Domain Name Privacy Registration Agreement

You agree to be bound by all terms of this agreement, and any agreement related hereto, even if you do not read or understand this or any related agreement in its entirety. No other related agreement or provision binds Domain Privacy Group Inc. (DPG) to perform the terms of that agreement or provision, and DPG obligations are limited strictly to the services described.

This agreement is made in addition to all agreements you have previously or contemporaneously executed in support of registering your secondary top-level domain name.

This agreement between DPG and you ("you", "your" or "customer") sets forth terms and conditions of your use of the domain name privacy registration services offered by DPG

Services - DPG, upon receipt of a prescribed payment from you, will provide the following in respect of each domain name you register through this agreement, into the relevant WHOIS™ registry, namely DPG's

  1. name and postal address as Registrant of the domain name;
  2. e-mail address, postal address and phone number as Technical Contact of the domain name;
  3. e-mail address, postal address and phone number as Administrative Contact of the domain name;
  4. e-mail address, postal address and phone number as Billing Contact of the domain name;
  5. the primary and secondary domain name servers you designate for the domain name;
  6. the original registration and expiration date of the domain name; and
  7. your Registrar identity.


Retention of Rights - you agree to retain all rights and liabilities associated with each of your domain names pursuant to any applicable registration agreement, including

  1. the right to sell, transfer or assign each domain name registration;
  2. the right to control and use each domain name registration, including designating the primary and secondary domain name servers to which each domain name points;
  3. the right to cancel each domain name registration;
  4. the right to cancel this agreement with DPG so that the applicable WHOIS™ database reverts to its default state identifying you as the Registrant;
  5. the right to renew each domain name registration upon its expiration, subject to your Registrar's applicable rules and policies; and
  6. the right and obligation to resolve any and all monetary, creditor or other claims that arise in connection with a dispute involving your domain name registration and use, subject to DPG's ongoing right to deny, suspend or terminate all service under this agreement.


Obligations - you are obligated to do all of the following, the failure to do any of which will result in DPG immediately terminating this agreement without any compensation to you, and restoring the applicable WHOIS™ registry in respect of your domain name back to its default state indicating your name, address, phone numbers and e-mail address as Registrant, Administrative Contact and Billing Contact:
  1. continually and immediately provide a current and valid owner name, physical address (no post office boxes or mail forwarding services), telephone number (no forwarding numbers or answering services), and permanent e-mail address;
  2. continually and immediately provide a current and valid credit card number to pay for all services rendered including forwarding of any mail, notice, or other communications to you


Restrictions - DPG's services under this agreement are not of a mail-forwarding service, and are strictly limited to a privacy provider for limiting or deflecting unsolicited third party communication including unsolicited e-mail (SPAM). DPG strictly reserves the right to not forward any advertisement-based mail or e-mail, general mail or e-mail, voicemail, facsimile, or any other communication, or mail that is dangerous or illegal. Mail will be forwarded only where it has been delivered by traceable courier requiring a return signature, with you bearing the entire pre-paid cost of the forwarding by traceable courier requiring a return signature. E-mail addressed for you but not addressed to your designated DPG e-mail address will not be forwarded. DPG assumes no liability for the failure to not forward mail or other communications to you. DPG's services are strictly limited to facilitating lawful privacy activity on the WHOIS™ registry.
Right to deny, suspend or terminate service - DPG retains the absolute right and power, in its sole discretion and without any liability to you, to do any of the following, where provision of services under this agreement results in an administrative burden to DPG, this agreement is terminated, or you otherwise fail to pay any prescribed fees or do anything required under the terms of this agreement:
  1. reset any applicable WHOIS™ registry under this agreement to its default state, identifying you as the Registrant, Administrative Contact and Billing Contact, along with all other information as required by the applicable WHOIS™ registry; and
  2. where required by law and for the purpose of investigating any alleged criminal wrongdoing by a sovereign authority, identify you as the Registrant, Administrative Contact and Billing Contact of any applicable domain name, and provide to said authority any files or records then in the possession of DPG.


