WebnamesTM Services Inc.Privacy Service Subscription Agreement

Last published: Dec 1, 2016

This Privacy Service Subscription Agreement governs the use of the domain name registration privacy service provided by WebnamesTM Services Inc. ("WSI"). This Agreement exempts WSI and other persons from liability or limits their liability, and contains other important provisions you should read. By subscribing for the privacy service, or by using or taking the benefit of the privacy service, you acknowledge and signify that you have read, understood, and agreed to this Agreement. If you do not accept and agree to this Agreement, you may not subscribe for, access or use, or take the benefit of, the Privacy Service.

Acceptance of this Agreement and Amendments

1) General: This Privacy Service Subscription Agreement (the "Agreement") is a binding agreement between Webnames Services Inc. ("WSI") and each of the following persons, jointly and severally: (a) the person identified as the"Account Holder" in the applicable domain name registration account (the "Account") administered by Webnames.ca Inc. (the "Registrar"); (b) the persons identified as "Registrant" in the Account; and (c) the legal and beneficial owners and authorized users (collectively, the "Beneficial Owners") of the Internet domain names held in the Account (the "Domain Names"). In this Agreement, the Account Holder, the Registrants, the Beneficial Owners, and the individual accepting this Agreement on their behalf, jointly and severally, are referred to as the "Customer Group", "You" or "Your".

2) Application and Acceptance of Agreement: This Agreement governs Your use of the domain name registration privacy service (the "Privacy Service") provided by WSI. This Agreement is in addition to all other agreements that You may have with the Registrar or Webnames Asia Inc. regarding the registration and renewal of the Domain Names and other matters, and does not amend those agreements in any way. By subscribing for the Privacy Service, You signify Your acceptance and agreement, without limitation or qualification, to be bound by this Agreement. If You do not agree with each provision of this Agreement, You may not subscribe for, use or take the benefit of the Privacy Service.

3) Authorization: If You are an individual representing an Account Holder, then You represent and warrant that You have all requisite authorities and approvals from the Account Holder and all other members of the Customer Group to subscribe for the Privacy Service and agree to this Agreement on their behalf. Each member of the Customer Group represents and warrants that the Account Holder and its representatives are authorized to agree to and accept this Agreement on their behalf and to subscribe for the Privacy Service for their benefit, and that WSI is authorized to accept instructions from either of the Account Holder and the Registrant on behalf of all other members of the Customer Group.

4) Amendments: WSI may amend this Agreement from time to time effective immediately by posting the amended Agreement on the Registrar's website. WSI's employees do not have authority to amend this Agreement, except as set forth above. By using the Privacy Service after this Agreement has been amended, You signify Your acceptance and agreement, without limitation or qualification, to be bound by the amended Agreement. If You do not agree with each provision of the amended Agreement, then You may not continue to use the Privacy Service. You may not change, supplement or amend this Agreement in any manner.

The Privacy Service

1) Definitions: In this Agreement, the following terms have the following meanings, and all other capitalized terms have the meaning specified elsewhere in this Agreement:

a) "Correspondence" means correspondence (including email, fax, postal mail, registered mail, and couriered/delivered mail) delivered to WSI using the WSI Registration Information that expressly refers to the Registrant or a Subscribed Domain Name;

b) "Domain Name Registration Authority" means the organization responsible for the administration of a domain;

c) "Registrant Contact Information" means the Registrant's name, contact details and other information for a specific Domain Name that is ordinarily required by a Domain Name Registration Authority for the registration or renewal of a Domain Name and that is ordinarily included in the WHOIS Database;

d) "Subscribed Domain Name" means a Domain Name that is subject to a valid and subsisting subscription for Privacy Services (each a "Subscription");

e) "WHOISDatabase" means a publicly accessible database of information regarding domain name registrations and registrants maintained by the responsible Domain Name Registration Authority; and

f) "WSI Registration Information" means the name and contact information provided by WSI in place of the Registrant Contact Information in order to provide the WHOIS Information Service(defined in paragraph 6).

