| ID Protection Service Agreement |
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PLEASE READ THIS ID PROTECTION SERVICE
AGREEMENT ("AGREEMENT") CAREFULLY. BY USING THE ID PROTECTION
SERVICES ("IDP SERVICES"), YOU AGREE TO ALL THE TERMS AND CONDITIONS
IN THIS AGREEMENT. YOU AGREE THAT THE "SERVICE PROVIDERS" (DEFINED
BELOW) MAY AMEND THIS AGREEMENT BY POSTING THE AMENDED AGREEMENT ON
THE WEBSITE WHERE YOU OBTAINED THE IDP SERVICES. YOU AGREE THAT ANY
NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE IDP SERVICES
WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY
SUBSEQUENT AMENDMENTS HERETO, DO NOT USE, ACCESS, OR CONTINUE TO USE
THE IDP SERVICES. CONTINUED USE OF THE IDP SERVICES AFTER CHANGES TO
THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH
CHANGES. This Agreement is by and between Whois Privacy
Protection, Inc., a Nevada corporation ("Backend Service Provider"),
the party, if any, other than the Backend Service Provider who makes
the IDP Services available to you ("Primary Service Provider;"
Backend Service Provider and Primary Service Provider, if any, being
together referred to herein as the "Service Providers"), your heirs,
executors, administrators, agents, successors and assigns ("You,"
"Your," and other appropriate formatives). This Agreement sets forth
the terms and conditions of Your relationship with the Service
Providers and Your use of the IDP Services. You acknowledge that You
have read, understand and agree to be bound by all the terms and
conditions of this Agreement for transactions entered into by: (i)
You on Your behalf; (ii) anyone acting as Your agent; (iii) anyone
who uses the account You establish to obtain the IDP Services,
whether or not the transactions were on Your behalf and/or
authorized by You. You agree that You will be bound by
representations made by third parties You use to obtain the IDP
Services. 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,"
http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN
may establish with respect to WHOIS information, and the terms and
conditions of Your domain name registration with Your registrar (the
ICANN-accredited person or entity through which You register a
domain name). This Agreement is in addition to domain name
registration agreement(s) entered into by You and a registrar when
you register or renew domain name registration(s).
- THE IDP SERVICES
If you subscribe to the IDP
Services, each domain name registration which you control and
which You designate ("IDP Domains") will thereafter be registered
in the name of the Backend Service Provider, as registrant. Your
name, postal address, email address, phone and fax numbers shall
be kept confidential, subject to Section 5 of this Agreement. The
following information (and not your personal information) will be
made publicly available in the "Whois" directory for each IDP
Domain:
- The Backend Service Provider's email address, postal address
and phone and facsimile number for the registrant,
administrative, technical, and billing contacts ("IDP
Addresses");
- The primary and secondary domain name servers You designate
for the IDP Domain;
- The IDP Domain's original date of registration and
expiration date;
- The identity of Your registrar, domain name service provider
(if different from registrar) and the status of the IDP Domain
with the registrar (such as, "active," "Registrar Lock,"
"clienthold," etc.).
While You will not be
listed as the registrant for the IDP Domains, and other than as
described in this Agreement, the Backend Service Provider will not
act to control the IDP Domain(s). You will retain the right to
sell, transfer, or assign each IDP Domain; You will retain the
right to control and set the DNS settings for the IDP Domain(s);
You will retain the right to renew each IDP Domain name
registration upon expiration (subject to your registrar's
applicable rules and policies); and You will remain responsible to
resolve any and all monetary or other legal claims that arise in
connection with Your IDP Domain(s), subject to the remaining
provisions of this Agreement.
IMPORTANT: THE IDP SERVICES
ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will
not provide any third party with the IDP Addresses for the purpose
of having such third party transmit communications to you through
the Backend Service Provider. Third parties may obtain the IDP
Addresses listed in the Whois directory by their own initiative,
but You agree that You will not be the one to provide the IDP
Addresses to such third parties.
