By using the WHOIS Privacy Services ("WHOIS Privacy Services") provided by Digital Privacy Corporation ("DPC"), a Delaware Corporation, You and your heirs, agents, successors and assigns (collectively, "You") agree to the following terms and conditions.
1. Description of WHOIS Privacy Services
When ordering the WHOIS Privacy Services, You are designating us to register or modify the domain name(s) you specify so that DPC is listed as the registrant of your domain name(s). DPC shall replace Your name, address, phone number, and fax number with its own. When the Services are active, the following identifying information will be made public according to ICANN policy as well as various ccTLD registry policies:
i. DPC's information will be listed as the Registrant;
ii. DPC's information will be listed for the administrative contact;
iii. DPC's information will be listed for the technical contact;
iv. The email address for each contact will be randomly generated by DPC;
v. The name servers you specify will be listed.
2. Your rights to the domain name(s)
Although DPC will be listed as the Registrant, You retain full control and rights and remain the legally responsible owner of the domain name(s) including the right to sell, transfer, renew, cancel or assign the domain name(s); the right to control the domain name(s) name servers; and the right to cancel the WHOIS Privacy Services associated with the domain name(s).
3. Your Obligations
You represent to DPC that:
Regarding communications involving the WHOIS Privacy Services, You agree to:
4. Communication Obligations
As part of the WHOIS Privacy Services, DPC provides email forwarding at no additional charge. DPC employs spam-filtering to limit the amount of email forwarded to You. In addition to email forwarding, You agree to allow DPC to review and forward any other communication received on Your behalf, whether by email, fax, U.S. postal mail, certified mail, or courier mail. DPC will review such communication and will discard junk mail and unsolicited mail at its sole discretion.
You agree to waive any and all claims arising from Your failure to receive any type of communication directed to You but not forwarded by DPC. Please do not rely on DPC's contact information as a normal business or personal communication method.
When DPC receives legitimate mail or legal notices on Your behalf, DPC will attempt to forward You such mail via email. If you do not respond in a timely manner to any kind of matter which requires immediate attention including disputes, requests from law enforcement, or similar immediate concerns, DPC may suspend the Services at its sole discretion and reveal Your personal information.
5. Suspension, Termination, and Disclosure of Your Personal Information
You may cancel or suspend the Services at any time by logging into your account and disabling the WHOIS Privacy Service or submitting a request to support. If You disable the WHOIS Privacy Service, then reactive it during the original term of the WHOIS Privacy Service, there will be no additional charge.
DPC reserves the right to suspend, disable, or otherwise terminate the WHOIS Privacy Services or take any other measure deemed to be appropriate, at any time and without prior notice, to enforce this Agreement or to ensure the integrity and performance of the WHOIS Privacy Services.
Specifically, but not limited to, DPC will suspense or terminate the Services and reveal Your information in order to:
You acknowledge that You will, in no case whatsoever, be entitled to a refund for the WHOIS Privacy Services, or any portion of the WHOIS Privacy Services, for cancellation, suspension or termination of the WHOIS Privacy Services whether at Your request or at our discretion.
You agree to release, defend, indemnify and hold harmless DPC, 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 Your use of the WHOIS Privacy Services provided hereunder or Your use of the underlying domain name(s).
7. Warranty Disclaimer
DPC, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE WHOIS PRIVACY SERVICES PROVIDED HEREUNDER, THE DPC WEBSITE OR ANY WEB SITES LINKED TO THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL WHOIS PRIVACY SERVICES, AS WELL AS THE WEBSITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO, AND USE OF THE WHOIS PRIVACY 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.
8. Limitations of Liability
YOU AGREE THAT DPC WILL NOT BE LIABLE FOR ANY (1) USE OF THE WHOIS PRIVACY SERVICES, (2) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL, (3) THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION, (4) DELETION OR FAILURE TO STORE, PROCESS, OR FORWARD EMAIL MESSAGES OR OTHER COMMUNICATION RECEIVED ON YOUR BEHALF, (5) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT. YOU ALSO AGREE THAT DPC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE WHOIS PRIVACY SERVICES PAID FOR UNDER THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
DPC reserves the right, in its sole and absolute discretion, to change or modify this Agreement at any time with 30 days written notice. If you do not agree to be bound by this Agreement as last revised as indicated by the "Last Revised" date located at the bottom of this Agreement, do not use or continue to use the WHOIS Privacy Services. DPC may notify you of changes or modifications to this Agreement or the WHOIS Privacy Services by email so it is very important that you keep your account information current and up to date. DPC is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.
10. Governing Law
This Agreement and its subject matter shall be governed in accordance with the laws of the state of Delaware without regard to conflict of laws and principles contained therein. All controversies arising hereunder shall be brought in the courts located in Delaware.
Last Updated 16 Jun 2016 00:00 UTC
Revisions: minor capitalization and reference updates