DOMAIN NAME PROXY AGREEMENT
These terms and conditions apply if you purchase domain name privacy services from PrivacyProtection.com, LLC (“PrivacyProtection.com”). This Domain Name Proxy Agreement ("Agreement") sets forth the terms and conditions for the use of PrivacyProtection.com’s website (the “Site”) and of our domain name proxy services (individually and collectively, the “Services”).
"You", "your", and “user” any individual or entity who accepts this Agreement, has access to your account or uses the Services. "We", "us" and "our" refer collectively to PrivacyProtection.com.
CHANGES TO THIS AGREEMENT
We reserve the right, upon notice to you, to modify any provisions of this Agreement at any time at our discretion and without liability to you. Modifications by us are effective thirty (30) days after notifying you via email to the address you have supplied us, or immediately via notice and acceptance through our Site. After such changes or modifications have been made, your continued use of the Site or Services constitutes your agreement to be bound by this Agreement as last revised. If you do not agree to the modifications or to any applicable policies or guidelines on the Services, you must stop using the Site or Services. If you have purchased Services from us, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as you take advantage of and use the Services.
DESCRIPTION OF THE SERVICES
The privacy protection service generally allows you to: (i) replace your personal details in the WHOIS Directory with the details of PrivacyProtection.com LLC; and (ii) forward inquiries from a webform at PrivacyProtection.com, to your email address on file with us. There may be a gap in time from your initial registration, before PrivacyProtection.com becomes listed as registrant. During that time, your real WHOIS information will be publicly displayed.
Once PrivacyProtection.com LLC is listed as the registrant, that privacy protection service forwards all email and phone inquiries to that webform, which are then forwarded to you by email to the address you have on file with us. These features are intended to prevent domain-related spam; and protect your identity from third-parties. You acknowledge and agree that you may not be permitted to purchase private or proxy TLD registrations in certain markets, countries and territories or for certain TLDs.
When You subscribe to PrivacyProtection.com's proxy service, instead of your contact information being displayed on the publicly available "Whois" directory, PrivacyProtection.com will display its own contact information. Your name, postal address, email address, phone and fax numbers will be kept confidential, subject to Section 12 of this Agreement. The following information (and not Your personal information) will be made publicly available in the "Whois" directory as determined by ICANN policy:
i. PrivacyProtection.com's name as the proxy Registrant of the domain name and a proxy email address, phone number and postal address for the proxy Registrant's contact information;
ii. A proxy postal address and phone number for the domain name registration's technical contact;
iii. A proxy email address, postal address and phone number for the domain name registration's administrative contact;
iv. A proxy email address, postal address and phone number for the domain's name registration's billing contact;
v. The primary and secondary domain name servers You designate for the domain name;
vi.The domain name's original date of registration and expiration date of the registration; and
vii. The identity of the Registrar.
You will retain ownership and remain as the registrant of each domain. Accordingly, and subject to Section 12 below, you will retain the full benefit to:
i. The right to sell, transfer or assign each domain name registration, which shall require cancellation of the Services associated with the domain name registration;
ii. The right to control the use of the domain name registration, including designating the primary and secondary domain name servers to which each domain name points, renew (subject to Your Registrar's applicable rules and policies), and/or cancel the domain name registration; and
iv. The right to cancel the Services associated with each domain name registration.
You agree that for each domain name for which you use the Services, you will provide current, complete, and accurate information as required by ICANN policy and/or the policy of the Registry Operator. You also agree to provide any or all of the following documentation upon our request: 1) government-issued photo identification and/or government-issued business identification; 2) your payment method, such as credit card; and/or 3) photo or short video of your likeness.
In order to use the Services, you will be required to have an account with your domain name registrar (“User Account”). It is your responsibility to ensure that the information connected to your User Account is current, complete, and accurate. You are required to notify PrivacyProtection LLC within seven (7) business days of any change in the information you provided as part of the application and/or registration process. If you do not respond to inquiries made by us to determine the validity of information provided by you, for whatever reason, within seven (7) business days, such failure will constitute a material breach of this Agreement.