- PROVISION OF PERSONAL INFORMATION
You agree that
for each IDP Domain, You will provide to the Service Providers and
maintain as current and accurate, the following
information:
- Your name, address, email address, postal address, phone and
fax numbers;
- The name, address, email address, postal address, phone and
fax numbers for the IDP Domain's administrative, technical, and
billing contacts;
- The primary and secondary domain name servers for the IDP
Domain;
You agree to: (i) update this
information immediately as it changes over time; (ii) respond
within five (5) business days to any inquiries made by either
Service Provider to determine the validity of personal information
provided by You; (iii) promptly respond to messages regarding
correspondence addressed to or involving Your IDP Domain(s), as
more fully set forth in section 6 below. If You do not supply
primary and secondary domain name servers, You agree that Backend
Service Provider may point Your IDP Domain(s) to an IP address of
Backend Service Provider' choosing until such time as You supply
primary and secondary domain name servers.
- RENEWALS AND FEES
If You have selected automatic
renewal of the IDP Services through the account which you use to
manage Your IDP Services ("Your Account"), You agree i) that the
IDP Services shall be automatically renewed 30 days prior to the
end of Your IDP Services term, ii) that the Service Provider will
attempt to charge the credit card You have on file with the
Service Provider at the then current rates, and iii) You waive any
requirement to obtain you ongoing affirmative consent to any such
automatic renewal. If you do not wish to automatically renew the
IDP Services, You agree that the exclusive method for
communicating this to the Service Provider shall be by logging
into Your Account to ensure that the auto-renewal or renewal
option is not selected. You understand that You must do this at
least 31 days prior to the end of the then current IDP Service
term. It is Your responsibility to keep Your credit card
information current and accurate, including the expiration date.
If Service Provider is unable to collect renewal or other fees,
you agree that a Service Provider may contact You, but is not
obliged to do so, and You agree that Service Provider may suspend
or terminate the IDP Services as a result of inability to obtain
payment.
For domain name registrations which are serviced
by a registrar other than a Service Provider: If available as an
option and if such option selected by You, You agree that either
Service Provider shall be authorized to contact your domain name
registration service provider on Your behalf (and using the credit
card provided by You) to renew the domain name registration of
associated IDP Domains.
If Backend Service Provider elects
to begin charging fee(s) to forward communications to You (see
below), You agree that you may be required to pay such fees before
the communications will be forwarded. Backend Service Provider may
change its service and forwarding fees at any time. Backend
Service Provider may also charge reasonable fees for
administrative tasks outside the scope of regular services. These
may include, but are not limited to, customer service issues that
require personal service and disputes that require legal services.
You are responsible for paying all fees and taxes associated with
using Backend Service Provider's services. Payment shall be made
by credit card unless other options are indicated in Your Account.
You agree that charges may appear on the credit card statement
under a descriptive provider identifier, such as "Domain Name
Registration Services." Fees are non-refundable. If for any reason
there is a charge back for any fee previously charged to the
credit card by Backend Service Provider, You agree that Backend
Service Provider may, without notice, pursue all available
remedies in order to obtain payment. Without limitation on other
remedies which may be available under such circumstances, You
agree that Backend Service Provider may assume complete ownership
of the IDP Domain(s), that the IDP Domain(s) may be sold to third
parties, or that the IDP Domain(s) may be to pointed to IP numbers
of Backend Service Provider's choosing, and that Backend Service
Provider may immediate cancel Your Account and all services
provided to You.
IMPORTANT TERMS REGARDING RELATIONSHIP OF
TERM OF IDP SERVICES AND REGISTRATION TERM OF AN ASSOCIATED IDP
DOMAIN: You understand that your IDP Services term begins on the
date Your attempt to procure the IDP Services is accepted by the
Service Provider(s) and that it shall run for the unit of time
which You order (typically, this would be one year). You
understand that the IDP Services term may be different than the
registration term of the IDP Domain which is associated with the
IDP Services. If an IDP Domain expires and is deleted before the
end of the term of the associated IDP Services, then the IDP
Services associated with the domain will end when the IDP Domain
is deleted and You understand that there will be no refund for any
resulting unused portion of an IDP Services term. If the IDP
Services term ends while the registration term for an IDP Domain
is still ongoing, then the IDP Services will no longer be
provided, the personal information specified in section 2 shall be
listed in the WHOIS output for the (then former) IDP Domain, and
the communications forwarding services specified in section 6 will
no longer be provided.
