This Agreement is by and between DPP and you, your heirs, assigns, agents and contractors (“You”) and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your relationship with DPP and Your use of DPP’s services and represents the entire Agreement between You and DPP. By using DPP’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; and
- Anyone who uses the account You have established with DPP, 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 acting on Your behalf, which either use or purchase services from DPP. You further agree that DPP will not be bound by statements of a general nature on DPP’s website or DPP promotional materials. 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 DPP’s domain privacy protection services
When You subscribe to DPP’s domain privacy protection service, You will thereafter register your domain(s) in the name of DPP, as Registrant. In exchange for DPP becoming the Registrant of each domain name registration on Your behalf, DPP shall keep Your name, postal address, email address, phone and fax numbers confidential, subject to Section 4 of this Agreement. When DPP becomes the Registrant of Your domain name registration, the following information (and not Your personal information) will be made publicly available in the “Whois” directory as determined by ICANN policy:
- DPP’s name as the Registrant of the domain name and a proxy email address, phone number and postal address for the Registrant’s contact information;
- A proxy postal address and phone number for the domain name registration’s technical contact;
- A proxy email address, postal address and phone number for the domain name registration’s administrative contact;
- A proxy email address, postal address and phone number for the domain’s name registration’s billing contact;
- The primary and secondary domain name servers You designate for the domain name;
- The domain name’s original date of registration and expiration date of the registration; and
- The identity of the Registrar.
2. Full benefits of domain registration retained by you
Although DPP 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:
- The right to sell, transfer or assign each domain name registration, which shall require cancellation of the DPP services associated with each such 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 the DPP services associated with each domain name registration and/or Your privacy services with DPP so that Your contract information is listed in the “Whois” directory; and
- 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 DPP becomes the Registrant on Your behalf, You will provide accurate and current information as to:
- Your name, the email address, postal address, phone and fax numbers for the domain name registration’s Registrant contact;
- The email address, postal address, phone and fax numbers for the domain name registration’s technical contact;
- The email address, postal address, phone and fax numbers for the domain name registration’s administrative contact;
- The email address, postal address, phone and fax numbers for the domain name registration’s billing contact; and
- 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:
- Notify DPP within three (3) calendar days when any of the personal information You provided upon subscribing to DPP’s services, changes;
- Respond within three (3) calendar days to any inquiries made by DPP to determine the validity of personal information provided by You; and
- Timely respond to email messages DPP sends to You regarding correspondence DPP 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.
It is Your responsibility to keep Your personal information current and accurate at all times.
You agree DPP, as Registrant, will charge the credit card You have on file with us, at our current rates.
Renewal fees, once charged, will be non-refundable. You may also elect to disengage the automatic renewal feature for DPP’s Domain Privacy Protection services, by logging into Your DPP customer account and disabling the privacy service. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date.
If for any reason DPP 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 DPP and/or the Registrar is charged back for any fee it previously charged to the credit card You provided, You agree that DPP 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 DPP provides to You.
Representations and Warranties
You warrant that all information provided by You to DPP is truthful, complete, current and accurate. You also warrant that You are using DPP’s domain privacy protection 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 DPP on Your behalf will not be used in connection with any illegal or morally objectionable activity (as defined below in Section 4), 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 DPP immediately of any unauthorized use of Your account or any other breach of security. You agree DPP 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 DPP 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. DPP specifically disclaims liability for any activity in Your account, regardless of whether You authorized the activity.
4. DPP’s rights to deny, suspend, terminate service and to disclose your personal information
You understand and agree that DPP has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to:
- Cancel the privacy service (which means that you agree to immediately remove any DPP’s information from you registrar account):
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 a legal process served upon DPP or in response to a reasonable threat of litigation against DPP (as determined by DPP in its sole and absolute discretion); or
C. To comply with ICANN rules, policies, or procedures.
- Resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name for which DPP is the registrant listed in the “Whois” directory on Your behalf; or
- Take any other action DPP deems necessary:
A. In the event you breach any provision of this Agreement or the DPP Anti-Spam 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;
E. To avoid any financial loss or legal liability (civil or criminal) on the part of DPP, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
F. If the domain name for which DPP 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 DPP’s attention that You are using DPP’s 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:
1. Appeal purely to the prurient interests of third parties;
2. Defame, embarrass, harm, abuse, threaten, or harass third parties;
3. Violate state, federal or international law;
4. Involve hate crimes, terrorism and child pornography;
5. Are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable;
6. Impersonate the identity of a third party;
7. Harm minors in any way; or
8. 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.
