PLEASE BE ADVISED THAT IF YOU ELECT TO USE ID PROTECTION SERVICES AS SET FORTH HEREIN,
THE REGISTRAR OR ITS AFFILIATES WILL NOT ESCROW CERTAIN DOMAIN REGISTRATION INFORMATION.
PLEASE READ THIS ID PROTECTION SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. BY USING
THE ID PROTECTION SERVICES ("IDP SERVICES"), YOU AGREE TO ALL THE TERMS AND CONDITIONS
IN THIS AGREEMENT. YOU AGREE THAT THE "SERVICE PROVIDERS" (DEFINED BELOW) MAY AMEND
THIS AGREEMENT BY POSTING THE AMENDED AGREEMENT ON THE WEBSITE WHERE YOU OBTAINED
THE IDP SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT
CHANGE THE IDP SERVICES 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 THE IDP SERVICES. CONTINUED
USE OF THE IDP SERVICES AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES
YOUR ACCEPTANCE OF SUCH CHANGES.
This Agreement is by and between Whois Privacy Protection, Inc., a Nevada corporation
("Backend Service Provider"), the party, if any, other than the Backend Service
Provider who makes the IDP Services available to You ("Primary Service Provider;"
Backend Service Provider and Primary Service Provider, if any, being together referred
to herein as the "Service Providers"), Your heirs, executors, administrators, agents,
successors and assigns ("You," "Your," and other appropriate formatives). This Agreement
sets forth the terms and conditions of Your relationship with the Service Providers
and Your use of the IDP Services. 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 You establish to obtain the IDP Services, whether or
not the transactions were on Your behalf and/or authorized by You. You agree that
You will be bound by representations made by third parties You use to obtain the
IDP Services. You further agree to abide by the terms and conditions promulgated
by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including
the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy,"
http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may establish
with respect to WHOIS information, and the terms and conditions of Your domain name
registration with Your registrar (the ICANN-accredited person or entity through
which You register a domain name). This Agreement is in addition to domain name
registration agreement(s) entered into by You and a registrar when You register
or renew domain name registration(s).
THE IDP SERVICES
If You subscribe to the IDP Services, each domain name registration which You control
and which You designate ("IDP Domains") will thereafter be registered in the name
of the Backend Service Provider, as registrant. Your name, postal address, email
address, phone and fax numbers shall be kept confidential, subject to Section 5
of this Agreement. The following information (and not Your personal information)
will be made publicly available in the "Whois" directory for each IDP Domain:
- The Backend Service Provider's email address, postal address and phone and facsimile
number for the registrant, administrative, technical, and billing contacts ("IDP
- The primary and secondary domain name servers You designate for the IDP Domain;
- The IDP Domain's original date of registration and expiration date;
- The identity of Your registrar, domain name service provider (if different from
registrar) and the status of the IDP Domain with the registrar (such as, "active,"
"Registrar Lock," "clienthold," etc.).
Backend Service Provider may modify its information from time to time in such a way which may constitute a "Change of Registrant" under ICANN’s Transfer Policy (the "Transfer Policy"). In such a case, You and Backend Service Provider explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant. In addition, You and Backend Service Provider explicitly authorize the registrar of the IDP Domain to act as its "Designated Agent" (as defined in the Transfer Policy) to approve each "Change of Registrant" (as defined in the Transfer Policy) on its behalf.
While You will not be listed as the registrant for the IDP Domains, and other than
as described in this Agreement, the Backend Service Provider will not act to control
the IDP Domain(s). You will retain the right to sell, transfer, or assign each IDP
Domain; You will retain the right to control and set the DNS settings for the IDP
Domain(s); You will retain the right to renew each IDP Domain name registration
upon expiration (subject to Your registrar's applicable rules and policies); and
You will remain responsible to resolve any and all monetary or other legal claims
that arise in connection with Your IDP Domain(s), subject to the remaining provisions
of this Agreement.
IMPORTANT: THE IDP SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree
that You will not provide any third party with the IDP Addresses for the purpose
of having such third party transmit communications to You through the Backend Service
Provider. Third parties may obtain the IDP Addresses listed in the Whois directory
by their own initiative, but You agree that You will not be the one to provide the
IDP Addresses to such third parties.