It is your responsibility to keep your personal information current, complete, and accurate at all times. You further agree to: (i) timely respond to email messages PrivacyProtection.com sends to you regarding correspondence PrivacyProtection.com has received that is either addressed to or involves you and/or your domain name; and (ii) allow PrivacyProtection.com to act as your Designated Agent in instances when PrivacyProtection.com services are added to or cancelled from your domain name and for the purpose of facilitating a change of registrant request (as further described below).
REPRESENTATIONS AND WARRANTIES
You warrant that all information provided by you in connection with your User Account current, complete, and accurate. You also warrant that your use of the Services is in good faith. You represent that you have no knowledge that your domain name is infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant the domain name being registered by PrivacyProtection.com on your behalf will not be used in connection with any illegal activity, or in any way otherwise prohibited by any applicable agreement, policy, law or decree.
“DESIGNATED AGENT” MEANS AN INDIVIDUAL OR ENTITY THAT THE PRIOR REGISTRANT OR NEW REGISTRANT EXPLICITLY AUTHORIZES TO APPROVE A CHANGE OF REGISTRANT REQUEST ON ITS BEHALF. IN THE CASE OF OUR SERVICES, A CHANGE OF REGISTRANT REQUEST MAY ALSO ARISE DUE TO INSTANCES WHERE OUR SERVICES ARE ADDED, OR REMOVED, FROM A DOMAIN NAME. FOR THE PURPOSE OF FACILITATING ANY SUCH CHANGE REQUEST, AND IN ACCORDANCE WITH ICANN'S CHANGE OF REGISTRANT POLICY, YOU AGREE TO APPOINT PRIVACYPROTECTION.COM LLC AS YOUR DESIGNATED AGENT FOR THE SOLE PURPOSE OF EXPLICITLY CONSENTING TO MATERIAL CHANGES OF REGISTRATION CONTACT INFORMATION ON YOUR BEHALF.
PUBLIC DISPLAY OF REGISTRATION INFO
You understand and acknowledge that your personal information may be displayed on the Whois record at the time of registration until activation of our Services.
You agree that PrivacyProtection.com LLC will arrange for your Registrar to charge the credit card you have on file with the Registrar, at the Registrar's then current rates.
If for any reason the Registrar is unable to charge your payment method on file, for the full amount of the Service provided, or if the Registrar is charged back for any fee it previously charged to the payment method you provided, then you agree that PrivacyProtection.com LLC and/or the Registrar may, without notice to you, pursue all available remedies in order to obtain payment, including but not limited to immediate cancellation of all Services that the Registrar and/or PrivacyProtection.com provides to you.
PRIVACYPROTECTION.COM LLC’S RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR CONTACT INFORMATION
PrivacyProtection.com has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to:
Cancel the Service and/or to reveal your name and personal information that you provided to Privacuprotection.com:
When required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law or in the interest of public safety;
To comply with legal process served upon PrivacyProtection.com or in response to a reasonable threat of litigation against PrivacyProtection.com, as determined by PrivacyProtection.com LLC in its sole and absolute discretion; or
To comply with ICANN rules, policies, or procedures, and/or policies, agreements and procedures of your Registrar and/or applicable Registry Operator.
Resolve any and all third party claims, whether threatened or made, arising out of your use of a domain name for which PrivacyProtection.com is the registrant listed in the "Whois" directory on your behalf; or
Take any other action PrivacyProtection.com deems necessary:
In the event you breach any provision of this Agreement;
To protect the integrity and stability of, and to comply with registration requirements, terms, conditions and policies of, the applicable domain name Registry and/or Registry Provider;
To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
To avoid any financial loss or legal liability (civil or criminal) on the part of PrivacyProtection.com, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
If we have any suspicion that the domain name for which PrivacyProtection.com is the registrant on your behalf violates or infringes a third party's trademark, trade name or other legal rights; and
If it comes to PrivacyProtection.com's attention that you are using PrivacyProtection.com's services in a manner, as determined by PrivacyProtection.com, in its sole and absolute discretion, that violates your domain name registration agreement and/or any Registry Operator policy.
