The following terms and conditions apply to Domain Privacy prior to the date that your product is migrated to either Domain Privacy or Full Domain Ownership Protection product, as per our email to you, or 31 December 2023, whichever is earlier. Please see below for terms that apply from the date that your product is migrated or from 31 December 2023, whichever is earlier.
General WHOIS privacy terms
Tucows WHOIS privacy terms and conditions
(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:
Contactprivacy.com shall appear as the Registrant and Contacts name(s);
Tucows' postal address and a Tucows assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s);
The primary and secondary nameservers shall be those designated by the Registrant;
The original date of registration and the expiration of each domain name;
Tucows will be identified as the registrar of record.
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:
We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you or your Contact.. Regular postal mail will be discarded or returned to sender at our discretion.
Email correspondence will be forwarded according to the instructions of the Registrant as they appear in our records.
A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com web site where written messages will be forwarded according to your instructions.
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.
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:
when required by law;
in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law;
to comply with a legal process served upon Tucows;
to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy;
to avoid financial loss or legal liability;
if we believe that you or one of your Contacts is using the WHOIS Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities;
to transmit SPAM, viruses, worms or other harmful computer programs
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.
Identity Protect WHOIS privacy terms and conditions
(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)
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:
220.127.116.11. the email address, postal address, phone and fax numbers for the Domain Name's technical contact, administrative contact and billing contact;
18.104.22.168. the primary and secondary Domain Name Servers that You designate for each Domain Name; and
3.1.2. You will:
22.214.171.124. respond within 7 days to any inquiries made by Us to determine the validity of any information provided to Us by You; and
126.96.36.199. 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
WhoisProxy.com privacy terms and conditions
(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
Postal address of the service provider;
Phone number of the service provider;
An automatically generated temporary anonymous individual email address redirecting all communications to the email address provided by the registrant;
A status/information notice of the service provider.
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:
failure to provide payment for the service;
breach of any provision of this agreement or the registration agreement with the registration service provider;
requirement by law;
compliance with a registry request, a court order or a law enforcement agency request;
receipt of a legal complaint regarding the use or registration of a domain name;
receipt of a formal request from an UDRP service provider;
receipt of a formal request from an alternative dispute service provider;
for the resolution of any and all third party claims;
for the avoidance of financial loss or legal liability of service provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers employees and directors;
good faith belief or third party complaint of illegal or morally objectionable use of the domain name, especially use to transmit SPAM, viruses, worms or other harmful computer programs;
good faith belief or allegation of use of the service to conceal involvement with illegal, illicit, objectionable or harmful activities;
good faith belief or allegation that the registration violates or infringes upon the legal rights of a third party, or any third-party trademark or trade name;
good faith belief that disclosure is necessary to further determination of an alleged breach of a law;
use of the domain name for commercial purposes;
the deletion of a domain name.
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.
123 Reg Domain Privacy
(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.
The following terms and conditions will apply from the date that your service is migrated to our new Domain Privacy product, as per our email notice to you, or from 31 December 2023, whichever is earlier.
If you have been informed that your product is migrating to Full Domain Ownership Protection, please find those terms and conditions here which will apply in addition to these terms.
123 Reg - DOMAIN PRIVACY AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
The General Terms and Conditions set forth the general terms and conditions of your use of our site and the Services. This Domain Name Proxy Agreement (this “Service Agreement”) governs your use of 123 Reg’s domain privacy related services (“DBP Services”). Capitalised terms used in this Service Agreement, but not defined, are defined in the General Terms and Conditions.
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") and Your Registrar (i.e., the ICANN-accredited person or entity through which You register a domain name).
