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This Private Domain Registration Services Addendum (the "Addendum") between you ("you", "your" or "Customer") and Register.com ("Register.com"), and sets forth the terms and conditions of your use of Register.com's private domain registration services (the "Private Registration Service"). You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Addendum, as well as any additional rules or policies that are or may be published by Register.com from time to time, including the Services Agreement.
IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF THIS ADDENDUM AND THE TERMS OF THE SERVICES AGREEMENT, THIS ADDENDUM SHALL GOVERN. Unless explicitly stated otherwise, any new features, updates, upgrades or versions that support or enhance the current Private Registration Service shall be subject to this Addendum. Please note that other Register.com services, outside of the Private Registration Service, are governed by the Services Agreement and may be governed by other terms and conditions.
- PRIVATE REGISTRATION SERVICES
If you subscribe to the Private Registration Services, each domain name registration which you control and which you designate (the "Private Registration Domain") will be registered in the name of Perfect Privacy, LLC or another individual or entity as selected by Register.com in its sole discretion, as registrant. Your name, postal address, email address, phone number and fax number shall be kept confidential, subject to the terms of this of this Addendum. The following information (and not your personal information) will be made publicly available in the WHOIS directory, as required by ICANN policy, for each Private Registration Domain:
- An email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts of Perfect Privacy, LLC (the "Private Registration Addresses");
- The primary and secondary domain name servers you designate for the Private Registration Domain;
- The Private Registration Domain's original date of registration and expiration date;
- The identity of your registrar; and
- A disclaimer referring to IP and law enforcement inquiries and identified contacts.
- RETENTION OF RIGHTS TO THE DOMAIN NAME
While you will not be listed as the registrant for the Private Registration Domains, other than as described in the Register.com Master Services Agreement (the "Agreement") and/or this Addendum, Perfect Privacy, LLC will not act to use, modify, or control the Private Registration Domain. Subject to all the other terms of this Addendum and the Services Agreement, you will retain abilities of a domain name registrant, including:
- the ability to transfer, or assign each Private Registration Domain;
- the ability to manage the use of each Private Registration Domain, including the DNS settings to which each domain name points;
- the ability to cancel each Private Registration Domain;
- the ability to renew each Private Registration Domain upon expiration (subject to Register.com's applicable agreements, rules and policies);
- the ability to cancel your Private Registration Services so that you are listed as the Registrant; and
- the ability to initially resolve any and all monetary, creditor or other legal claims that arise in connection with your Private Registration Domain, subject to the terms of this Addendum and the Services Agreement.
IMPORTANT: THE PRIVATE REGISTRATION SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that you will not provide any third party with the Private Registration Addresses for the purpose of having such third party transmit communications to you through Register.com. Third parties may obtain the Private Registration Addresses listed in the WHOIS directory by their own initiative, but you agree that you will not be the one to provide the Private Registration Addresses to such third parties.
- PROVISION OF PERSONAL INFORMATION
You agree that for each domain name that you enroll in the Private Registration Services, you are obligated to provide to Register.com, and to keep current and accurate, information in connection with your use, administration, and renewal of such domain name, including without limitation, the following (collectively the "Personal WHOIS Data"):
- Your full name (or the name of the entity and authorized contact person, if registration is for a business entity), postal address, email address, voice telephone number, and fax number, where available;
- The name, postal address, email address, voice telephone number, and where available, fax number for the registrant, administrative contact, technical contact and billing contact; and
- The primary and secondary domain name servers for the domain name(s).
You further agree to: (i) update the above information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by Register.com to determine the validity of personal information provided by you; and (iii) promptly respond to messages regarding correspondence addressed to or involving your Private Registration Domains.
- TERM OF SERVICES
Private Registration Services shall be renewed only in increments of one (1) year, unless otherwise expressly stipulated by Register.com. If the term of a domain name registration expires prior to the end of the term of the Private Registration Services, the Private Registration Services will automatically terminate. You understand that there will be no refund for any resulting unused portion of a Private Registration Services term. If the Private Registration Service expires before the end of the domain name registration term while the registration term the Personal WHOIS Data will be listed in the WHOIS record and the communications forwarding services specified herein will no longer be provided.