You further understand and agree that if PrivacyProtection.com is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of your domain name registration or your use of PrivacyProtection.com's Services, your use of the Services may be canceled, which means the domain name registration will revert back to you and your identity will therefore be revealed in the Whois directory as Registrant.
In the event PrivacyProtection.com LLC takes any of the actions set forth in Subsection 12.1-12.3; and/or elect to cancel our services for any reason, neither PrivacyProtection.com nor your Registrar will refund any fees paid by you whatsoever.
Correspondence Forwarding. PrivacyProtection.com LLC will review and, where appropriate as described below, forward communications addressed to your domain name that are received via email, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail.
Communications Other Than Email. You specifically acknowledge that PrivacyProtection.com LLC will not forward to you first class U.S. postal mail other than legal notices, including without limitation any "junk" mail or other communications (whether delivered through email, fax, postal mail or telephone). PrivacyProtection.com may, in its sole discretion, either (1) discard all such communications or (2) 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 us.
Email Forwarding. The Whois directory requires an email address for every purchased domain name registration. When you purchase the Services, PrivacyProtection.com lists an email address for that domain name, "firstname.lastname@example.org". All email to that domain name will receive a prompt reply, directing the sender to our web form for domain inquiries, at PrivacyProtection.com. We will forward all messages received through that web form to you at the email address you have on file with us. You agree to waive any and all claims arising from your failure to receive email directed to your domain name but not forwarded to you by PrivacyProtection.com.
Notifications Regarding Correspondence and Your Obligation to Respond. When PrivacyProtection.com LLC receives certified or traceable courier mail or legal notices addressed to your domain name, PrivacyProtection.com will scan and forward the mail to you via email at the email address on file with us. PrivacyProtection.com may reveal your identity and/or cancel your Services (1) if you do not respond to the PrivacyProtection.com email, and/or (2) the correspondence concerns a dispute of any kind or otherwise requires immediate disposition.
Additional Administrative Fees. PrivacyProtection.com LLC reserves the right to charge you reasonable "administrative fees" or "processing fees" to be billed to any payment method you have on file with us.
DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
(A) Disputes. The terms of this Section shall apply to all Disputes between you and PrivacyProtection.com LLC, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and PrivacyProtection.com LLC arising under or relating to any PrivacyProtection.com LLC Services, PrivacyProtection.com LLC’s websites, this Agreement, or any other transaction involving you and PrivacyProtection.com LLC, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND PrivacyProtection.com LLC AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR PrivacyProtection.com LLC FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and PrivacyProtection.com LLC further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (ii) this Agreement memorializes a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
(D) Dispute Notice. In the event of a Dispute, you or PrivacyProtection.com LLC must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to PrivacyProtection.com LLC must be sent by US Mail addressed to PrivacyProtection.com LLC, LLC, 2229 South Michigan Ave Suite 303, Chicago, IL 60616 with email copy to email@example.com (collectively, the “PrivacyProtection.com LLC Notice Address”). Any Dispute Notice to you will be sent by US Mail and by email to the most recent addresses we have on file or otherwise in our records for you. If PrivacyProtection.com LLC and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or PrivacyProtection.com LLC may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND PrivacyProtection.com LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR PrivacyProtection.com LLC WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org. If there is a conflict between the AAA Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in Chicago, Illinois (USA).
(G) Initiation of Arbitration Proceeding. If either you or PrivacyProtection.com LLC decide to arbitrate a Dispute, we agree to the following procedure:
i. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).
ii. Send one copy of the Demand for Arbitration to AAA by submitting it online or by mail to American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.
iii. Send one copy of the Demand for Arbitration to the other party at the same addresses as the Dispute Notice, or as otherwise agreed to by the parties.
