(Applies to XXX domain registrations.)
WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the WHOIS Privacy Service:
Subscribers to the WHOIS Privacy Service have elected to include the following information in the publicly available WHOIS Registry:
You understand and agree that the Registrant and Contact Information that you have provided will be kept on file.
You further agree and warrant that you will ensure that the WHOIS Information is true, accurate and up to date.
You will retain complete control over the domain name and its registration records and 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 obligatory renewal and transfer related messages to the Contacts you have designated.
Communications Forwarding. Communications received with respect to a particular domain name registration will be handled as follows:
Right to Suspend and Disable. 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:
You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable the WHOIS Privacy Service pending final disposition of the matter.
Payment terms and refunds
The Client agrees that the term of the WHOIS Privacy registration will run in conjunction with the term of any requested domain that the Client wishes to register or any pre-existing domain that the client wishes to renew, as Clients will not be refunded for any period where the WHOIS Privacy is dormant.
(Applies to .org domains purchased after 17th October 2010; .com and .net domains purchased after 5th December 2010; .co domains purchased after 23rd January 2011)
The following terms and conditions (“Privacy Conditions”) shall apply if You subscribe to the Privacy Service:
1.1 The definition and rules of interpretation in this condition apply in the Privacy Conditions:
“Contact Details” means the contact details for Your Domain Name that You maintain with your Registrar.
“Dispute Resolution Policy” means any relevant dispute resolution policy including, but without limitation, the UDRP, the Nexus Dispute Policy and Nominet’s DRS.
“Domain Name” means an Internet top level domain name capable of registration through Your Registrar.
“Domain Name Servers” means computers that provide specific translation information in the Domain Name System.
“Domain Name Registry” means the organisation which operates the zone file converting Domain Names to Internet protocol addresses for a top level Domain Name.
“Expiration Date” means the date set out in the Whois database for the expiration of the registration of the Domain Name.
“Privacy Service” means a service to replace your contact data in the public Whois database with Our contact data as detailed in these Privacy Conditions.
“Registrar” means the commercial entity, accredited by the Registry, to manage the reservation of the Domain Name in accordance with the guidelines of the Domain Name Registry or its reseller.
“You” or “Your” means the person who is entering into this Contract with Us and who the Domain Name will be registered for.
“We”, “Us” or “Our” means Identity Protect Limited, a company incorporated in the UK for the purpose of providing a Privacy Service.
“Whois” means a Domain Name search tool for an Internet top level domain name registry database which will display Your contact data until a Privacy Service is enabled.
THE PRIVACY SERVICE
2.1. When You subscribe a Domain Name to Our Privacy Service You designate that We will thereafter be registered as the holder of the Domain Name (“Registrant”).
2.2. Subject to clause 4, for each Domain Name You subscribe to the Privacy Service, We shall keep Your name, postal address, email address, phone and fax numbers confidential.
2.3. When We become the Registrant of a Domain Name, the following information will be publicly available in the Whois for the Domain Name:
2.3.1. Our name and postal address as the Registrant;
2.3.2. Our email address, postal address, phone number and fax number as the technical contact, administrative contact and billing contact;
2.3.3. the primary and secondary Domain Name Servers that You designate for the Domain Name;
2.3.4. the Domain Name’s original date of registration and Expiration Date; and
2.3.5. the commercial entity, accredited by the Registry, to manage the reservation of the Domain Name in accordance with the guidelines of the Domain Name Registry
2.4. You will retain the full benefits of the Domain Name and may cancel the Privacy Service for each Domain Name at any time and You will then become the Registrant and Your details will show in the Whois.
3.1. You agree and acknowledge that in relation to each Domain Name You subscribe to the Privacy Service:
3.1.1. You will provide and update accurate and current Contact Details at all times of:
126.96.36.199. the email address, postal address, phone and fax numbers for the Domain Name’s technical contact, administrative contact and billing contact;
188.8.131.52. the primary and secondary Domain Name Servers that You designate for each Domain Name; and
3.1.2. You will:
184.108.40.206. respond within 7 days to any inquiries made by Us to determine the validity of any information provided to Us by You; and
220.127.116.11. respond within 10 days to correspondence We receive that is either addressed to or involves a Domain Name, as detailed in clause 4 below.