PROVISION OF PERSONAL INFORMATION
You agree that for each IDP Domain, You will provide to the Service Providers 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
IDP Domain's administrative, technical, and billing contacts;
- The primary and secondary domain name servers for the IDP Domain;
You agree to: (i) update this information immediately as it changes over time; (ii)
respond within five (5) business days to any inquiries made by either Service Provider
to determine the validity of personal information provided by You; (iii) promptly
respond to messages regarding correspondence addressed to or involving Your IDP
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 Backend Service Provider may point
Your IDP Domain(s) to an IP address of Backend Service Provider' choosing until
such time as You supply primary and secondary domain name servers.
RENEWALS AND FEES
If You have selected automatic renewal of the IDP Services through the account which
You use to manage Your IDP Services ("Your Account"), You agree i) that the IDP
Services shall be automatically renewed 30 days prior to the end of Your IDP Services
term, ii) that the Service Provider will attempt to charge the credit card You have
on file with the Service Provider at the then current rates, and iii) You waive
any requirement to obtain You ongoing affirmative consent to any such automatic
renewal. If You do not wish to automatically renew the IDP Services, You agree that
the exclusive method for communicating this to the Service Provider shall be by
logging into Your Account to ensure that the auto-renewal or renewal option is not
selected. You understand that You must do this at least 31 days prior to the end
of the then current IDP Service term. It is Your responsibility to keep Your credit
card information current and accurate, including the expiration date. If Service
Provider is unable to collect renewal or other fees, You agree that a Service Provider
may contact You, but is not obliged to do so, and You agree that Service Provider
may suspend or terminate the IDP Services as a result of inability to obtain payment.
For domain name registrations which are serviced by a registrar other than a Service
Provider: If available as an option and if such option selected by You, You agree
that either Service Provider shall be authorized to contact Your domain name registration
service provider on Your behalf (and using the credit card provided by You) to renew
the domain name registration of associated IDP Domains.
If Backend Service Provider elects to begin charging fee(s) to forward communications
to You (see below), You agree that You may be required to pay such fees before the
communications will be forwarded. Backend Service Provider may change its service
and forwarding fees at any time. Backend Service Provider may also charge reasonable
fees for administrative tasks outside the scope of regular services. These may include,
but are not limited to, customer service issues that require personal service and
disputes that require legal services. You are responsible for paying all fees and
taxes associated with using Backend Service Provider's services. Payment shall be
made by credit card unless other options are indicated in Your Account. You agree
that charges may appear on the credit card statement under a descriptive provider
identifier, such as "Domain Name Registration Services." Fees are non-refundable.
If for any reason there is a charge back for any fee previously charged to the credit
card by Backend Service Provider, You agree that Backend Service Provider may, without
notice, pursue all available remedies in order to obtain payment. Without limitation
on other remedies which may be available under such circumstances, You agree that
Backend Service Provider may assume complete ownership of the IDP Domain(s), that
the IDP Domain(s) may be sold to third parties, or that the IDP Domain(s) may be
to pointed to IP numbers of Backend Service Provider's choosing, and that Backend
Service Provider may immediate cancel Your Account and all services provided to
IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF IDP SERVICES AND REGISTRATION
TERM OF AN ASSOCIATED IDP DOMAIN: You understand that Your IDP Services term begins
on the date Your attempt to procure the IDP Services is accepted by the Service
Provider(s) and that it shall run for the unit of time which You order (typically,
this would be one year). You understand that the IDP Services term may be different
than the registration term of the IDP Domain which is associated with the IDP Services.
If an IDP Domain expires and is deleted before the end of the term of the associated
IDP Services, then the IDP Services associated with the domain will end when the
IDP Domain is deleted and You understand that there will be no refund for any resulting
unused portion of an IDP Services term. If the IDP Services term ends while the
registration term for an IDP Domain is still ongoing, then the IDP Services will
no longer be provided, the personal information specified in section 2 shall be
listed in the WHOIS output for the (then former) IDP Domain, and the communications
forwarding services specified in section 6 will no longer be provided.
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 IDP Services in
good faith and that You have no knowledge or reason to believe that Your IDP 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.