2) Details of Privacy Service: The Privacy Service is comprised of two services, as follows:

a) subject to the provisions of this Agreement, WSI will request to the applicable Domain Name Registration Authority that certain aspects of the Registrant Contact Information for a Subscribed Domain Name in the WHOIS Database be replaced with WSI Registration Information (this service is the "WHOIS Information Service"); and

b) subject to the provisions of this Agreement, WSI will redirect or send all Authorized Correspondence (defined in paragraph 8.a) to You and will either refuse to accept, return to sender, or permanently destroy all other Correspondence (this service is the "Correspondence Processing Service").

3) WHOIS Information Service - Restrictions and Requirements:

a) Limited Changes to WHOIS Database: The WHOIS Information Service replaces only certain elements of the Registrant Contact Information in the WHOIS Database, depending upon the policies and procedures prescribed by the applicable Domain Name Registration Authority. All other elements of the Registrant Contact Information (including details regarding the nameservers; the registration, modification and expiration dates; the status of the domain name registration, and the registrar name) are not replaced and will remain part of the WHOIS Database. The WHOIS Information Service affects only the information in the WHOIS Database, and does not replace or conceal information regarding the Registrant or the domain name registration in any other records or for any other purpose.

b) .CA Domain Name Restrictions: In order to comply with the policies and procedures applicable to the .CA Domain, the WHOIS Information Service does not replace the Registrant's name in the WHOIS Database for Subscribed Domain Names in the .CA Domain.

c) No Change in Ownership or Control of Subscribed Domain Names: The WHOIS Information Service does not change the ownership or control of any Subscribed Domain Name. Even though WSI might be identified as the "registrant" of a Subscribed Domain Name in the WHOIS Database, the Registrant is and remains the registrant of the Subscribed Domain Name and is solely responsible and liable for the Subscribed Domain Name for all purposes (including the registration, renewal, sale, transfer, and use the Subscribed Domain Name, controlling all settings [including the domain name servers] for the Subscribed Domain Name, and giving instructions to the Registrar and the applicable Domain Name Registration Authority) and all disputes relating to the Subscribed Domain Name and its use. Notwithstanding any changes to the WHOIS Database Information for a Subscribed Domain Name, WSI is not the registrant of the Subscribed Domain Name, and is not responsible or liable for the Subscribed Domain Name for any purpose whatsoever.

d) Required Multiple Subscriptions: A Registrant must subscribe for the Privacy Service for all domain names registered by the Registrant in the Account and in all other accounts administered by the Registrar.

e) Restrictive Domains: Certain domains (each a "Restrictive Domain") require that the WHOIS Database information be the same for all domain names registered by a specific registrant through any registrar. Accordingly, during the term of a Subscription for a Domain Name registered by a Registrant in a Restrictive Domain, the WHOIS Database information for all domain names in the Restrictive Domain registered by the Registrant through all other registrars will also be changed to have the WSI Privacy Information.

f) .ASIA domain names: Subject to paragraph 9.f, the WSI Registration Information for Subscribed Domain Names in the .ASIA domain (which are subject to the Charter Eligibility Requirement for registering a .ASIA domain name) will identify Webnames Asia Inc. as the CED and technical contacts, and will identify Webnames Services Inc. as the administrative contact.

g) SSL Certificates: The WHOIS Information Service does not replace or conceal information regarding the Registrant in SSLcertificates used in connection with Subscribed Domain Names. The WHOIS Information Service will have to be temporarily cancelled in order to configure a SSL Certificate for use in connection with a Subscribed Domain Name; and You are solely responsible and liable for ensuring that the WHOIS Information Service is reactivated after the SSL Certificate configuration is completed.