1. DESCRIPTION OF 123-REG’S PRIVATE REGISTRATION SERVICES
When you subscribe to 123 Reg's private registration service through a 123 Reg-affiliated Registrar, 123 Reg will display ’Domains by Proxy LLC’ in the publicly available "Whois" directory in place of your information. 123 Reg shall keep Your name, postal address, email address, phone and fax numbers confidential, subject to Section 4 of this Agreement. The following information (and not Your personal information) will be made publicly available in the "Whois" directory as determined by ICANN policy:
i. ‘Domains by Proxy, LLC’ as the proxy Registrant of the domain name and a proxy email address, phone number and postal address for the proxy Registrant's contact information;
ii. A proxy postal address and phone number for the domain name registration's technical contact;
iii. A proxy email address, postal address and phone number for the domain name registration's administrative contact;
iv. The primary and secondary domain name servers You designate for the domain name;
v. The domain name's original date of registration and expiration date of the registration; and
vi. The identity of the Registrar.
2 . FULL BENEFITS OF DOMAIN REGISTRATION RETAINED BY YOU
Although Domains by Proxy, LLC will show in the "Whois" directory as the Registrant of each domain name registration you designate, you will retain the full benefits of domain name registration with respect to each such domain name registration, including, subject to Section 4 below:
i. The right to sell, transfer or assign each domain name registration, which shall require the DBP Services associated with each such domain name registration to be disabled;
ii. The right to control the use of each domain name registration, including designating the primary and secondary domain name servers to which each domain name points;
iii. The right to cancel each domain name registration;
iv. The right to disable the DBP Services associated with each domain name registration and/or your privacy services with 123 Reg so that your contract information is listed in the "Whois" directory; and
v. The right to renew each domain name registration upon its expiration, subject to your Registrar's applicable rules and policies.
3 . PERSONAL INFORMATION AND YOUR NOTIFICATION OBLIGATIONS; REPRESENTATION AND WARRANTIES; ACCOUNT SECURITY
Personal Information and Your Notification Obligations
You agree that for each domain name for which you use DBP Services, you will provide accurate and current information as to:
i. Your name, the email address, postal address, phone and fax numbers for the domain name registration's Registrant contact;
ii. The email address, postal address, phone and fax numbers for the domain name registration's technical contact;
iii. The email address, postal address, phone and fax numbers for the domain name registration's administrative contact;
iv. The email address, postal address, phone and fax numbers for the domain name registration's billing contact; and
v You agree to provide government issued photo identification and/or government issued business identification as required for verification of identity when requested.
You agree to:
i. Notify 123 Reg within three (3) calendar days when any of the personal information You provided upon subscribing to DBP Services, changes;
ii. Respond within three (3) calendar days to any inquiries made by 123 Reg to determine the validity of personal information provided by You; and
iii. Timely respond to email messages 123 Reg sends to You regarding correspondence 123 Reg has received that is either addressed to or involves You and/or Your domain name registration, as more fully set forth in Section 5(c) below.
iv. To allow 123 Reg to act as your Designated Agent (as that term is defined below) in instances when DBP Services are added to or disabled from your domain name and for the purpose of facilitating a change of registrant request (as further described below).
v. As required by ICANN or for certain ccTLDs (.ag, .am, .at, .au, .be, .ca, .cl, .cn, .de, .dk, .es, .fi, .fm, .fr, .gg, .gr, .gs, .in, .it, .jp, .kr, .ms, .my, .no, .nu, .ph, .pl, .pt, .ru, .sc, .se, .sg, .tc, .tk, .tw, .us, .vg, .co.nz, .net.nz, .org.nz, .com.tw, .org.tw, .idv.tw, .com.cn, .net.cn, .org.cn, .jobs, .eu, .com.ag, .net.ag, .org.ag, .com.pl, .net.pl, .org.pl, .biz.pl, .info.pl, .com.sc, .net.sc, .org.sc, .com.au, .net.au, .com.br, .co.jp, .com.sg, .com.ph, .co.za, .co.in, .com.pt, .org.au, .net.in, .org.in, .firm.in, .gen.in, .ind.in, .com.my, .gov.co, .com.es, .com.ve, .org.ve, .com.gr, .net.my, .nom.es, .org.es, .net.br, .org.co, .co.kr, .org.my, .com.ru, .net.ru, .org.ru, .co.ve, .info.ve, .net.ve, .web.ve, .ne.kr, .net.ph, .org.ph, .nyc, .vote, .law, .blackfriday, .hiv, .tattoo, .voto, .pics, .sydney, .flowers, .lol, .amsterdam, .hiphop, .juegos, .link, .guitars, .gift, .click, .nrw, .property, .diet, .help, .sexy, .mom, .audio, .game, .christmas, .photo, .hosting, .melbourne, .re.kr), we are restricted/prohibited from using Domains By Proxy (i.e., Private or Proxy data) for domains under these TLDs. Your information may be made publicly available by the registry operator via Whois or its successor protocol (collectively referred to as the “Whois" Directory) that is beyond, and not subject to, 123 Reg's control.
