Usage of the Whois Privacy Protection(WPP) service as offered by Whois Privacy Protection Foundation is subject to the following terms and conditions.
Supplemental agreement. This agreement is a supplement to the general terms and conditions of the registrar offering the WPP service. Those general terms and conditions remain in full force.
Functionality. By using the WPP service, the contact data in the whois record of a domain name within one of the supported extensions,being name, address, telephone number and e-mail address of owner,administrative, technical and billing contact, will be replaced by the data of the WPP service provider. Any third party wanting to get in touch with the domain holder by telephone or e-mail is redirected to the dedicated website http://privacyprotected.domains/ where he can leave a message. Handling of postal mail is covered in a separate clause in this agreement.
For the avoidance of doubt, the WPP service provider only provides contact substitution in the public whois registers and cannot guarantee that no third party can discover the real identity of the domain name holder, for example by investigating the domain name, website content or nameservers.
Eligible domains. The WPP service is offered as an optional and supplemental service for individual registrations of domain names and is available for new and existing non-commercial domain names registered at one of the registrars selected by the WPP service provider. The registrant may elect to disable the service at any time to replace the whois data with his own personal data.
Ownership and responsibility. The registrant shall retain full control and ownership over and remain the legally responsible owner 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 domain name’s registrar, the WPP service provider, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, 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 privacy services provided and/or the registrants’ use of his domain name registration.
Data quality. The registrant agrees to provide and maintain true, accurate and up-to-date registration information for the domain name owner, admin, billing and technical contacts, as provided for in the general registration agreement with XSbyte, including his name, postal address, e-mail address, telephone 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 XSbyte and may be escrowed with a third party provider. XSbyte shall keep this information confidential. In case of the use of inaccurate, fake or outdated information, XSbyte is entitled to take all necessary actions to avoid legal or financial liability in the registrants stead, including, but not limited to the deletion of the domain name or the deactivation of the service.
Suspension or disabling of the WPP service. The registrant agrees that the WPP 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 agreement or the registration agreement with XSbyte;
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 requestfrom 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 transmit SPAM, viruses, worms orother 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;
the deletion of a domain name.
Effect of suspension of disabling. The suspension or termination of the service will result in the immediate disclosure of the registrant’s information in the whois as well as to third party claimants. The WPP service provider will endeavour to give the registrant a notice of 24 hoursbefore the service is disabled.
Limitation of liability. The WPP service provider shall not be held liable for delays ofservices and interruptions due to higher force, fault of thirdparties or due to events not under reasonable control or influence of the service provider, despite any agreed upon deadlines and dates. The WPP service provider can limit the service, in case of risking 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 the WPP 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 are typically foreseeable at the time the agreement.
The service provider retains the right to refuse any transfer request or request for anauthorization code for a domain name by the registrant as long asthe service is enabled.
E-mail handling. The service is not an e-mail forwarding service: any e-mail sent to the WPP contact will result in an auto-reply with directions how to get in touch with the registrant. The registrant therefore agrees not to provide any third party with the data used by the WPP service provider for the purpose of having such a third party transmit communications to the registrant through the WPP service provider.
Postal mail handling. Communications by third parties to the postal address of the registered name holder (i.e. the WPP service provider) will not be forwarded to the registrant, and registrant agrees that WPP service provider may review, return, destroy and/or discard all communications directed at the domain name registrant. The WPP service provider will include an appropriate disclaimer in the whois data. The registrant agrees to waive any and all claims arising from his failure to receive communications directed at the domain name.
Modifications. Modifications to the terms and conditions or the contract, as well as cancellations will only be accepted in writing, which includes e-mail transmissions.
Applicable law. This agreement is governed by the laws of the Netherlands.
Final provisions. If any provision of the agreement is declared void or invalid, this will not affect the validity of the agreement as a whole. In that case, to replace any provision of these features, the parties stipulate a new provision or provisions that reflect the purpose of the original Agreement and the General Terms and Conditions to the extent that this is legally possible.