You also warrant that neither the IDP Services nor IDP Domain(s) will not be used
in connection with any illegal or morally objectionable activity (as defined below
in section 5), or, in connection with the transmission of unsolicited commercial
SERVICE PROVIDER'S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL
In the event of any of the following:
- If the IDP 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 or an anti-Spam policy of either Service
- If You breach any provision of Your registrar's Registration Agreement;
- If necessary to protect the integrity and stability of the applicable domain name
- If necessary to comply with any applicable laws, government rules or requirements,
subpoenas, court orders or requests of law enforcement;
- If Backend Service provider is named as a defendant in, or investigated in anticipation
of, any legal or administrative proceeding arising out of Your use of the IDP Services
or an IDP Domain;
- If necessary to comply with ICANN's Dispute Resolution Policy or other policies
promulgated by ICANN (including policies which may preclude use a service such as
ID Protect );
- If necessary to avoid any financial loss or legal liability (civil or criminal)
on the part of Backend Service Provider, its parent companies, subsidiaries, affiliates,
shareholders, agents, officers, directors and employees;
- OR if it comes to Backend Service Provider's attention that You are alleged to be
using the IDP 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: (i)
appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten,
or harass; (iii) violate state or federal laws of the United States and/or foreign
territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortious,
vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise
objectionable; (vi) impersonate the identity of a third party; (vii) harm minors
in any way; or (viii) 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
You understand and agree that Backend Service Provider has the absolute right and
power, in its sole discretion and without any liability to You whatsoever, to suspend
the IDP Services, close Your Account, terminate provisionment of the IDP Services,
list the information You provided in section 2 in the Whois output or provide the
information You provided in section 2 to a claimant, resolve any and all third party
claims, whether threatened or made, arising out of Your use of IDP Domain, or take
any other action which Backend Service Provider deems necessary.
In the event Backend Service Provider takes any of the actions set forth above or
in the event You elect to cancel the IDP Services for any reason, neither Service
Provider will refund any fees paid by You for the IDP Services.
You also acknowledge and agree that Backend Service Provider may, in its sole discretion
and without any liability to You whatsoever, cancel the IDP Services during the
first thirty (30) days after You procured the IDP Services, and/or suspend Your
rights under this Agreement and list the IDP Addresses during resolution of a dispute
or investigation of allegations.
You agree that Backend Service Provider will review communications sent to the IDP
Addresses associated with Your IDP Domain. For communications received via certified
or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal
mail which does not appear to be unsolicited commercial mail, Backend Service Provider
may either i) forward such communication to You or ii) may attempt to communicate
to You a scanned copy of a page of the communication to ascertain Your desires with
respect to forwarding the communication to You. You specifically acknowledge that
Backend Service Provider may elect to not forward to You (nor to otherwise communicate
with You) regarding first class postal mail or email, fax, postal mail or telephone
communications which appear to be unsolicited communications which offer or advertize
the sale of goods or services or which solicit charitable contributions, or communications
which appear to arise from Your having used the IDP Services as a general mail forwarding
service (see section 1, above). You authorize Backend Service Provider to either
discard all such communications or return all such communications to sender unopened.
You agree to waive any and all claims arising from Your failure to receive communications
directed to Your domain name but not forwarded to You by Backend Service Provider,
including failures which arise from Backend Service Provider's mistake in judging
whether a communication appears to be an unsolicited communication.
Email. The Whois directory generally requires an email address for every
purchased domain name registration. When You purchase IDP Services, Backend Service
Provider creates an email address for that domain, "email@example.com".
Thereafter, when messages are sent to the email address listed in the IDP Address,
Backend Service Provider forwards such messages to the email address You listed
in section 2. If such email address becomes non-functioning or if email to such
address bounces, Backend Service Provider is not obligated to attempt to contact
You through other means. You agree that Backend Service Provider may elect, in Backend
Service Provider's sole discretion, to allow You to access Your Account and view
email sent to the IDP Addresses, though such alternative means of servicing Your
Account is an option and not a requirement.