h) Dependence on Domain Name Registration Authority and Registrar: You acknowledge and agree as follows:

i) the availability and timeliness of the WHOIS Information Service depends upon the systems, policies and procedures established and operated by Domain Name Registration Authorities and the Registrar;

ii) Domain Name Registration Authorities, the Registrar and Webnames Asia Inc. have access to Registrant Information; and

iii) WSI is not responsible or liable for any Domain Name Registration Authorities, the Registrar or Webnames Asia Inc., any of their respective systems, policies and procedures, their use or disclosure of Registrant Information, or any other act or omission by or on behalf of any Domain Name Registration Authorities, the Registrar or Webnames Asia Inc.

i) Cancellation before Transfer: You are required to cancel the WHOIS Information Service for a Subscribed Domain Name before You submit a request to sell or transfer the Domain Name.

j) Enabling and Disabling of Privacy Service: Webnames.ca Inc., the Registrar for your domain name, is governed by the ICANN Transfer Policy, which considers certain changes to Registrant Contact Information, including those changes which occur when enabling or disabling the Privacy Service offered by WSI, to be “Changes of Registrant”. Therefore, in order to enable and/or disable the Privacy Service:

  1. You explicitly authorize WSI to act as Your Designated Agent for facilitating and approving on Your behalf any Change of Registrant required, and
  2. You explicitly authorize WSI to act as Your Designated Agent for opting out of any inter-registrar domain transfer locks on Your behalf.
The authorization granted to WSI to act as Your Designated Agent is limited strictly to the enabling and/or disabling of the WSI Privacy Service, and does not provide expressed or implied authorization for WSI to act as a Designated Agent for any other purpose or in any other capacity.

4) Correspondence Processing Service - Restrictions and Requirements:

a) Authorized Correspondence: As part of the Correspondence Processing Service, WSI will redirect or send to the Registrant following the procedure set forth in paragraph 8.b the following Correspondence:

i) Correspondence from a sender who complies with the Verification Procedure (described in paragraph 8.c);

ii) Correspondence that appears to be from or on behalf of a Domain Name Registration Authority, the Registrar, or Webnames Asia Inc.; and

iii) other correspondence that WSI considers appropriate (collectively, the "Authorized Correspondence"). Please note that Authorized Correspondence might not include correspondence (including domain name renewal notices) from domain name registrars other than the Registrar.

b) Designated Email Address: WSI will redirect or send Authorized Correspondence to the Registrant care of the Registrant's administrative contact email address on file with the Registrar (the "Designated Email Address").You are solely responsible for ensuring that the Designated Email Address is current and operates properly. If the Designated Email Address does not operate properly, or for any other reason does not accept email and attachments from WSI, then WSI is not obligated to contact You or otherwise inform You of the problem and WSI is not obligated to deliver the Authorized Correspondence to the Registrant by any other means, and in those circumstances WSI will in its discretion either return the Correspondence to the sender destroy the Correspondence without any notice to the sender. In the event that the Designated Email Address does not operate properly, the Registrar of the domain, Webnames.ca Inc. will be notified for action, as applicable, under the ICANN Registrar Accreditation Agreement. Notwithstanding the foregoing, WSI may in its discretion (but is not obligated to) deliver Authorized Correspondence to the Registrant by mail, fax or such other means as WSI considers appropriate using the Registrant's administrative contact addresses and fax numbers on file with the Registrar.

c) Verification Procedure: WSI will establish a procedure (the "Verification Procedure") designed to minimize the delivery of spam and other forms of unsolicited commercial email to Registrants. The Verification Procedure will require senders of email and other correspondence to complete a form identifying themselves and may require senders to pay an administrative fee to WSI. Details of the Verification Procedure are available on the Registrar's website, and may be amended from time to time by WSI in its discretion.

d) Authorized Correspondence: Except as set forth in this paragraph 8.d, WSI will determine whether Correspondence is Authorized Correspondence based upon email filtering rules (for email) the manual review of subject lines (for faxes) and envelopes (for postal mail and other delivered Correspondence), and WSI is not obligated to open or read any Correspondence. Notwithstanding the foregoing, WSI may in its discretion (but is not obligated to) open (including opening sealed envelopes and packages), read, and create electronic copies of Correspondence delivered to the Registrant care of the WSI Contact Information as WSI considers reasonably necessary in order to provide the Correspondence Processing Service.

e) Acknowledgement of Risks: You acknowledge and accept the following risks:

i) the Privacy Service might results in certain Correspondence (including Authorized Correspondence or other important Correspondence) not being received by You in a timely manner or at all, either because of the nature of the Privacy Service and the policies and procedures used by WSI to provide the Privacy Service or errors by WSI; and

ii) the Privacy Service might not prevent Your receipt of all spam or other unsolicited commercial or fraudulent correspondence.

