Whois Privacy Service Agreement

PLEASE BE ADVISED THAT IF YOU ELECT TO USE THE WHOIS PRIVACY SERVICES AS SET FORTH HEREIN (“WHOIS PRIVACY SERVICES”), YOUR DOMAIN NAME REGISTRAR OR ITS AFFILIATES (“YOUR REGISTRAR”) WILL NOT ESCROW CERTAIN DOMAIN REGISTRATION INFORMATION.

PLEASE READ THIS WHOIS PRIVACY SERVICE AGREEMENT ("AGREEMENT"), AND ANNEXES, CAREFULLY. BY USING THE WHOIS PRIVACY SERVICES, YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT DPSI (DEFINED BELOW) MAY AMEND THIS AGREEMENT BY POSTING THE AMENDED AGREEMENT ON THE WEBSITE WHERE YOU OBTAINED THE WHOIS PRIVACY SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE WHOIS PRIVACY SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT AMENDMENTS HERETO, DO NOT USE, ACCESS, OR CONTINUE TO USE THE WHOIS PRIVACY SERVICES. CONTINUED USE OF THE WHOIS PRIVACY SERVICES AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

This Agreement is by and between Domain Protection Services, Inc., a Nevada corporation ("DPSI"), the party who makes the Whois Privacy Services available to you, your heirs, executors, administrators, agents, successors and assigns ("You," "Your," and other appropriate formatives). This Agreement sets forth the terms and conditions of Your relationship with DPSI and Your use of the Whois Privacy Services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by: (i) You on Your behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account You establish to obtain the Whois Privacy Services, whether or not the transactions were on Your behalf and/or authorized by You. You agree that You will be bound by representations made by third parties You use to obtain the Whois Privacy Services. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy," http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may establish with respect to WHOIS information, and the terms and conditions of Your domain name registration with Your Registrar (the ICANN-accredited person or entity through which You register a domain name). This Agreement is in addition to domain name registration agreement(s) entered into by You and Your Registrar.

1. The Whois Privacy Services If you subscribe to the Whois Privacy Services, each domain name registration which you control and which You designate ("Whois Privacy Domains") will thereafter be registered in the name of DPSI, as registrant. Your name, postal address, email address, phone and fax numbers shall be kept confidential, subject to Section 5 of this Agreement. The following information (and not your personal information) will be made publicly available in the "Whois" directory for each Whois Privacy Domain:
   • DPSI's email address, postal address and phone and facsimile number for the registrant, administrative, technical, and billing contacts ("Whois Privacy Addresses");
   • The primary and secondary domain nameservers You designate for the Whois Privacy Domain;
   • The Whois Privacy Domain's original date of registration and expiration date;
   • The identity of Your Registrar, domain name service provider (if different from Your Registrar) and the status of the Whois Privacy Domain with the registrar (such as, "active," "Registrar Lock," "clienthold," etc.).

DPSI may modify its information from time to time in such a way which may constitute a "Change of Registrant" under ICANN’s Transfer Policy (the "Transfer Policy"). In such a case, You and DPSI explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant. In addition, You and DPSI explicitly authorize the registrar of the Whois Privacy Domain to act as its "Designated Agent" (as defined in the Transfer Policy) to approve each "Change of Registrant" (as defined in the Transfer Policy) on its behalf.

While You will not be listed as the registrant for the Whois Privacy Domains, and other than as described in this Agreement, DPSI will not act to control the Whois Privacy Domain(s). You will retain the right to sell, transfer, or assign each Whois Privacy Domain; You will retain the right to control and set the DNS settings for the Whois Privacy Domain(s); You will retain the right to renew each Whois Privacy Domain name registration upon expiration (subject to Your Registrar's applicable rules and policies); and You will remain responsible to resolve any and all monetary or other legal claims that arise in connection with Your Whois Privacy Domain(s), subject to the remaining provisions of this Agreement.

IMPORTANT: THE WHOIS PRIVACY SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the Whois Privacy Addresses for the purpose of having such third party transmit communications to you through DPSI. Third parties may obtain the Whois Privacy Addresses listed in the Whois directory by their own initiative, but You agree that You will not be the one to provide the Whois Privacy Addresses to such third parties.

• Your name, address, email address, postal address, phone and fax numbers;
• The name, address, email address, postal address, phone and fax numbers for the Whois Privacy Domain's administrative, technical, and billing contacts;
• The primary and secondary domain nameservers for the Whois Privacy Domain;

You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by DPSI to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your Whois Privacy Domain(s), as more fully set forth in section 6 below. If You do not supply primary and secondary domain nameservers, You agree that DPSI may point Your Whois Privacy Domain(s) to an IP address of DPSI’s choosing until such time as You supply primary and secondary domain nameservers.

Please see the Annex 1: Privacy, for details specifically regarding the privacy of your data, and the DPSI’s handling of same.

• If the Whois Privacy Domain(s) is (are) alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties;
• If you breach any provision of this Agreement or an anti-Spam policy of DPSI;
• If You breach any provision of Your Registrar's Registration Agreement;
• 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 DPSI is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the Whois Privacy Services or a Whois Privacy Domain;
• If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use a service such as ID Protect);
• If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of DPSI, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
• OR if it comes to DPSI's attention that You are alleged to be using the Whois Privacy 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, timebombs 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, THEN

You understand and agree that DPSI has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the Whois Privacy Services, close Your Account, terminate provision of the Whois Privacy Services, list the information You provided in section 2 in the Whois output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of Whois Privacy Domain, or take any other action which DPSI deems necessary.

In the event DPSI takes any of the actions set forth above or in the event You elect to cancel the Whois Privacy Services for any reason, DPSI will not refund any fees paid by You for the Whois Privacy Services.