It is your responsibility to keep your personal information current and accurate at all times.
You agree 123 Reg will arrange for Your Registrar to charge the credit card You have on file with the Registrar, at the Registrar's then current rates.
If for any reason 123 Reg and/or the Registrar for your domain name is unable to charge your credit card for the full amount of the service provided, or if 123 Reg and/or the Registrar is charged back for any fee it previously charged to the credit card you provided, you agree that 123 Reg and/or the Registrar may, without notice to you, pursue all available remedies in order to obtain payment, including but not limited to immediate cancellation of all services 123 Reg provides to you.
Representations and Warranties
You warrant that all information provided by you to 123 Reg is truthful, complete, current and accurate. You also warrant that you are using 123 Regs private registration services in good faith and you have no knowledge of your domain name infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant the domain name being registered by 123 Reg on your behalf will not be used in connection with any illegal activity, or in connection with the transmission of Spam, or that contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable or, disrupting, damaging or limiting the functionality of any software or hardware.
You agree you are entirely responsible for maintaining the confidentiality of your customer number/login ID and password ("Account Access Information"). You agree to notify 123 Reg immediately of any unauthorised use of your account or any other breach of security. You agree 123 Reg will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You further agree you could be held liable for losses incurred by 123 Reg or another party due to someone else using your Account Access Information. For security purposes, you should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that you are entirely responsible for all activity in your account, whether initiated by you, or by others. 123 Reg specifically disclaims liability for any activity in your account, regardless of whether you authorised the activity.
Designated Agency and Change of Registrant Information
"DESIGNATED AGENT" MEANS AN INDIVIDUAL OR ENTITY THAT THE PRIOR REGISTRANT OR NEW REGISTRANT EXPLICITLY AUTHORIZES TO APPROVE A CHANGE OF REGISTRANT REQUEST ON ITS BEHALF. IN THE CASE OF DBP SERVICES, A CHANGE OF REGISTRANT REQUEST MAY ALSO ARISE DUE TO INSTANCES WHERE DBP SERVICES ARE ADDED, OR REMOVED, FROM A DOMAIN NAME. FOR THE PURPOSE OF FACILITATING ANY SUCH CHANGE REQUEST, AND IN ACCORDANCE WITH ICANN'S CHANGE OF REGISTRANT POLICY, YOU AGREE TO APPOINT 123 REG AS YOUR DESIGNATED AGENT FOR THE SOLE PURPOSE OF EXPLICITLY CONSENTING TO MATERIAL CHANGES OF REGISTRATION CONTACT INFORMATION ON YOUR BEHALF.
4 . 123 REG'S RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL INFORMATION
You understand and agree that 123 Reg has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to:
i. Cancel the privacy service (which means that Your information will be available in the "Whois" directory) and/or reveal Your name and personal information that You provided to 123 Reg:
A. When required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law or in the interest of public safety;
B. To comply with legal process served upon 123 Reg or in response to a reasonable threat of litigation against 123 Reg (as determined by 123 Reg in its sole and absolute discretion); or