SUSPENSION AND TERMINATION OF PRIVACY SERVICE
4.1. You acknowledge and agree that We have the absolute right, in Our sole discretion and without any liability to You whatsoever, to suspend or cancel the Privacy Service for each subscribed Domain Name, such that You will then become the Registrant of the Domain Name with all applicable information then showing in the Whois, in certain circumstances, including but not limited to the following:
4.1.1. when required by law, governmental rules or requirements, governmental authorities or a court order; or
4.1.2. when We believe in good faith that such action is required by law; or
4.1.3. in compliance with a legal process served upon Us; or
4.1.4. in order to comply with ICANN and/or applicable Registry rules, policies or procedures; or
4.1.5. to resolve any and all third party claims, whether threatened or made, arising out of Your use of a Domain Name; or
4.1.6. if We believe that You are using the Privacy Service to conceal involvement in illegal, illicit, morally objectionable or harmful activities; or
4.1.7. to protect the integrity and stability of the applicable Domain Name Registry; or
4.1.8. to comply with any Dispute Resolution Policy; or
4.1.9. to avoid any financial loss or legal liability (civil or criminal) on the part of Us, Our parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or
4.1.10. if the Domain Name We register on Your behalf violates or infringes a third party’s trademark, trade name or other legal rights.
4.2. You further acknowledge and agree that in the event that We receive a formal complaint, notice of claim in relation to legal proceedings or in relation to a Dispute Resolution Policy, the subject matter of which is a Domain Name or which relates to Your use of the Services, We have the right to suspend the Privacy Service and Your identity will be revealed in the Whois as Registrant until and subject to the resolution of such matter.
REFUND IN EVENT OF CANCELLATION
5.1. We will not provide a refund in the event that We exercise any of Our rights set out in clause 4 above or You elect to cancel Our Privacy Service for any reason.
6.1. You agree and acknowledge that:
6.1.1. We will forward to You communications relevant to any or all of the circumstances set out at clauses 4.1 and 4.2 addressed to Your Domain Name that are received by Us by email, postal mail or fax.
6.1.2. The importance of clause 3.1.1 in allowing Us to fulfil our obligations to You in this clause 6.
6.1.3. Subject to clause 6.1.1 We will not forward to You any other communications (whether delivered through email, postal mail or fax) and You further authorize Us to either discard all such communications or return all such communications to sender unopened.
6.2. 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 Us.
6.3. We reserve the right to pass on to You the reasonable costs We may incur for administrative tasks outside of the scope of Our Privacy Service. Such tasks include, but are not limited to, customer service issues that cannot be handled by email and disputes requiring legal services.
* Applies to .org domains purchased after 17th October 2010
* Applies to .com and .net domains purchased after 5th December 2010
* Applies to .co domains purchased after 23rd January 2011
(Applies to .com domain registrations purchased between 3rd Nov and 5th Dec 2010)
By activating the Whois Privacy service offered by WhoisProxy.com Ltd., the customer (“registrant”) agrees to the following additional terms and conditions.
The whois privacy service (“service”) is offered as an optional and supplemental service for individual registrations of domain names and is available for new and existing non-commercial domain names registered with a registration service provider (“registrar”) cooperating with the Whois privacy service provider (“service provider”). The registrant may designate any domain name (certain TLDs may be excluded from the service due to registry policy) he controls or acquires to be registered in the name of the service provider, provided the domain name is not used commercially. The registrant may elect to disable the service at any time to replace the whois data with his own personal data.
The registrant shall retain full control and ownership over and remain the legally responsible owner of the domain name. The registrant maintains full liability for the registration and use of the domain name and agrees to release, defend, indemnify and hold harmless the whois privacy service provider, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, the registrants’ registration service provider as well as 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 the domain registration itself, the privacy services provided and/or the registrants’ use of his domain name registration.
The registrant agrees to provide and maintain true, accurate and up-to-date registration information for the domain name owner, admin, billing and technical contacts, as provided for in the general registration agreement with his registration provider provider, including his name, postal address, email address, phone and fax numbers. The registrant warrants the accuracy of this information. The registrant further agrees that all actual registration information will be maintained in a database by the registration service provider and escrowed with a third party provider (gTLDs only – the data will not be escrowed for ccTLD domain names). The service provider shall keep this information confidential, subject to section 5 of this agreement. In case of the use of inaccurate, fake or outdated information, the service provider is entitled to take all necessary actions to avoid legal or financial liability in the registrants stead, including, but not limited to the deletion of the domain name or the deactivation of the service.
In place of the registrants’ contact information, the following data shall be displayed in the whois information for the registrant of each domain name included in the service, unless the registration requires different data to be used to ensure management of a domain name by the registration service provider: An individual, but anonymous string identifying the registrant
The registrant agrees that the service provider may at any time and at its sole discretion suspend and disable the service without liability to the registrant and to reveal registrant and contact Whois information for any reason. Such reasons include but are not limited to:
The suspension or termination of the service will result in the immediate disclosure of the registrants information in the whois as well as to third party claimants. The service provider will endeavour to give the registrant a notice of 24 hours before the service is disabled.