You also acknowledge and agree that DPSI may, in its sole discretion and without any liability to You whatsoever, cancel the Whois Privacy Services during the first thirty (30) days after You procured the Whois Privacy Services, and/or at any time suspend Your rights under this Agreement and list the Whois Privacy Addresses during resolution of a dispute or investigation of allegations.

1. Severability; Construction; Entire Agreement. You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and DPSI regarding the services contemplated herein.
2. Governing Law; Venue; Waiver Of Trial By Jury. This Agreement shall be governed in all respects by the laws and judicial decisions of King County, Washington, excluding its conflicts of laws rules. You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of King County, Washington. For the adjudication of domain name registration disputes and disputes under this Agreement, you agree to submit to the exclusive subject matter and personal jurisdiction of the state and Federal courts located in King County, Washington, you agree that venue shall be proper in such jurisdiction, and you agree to waive any objection you may have to jurisdiction and venue in such forum. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and You agree that service upon You may be accomplished by depositing the summons and complaint in the United States mail, first-class mail, postage pre-paid, addressed to the address provided by you in section 2, which service shall be deemed to be effective five days after deposit.
3. Term of Agreement; Survival. The term of this Agreement begins on the date DPSI accepts Your attempt to procure the Whois Privacy Services. The term shall run for the period of time You ordered when You procured the Whois Privacy Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.

Annex 1: Privacy

DPSI, acting as data controller, shall use data you share with DPSI to provide you with the Services you have requested as outlined in the Agreement.

By signing up for this Service, you agree to provide DPSI with the following data. Which may or may not be considered to be “Personal Information”:

• Your name, address, email address, postal address, phone and fax numbers;
• The name, address, email address, postal address, phone and fax numbers (optional) for the Whois Privacy Domain's administrative, technical, and billing contacts;
• The primary and secondary domain nameservers for the Whois Privacy Domain;

Why We Process This Information

We require the provision of this data to provide you with the Service. Failure to provide any element of this data, except where noted as optional, may result in us being unable to provide the Service which you have requested from us.

DPSI limits disclosure of your Personal Information to the terms of this Agreement. There are, however, times where we may have to disclose information. Such instances are limited to disclosures:

• necessary to fulfill a transaction or provide information you have requested;
• in your vital interests or in the vital interests of another person, including events of an emergency that poses a threat to your safety;
• required by ICANN;
• required by law or necessary to respond to legal process;
• in circumstances in which DPSI believes that its system, websites, domain names, or Services are being used in the commission of a crime;
• necessary to enforce our acceptable use policy, and to protect the security or integrity of the DNS or our website;
• as necessary to establish, assert, defend, or protect our rights or property; or
• as necessary to meet the requirements of requests, lawfully made by public authorities, including requests to meet national security or law enforcement requirements.

We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. To that extent, DPSI employs security measures that are deemed commensurate to the quality of data held, with due regard to the state of the art and cost of the available security measures, and the risk to the privacy rights of you, as data subject. We do not, nor can we, guarantee security. Neither people nor security systems are foolproof, including encryption systems.

Where a breach occurs, DPSI shall, upon discovering such a breach, ensure that our obligations under applicable data privacy requirements, and with specific acknowledgement of Articles 33 and 34 of the GDPR, where applicable.

Retention Of Data

DPSI does not retain any Personal Information for longer than is necessary.

Special Notes For International Clients

For European Union & Swiss Citizens

Transfer of data outside of the EEA: DPSI is a US registered entity, and a subsidiary of Identity Digital Inc. All DPSI primary servers are located within the USA. Depending on the registrar you choose to use, the use of DPSI Service may involve the transfer of data outside of the EEA.

Privacy Shield Frameworks

As part of the Identity Digital Inc. family of companies, DPSI complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. DPSI has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/ .

Note that you have the right to access, correct, or delete your personal data processed by DPSI. For assistance with accessing, correcting, or deleting your personal data, please contact us at [email protected] . Please be aware that deleting your Personal Information may result in termination of the services you receive through us.

In compliance with the Privacy Shield Principles, DPSI commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union or Swiss individuals with inquiries or complaints regarding this Agreement should first contact our Legal Department at [email protected] , or by certified mail (return receipt requested) at: Domain Protection Services, Inc., Attn: Legal Department, 5808 Lake Washington Blvd NE, Suite 300, Kirkland, WA 98033 USA.

DPSI further commits to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. In addition, it is possible, under certain limited conditions, for individuals to invoke binding arbitration before the Privacy Shield Panel to be created by the US Department of Commerce and the European Commission. Note that the US Federal Trade Commission (FTC) has enforcement authority over our compliance with this Policy.

The website is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the website, which is governed by U.S. law, this Website Privacy Policy, and our Website Terms of Use, you are transferring your personal information to the United States and You consent to that transfer.

Data Protection Authority

If You have any questions, concerns or complaints about our the privacy of your data under this Agreement or how it relates to DPSI Services, you may contact us by email at [email protected] .

Alternatively, You may contact us by either of the following means:

By Mail:
ATTN: Data Privacy Section, Legal Department
5808 Lake Washington Blvd NE
Suite 300
Kirkland, WA 98033
USA

Or for customers established in the EEA:

Identity Digital Inc.
ATTN: Data Privacy Section, Legal Department
Suite 106
The Victorians
15-18 Earlsfort Terrace
Dublin 2, County Dublin
Ireland

If you are a resident of the European Economic Area (“EEA”) and believe DPSI maintains your data subject to the General Data Protection Regulation, you may direct questions or complaints to our lead supervisory authority, the Office of the Data Protection Commissioner, as noted below:

Office of the Data Protection Commissioner. Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland.

Phone +353 (0761) 104 800 | LoCall 1890 25 22 31 | Fax +353 57 868 4757