Your Obligation to Respond to communications from the Backend Service Provider:
When Backend Service Provider receives a communication which may warrant forwarding
to You, per the terms of this Agreement, Backend Service Provider will send an email
to the email address You provided to Backend Service Provider pursuant to section
2. The email message will identify the sender of the correspondence and the date
received. As an alternative, You agree that Backend Service Provider may allow You
to access Your Account to view full or partial scanned copies of (non-email) communications
sent to the IDP Addresses and that You may be required to interact with Your Account
to have the physical originals of such communications forwarded to You and that
if You do not interact with Your Account in the ways indicated upon accessing Your
Account, that the communications may not be forwarded to You. In either event, You
will have seventy-two (72) hours to decide whether to have the communication(s)
forwarded. If You do not respond within this time period, the communication(s) will
not be forwarded. Method of forward will be determined by Backend Service Provider.
Communication(s) may not be immediately forwarded upon Your election; there may
be a delay and communication(s) may be aggregated to be forwarded together. The
Backend Service Provider may begin charging fees for forwarding communications or
may change the method by which communications are forwarded without written notice.
In the event You do not respond to communications from the Backend Service Provider
regarding communications received at the IDP Address, Backend Service Provider may
immediately reveal the information You provided pursuant to section 2 and/or cancel
the IDP Services regarding either the IDP Domain in question or with respect to
all of Your IDP Domains, depending on the circumstances. This means the Whois directory
will revert to displaying Your name, postal address, email address and phone number.
This action would be taken because Backend Service Provider will not become involved
in any legal or other matters between You and third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS 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 IDP SERVICES, USE OR INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S)
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 BACKEND SERVICE PROVIDER 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 THE PRIMARY OR BACKEND SERVICE
PROVIDERS 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, THE PRIMARY
AND BACKEND SERVICE PROVIDERS' 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 Primary and Backend Service Providers
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 the Service Providers; (iv) the failure for whatever reason to renew
the IDP Services; (v) the unauthorized use of Your Account or any of the Service
Provider's services; (vi) errors, omissions or misstatements by either Service Provider;
(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 IDP Domain;
(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, THE PRIMARY AND BACKEND SERVICE PROVIDERS' 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 IDP DOMAIN.
You agree to release, defend, indemnify and hold harmless the Primary and Backend
Service Providers, and their 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, the IDP
Services, the web sites of the Service Providers, Your Account, and/or Your use
of Your IDP Domain.
BACKEND SERVICE PROVIDER WARRANTY DISCLAIMER
THE BACKEND SERVICE PROVIDER, 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 THE BACKEND SERVICE PROVIDER 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 BACKEND SERVICE PROVIDER SERVICES, AS WELL AS THE BACKEND
SERVICE PROVIDER WEB SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF
BACKEND SERVICE PROVIDER'S 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.
COPYRIGHT & TRADEMARK
You understand and agree that all content and materials contained in this Agreement,
various copyright, patent, trademark, service mark and trade secret laws of the
United States, as well as any other applicable proprietary rights and laws, and
that Backend Service Provider reserves its rights in and to all such content and
materials. You further understand and agree that You are prohibited from using any
of the afore-described content and materials without the written permission of Backend
Service Provider. No license or right under any copyright, patent, trademark, service
mark or other proprietary right or license is granted to You or conferred upon You
by this Agreement or otherwise.
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 Backend Service Provider
regarding the services contemplated herein.
Governing Law; Venue; Waiver Of Trial By Jury.
This Agreement shall be governed in all respects by the laws and judicial decisions
of King County, Washington, excluding its conflicts of laws rules. You agree that
any action relating to or arising out of this Agreement, shall be brought exclusively
in the courts of King County, Washington. For the adjudication of domain name registration
disputes and disputes under this Agreement, You agree to submit to the exclusive
subject matter and personal jurisdiction of the state and Federal courts located
in King County, Washington, 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
in the United States mail, first-class mail, postage pre-paid, addressed to the
address provided by You in section 2, which service shall be deemed to be effective
five days after deposit.
Term of Agreement; Survival.
The term of this Agreement begins on the date Your attempt to procure the IDP Services
is accepted by the Service Provider(s). The term shall run for the unit of time
which You ordered when You procured the IDP Services, unless terminated or suspended
sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications),
7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous
Provisions) shall survive any termination or expiration of this Agreement.