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Domain Name Registration Privacy Terms of Service

TERMS OF SERVICE

Please read this Agreement ("Agreement") carefully. By using the Services and/or Website of WhoisProtectService.net ("WhoisProtectService"), You (as defined below) agree to all the terms and conditions set forth both herein and in the WhoisProtectService Antispam policy and Privacy policy, which are incorporated by reference and can be found online at http://www.whoisprotectservice.net/antispam.html and http://www.whoisprotectservice.net/privacy.html
WhoisProtectService may amend this Agreement at any time upon posting the amended terms on its Website, and that any new, different or additional features changing the services provided by WhoisProtectService will automatically be subject to this Agreement. If You do not agree to be bound by, or if You object to, the terms and conditions of this Agreement and any amendments hereto, do not use or access to Services. Continued use of WhoisProtectService's services and its Web site after any such changes to this Agreement have been posted, constitutes Your acceptance of those changes.

This Agreement is by and between WhoisProtectService and You, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of Your first usage of this Website or WhoisProtectService's services. This Agreement sets forth the terms and conditions of Your relationship with WhoisProtectService, Your use of WhoisProtectService's services and represents the entire Agreement between You and WhoisProtectService. By using WhoisProtectService's Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and You further agree to be bound by the terms of this Agreement for transactions entered into by:

You on Your behalf;
Anyone acting as Your agent;
Anyone who uses the customer account You have established with WhoisProtectService, whether or not the transactions were on Your behalf and/or authorized by You.
You agree You will be bound by representations made by third parties You use to get services from WhoisProtectService, and statements of a general nature on WhoisProtectService's website or in WhoisProtectService promotional materials will not bind WhoisProtectService. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for 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 SERVICES

The business of WhoisProtectService is to provide domain name contact information for those parties desiring to maintain their privacy on the Internet to maximize Your right to privacy to the greatest extent possible. When You subscribe to WhoisProtectService's private registration service through an WhoisProtectService-affiliated Registrar, each and any available domain name registration You designate will thereafter be registered in the name of "REDACTED FOR PRIVACY" person, as Registrant. WhoisProtectService shall keep Your name, postal address, email address, phone numbers confidential.
WhoisProtectService.net shall provide You with the Services only in case we are the Registrar of Your domain name (during the period we have the status of Your domain name's Registrar).
The following WhoisProtectService information (and not Your personal information) will be made publicly available in the "Whois" directory as determined by ICANN policy:

Registrant of the domain name - "Redacted for privacy";
Email address for the domain name registration's technical contact - provided by WhoisProtectService;
Postal address and phone number for the domain name registration's technical contact - "Redacted for privacy";
Email address for the domain name registration's administrative contact - provided by WhoisProtectService;
Postal address and phone number for the domain name registration's administrative contact - "Redacted for privacy";
Email address for the domain name registration's billing contact - provided by WhoisProtectService;
Postal address and phone number for the domain name registration's billing contact - "Redacted for privacy".

2. FULL BENEFITS OF DOMAIN REGISTRATION RETAINED BY YOU

You will retain the full benefits of domain name registration with respect to each such domain name registration, including:

The right to sell, transfer or assign each domain name registration;
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;
The right to cancel each domain name registration;
The right to cancel Your account with WhoisProtectService;
The right to renew each domain name registration upon its expiration, subject to Your Registrar's applicable rules and policies; and
The right to initially resolve any and all monetary, creditor or other claims that arise in connection with a legal or other dispute involving Your domain name registration, subject to WhoisProtectService's Section 4 rights, which shall, in all events, supersede any and all of Your rights as set forth in this Section 2.

3. YOUR NOTIFICATION OBLIGATIONS; REPRESENTATION AND WARRANTIES

Personal Information
You agree that for each domain name You will provide accurate and current information as specified by ICANN rules and regulations.
You agree to:

Notify within two (2) business days when any of the personal information You provided upon subscribing to WhoisProtectService's services, changes;
Respond within 24 hours to any inquiries made by WhoisProtectService to determine the validity of personal information provided by You;
Respond to email messages posted to Your WhoisProtectService account within 24 hours regarding correspondence WhoisProtectService has received that is either addressed to or involves Your domain name registration.

It is Your responsibility to keep Your personal contact information current and accurate at all times.

Representations and Warranties
You warrant that all information provided by You to WhoisProtectService is truthful, complete, current and accurate. You also warrant that You are using WhoisProtectService's services in good faith and Your domain name does not infringe upon or conflict with the legal rights of a third party or a third party's trademark or trade name. You also warrant the domain name will not be used in connection with any illegal or morally objectionable activity.