- YOUR REPRESENTATIONS & WARRANTIES
You
represent and warrant that all information provided by You
pursuant to this Agreement is truthful, complete, current and
accurate and You represent and warrant that you will maintain all
information in this status throughout the term of this Agreement.
You also represent and warrant that You are using the IDP Services
in good faith and that You have no knowledge or reason to believe
that Your IDP Domain or the content found at any associated IP
address infringes upon or conflicts with the legal rights of any
third party or any third party's trademark or trade name. You also
warrant that neither the IDP Services nor IDP Domain(s) will not
be used in connection with any illegal or morally objectionable
activity (as defined below in section 5), or, in connection with
the transmission of unsolicited commercial email ("Spam").
- SERVICE PROVIDER'S SUSPENSION OR TERMINATION OF SERVICE AND
DISCLOSURE OF YOUR PERSONAL INFORMATION
In the event of
any of the following:
- If the IDP Domain(s) is (are) alleged to violate or infringe
a third party's trademark, trade name, copyright interests or
other legal rights of third parties;
- If you breach any provision of this Agreement or an
anti-Spam policy of either Service Provider;
- If You breach any provision of Your registrar's Registration
Agreement;
- If necessary to protect the integrity and stability of the
applicable domain name registry;
- If necessary to comply with any applicable laws, government
rules or requirements, subpoenas, court orders or requests of
law enforcement;
- If Backend Service provider is named as a defendant in, or
investigated in anticipation of, any legal or administrative
proceeding arising out of Your use of the IDP Services or an IDP
Domain;
- If necessary to comply with ICANN's Dispute Resolution
Policy or other policies promulgated by ICANN (including
policies which may preclude use a service such as ID Protect);
- If necessary to avoid any financial loss or legal liability
(civil or criminal) on the part of Backend Service Provider, its
parent companies, subsidiaries, affiliates, shareholders,
agents, officers, directors and employees;
- OR if it comes to Backend Service Provider's attention that
You are alleged to be using the IDP Services for purposes of
engaging in, participating in, sponsoring or hiding Your
involvement in illegal or morally objectionable activities,
including but not limited to, activities which are designed,
intended to or otherwise: (i) appeal primarily to prurient
interests; (ii) defame, embarrass, harm, abuse, threaten, or
harass; (iii) violate state or federal laws of the United States
and/or foreign territories; (iv) involve hate crimes, terrorism
or child pornography; (v) are tortious, vulgar, obscene,
invasive of a third party's privacy, race, ethnicity, or are
otherwise objectionable; (vi) impersonate the identity of a
third party; (vii) harm minors in any way; or (viii) relate to
or transmit viruses, Trojan Horses, access codes, backdoors,
worms, timebombs or any other code, routine, mechanism, device
or item that corrupts, damages, impairs, interferes with,
intercepts or misappropriates any software, hardware, firmware,
network, system, data or personally identifiable information,
THEN
You understand and agree that Backend
Service Provider has the absolute right and power, in its sole
discretion and without any liability to You whatsoever, to suspend
the IDP Services, close Your Account, terminate provisionment of
the IDP Services, list the information You provided in section 2
in the Whois output or provide the information You provided in
section 2 to a claimant, resolve any and all third party claims,
whether threatened or made, arising out of Your use of IDP Domain,
or take any other action which Backend Service Provider deems
necessary.
In the event Backend Service Provider takes any
of the actions set forth above or in the event You elect to cancel
the IDP Services for any reason, neither Service Provider will
refund any fees paid by You for the IDP Services.