- ADDITIONAL REPRESENTATIONS & WARRANTIES
In addition to the representations and warranties made by you in the Services Agreement, you further represent and warrant that all information provided by you pursuant to this Addendum is truthful, complete, current and accurate and you represent and warrant that you will maintain all information in this status throughout the term of this Addendum. You also represent and warrant that you are using the Private Registration Services in good faith and that you have no knowledge or reason to believe that Private Registration Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party, including, without limitation, any third party's copyrights, patents, trademarks or trade names. You also warrant that neither the Private Registration Services nor Private Registration Domains will be used in violation of the Register.com Acceptable Use Policy or otherwise in connection with any illegal or morally objectionable activity (including, without limitation, as defined below), or, in connection with the transmission of unsolicited commercial email ("Spam").
- SUSPENSION OR TERMINATION OF SERVICE; DISCLOSURE OF PERSONAL INFORMATION
You understand and agree that the Register.com has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to immediately suspend or terminate the Private Registration Services, display your Personal WHOIS Data in the WHOIS record or disclose the Personal WHOIS Data to resolve any threatened or actual third party claims arising out of your use of the Private Registration Services or the Private Registration Domains. Register.com may also disclose your Personal WHOIS Data or otherwise take any other action which Register.com deems necessary in the event of the following:
- If a Private Registration Domain is alleged to violate or infringe a third party's trademark, trade name, patent or copyright interests or other legal rights of third parties;
- If you breach any provision of this Addendum, the Service Agreement or Register.com Acceptable Use Policy;
- 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 Register.com is threatened by, named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of your registration or use of the Private Registration Services or a Private Registration Domain;
- If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use of a service such as Private Registration Services);
- If necessary to avoid any potential financial loss or legal liability (civil or criminal) on the part of Register.com, their parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or
- If it comes to a Register.com's attention that you are using or are alleged to be using the Private Registration 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: (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, time bombs 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.
In the event Register.com takes any of the actions set forth above or in the event you elect to cancel the Private Registration Services for any reason, Register.com will not refund any fees paid by you for the Private Registration Services. This Agreement shall not create any rights of privacy to you in the Personal WHOIS Data, which otherwise is required to be made public by ICANN, and YOU AGREE TO WAIVE ANY CLAIMS THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE DISCLOSURE, WHETHER DELIBERATE OR INADVERTENT, OF SUCH INFORMATION. You also acknowledge and agree that Register.com may, in its sole discretion and without any liability to you whatsoever, suspend or cancel the Private Registration Services during resolution of a dispute or investigation of allegations relating to your use of the Private Registration Services or Private Registration Domain.
- FORWARDING COMMUNICATIONS
You agree that Register.com may review all emails, faxes, voice messages, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail ("Communications") sent to the Private Registration Addresses associated with your Private Registration Domain except first class postal mail or email, fax, postal mail or telephone communications which appear, in Regsiter.com' sole discretion, 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 Private Registration Services as a general mail forwarding service (as further referenced above). Without limiting the foregoing, Register.com may review all other Communications sent to the Private Registration Addresses.
When you order Private Registration Services, Register.com creates a random and unique email address for your domain, using a suffix such as "@perfectprivacy.com" or "@domaindiscreet.com". Thereafter, when messages are sent to the email address listed in the Private Registration Address, Register.com forwards such messages to the email address you listed in Personal WHOIS Data. If the email address you listed in the Personal WHOIS Data becomes non-functioning or if email to such address bounces, Register.com is not obligated to attempt to contact you through other means.
Additionally, Register.com may begin charging fees for forwarding communications or may change the method by which communications are forwarded at its sole discretion and without notice to you.
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 Register.com, including failures which arise from Register.com's mistake in judging whether a Communication appears to be an unsolicited Communication. In the event you do not respond to inquiries or notices from Register.com regarding Communications received at the Private Registration Address, either Register.com may either suspend or cancel the Private Registration Services and display your Personal WHOIS Data in the WHOIS directory.
- ADDITIONAL LIMITATIONS OF LIABILITY
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH IN THE SERVICES AGREEMENT, UNDER NO CIRCUMSTANCES SHALL REGISTER.COM BE LIABLE FOR THE PROVISION OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION TO ANY THIRD PARTY. You further understand and agree that Register.com disclaims any loss or liability resulting from: (i) the inadvertent disclosure or theft of your personal information; (ii) the failure for whatever reason to renew the Private Registration Services; (iii) the unauthorized use of your account or any of the Register.com's services; (iv) 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 Private Registration Domain; (v) processing of updated information regarding your account; and (vi) any act or omission caused by you or your agents (whether authorized by you or not).