register.com's headquarters are located, currently New York City, N.Y.

 

 

17. Notices

 

You agree that, unless other instructions are posted on the register.com's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for register.com posted on the register.com Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

 

 

18. General

 

You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in New York, New York, the location of our principal place of business.

You acknowledge and agree that, to the extent necessary, it is your responsibility to: (1) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (2) provide for your own connection to the Internet and pay any telephone service fees associated with such connection.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

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 Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. 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.

This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of register.com.

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