You further understand and agree that if DPP 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 DPP’s services, Your domain privacy protection service may be canceled, which means the domain name registration will revert back to You wiill remove any DPP’s information from you registrar account.
In the event:
- DPP takes any of the actions set forth in subsection i, ii, or iii above or section 5; and/or
- You elect to cancel DPP’s services for any reason —
Neither DPP nor your Registrar will refund any fees paid by You whatsoever.
5. communications forwarding
a. Correspondence Forwarding
Inasmuch as DPP’s name, postal address and phone number will be listed in the Whois directory, You agree DPP 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 DPP 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 authorize DPP 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 DPP.
b. Email Forwarding
The Whois directory requires an email address for every purchased domain name registration. When You purchase a private domain registration, DPP creates a private email address for that domain name, “@domainsbyproxy.com”. Thereafter, when messages are sent to that private email address, DPP handles them according to the email preference You selected for that particular domain name. You have three (2) email preferences from which to choose. You can elect to:
- Have all of the messages forwarded;
- 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 DPP.
c. Notifications Regarding Correspondence and Your Obligation to Respond
When DPP receives certified or traceable courier mail or legal notices addressed to Your domain name, in most cases, DPP will attempt to forward the mail to you via email. If You do not respond to the DPP email and/or the correspondence DPP has received regarding Your domain name registration concerns a dispute of any kind or otherwise requires immediate disposition, DPP may immediately reveal Your identity and/or cancel the DPP domain privacy protection 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 DPP.
d. Additional Administrative Fees
DPP reserves the right to charge You reasonable “administrative fees” or “processing fees” for (i) tasks DPP may perform outside the normal scope of its Services, (ii) additional time and/or costs DPP may incur in providing its Services, and/or (iii) Your non-compliance with the Agreement (as determined by DPP 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 DPP staff or by outside firms retained by DPP; (iii) recouping any and all costs and fees, including the cost of Services, incurred by DPP 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 DPP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, DPP’S SERVICES, USE OR INABILITY TO USE THE DPP WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE DPP WEBSITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO DPP 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 DPP 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, DPP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
YOU FURTHER UNDERSTAND AND AGREE THAT DPP DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
- THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
- ACCESS DELAYS OR INTERRUPTIONS TO OUR WEBSITE OR THE WEBSITES OF OUR AFFILIATED REGISTRARS;
- DATA NON-DELIVERY OF MIS-DELIVERY BETWEEN YOU AND DPP;
- THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION;
- THE UNAUTHORIZED USE OF YOUR DPP ACCOUNT OR ANY OF DPP’S SERVICES;
- ERRORS, OMISSIONS OR MISSTATEMENTS BY DPP;
- DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED TO EITHER YOU OR YOUR PRIVATE DOMAIN NAME REGISTRATION;
- PROCESSING OF UPDATED INFORMATION REGARDING YOUR DPP ACCOUNT; AND/OR
- ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).
You agree to release, defend, indemnify and hold harmless DPP, 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 DPP, the DPP website, Your account with DPP, Your use of Your domain name registration, and/or disputes arising in connection with the dispute policy.
8. DPP warranty disclaimer
DPP, 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 DPP WEBSITE OR ANY WEBSITES LINKED TO THE DPP WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL DPP SERVICES, AS WELL AS THE DPP WEBSITE, ARE PROVIDED “AS IS”. YOUR SUBSCRIPTION TO AND USE OF DPP’S 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 DPP. 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 DPP 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 Flagler County, Florida, 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 Flagler County, Florida. For the adjudication of domain name registration disputes, you agree to submit to the exclusive jurisdiction and venue of the Circuit Court located in Flagler County, Florida. 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 DPP to You will be sent to the email address You provided to DPP. Notices by email shall be deemed effective twenty-four (24) hours after the email is sent by DPP, unless DPP receives notice that the email address is invalid, in which event DPP may give You notice via first class or certified mail, return receipt requested. All notices from You to DPP shall be sent via certified mail, return receipt requested or traceable courier to:
Domains Privacy Pro, Inc
16B Pine Hill LN
Palm Coast, FL 32164
Notices sent via certified mail or traceable courier shall be deemed effective five (5) days after the date of mailing.
e. Term of Agreement; Survival
The terms of this Agreement shall continue in full force and effect as long as DPP 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.