C. To comply with ICANN rules, policies, or procedures.
ii. Resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name for which 123 Reg is the registrant listed in the "Whois" directory on Your behalf; or
iii. Take any other action 123 Reg deems necessary:
A. In the event you breach any provision of this Agreement or the 123 Reg Acceptable Use Policy;
B. To protect the integrity and stability of, and to comply with registration requirements, terms, conditions and policies of, the applicable domain name Registry and/or Registry Provider;
C. To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
D. To comply with ICANN's Dispute Resolution Policy or ICANN's Change of Registrant Policy;
E. To avoid any financial loss or legal liability (civil or criminal) on the part of 123 Reg, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
F. If the domain name for which 123 Reg is the registrant on Your behalf violates or infringes a third party's trademark, trade name or other legal rights; and
G. If it comes to 123 Regs attention that you are using 123 Reg’s services in a manner (as determined by 123 Reg in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages, or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
Promotes, encourages or engages in terrorism, violence against people, animals, or property;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
Interferes with the operation of 123 Reg services;
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
Contains false or deceptive language, or unsubstantiated or comparative claims, regarding 123 Reg or its services.
You further understand and agree that if 123 Reg is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of your domain name registration or your use of 123 Reg's services, your private registration service may be cancelled, which means the domain name registration will revert back to you and your identity will therefore be revealed in the Whois directory as Registrant.
In the event:
i. 123 Reg takes any of the actions set forth in subsection i, ii, or iii above or section 5; and/or
ii. You elect to cancel 123 Reg’s services for any reason --
Neither 123 Reg nor your Registrar will refund any fees paid by You whatsoever.
5 . COMMUNICATIONS FORWARDING
a. Correspondence Forwarding
Inasmuch as 123 Reg’s name, postal address and phone number will be listed in the Whois directory, you agree 123 Reg will review and forward communications addressed to your domain name that are received via email, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail. You specifically acknowledge 123 Reg will not forward to you first class postal mail (other than legal notices), "junk" mail or other unsolicited communications (whether delivered through email, fax, postal mail or telephone), and you further authorise 123 Reg 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 123 Reg.
b. Email Forwarding
The Whois directory requires an email address for every purchased domain name registration. When you purchase a private domain registration, 123 Reg creates a private email address for that domain name, "@domainsbyproxy.com". Thereafter, when messages are sent to that private email address, 123 Reg handles them according to the email preference you selected for that particular domain name. You have three (3) email preferences from which to choose. You can elect to:
i. Have all of the messages forwarded;
ii. Have all of the messages filtered for Spam and then forwarded; or
iii. Have none of the messages forwarded.
As with all communications, you agree to waive any and all claims arising from your failure to receive email directed to your domain name but not forwarded to you by 123 Reg.
c. Notifications Regarding Correspondence and Your Obligation to Respond
When 123 Reg receives certified or traceable courier mail or legal notices addressed to your domain name, in most cases, 123 Reg will attempt to forward the mail to you via email. If you do not respond to the 123 Reg email and/or the correspondence 123 Reghas received regarding your domain name registration concerns a dispute of any kind or otherwise requires immediate disposition, 123 Reg may immediately reveal your identity and/or cancel the 123 Regprivate registration service regarding either the domain name registration(s) in question. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number that you provided to 123 Reg.
d. Additional Administrative Fees
123 Reg reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks 123 Reg may perform outside the normal scope of its Services, (ii) additional time and/or costs 123 Reg may incur in providing its Services, and/or (iii) your non-compliance with the Agreement (as determined by 123 Reg in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to, (i) customer service issues that require additional personal time and attention; (ii) disputes that require accounting or legal services, whether performed by 123 Reg staff or by outside firms retained by 123 Reg; (iii) recouping any and all costs and fees, including the cost of DBP Services, incurred by 123 Reg as the result of chargebacks or other payment disputes brought by you, Your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with your Registrar.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
6 . LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL 123 REG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, DBP SERVICES, USE OR INABILITY TO USE THE 123 REG WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE 123 REG WEBSITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO 123 REG 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 123 REG HAS 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, 123 REG’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
YOU FURTHER UNDERSTAND AND AGREE THAT 123 REG DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
i. THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
ii. ACCESS DELAYS OR INTERRUPTIONS TO OUR WEBSITE OR THE WEBSITES OF OUR AFFILIATED REGISTRARS;
iii. DATA NON-DELIVERY OR MIS-DELIVERY BETWEEN YOU AND 123 REG;
iv. THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION;
v. THE UNAUTHORIZED USE OF YOUR 123 REG ACCOUNT OR ANY OF DBP SERVICES;
vi. ERRORS, OMISSIONS OR MISSTATEMENTS BY 123 REG;
vii. DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED TO EITHER YOU OR YOUR PRIVATE DOMAIN NAME REGISTRATION;
viii. PROCESSING OF UPDATED INFORMATION REGARDING YOUR GODADDY ACCOUNT; AND/OR
ix. ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).
