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Terms of Use for Whois Privacy Service

PLEASE READ THIS WHOIS PROOF SERVICE TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY. BY USING THE WHOIS PROOF SERVICE ("WHOIS PROOF"), YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT WHOIS PROOF MAY AMEND THIS AGREEMENT AY ANY TIME BY POSTING THE AMENDED AGREEMENT ON THIS WEBSITE. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE WHOIS PROOF SERVICE 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 WHOIS PROOF SERVICE. CONTINUED USE OF THE WHOIS PROOF SERVICE AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

This Agreement is by and between Whois Proof Service, you, 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 Whois Proof and Your use of the Whois Proof Service. 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 Whois Proof Service, 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 Whois Proof Service. 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).

1. The Whois Proof Service

• The Whois Proof Service's email address, postal address and phone number for the registrant, administrative, technical, and billing contacts;
• The primary and secondary domain name servers;
• The original date of registration and expiration date.

While You will not be listed as the registrant for the domain name, and other than as described in this Agreement, the Whois Proof Service will not act to control the domain. You will retain the right to sell, transfer, or use each domain; You will retain the right to control and set the DNS settings for the domain; You will retain the right to renew each domain name registration upon expiration; and You will remain responsible to resolve any and all monetary or other legal claims that arise in connection with Your domain, subject to the remaining provisions of this Agreement.

2. Provision of Personal Information

You agree that for each domain name protected by the Whois Proof Service, You will provide to Whois Proof and maintain as current and accurate, the following information:

• Your name, address, email address, postal address, phone and fax numbers;
• 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 Whois Proof to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your domain, as more fully set forth in section 6 below.

3. Applicable Fees

All service fees paid for the Whois Proof Service are non-refundable and non-transferable. Each Whois Proof Service purchased for a domain name is valid for the length of service purchased and shall be renewable upon expiry. However, the Whois Proof Service for the domain name will be terminated without refund upon one of the following events:

• The domain name has expired or renewed after it's expiry date;
• The domain name has been transferred to another registrar other than Active-Domain.com;
• The domain name has been sold or transferred to a new domain registrant;
• Your breach of this Terms of Use and our Registration Agreement;
• Cancellation of the Whois Proof Service at your request.

a. Forwarding Fees. In consideration for (i) handling and forwarding certified and traceable courier mail and certain first class correspondence, and (ii) responding to and dealing with complaining third parties, You agree to pay Whois Proof Service at the time such services are provided. Whois Proof Service may change its forwarding fees at any time. Unless otherwise stated, all fees are quoted (and payable by You) in U.S. Dollars. You are responsible for paying all fees and taxes associated with using Whois Proof Service's forwarding services. Payment shall be made by You, providing a valid credit card for charge by Active-Domain, and is non-refundable. If for any reason Active-Domain is unable to charge Your credit card with the full amount of the service provided, or if Active-Domain is charged back for any fee it previously charged to the credit card You provided, You agree that Active-Domain may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to, sale of the domain name registration to a third party, and immediate cancellation of Your account and all services Active-Domain provides to You.

b. Additional Administrative Fees. Whois Proof Service reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. Administrative fees, once charged, will be non-refundable.

IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF WHOIS PROOF SERVICE AND REGISTRATION TERM OF AN ASSOCIATED DOMAIN: You understand that your Whois Proof Service's term begins on the date Your attempt to procure the service is accepted by the us and that it shall run for the unit of time which You order (on yearly basis). You understand that the Whois Proof Service's term may be different than the registration term of the domain name which is associated with this service. If Your domain expires and is deleted before the end of the term of the Whois Proof Service, then this service will end when the associated domain is deleted and You understand that there will be no refund for any resulting unused portion of an Whois Proof Service term. If the Whois Proof Service term ends while the registration term for its associated domain is still ongoing, then this service will no longer be provided, the personal information specified in section 2 shall be listed in the WHOIS output for the formally protected domain, and the communications forwarding services specified in section 6 will no longer be provided.

4. Your Representations & Warranties

5. Suspension or Termination of Service and Disclosure of Your Personal Information

In the event of any of the following:

• If Your domain name is 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 our Spam policy;
• If You breach any provision of our 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 Whois Proof Service is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the Whois Proof Service;
• If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN;
• If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Whois Proof Service, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
• Or if it comes to Whois Proof Service's attention that You are alleged to be using the Whois Proof Service 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 Whois Proof has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the Whois Proof Service, close Your Account, terminate provision of the Whois Proof Service, 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 the Whois Proof Service, or take any other action which Whois Proof deems necessary.

In the event Whois Proof takes any of the actions set forth above or in the event You elect to cancel the Whois Proof Service for any reason, Whois Proof will not refund any fees paid by You for the Whois Proof Service.

You also acknowledge and agree that Whois Proof may, in its sole discretion and without any liability to You whatsoever, cancel the Whois Proof Service during the first thirty (30) days after You procured the Service, and/or suspend Your rights under this Agreement and list Your real Whois information during resolution of a dispute or investigation of allegations.

6. Forwarding Communication

You agree that Whois Proof will review communications sent to the Whois Proof Service mailing address associated with Your domain name. 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, Whois Proof Service will notify you by email to ascertain Your desires with respect to forwarding the communication to You. You specifically acknowledge that Whois Proof may elect to not forward to You (nor to otherwise communicate with You) regarding first class postal mail or email, postal mail or telephone communications which appear to be unsolicited communications which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the Whois Proof as a general mail forwarding service. You authorize Whois Proof 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 Whois Proof, including failures which arise from Whois Proof's mistake in judging whether a communication appears to be an unsolicited communication.

a. Email Forwarding. The Whois directory requires a valid email address for every purchased domain name registration. When You purchase the Whois Proof Service for Your domain, Whois Proof creates an email address for that domain, "yourdomainname@whoisproof.com". Thereafter, when messages are sent to the Whois Proof email address, Whois Proof 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, Whois Proof is not obligated to attempt to contact You through other means.

b. Your Obligation to Respond to communications from Whois Proof. When Whois Proof receives a certified or traceable courier mail or legal notices addressed to Your domain name, we will post an email message to the email address You provided to us pursuant to section 2. The email message will identify the sender of the correspondence and the date received. 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. You will be informed of the charge for the shipping options. You will be required to make payment for the shipping option prior to us forwarding the correspondence to You.

In the event You do not respond to communications from Whois Proof regarding Your domain name registration concerns a legal dispute or otherwise requires immediate forwarding and/or immediate disposition, Whois Proof may immediately reveal the information You provided pursuant to section 2 and/or cancel the Whois Proof Service regarding either the domain name in question or with respect to all of Your Whois Proof Service, depending on the circumstances.  This means the Whois directory will revert to displaying Your name, postal address, email address and phone number.  We take this action because Whois Proof will not become involved in any legal or other matters between You and third parties.

7. Limitation of Liability

You further understand and agree that the Whois Proof 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 Whois Proof; (iv) the failure for whatever reason to renew the Whois Proof Service; (v) the unauthorized use of Your Account or any of the Whois Proof services; (vi) errors, omissions or misstatements by either Whois Proof; (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 domain name; (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).

8. Indemnity

9. Warranty Disclaimer

WHOIS PROOF, 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 WHOIS PROOF 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 WHOIS PROOF SERVICES, AS WELL AS OUR WEB SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF THE WHOIS PROOF SERVICE 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.