THE WHOIS PRIVACY SERVICE AGREEMENT
PLEASE READ THIS WHOIS PRIVACY SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. BY USING THE WHOIS PRIVACY LTD SERVICES ("WHOIS PRIVACY SERVICES"), YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT WE MAY AMEND THIS AGREEMENT BY POSTING THE AMENDED AGREEMENT ON WWW.WHOISPRIVACY.LA. ADDITIONAL FEATURES THAT CHANGE OUR WHOIS PRIVACY WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT AMENDMENTS HERETO, DO NOT USE, ACCESS, OR CONTINUE TO USE WHOIS PRIVACY SERVICES. CONTINUED USE OF THE WHOIS PRIVACY SERVICE AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
This Agreement is between Whois Privacy Ltd, a Company incorporated in England with registered office address at 35 – 39 Moorgate London EC2R 6AR Company No 7881505 and administrators, agents, successors and assigns ("WHOIS PRIVACY", "We", "Us") and you, your heirs, executors, administrators, agents, successors and assigns ("You", "Your"). You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account with or without your authorisation that access the Whois Privacy Services.
- This Agreement governs the terms and conditions upon which We agree to provide You with our Whois Privacy Service
- Whois Privacy reserves the right to amend the terms and conditions contained in this Agreement at any time by posting the amended Agreement in full, to the www.whoisprivacy.la website without further notice to You, effective immediately upon such posting.
- By using the Whois Privacy Service, You acknowledge that You have read, understood, and agree to be bound by the terms and conditions of this Agreement (as amended from time to time).
- You agree to comply at all times with the rules and policies adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") including the Uniform Domain Name Dispute Resolution Policy ("UDRP")if applicable to your chosen domain name(s).
- You acknowledge and agree that We may, in our sole and absolute discretion, suspend, cancel, or modify the Whois Privacy Service or your use of the Service at any time in accordance with the provisions of this Agreement, without notice to you.
- The Whois Privacy service is NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the Whois Privacy Addresses for the purpose of having such third party transmit communications to you. Third parties may obtain the Whois Privacy Addresses listed in the Whois directory by their own initiative, but You agree that You will not be the one to provide the Whois Privacy Addresses to such third parties.
- CentralNic Ltd ("CentralNic") is the parent company of Whois Privacy Service Ltd.
2. The Whois Privacy Service
- By agreeing to this Whois Privacy Service You elect to remove the following information on the publicly available Whois Directory:
- You as Registrant and the administrative, technical, and billing contacts;
- Your Postal address and assigned email address and telephone number on behalf of You as registrant and any named administrative, technical, and billing Contact(s).
You accept that if the Whois Privacy Service is disabled during the term, your information will be displayed on the publicly available Whois Directory.
- You have elected to display the following information on the publicly available Whois Registry:
- The primary and secondary nameservers shall be those designated by you.
- The original date of registration and the expiration of each domain name;
- Whois Privacy Ltd will be identified as the registrant of record.
3. Provision of Your Personal Information
- You agree that for each Whois Privacy domain name, You will provide to us and maintain as current and accurate, the following information:
- Your name, address, email address, postal address, phone and fax numbers;
- The name, address, email address, postal address, phone and fax numbers for the Whois Privacy Domain's administrative, technical, and billing contacts;
- The primary and secondary domain name servers for the Whois Privacy Domain.
- You agree to;
- update this information immediately as it changes over time;
- respond within five (5) business days to any inquiries made to determine the validity of personal information provided by You;
- promptly respond to messages regarding correspondence addressed to or involving Your Whois Privacy Domain(s), as more fully set forth in section 6 below.
- If You do not supply primary and secondary domain name servers, You agree that We may point Your Domain(s) to an IP address of our choosing until such time as You supply primary and secondary domain name servers.
- You will retain complete control over the domain name and its registration records.
- You may suspend and reinstate the Whois Privacy Service at your discretion.
- The Whois Privacy Service may be used with both new and existing domain name registrations.
- You may use the Whois Privacy Service with respect to a domain name that has been transferred but it will only commence after the transfer has been completed.
- If You wish to transfer the domain name to a different registrar, the Whois Privacy Service must be disabled in order to initiate the transfer.
- We will send all renewal and transfer related communications to the contact details You supply.
4. Forwarding Communications
- We may forward any correspondence received by us for You to the contact details that You supply, either by post or by email. This correspondence may be opened and scanned as necessary.
- We will only be responsible for forwarding communications where our details have appeared in the Whois and when your Whois Information is accurate, complete and up to date.
- Email correspondence will be forwarded according to the email contact details You supply.
5. Renewals and Fees
- You agree that the term of the Whois Privacy registration will run in conjunction with the term of your registered domain or renewal registration.
- Please note that having the Whois Privacy Service disabled or dormant for any length of time during the term of the service does not mean that the purchase price shall be refunded or reduced in any way.