7 . INDEMNITY
You agree to release, defend, indemnify and hold harmless 123 Reg, its 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 attorneys' fees, arising out of or related in any way to this Agreement, the services provided hereunder by 123 Reg, the 123 Reg website, your account with 123 Reg, your use of your domain name registration, and/or disputes arising in connection with the dispute policy.
8 . 123 REG WARRANTY DISCLAIMER
123 REG, 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 SERVICE PROVIDED HEREUNDER, THE 123 REG WEBSITE OR ANY WEBSITES LINKED TO THE 123 REG WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL DBP SERVICES, AS WELL AS THE 123 REG WEBSITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF DBP SERVICES AND ITS WEBSITE 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.
9 .COPYRIGHT AND TRADEMARK
You further understand and agree you are prohibited from using, in any manner whatsoever, any of the afore-described content and materials without the express written permission of 123 Reg. 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.
10 . MISCELLANEOUS PROVISIONS
a. Severability; Construction; Entire Agreement
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 this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between you and 123 Reg regarding the services contemplated herein.
f. Term of Agreement; Survival
The terms of this Agreement shall continue in full force and effect as long as 123 Reg is the Registrant for any domain name on your behalf. Sections 5 (Communications Forwarding), 6 (Limitation of Liability), 7 (Indemnity), 8 (Warranty Disclaimer) and 10 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.
b. Governing Law; Venue; Waiver Of Trial By Jury
This Agreement shall be governed in all respects by the laws and judicial decisions of Maricopa County, Arizona, excluding its conflicts of laws rules. Except as provided immediately below, you agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of Maricopa County, Arizona. For the adjudication of domain name registration disputes, you agree to submit to the exclusive jurisdiction of England and Wales. 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.
All notices from 123 Reg to you will be sent to the email address you provided to 123 Reg. Notices by email shall be deemed effective twenty-four (24) hours after the email is sent by 123 Reg, unless 123 Reg receives notice that the email address is invalid, in which event 123 Reg may give you notice via first class or certified mail, return receipt requested. All notices from you to 123 Reg shall be sent via certified mail, return receipt requested or traceable courier to:
252-254 Blyth Road
5th Floor, The Vinyl Factory
Notices sent via certified mail or traceable courier shall be deemed effective five (5) days after the date of mailing.
In the unlikely event you lose your domain name registration to a third party solely as a result of 123 Reg’s wilful misconduct, Your Registrar (the "Indemnifying Party") will indemnify and hold you harmless against any losses, damages or costs (including reasonable attorneys' fees) resulting from any claim, action, proceeding, suit or demand arising out of or related to the loss of your domain name registration. Such indemnification obligations under this Section 10(e) are conditioned upon the following:
i. That You promptly give both 123 Reg and the Indemnifying Party written notice of the claim, demand, or action and provide reasonable assistance to the Indemnifying Party, at its cost and expense, in connection therewith, and
ii. That the Indemnifying Party has the right, at its option, to control and direct the defence to any settlement of such claim, demand, or action.
Any notice concerning indemnification shall, with respect to 123 Reg, be sent in accordance with Section 10(c) of this Agreement. With respect to Your Registrar, notices regarding indemnification should be sent in accordance with the notification provisions contained in your Registrar's Domain Name Registration Agreement.