Challenge of Rights - if any third party challenges your legal right to post any content or use any allegedly infringing trade-mark or copyright material, or any domain name, and notifies DPG of same, DPG will forward such notice to you obligating you to directly contact the third party within a prescribed time, to resolve said challenge. Your failure to contact that third party within the prescribed time is a breach of this agreement, and DPG may thereafter reset any applicable WHOIS™ registry under this agreement to its default state, identifying you as the Registrant, Administrative Contact and Billing Contact, along with all other information as required by the applicable WHOIS™ registry.

Liability - at all times this agreement is in force and subsequent thereto, you assume and are responsible for all liability connected to your domain name including any content displayed thereon or files connected therewith. The denial of or refusal to assume full liability by you results in the immediate termination of this agreement without any compensation to you. DPG's total liability to you for any damage under this agreement is $0.

Conflict - in the event that a provision of any agreement connected hereto conflicts with any provision herein, this agreement will prevail to the extent of that conflict. If the conflict cannot otherwise be reconciled in spite of this overriding provision, both agreements will be interpreted to the benefit and favour of DPG over you.

Execution - you agree that regardless of the laws or regulations of your jurisdiction, you are accepting the terms of this agreement by electronic acknowledgement and as such, you agree to be bound by the terms of this agreement as if you signed a paper-based or otherwise physical original agreement. The absence of your original signature in this agreement does not by itself invalidate any provision or all of this agreement.

Termination - where this agreement is terminated for any reason, DPG will immediately reset any applicable WHOIS™ registry under this agreement to its default state, thereby identifying you as the Registrant, Administrative Contact and Billing Contact, along with all other information as required by the applicable WHOIS™ registry. If DPG is served with a Court Order enjoining it from providing services to you, this agreement will automatically terminate forthwith, and the relevant WHOIS™ registry will revert to its default state to identify you as the Registrant, Administrative Contact and Billing Contact.

Amendments - you agree that DPG may amend this agreement from time-to-time, and you agree to be bound by such amendment(s) until the expiration of this agreement. DPG agrees to publish any agreement amendment(s) at its web site www.domainprivacygroup.com. It is solely your responsibility to regularly visit www.domainprivacygroup.com to determine if any amendment(s) have been made to this agreement. Any amendment(s) made will take effect immediately as of the date of its (their) posting, and not as of the date you become aware of such amendment(s). If you do not agree to be bound by any such amendment(s), DPG reserves the right to cancel any or all services herein, without any compensation to you.

Caveat - services rendered are non-refundable.

Disclaimer - DPG is not liable for any inadvertent disclosure or theft of your personal information; failure to renew this agreement; unauthorized usage of your account under this agreement; deletion of, failure to store, failure to process or act upon e-mail messages sent to or forwarded either to you or your assigned DPG e-mail address; or any other act or omission caused by you or your agents (authorized by you or not).

Survival - all disclaimers of DPG's liability under this agreement survive termination indefinitely.

Choice of law - by accepting this agreement you irrevocably attorn to the jurisdiction of Ontario, Canada. You agree that any and all disputes arising from this agreement will be disposed of by a court of competent jurisdiction in Ontario only, applying the laws of Ontario only. You further agree that by accepting this agreement you will not challenge the choice of law or jurisdiction provisions herein, and will be bound by any judgment rendered by such a competent court in spite of its extra-territorial application. You will explicitly honour any judgment or Order rendered against you as if that judgment or Order were rendered from a court of your local jurisdiction.

Indemnity - you agree to fully indemnify and hold harmless DPG and all of its affiliates, agents, employees, directors, officers, partners, associates, customers, licensees, distributors and retailers, from and against any and all claims, demands, liabilities, losses, damages and costs arising from your domain name or any dispute connected therewith.

 

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