5) Subscriptions for Privacy Service:

a) Availability: The Privacy Service is available only with respect to Domain Names in certain domains, as indicated on the Registrar's website. The Privacy Service might not be available when ordered or thereafter. WSI reserves the right to refuse to provide the Privacy Service to You or any other person.

b) Subscription Process: The Privacy Service is provided pursuant to one or more subscriptions (each a "Subscription"), each of which is specific to one (1) specified Domain Name. Advertisements for the Privacy Service are invitations for orders, and are not offers. You may order the Privacy Service through online processes provided by the Registrar. Your properly completed and submitted order constitutes Your offer to subscribe for the Privacy Service. Your order for the Privacy Service will be deemed to be accepted by WSI when the Registrar or WSI confirms acceptance of the order through an online verification screen (the "Subscription Notice").

c) Subscription Term: The term of a Subscription may be different from the duration of the registration of the Subscribed Domain Name. The initial term of each Subscription will commence on the date specified in the applicable Subscription Notice and will continue for the period specified in the Subscription Notice, unless cancelled or terminated earlier in accordance with this Agreement. Unless otherwise expressly specified in the applicable Subscription Notice, and provided that the requirements for the Subscription set forth in this Agreement are satisfied, the term of each Subscription will automatically renew for additional consecutive one (1) year periods unless:

i) the Subscription is cancelled by the Account Holder before the end of the initial term or current renewal term (as applicable);

ii) the Subscription is terminated earlier in accordance with this Agreement; or (iii) WSI (directly or through the Registrar) gives notice to the Account Holder that the Subscription will not automatically renew. In this Agreement, references to the "term" of a Subscription includes both the initial term and each renewal term.

d) Cancellation by Account Holder: The Account Holder may cancel a Subscription at any time using the online controls available through the Registrar's website. Once a Subscription has been cancelled, it cannot be reactivated except through the process prescribed by WSI (which may require payment of a reactivation fee).

e) Automatic Termination: A Subscription will terminate automatically and immediately, without any refund of fees or any notice or liability You or any other person, upon any of the following:

i) the registration of the Subscribed Domain Name expires (is not renewed) or is cancelled or terminated;

ii) the Subscribed Domain Name is transferred from the Registrant to a different registrant;

iii) the Subscribed Domain Name is transferred from the Registrar to a different registrar;

iv) another Subscription by the Registrant is cancelled, expires or is terminated for any reason other than the transfer or cancellation of the domain name registration;

v) the Subscribed Domain Name is in a Restricted Domain and a Subscription regarding another Subscribed Domain Name in that Restricted Domain registered to the same Registrant is cancelled or terminated for any reason other than the transfer or cancellation of the domain name registration; or

vi) the Subscribed Domain Name is registered in the .ASIA domain and Webnames Asia Inc. is no longer the CED Contact for the Subscribed Domain Name.

f) .ASIA domain names: The Privacy Service is available for Domain Names in the .ASIA domain only during the period that Webnames Asia Inc. is acting as your CED Contact pursuant to the .ASIA CED Contact Agreement (copy available by clicking here). Additional fees are payable to Webnames Asia Inc. for that service, as specified on the Registrar's website.