The service provider shall not be held liable for delays of services and interruptions due to higher force, fault of third parties or due to events not under reasonable control or influence of the service provider, despite any agreed upon deadlines and dates. The registrant hereby permits service provider to postpone the supply of service by the duration of the respective disruption plus an appropriate starting time. Furthermore service provider can limit the service, if the stability and security of the operation, the maintenance of the net integrity, in particular the avoidance of serious disturbances of the network, the software or stored data requires it. For all services liability of service provider will be limited to intention and gross negligence to the amount paid by the registrant for the specific service. In every other case, liability is capped at the amount of damage that are typically foreseeable at the time the agreement.
The fees for the service are charged through the registration service provider. The current fees are published without engagement on the website of the registration service provider and can be changed at any time. For renewal of the service the price on the day of the renewal applies. At the end of a term, the service is automatically renewed for another term unless terminated by the registrant. In cases of termination or suspension of the service or the deletion or transfer of the the domain name, no partial refunds of the service fee for the remaining term is possible. Additional fees may apply in case of fees applicable for changes in the registrant information of a domain name.
The service provider retains the right to refuse any transfer request or request for an authorization code for a domain name by the registrant as long as the service is enabled.
The service provider may exclude certain top level domains from the service.
Any email sent to the automatically generated temporary anonymous individual email address will be redirected to the email address provided by the registrant. The service provider is not obligated to contact the registrant via another method should his email address become non-functional. In order to protect registrant from spam the generated email address will only work for a period of 14 days after the whois query was made.
The service is not a mail forwarding service and the registrant therefore agrees not to provide any third party with the data used by the service provider for the purpose of having such a third party transmit communications to the registrant through the service provider. Communications by third parties to the postal address of the registered name holder will not be forwarded to the registrant, and registrant agrees that service provider may review, return. destroy and/or discard all communications directed at the domain name registrant. The service provider will include an appropriate disclaimer in the whois data. The registrant agrees to waive any and all claims arising from his failure to receive communications directed at the domain name.
Modifications to the terms and conditions or the contract, as well as cancellations will only be accepted in writing, which includes E-Mail transmissions. Oral agreements shall not be considered valid.
For legal entities in New Zealand, as well as for all registrants without permanent residence in New Zealand, Wellington/ NZ will be the exclusive place of jurisdiction, as well as the place of fulfilment. For the contract between service provider and its registrants the NZ law is the only effective law.
If any provision of these terms and conditions shall be or become unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. Any provision determined to be unenforceable or invalid shall be replaced by provisions which are valid and enforceable and closest to the original objectives and intents of the original provisions in an economic and legal sense that would have been agreed upon by the parties, had they known of the invalidity at the time of the agreement to these terms and conditions.
(Applies to the following CentralNic domain registrations: .ae.org; .cn.com; .de.com; .eu.com; .gb.net; .sa.com; .us.com; .za.com; .gr.com; .se.net; .br.com; .ru.com; .jpn.com; .uk.net; .uk.com.)
This Agreement governs the terms and conditions upon which 123 Reg (“us”, “we” or “the company”) agrees to provide You with the Domain Privacy Service.
123 Reg 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 123 Reg website without further notice to you, effective immediately upon such posting.
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”) and the terms, conditions and policies imposed by the Registrar of the domain name to which the Domain Privacy Service applies.
You acknowledge and agree that 123 Reg may, in our sole and absolute discretion, suspend, cancel, or modify the Domain Privacy Service or your use of the Service at any time in accordance with the provisions of this Agreement, without notice to you.
2. The 123 Reg Domain Privacy Service
2.1 You understand and accept that the 123 Reg Domain Privacy Service is a proxy service as per ICANN’s Rules and Registrar Accreditation Agreement but shall be known as “Domain Privacy” hereinafter.
2.2 You are required to provide the following details when purchasing Domain Privacy:
2.2.1 The first and last legal name of the registered domain name owner;
2.2.2 The names of the primary nameserver and secondary nameserver(s) for the Registered Name;
2.2.3 The identity of Registrant including Registrant’s telephone and fax numbers (including any relevant extension numbers) and email address;
2.2.4 The original creation date of the registration;
2.2.5 The expiration date of the registration;
2.2.6 The name and postal address of the Registered Domain name Holder;
2.2.7 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name;
2.2.8 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name;
2.2.9 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the billing contact for the Registered Name.
2.3 Subscribers to the Domain Privacy Service who activate the service have elected to remove the following information on the publicly available WHOIS Registry:
2.3.1 Registrant and Contacts name(s);
2.3.2 Postal address and assigned email address and telephone number on behalf of the Registrant and the Contact(s).
2.4 Subscribers are aware that if the Domain Privacy Service is disabled during the term, this information will be displayed on the publicly available WHOIS Registry.
