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)

DEFINITIONS

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.

YOUR OBLIGATIONS

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:

3.1.1.1. the email address, postal address, phone and fax numbers for the Domain Name's technical contact, administrative contact and billing contact;

3.1.1.2. the primary and secondary Domain Name Servers that You designate for each Domain Name; and

3.1.2. You will:

3.1.2.1. respond within 7 days to any inquiries made by Us to determine the validity of any information provided to Us by You; and

3.1.2.2. 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.