Terms and conditions
By using the Whois Proxy Service ("SERVICE") offered by WhoisPrivacy.One Limited ("SERVICE PROVIDER"), the registrant agrees to the following terms and conditions:
- The SERVICE is offered as a supplemental service for individual registrations of domain names and is available for new and existing non-commercial domain names registered with a registrar cooperating with the SERVICE PROVIDER. The registrant may designate any domain name (if allowed by registry policy) he controls or acquires to be registered in the name of the SERVICE PROVIDER, provided the domain name is not used commercially. The registrant may elect to disable the SERVICE at any time to replace the whois data with his own personal data.
- The registrant shall retain full control and ownership over and remain the legally responsible registrant of the domain name. The registrant maintains full liability for the registration and use of the domain name and agrees to release, defend, indemnify and hold harmless the SERVICE PROVIDER, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, the registrant's registration service provider as well as 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 the domain registration itself, the SERVICE provided and/or the registrant's use of his domain name registration.
- The registrant agrees to provide and maintain true, accurate and up-to-date registration information for the domain name registrant, administrative, technical and billing contacts, as provided for in the general registration agreement with his registration service provider and/or registrar, including his name, postal address, email address, phone and fax numbers. The registrant warrants the accuracy of this information. The registrant further agrees that all actual registration information will be maintained in a database by the SERVICE PROVIDER and/or registrar and escrowed with a third party provider. The SERVICE PROVIDER shall keep this information confidential, subject to section 5 of this agreement. In case of the use of inaccurate, fake or outdated information, the SERVICE PROVIDER is entitled to take all necessary actions to avoid legal or financial liability in the registrant's stead, including, but not limited to the deletion of the domain name or the deactivation of the SERVICE.
- In place of the registrant, administrative, technical and billing contact information, the following data shall be displayed in the whois information for these contacts of each domain name included in the SERVICE, unless the registration requires different data to be used to ensure management of a domain name by the registration service provider and/or registrar:
- Name and postal address of the SERVICE PROVIDER;
- Phone and fax number of the SERVICE PROVIDER;
- Email address of the SERVICE PROVIDER;
- Additional status notice of the SERVICE PROVIDER.
- The registrant agrees that the SERVICE PROVIDER may at any time and at its sole discretion suspend and disable the SERVICE without liability to the registrant and to reveal registrant and contact whois information for any reason. Such reasons include but are not limited to:
- failure to provide payment for the SERVICE;
- breach of any provision of this policy or the registration agreement with the registration service provider and/or registrar;
- requirement by law;
- compliance with a registry request, a court order or a law enforcement agency request;
- receipt of a legal complaint regarding the use or registration of a domain name;
- receipt of a formal request from an UDRP service provider;
- receipt of a formal request from an alternative dispute service provider;
- for the resolution of any and all third party claims;
- for the avoidance of financial loss or legal liability of SERVICE PROVIDER, its parent companies, subsidiaries, affiliates, shareholders, agents, officers employees and directors;
- good faith belief or third party complaint of illegal or morally objectionable use of the domain name, especially use to send SPAM, viruses, worms or other harmful computer programs;
- good faith belief or allegation of use of the SERVICE to conceal involvement with illegal, illicit, objectionable or harmful activities;
- good faith belief or allegation that the registration violates or infringes upon the legal rights of a third party, or any third party trademark or trade name;
- good faith belief that disclosure is necessary to further determination of an alleged breach of a law; use of the domain name for commercial purposes;
- deletion of a domain name.
- The SERVICE PROVIDER shall not be held liable for delays of services and interruptions due to higher force, fault of third parties or due to events not under reasonable control or influence of the SERVICE PROVIDER, despite any agreed upon deadlines and dates. The registrant hereby permits SERVICE PROVIDER to postpone the supply of service by the duration of the respective disruption plus an appropriate starting time. Furthermore SERVICE PROVIDER can limit the SERVICE, if the stability and security of the operation, the maintenance of the net integrity, in particular the avoidance of serious disturbances of the network, the software or stored data requires it. For all services liability of SERVICE PROVIDER will be limited to intention and gross negligence to the amount paid by the registrant for the specific service. In every other case, liability is capped at the amount of damage that is typically foreseeable at the time the policy.
- The fees for the SERVICE are charged through the registration service provider and/or registrar. The current fees are published without engagement on the website of the registration service provider and/or registrar and can be changed at any time. For renewal of the SERVICE the price on the day of the renewal applies. At the end of a term, the SERVICE is automatically renewed for another term unless terminated by the registrant. In cases of termination or suspension of the SERVICE or the deletion or transfer of the domain name, no partial refunds of the service fee for the remaining term is possible. Additional fees may apply in case of fees applicable for changes in the whois information of a domain name.
- The SERVICE PROVIDER retains the right to refuse any transfer request or request for an authorization code for a domain name by the registrant as long as the SERVICE is enabled.
- The SERVICE PROVIDER may exclude certain top level domains from the SERVICE.
- The SERVICE PROVIDER does not offer a mail forwarding service and the registrant therefore agrees not to provide any third party with the data used by the SERVICE PROVIDER for the purpose of having such a third party transmit communications to the registrant through the SERVICE PROVIDER. Communications by third parties to the SERVICE PROVIDER postal address, phone number, fax number and email address will not be forwarded to the registrant, and the registrant agrees that SERVICE PROVIDER may review, return, destroy and/or discard all communications directed at the SERVICE PROVIDER. The SERVICE PROVIDER offers a contact form on his website to contact the registrant. The registrant agrees to waive any and all claims arising from his failure to receive communications directed at the domain name.
- Modifications to the terms and conditions, as well as cancellations will only be accepted in writing, which includes email transmissions. Oral agreements shall not be considered valid.
- The Seychelles will be the exclusive place of jurisdiction, as well as the place of fulfilment. For the contract between SERVICE PROVIDER and its registrants the Seychelles' law is the only effective law.
- If any provision of these terms and conditions shall be or become unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. Any provision determined to be unenforceable or invalid shall be replaced by provisions which are valid and enforceable and closest to the original objectives and intents of the original provisions in an economic and legal sense that would have been agreed upon by the parties, had they known of the invalidity at the time of the agreement to these terms and conditions.
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