2.5 Subscribers to the Domain Privacy Service who activate the service have elected to display the following information on the publicly available WHOIS Registry:
2.5.1 The primary and secondary nameservers shall be those designated by 123 Reg
2.5.2 The original date of registration and the expiration of each domain name;
2.5.3 Registry Domain ID
2.5.4 Registrar Abuse Contact Email
2.5.5 Registrar Abuse Contact Phone
2.5.6 Domain Status
2.5.7 Registry Registrant ID
2.5.8 Registry Admin ID
2.5.9 Registry Tech ID
2.5.11 Last update of WHOIS database
2.6 Clients are to note that 123 Reg will be identified as the registrar of record.
2.7 You understand and agree that the information that you provide in respect of registrant details and contact details will be kept on file.
2.8 You further agree and warrant that you will ensure that any information supplied is accurate and up to date.
2.9 You will retain complete control over the domain name and its registration records.
2.10 You may suspend and reinstate the Domain Privacy Service at your discretion.
2.11 The Domain Privacy Service may be used with both new and existing domain name registrations. You may use the Domain 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 Domain Privacy Service must be disabled in order to initiate the transfer.
2.12 We will send all renewal and transfer related communications to the contact details you supply.
2.13 The total registration period of the Domain Privacy service cannot exceed a period of ten (10) years.
3. Forwarding Communications
3.1 You acknowledge and accept that whilst a Domain Privacy Service is enabled We may forward any correspondence received by us for you or related to your domain to the contact details that you supply, either by post or by email. This correspondence may be opened and scanned as necessary.
3.2 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.
3.3 Email correspondence will be forwarded according to the instructions of the Registrant as they appear in our records.
4. Right to Suspend and Disable
4.1 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:
4.1.1 when required by law or to avoid legal liability;
4.1.2 in the good faith belief that disclosure is necessary to assist in investigations to an alleged breach of a law;
4.1.3 to help to resolve any and all third party claims including but not limited to ICANN’s or a any other relevant dispute resolution policy;
4.1.4 to avoid financial loss;
4.1.5 in the good faith belief that you are using the Domain Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities;
4.1.6 to transmit spam, viruses, worms or other harmful computer programs;
4.1.7 when We believe in good faith that such action is required by law;
4.1.8 in order to comply with ICANN and/or applicable Registry rules, policies or procedures;
4.1.9 if the Services are being used for the publication, web forwarding, linking to, issue of or display of any material which in Our absolute discretion may harm Us, Our reputation or otherwise bring Us into disrepute.
In the event that We receive a formal complaint (including, but not limited to, a notice of claim or UDRP notification), We will have the right to disable the Domain Privacy Service pending a final decision.
5. Payment terms and refunds
5.1 You agree that the term of the Domain Privacy registration will run in conjunction with the requested domain that the Client wishes to register or any pre-existing domain that the client wishes to renew. However, should the domain be registered on a different date to the Domain Privacy You acknowledge and understand that this does not mean the Domain Privacy will run for the same length of time as the domain is registered.
5.2 The domain and the Domain Privacy shall have separate expiration dates. It is your responsibility to ensure that any Domain Privacy runs for the same length of time as the domain. In the event that the domain expires prior to the associated Domain Privacy 123 Reg shall not issue any refunds for the remaining period.
5.3 You must contact the 123 Reg Support team within five (5) calendar days to make a request for a refund. You acknowledge and understand that your request for a refund does not in any way guarantee that 123 Reg shall issue a refund.
6.1 The Domain Privacy shall automatically renew upon expiry for the same amount of years as previously renewed or purchased unless You actively set the service to expire upon renewal. This must be done while the Domain Privacy service is live through your Control Panel.
Please note that having the Domain 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.
7.1 You acknowledge and understand that We shall verify the email address you provide upon registration, upon purchase of Domain Privacy, upon any updates you make, once a year and at any other time We deem necessary. In the event that your email address cannot be verified, your domain shall be suspended within fifteen (15) calendar days and/or removed from your control.
7.2 Further to the above clause 7.1, You acknowledge and accept that We shall keep a log of the checks We carry out for as long as is deemed necessary by ICANN.
7.3 You acknowledge and understand that We shall cross validate postal address information to spec UPU S42 to ensure that it is a legitimate address. In the event that your postal address cannot be verified, your domain shall be suspended within fifteen (15) calendar days and/or removed from your control.
7.4 This verification process is non-negotiable.
8. .UK Domain Privacy
8.1 The .UK Domain Privacy service applies to the following domain name extensions: .co.uk, .org.uk, .me.uk, ltd.uk, plc.uk and net.uk.
8.2 The terms within this 123 Reg Domain Privacy shall continue to apply for all .UK Domain Privacy services purchased.
8.3 If in the event YOU have a WHOIS or Domain Privacy Opt-Out feature enabled You understand that this service shall remain free until such time that You disable it. Should you wish to re-enable the feature this will become immediately chargeable and You shall be liable to pay the associated fees to 123 Reg.