You also
acknowledge and agree that Backend Service Provider may, in its
sole discretion and without any liability to You whatsoever,
cancel the IDP Services during the first thirty (30) days after
You procured the IDP Services, and/or suspend Your rights under
this Agreement and list the IDP Addresses during resolution of a
dispute or investigation of allegations.
- FORWARDING COMMUNICATIONS
You agree that Backend
Service Provider will review communications sent to the IDP
Addresses associated with Your IDP Domain. For communications
received via certified or traceable courier mail (such as UPS,
FedEx, or DHL), or first class U.S. postal mail which does not
appear to be unsolicited commercial mail, Backend Service Provider
may either i) forward such communication to You or ii) may attempt
to communicate to you a scanned copy of a page of the
communication to ascertain Your desires with respect to forwarding
the communication to You. You specifically acknowledge that
Backend Service Provider may elect to not forward to You (nor to
otherwise communicate with You) regarding first class postal mail
or email, fax, postal mail or telephone communications which
appear to be unsolicited communications which offer or advertize
the sale of goods or services or which solicit charitable
contributions, or communications which appear to arise from Your
having used the IDP Services as a general mail forwarding service
(see section 1, above). You authorize Backend Service Provider 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 Backend
Service Provider, including failures which arise from Backend
Service Provider's mistake in judging whether a communication
appears to be an unsolicited communication.
Email.
The Whois directory generally requires an email address for every
purchased domain name registration. When You purchase IDP
Services, Backend Service Provider creates an email address for
that domain, "yourdomainname@whoisprivacyprotect.com". Thereafter,
when messages are sent to the email address listed in the IDP
Address, Backend Service Provider forwards such messages to the
email address You listed in section 2. If such email address
becomes non-functioning or if email to such address bounces,
Backend Service Provider is not obligated to attempt to contact
You through other means. You agree that Backend Service Provider
may elect, in Backend Service Provider's sole discretion, to allow
You to access Your Account and view email sent to the IDP
Addresses, though such alternative means of servicing Your Account
is an option and not a requirement.
Your Obligation to
Respond to communications from the Backend Service Provider: When
Backend Service Provider receives a communication which may
warrant forwarding to You, per the terms of this Agreement,
Backend Service Provider will send an email to the email address
You provided to Backend Service Provider pursuant to section 2.
The email message will identify the sender of the correspondence
and the date received. As an alternative, You agree that Backend
Service Provider may allow you to access Your Account to view full
or partial scanned copies of (non-email) communications sent to
the IDP Addresses and that You may be required to interact with
Your Account to have the physical originals of such communications
forwarded to You and that if You do not interact with Your Account
in the ways indicated upon accessing Your Account, that the
communications may not be forwarded to You. In either event, You
will have seventy-two (72) hours to decide whether to have the
communication(s) forwarded. If you do not respond within this time
period, the communication(s) will not be forwarded. Method of
forward will be determined by Backend Service Provider.
Communication(s) may not be immediately forwarded upon Your
election; there may be a delay and communication(s) may be
aggregated to be forwarded together. The Backend Service Provider
may begin charging fees for forwarding communications or may
change the method by which communications are forwarded without
written notice.
In the event You do not respond to
communications from the Backend Service Provider regarding
communications received at the IDP Address, Backend Service
Provider may immediately reveal the information You provided
pursuant to section 2 and/or cancel the IDP Services regarding
either the IDP Domain in question or with respect to all of Your
IDP Domains, depending on the circumstances. This means the Whois
directory will revert to displaying Your name, postal address,
email address and phone number. This action would be taken because
Backend Service Provider will not become involved in any legal or
other matters between You and third parties.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES
SHALL EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS
AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE IDP SERVICES, USE OR
INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S) WEB
SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY
OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF
ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE
PROVIDER 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
EITHER THE PRIMARY OR BACKEND SERVICE PROVIDERS HAVE 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, THE PRIMARY AND BACKEND SERVICE PROVIDERS'
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF
LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL
BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST
EXTENT PERMITTED BY LAW.