6) Termination of Subscriptions by WSI:

a) For Convenience - With Refund: WSI may in its discretion and for its sole convenience terminate any Subscription upon seven (7) days notice to You, provided that upon such termination WSI will refund to the Account Holder the unused, pro rata portion (if any) of all pre-paid fees (if any) for the cancelled Subscription and WSI will not have any other liability to You or any other person.

b) For Cause - No Refund: WSI may in its discretion terminate any Subscription for cause effective immediately, and without any refund of any pre-paid fees or any other liability to You or any other person, if:

i) You breach this Agreement and fail to remedy the breach within seven (7) days after WSI gives notice of the breach to the Account Holder stating WSI's intention to terminate this Agreement if the breach is not remedied within seven (7) days; or

ii) the Account Holder and Registrant do not promptly provide all authorizations requested by the applicable Domain Name Registration Authorities and the Registrar required for the activation of the Subscription.

7) Consequences of Cancellation/Termination:

a) The Subscribed Domain Name: If a Subscription is cancelled or terminated for any reason:

i) WSI will no longer provide the WHOIS Information Service for the Subscribed Domain Name, and the WHOIS Database information for the Subscribed Domain Name will be changed to reflect the Registrant Information then on file with WSI or the Registrar; and

ii) WSI will no longer provide the Correspondence Processing Service for Correspondence relating to the Subscribed Domain Name.

b) Other Subscriptions: If a Subscription by a Registrant is cancelled, expires or is terminated for any reason and the Subscribed Domain Name is still held by the Registrant in the Account or another account administered by the Registrar, then all other Subscriptions will also be terminated automatically and immediately without any notice or liability to You or any other person, and the consequences specified in paragraph 11.a will apply.

c) Domain Names in Restricted Domains: If a Subscription for a Subscribed Domain Name in a Restricted Domain is cancelled, expires or is terminated for any reason, then the WHOIS Database information for all domain names in the Restrictive Domain registered by the Registrant through all other registrars will be changed to reflect the Registrant Information then on file with WSI or the Registrar.

8) Authorized Disclosure of Registration Information: You hereby authorize WSI to disclose the Registration Information (as updated by You from time to time), without any notice or liability to You or any other person, in the following circumstances:

a) if the disclosure is required by law (including to a government institution or agency that has asserted its lawful authority to obtain the information, to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to its legal counsel);

b) if the disclosure is requested or required by any Domain Name Registration Authority, a domain name registrar (including the Registrar), or Webnames Asia Inc.;

c) if the disclosure is required by any of the policies or rules applicable to a domain name dispute;

d) if there is an actual or reasonably anticipated claim, complaint, demand, action, suit or proceeding against WSI, Registrar, or Webnames Asia Inc. or any of their respective affiliates, personnel or representatives arising from, related to or connected with Your use of the Privacy Services or any domain name or related website; or (e) if the disclosure is required for the configuration of SSL certificates.

9) Fees and Charges:

a) General: The fees and charges for each Subscription are as set forth or referenced in the applicable Subscription Notice and as amended from time to time by WSI in accordance with this Agreement. WSI reserves the right to change the fees and charges for the Privacy Service at any time, provided that changes will not apply until the next billing period. The specified fees and charges do not include applicable taxes.

b) Payment: You will pay the fees, charges and applicable taxes for each Subscription. All fees, charges and applicable taxes are payable in advance. At the beginning of the initial term and each renewal term of a Subscription, WSI (directly or through the Registrar) will bill and collect payment for the applicable fees, charges and taxes for the entire initial term or renewal term (as applicable) in accordance with the payment information and instructions on file with the Registrar for the Account. It is Your responsibility to keep current all payment information for the Account on file with the Registrar. Except to the extent required by law, all amounts payable under this Agreement are payable in full without any deduction or withholding. Overdue payments will be subject to a finance charge of one and one-half percent (1½%) for each month (18% per annum) or fraction thereof that the payment is overdue, or the highest rate permitted by applicable law, whichever is lower. You will reimburse WSI for all costs (including legal fees, disbursements and expenses) incurred in collecting overdue payments. Except as expressly set forth in this Agreement, payments under this Agreement are not refundable under any circumstances (including cancellation or termination of a Subscription or the suspension or termination of this Agreement).