4. WHOISPROTECTSERVICE'S RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL INFORMATION

You understand and agree that WhoisProtectService has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to either:

Reveal Your name and personal information that You provided to WhoisProtectService when:

Required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law;
In order to comply with ICANN rules, policies or procedures;
You elect to disengage from the use of WhoisProtectService;
Upon Your request to disclose Your details (in any part or full scope).

In the event Neither WhoisProtectService nor your Registrar will refund any fees paid by You whatsoever.

5. COMMUNICATIONS FORWARDING

Correspondence Forwarding
You agree WhoisProtectService may forward communications addressed to Your domain name that are received via email. You specifically acknowledge WhoisProtectService will not forward to You postal mail . You agree to waive within 24 hours any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by WhoisProtectService.

Email Forwarding The Whois directory requires an email address for every domain name registration. WhoisProtectService creates a private email address for domains, "@WhoisProtectService.net". Thereafter, when messages are sent to Your private email address, WhoisProtectService shall forward them to Your email provided.

6. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WHOISPROTECTSERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, WHOISPROTECTSERVICE'S SERVICES, USE OR INABILITY TO USE THE WHOISPROTECTSERVICE WEB SITE OR THE MATERIALS AND CONTENT OF THE WEB SITE OR ANY OTHER WEB SITES LINKED TO THE WHOISPROTECTSERVICE WEB SITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO WHOISPROTECTSERVICE 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 WHOISPROTECTSERVICE 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, WHOISPROTECTSERVICE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

YOU FURTHER UNDERSTAND AND AGREE THAT WHOISPROTECTSERVICE DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
ACCESS DELAYS OR INTERRUPTIONS TO OUR WEB SITE OR THE WEB SITES OF OUR AFFILIATED REGISTRARS;
DATA NON-DELIVERY OF MIS-DELIVERY BETWEEN YOU AND WHOISPROTECTSERVICE;
THE UNAUTHORIZED USE OF YOUR WHOISPROTECTSERVICE ACCOUNT OR ANY OF WHOISPROTECTSERVICE'S SERVICES;
ERRORS, OMISSIONS OR MISSTATEMENTS BY WHOISPROTECTSERVICE;
DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED TO EITHER YOU OR YOUR PRIVATE DOMAIN NAME;
PROCESSING OF UPDATED INFORMATION REGARDING YOUR WHOISPROTECTSERVICE ACCOUNT;
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 WhoisProtectService, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the services provided hereunder by WhoisProtectService, the WhoisProtectService web site, Your account with WhoisProtectService, Your use of Your domain name registration, and/or disputes arising in connection with the ICANN dispute policy.

8. WARRANTY DISCLAIMER

WHOISPROTECTSERVICE, 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 WHOISPROTECTSERVICE WEB SITE OR ANY WEB SITES LINKED TO THE WHOISPROTECTSERVICE WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL WHOISPROTECTSERVICE SERVICES, AS WELL AS THE WHOISPROTECTSERVICE WEB SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF WHOISPROTECTSERVICE'S SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

9. COPYRIGHT AND TRADEMARK

You understand and agree that all content and materials contained in this Agreement, the Privacy Policy located at http://www.whoisprotectservice.net/privacy.html and the WhoisProtectService website located at http://www.whoisprotectservice.net, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the Cyprus, as well as any other applicable proprietary rights and laws, and that WhoisProtectService expressly reserves its rights in and to all such content and materials.

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 WhoisProtectService. 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 WhoisProtectService regarding the services contemplated herein.

b. Governing Law; Venue; Waiver Of Trial By Jury
This Agreement shall be governed in all respects by the laws and judicial decisions of the country of Cyprus, excluding its conflicts of laws. 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 the country of Cyprus. For the adjudication of domain name registration disputes, you agree to submit to the exclusive jurisdiction and venue of the International Commercial Arbitration Court of Cyprus. 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.

c. Notices
All notices from WhoisProtectService to You will be sent to the email address You provided to WhoisProtectService. Notices by email shall be deemed effective twenty-four (24) hours after the email is sent by WhoisProtectService. All notices from You to WhoisProtectService shall be sent via certified mail, return receipt requested or traceable courier to:

DANESCO TRADING LIMITED
John Kennedy Iris House,
7th floor, office 740B,
3106 Limassol, Cyprus

d. Term of Agreement; Survival
This Agreement shall continue in full force and effect as long as WhoisProtectService provides the Services for You. 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.