6. Your Representations & Warranties
- You represent and warrant that all information provided by You pursuant to this Agreement is truthful, complete, current and accurate and You represent and warrant that You will maintain all information in this status throughout the term of this Agreement.
- You also represent and warrant that You are using the Whois Privacy Services in good faith and that You have no knowledge or reason to believe that Your Domain name 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. You also warrant that neither the Whois Privacy Ltd nor CentralNic Ltd will be used in connection with any illegal or morally objectionable activity (as defined below in section 6)), or, in connection with the transmission of unsolicited commercial email ("Spam").
7. Our Right to Suspension or Termination of Service and Disclosure of Your Personal Information
- We shall have the right, at our sole discretion and without liability to You or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including (but not limited to) the following:
- If the Domain(s) is (are) alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties;
- If You breach any provision of this Agreement;
- If You breach any provision of Your Registration Agreement;
- If necessary to protect the integrity and stability of the domain name registry;
- If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
- If CentralNic, the Registrar of record and/or Whois Privacy Ltd are named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the Whois Privacy Services;
- If necessary to comply with ICANN's Dispute Resolution Policy, UDRP or other policies promulgated by ICANN (including policies which may preclude use a service such as Whois Privacy Ltd);
- If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of CentralNic Ltd or Whois Privacy Ltd, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
- OR if it comes to our attention that You are alleged to be using the Whois Privacy Ltd’s services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (a) appeal primarily to prurient interests; (b) defame, embarrass, harm, abuse, threaten, or harass; (c) violate state or federal laws of the United States and/or foreign territories; (d) involve hate crimes, terrorism or child pornography; (e) are tortious, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (f) impersonate the identity of a third party; (g) harm minors in any way; or (h) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information, THEN You understand and agree that We have the absolute right and power, in our sole discretion and without any liability to You whatsoever, to suspend the Whois Privacy Services, close Your Account, terminate provision of the Whois Privacy Services, list the information You provided in section 3 in the Whois pubic directory or provide the information You provided in section 3 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of the domain name, or take any other action which We deem necessary.
- In the event We take any of the actions set forth above, or in the event You elect to cancel the Whois Privacy Services for any reason, neither the Registrar of record or Whois Privacy Service will refund any fees paid by You for the Whois Privacy Service.
- You also acknowledge and agree that the Registrar of record may, in its sole discretion and without any liability to You whatsoever, cancel the Whois Privacy Services during the first thirty (30) days after You procured the Whois Privacy Services, and/or suspend Your rights under this Agreement and list the domain names during resolution of a dispute or investigation of allegations.
8. Limitation of Liability
- UNDER NO CIRCUMSTANCES SHALL WE, OR CENTRALNIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE WHOIS PRIVACY SERVICES, USE OR INABILITY TO USE WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO US, THE REGISTRAR, CENTRALNIC OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EITHER WE, THE REGISTRAR OR CENTRALNIC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OURS, THE REGISTRAR AND/OR CENTRALNIC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
- You further understand and agree that the We, and CentralNic disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of affiliated parties; (iii) data non-delivery or misdelivery between You and Us; (iv) the failure for whatever reason to renew the Whois Privacy Services; (v) the unauthorized use of Your Account or any of our services; (vi) errors, omissions or misstatements by either Us, or CentralNic; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your domain name; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).
- YOU AGREE THAT, IN ANY EVENT, WE, THE REGISTRAR AND CENTRALNIC'S RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR $100.00 PER DOMAIN.
- You agree to release, defend, indemnify and hold harmless us and our parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, Whois Privacy Ltd and the web sites of CentralNic Ltd, Your Account, and/or Your use of Your domain name.
10. Warranty Disclaimer
- CENTRALNIC AND WHOIS PRIVACY LTD, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE WEB SITES OF CENTRALNIC OR ANY WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL WHOIS PRIVACY SERVICES, AS WELL AS CENTRALNIC WEBSITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF THESE SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Miscellaneous Provisions
- Severability; Construction; Entire Agreement.
- You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and US regarding the services contemplated herein.
- Governing Law;
- This Agreement shall be governed in all respects by the laws of England. You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of England. You agree that venue shall be proper in such jurisdiction, and You agree to waive any objection You may have to jurisdiction and venue in such forum. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and You agree that service upon You may be accomplished by depositing the summons and complaint by air mail, first-class mail, postage pre-paid, addressed to the address provided by You in section 3, which service shall be deemed to be effective ten days after deposit.
- Term of Agreement; Survival.
- The term of this Agreement begins on the date You attempt to procure the Whois Privacy Service is accepted by CentralNic. The term shall run for the unit of time which You ordered when You procured the Whois Privacy Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 4a (Forwarding Communications), 8 (Limitation of Liability), 9 (Indemnity), 10 (Warranty Disclaimer) and 11(Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.
Service Agreement last updated on 19/08/2012. Copyright © 2012 Whois Privacy Ltd. All Rights Reserved.