Your Obligations

1) Authorization to Domain Name Registration Authority: In order to activate the WHOIS Information Service for a Subscribed Domain Name, the Account Holder or Registrant may be required to give certain authorizations (including a "Confirm Without Approval" or "CWA" authorization) to the applicable Domain Name Registration Authority. You will ensure that the Account Holder and Registrant promptly provide all such requested authorizations.

2) Authority: You represent and warrant to WSI that now and at all times during the term of this Agreement, You have the right, power, capacity and authority (including all requisite consents, licenses, rights, authorizations and permissions from all interested persons) to enter into and perform Your obligations under this Agreement and to use the Privacy Service and to provide information and instructions to WSI and the Registrar regarding the Privacy Service in accordance with this Agreement.

3) Acceptable Use/Compliance with Laws and Policies: You represent and warrant to WSI, and will ensure throughout the term of this Agreement, that You will use the Privacy Service and the Subscribed Domain Names and related websites in good faith, in accordance with all applicable laws, and in compliance with this Agreement, the WSI Privacy Service Acceptable Use Policy, and with all applicable policies issued by the applicable Domain Name Registration Authorities and the Registrar; and Your use of the Privacy Service and Your registration, renewal and use of any Subscribed Domain Name and related websites do violate any applicable law or infringe the rights (including intellectual property rights) of any person.

4) Responsibility for Customer Group and Licensees: Each member of the Customer Group is jointly and severally responsible and liable for the acts and omissions of the other members of the Customer Group, their use of the Privacy Service, and payments due under this Agreement.

5) Security: You are solely responsible and liable for setting-up, maintaining and regularly reviewing the security arrangements concerning Your access to and use of the Privacy Service and information stored on Your computer systems. You will not do anything that might compromise the security of the Privacy Service or the systems used to provide the Privacy Service.

6) Codes: Access to and use of the online controls regarding the Account on the Registrar's website require the use of usernames or passwords (collectively "Codes") provided or approved by the Registrar. Codes may be cancelled or suspended at any time by the Registrar in their discretion without any notice or liability to You. If You have been issued Codes:

a) You are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes, including the use of the Codes to access and use the online controls;

b) You will keep the Codes secure and confidential at all times and not disclose the Codes to any unauthorized person; and

c) You will immediately notify the Registrar if You know or suspect that any Codes have been lost or stolen or become known to or used by any other person. WSI and the Registrar are not obligated to verify the actual identity or authority of any person using Codes to access and use the online controls. The Registrar may in its discretion immediately suspend or cancel a Code without any notice or liability to You or any other person if the Registrar considers any Code to be not secure or to have been used inappropriately.

7) Indemnity: You will defend, indemnify, and hold harmless the WSI Group from and against all Claims and Proceedings directly or indirectly arising from, connected with or relating to:

a) Your use of the Privacy Service, the Subscribed Domain Names or any related websites;

b) any breach of this Agreement or any agreement with the Registrar or a Domain Name Registration Authority by You or any person for whom You are responsible under this Agreement or at law;

c) any negligence or misconduct by You or any person for whom You are responsible under this Agreement or at law; or

d) any Claims or Proceedings among members of the Customer Group or between any member of the Customer Group and any other person. The WSI Group will have sole control over the defense of and settlement negotiations with third parties relating to all third party Claims and third party Proceedings. You will assist and co-operate as fully as reasonably required by WSI in the defense of all third party Claims and third party Proceedings. In this Agreement:

i) "Claims" means claims, counterclaims, complaints, demands, causes of action, liabilities, losses, obligations, damages, penalties, legal fees, costs, expenses, and disbursements, including reasonable lawyers' fees and court costs, of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract or statute;

ii) "Proceedings" means actions, suits, proceedings, and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board or tribunal; and

iii) "WSI Group" means WSI and the Registrar and their respective past, present and future directors, officers, employees, agents, subcontractors, service providers, representatives, successors, permitted assigns, parent companies, subsidiaries, affiliates, shareholders, related persons and each of them, jointly and severally.