You further understand and agree
that the Primary and Backend Service Providers disclaim any loss
or liability resulting from: (i) the inadvertent disclosure or
theft of Your personal information; (ii) access delays or
interruptions to our web site or the web sites of affiliated
parties; (iii) data non-delivery or misdelivery between You and
the Service Providers; (iv) the failure for whatever reason to
renew the IDP Services; (v) the unauthorized use of Your Account
or any of the Service Provider's services; (vi) errors, omissions
or misstatements by either Service Provider; (vii) deletion of,
failure to store, failure to process or act upon email messages
sent to or forwarded to either You or the email address listed for
Your IDP Domain; (viii) processing of updated information
regarding Your Account; (ix) any act or omission caused by You or
Your agents (whether authorized by You or not).
YOU AGREE
THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS'
RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER
OF THE AMOUNT OF FEES PAID BY YOU TO EACH SERVICE PROVIDER IN THE
PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE
LIABILITY OR $100.00 PER IDP DOMAIN.
- INDEMNITY
You agree to release, defend,
indemnify and hold harmless the Primary and Backend Service
Providers, and their 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
attorney's fees, arising out of or related in any way to this
Agreement, the IDP Services, the web sites of the Service
Providers, Your Account, and/or Your use of Your IDP Domain.
- BACKEND SERVICE PROVIDER WARRANTY DISCLAIMER
THE
BACKEND SERVICE PROVIDER, 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 SERVICES PROVIDED
HEREUNDER, THE WEB SITES OF THE BACKEND SERVICE PROVIDER OR ANY
WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. ALL BACKEND SERVICE PROVIDER SERVICES, AS WELL
AS THE BACKEND SERVICE PROVIDER WEB SITE, ARE PROVIDED "AS IS".
YOUR SUBSCRIPTION TO AND USE OF BACKEND SERVICE PROVIDER'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. IF
ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE
UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE
REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY
LAW.
- COPYRIGHT & TRADEMARK
You understand and
agree that all content and materials contained in this Agreement,
the Privacy Policy and the Backend Service Provider web site, are
protected by the various copyright, patent, trademark, service
mark and trade secret laws of the United States, as well as any
other applicable proprietary rights and laws, and that Backend
Service Provider reserves its rights in and to all such content
and materials. You further understand and agree that You are
prohibited from using any of the afore-described content and
materials without the written permission of Backend Service
Provider. 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.
- MISCELLANEOUS PROVISIONS
- Severability; Construction; Entire
Agreement.
You agree that 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 that this Agreement, including the
policies it incorporates by reference, constitute the complete
and only Agreement between You and Backend Service Provider
regarding the services contemplated herein.
- Governing Law; Venue; Waiver Of Trial By
Jury.
This Agreement shall be governed in all
respects by the laws and judicial decisions of King County,
Washington, excluding its conflicts of laws rules. You agree
that any action relating to or arising out of this Agreement,
shall be brought exclusively in the courts of King County,
Washington. For the adjudication of domain name registration
disputes and disputes under this Agreement, you agree to submit
to the exclusive subject matter and personal jurisdiction of the
state and Federal courts located in King County, Washington, you
agree that venue shall be proper in such jurisdiction, and you
agree to waive any objection you may have to jurisdiction and
venue in such forum. 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 and You agree that
service upon You may be accomplished by depositing the summons
and complaint in the United States mail, first-class mail,
postage pre-paid, addressed to the address provided by you in
section 2, which service shall be deemed to be effective five
days after deposit.
- Term of Agreement; Survival.
The term of this
Agreement begins on the date Your attempt to procure the IDP
Services is accepted by the Service Provider(s). The term shall
run for the unit of time which You ordered when You procured the
IDP Services, unless terminated or suspended sooner according to
the terms of this Agreement. Sections 6 (Forwarding
Communications), 7 (Limitation of Liability), 8 (Indemnity), 9
(Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall
survive any termination or expiration of this
Agreement.
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