(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by PrivacyProtection.com LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PrivacyProtection.com LLC is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(I) Arbitration Fees and Payments.
The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
(J) Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim or dispute relating to this Agreement or to PrivacyProtection.com LLC’s provision of the Site and/or Services must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
(K) Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, you and PrivacyProtection.com LLC agree that if PrivacyProtection.com LLC makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to PrivacyProtection.com LLC’s contact information) in this Agreement, then PrivacyProtection.com LLC will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in the then-current Agreement, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
(L) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of the Agreement.
(M) Exclusive Venue for Other Controversies; Waiver of Jury Trial. PrivacyProtection.com LLC and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in an appropriate state or federal court in Chicago, Illinois (USA). Each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PRIVACYPROTECTION.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, PRIVACYPROTECTION.COM'S SERVICES, USE OR INABILITY TO USE THE PRIVACYPROTECTION.COM WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE PRIVACYPROTECTION.COM WEBSITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO PRIVACYPROTECTION.COM OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PRIVACYPROTECTION.COM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PRIVACYPROTECTION.COM LLC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
YOU FURTHER UNDERSTAND AND AGREE THAT PRIVACYPROTECTION.COM DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
i. THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
ii. ACCESS DELAYS OR INTERRUPTIONS TO OUR WEBSITE OR THE WEBSITES OF OUR AFFILIATED REGISTRARS;
iii. DATA NON-DELIVERY OF MIS-DELIVERY BETWEEN YOU AND PRIVACYPROTECTION.COM;
iv. THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION;
v. THE UNAUTHORIZED USE OF YOUR USER ACCOUNT OR ANY OF PRIVACYPROTECTION.COM’S SERVICES;
vi. ERRORS, OMISSIONS OR MISSTATEMENTS BY PRIVACYPROTECTION.COM;
vii. DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED TO EITHER YOU OR YOUR DOMAIN NAME REGISTRATION;
viii. PROCESSING OF UPDATED INFORMATION REGARDING YOUR PRIVACYPROTECTION.COM ACCOUNT; AND/OR
ix. ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD PRIVACYPROTECTION.COM, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE SERVICE OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE SERVICE UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. PRIVACYPROTECTION.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PrivacyProtection.com LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND PRIVACYPROTECTION.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY PRIVACYPROTECTION.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
18. MISCELLANEOUS PROVISIONS
Severability. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Notices. All notices to you from PrivacyProtection.com will be sent to the email address on file in your User Account. All notices from you to PrivacyProtection.com LLC shall be sent to firstname.lastname@example.org.
Governing Law. This Agreement shall be governed in all respects by the laws and judicial decisions of Chicago, Illinois, excluding its conflicts of laws rules.
Indemnification for Loss of Domain Name. In the unlikely event you lose your domain name registration to a third party solely as a result of PrivacyProtection.com's willful misconduct, PrivacyProtection.com and/or the Registrar (the "Indemnifying Party") will indemnify and hold you harmless against any losses, damages or costs (including reasonable attorneys' fees) resulting from any claim, action, proceeding, suit or demand arising out of or related to the loss of your domain name registration. Such indemnification obligations under this Section are conditioned upon the following:
That you promptly give both PrivacyProtection.com and the Indemnifying Party written notice of the claim, demand, or action and provide reasonable assistance to the Indemnifying Party, at its cost and expense, in connection therewith, and
That the Indemnifying Party has the right, at its option, to control and direct the defense to any settlement of such claim, demand, or action.
Any notice concerning indemnification shall, with respect to PrivacyProtection.com, be sent in accordance with this Agreement. With respect to your registrar, notices regarding indemnification should be sent in accordance with the notification provisions contained in your registrar's domain name registration agreement.