8) Information: In order to enable WSI provide the Privacy Service and perform its obligations under this Agreement (including delivering Correspondence and notices to You), You will:

a) provide WSI and the Registrar with truthful, accurate, current and complete information (including name, postal and email addresses and telephone and fax numbers) regarding the Account Holder, all Registrants, and all Subscribed Domain Names as required by the applicable Domain Name Registration Authorities or the Registrar in connection with domain name registration and renewal procedures and as requested by WSI or the Registrar from time to time (collectively, the "Registrant Information");

b) promptly update the Registrant Information from time to time to keep it truthful, accurate, current and complete; and

c) respond within five (5) days to any request by WSI or the Registrar to update or confirm the accuracy and completeness of the Registrant Information held on file by WSI or the Registrar. WSI and other persons (including the Registrar and Domain Name Registration Authorities) will rely on the Registrant Information and other information You provide. You are solely responsible and liable for all loss, damage, and additional costs that You, WSI or any other person (including the Registrar and Domain Name Registration Authorities) may incur as a result of Your breach of this paragraph 21. WSI and the Registrar are not under any obligation to verify the truth, accuracy, currency, or completeness of any information You provide.

9) Responding to Communications: You will promptly respond to all communications from WSI and the Registrar.

10) Notices and Announcements: You consent to WSI sending notices (including by email) to You (care of the Account Holder or the Registrant) notifying You of information WSI considers is of potential interest to You, including important announcements or information relating to the Privacy Service (which You cannot opt out of receiving) and notices describing new products and services or providing other information of potential interest (which You can opt out of receiving).

11) Proprietary Rights:

a) Technology: As between the parties, WSI owns and retains all right, title and interest in, to and associated with the Privacy Service and all software and technology used to provide the Privacy Service, and the databases and information (including information regarding Domain Names and related transactions) created and maintained by WSI in connection with the Privacy Service. You will not acquire any right, title or interest in or to any software, technology, or databases used to provide the Privacy Service. All rights not expressly granted under this Agreement are reserved to WSI.

b) Trademarks: The WEBNAMESTM is owned by Webnames.ca Inc. and is used under license by WSI. Any use of the WEBNAMES trademark or other trademarks, service marks, trade names or logos displayed on or in connection with the Privacy Service is strictly prohibited, and nothing appearing on or in connection with the Privacy Service will be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of those marks.

12) Disclaimers, Liability Exclusions/Limitations, Releases:

a) GENERAL DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRIVACY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE; AND WSI DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTIES REGARDING THE PRIVACY SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WSI MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT THE PRIVACY SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE PRIVACY SERVICES WILL MEET YOUR REQUIREMENTS. THE PRIVACY SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND WSI'S CONTROL AND RESPONSIBILITY (INCLUDING THE SYSTEMS ESTABLISHED AND ADMINISTERED BY THE REGISTRAR AND RELEVANT DOMAIN NAME REGISTRATION AUTHORITIES), AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.

b) SPECIFIC DISCLAIMERS: WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION IN THIS PARAGRAPH 25, WSI IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY OF THE FOLLOWING:

i) NON-DELIVERY, MIS-DELIVERY OR DELAYED DELIVERY OF ANY CORRESPONDENCE;

ii) THE EXPIRATION, TERMINATION, SUSPENSION, CANCELLATION OR FAILURE TO RENEW OF THE PRIVACY SERVICE, AND THE RESULTING PUBLIC DISCLOSURE OF THE REGISTRANT INFORMATION;

iii) THE FAILURE TO BLOCK SPAM OR OTHER UNSOLICITED, COMMERCIAL CORRESPONDENCE;

iv) THE SELECTION, REGISTRATION AND RENEWAL OF DOMAIN NAMES AND TRANSACTIONS RELATING TO DOMAIN NAMES;

v) ANY ACTS, OMISSIONS OR MISCONDUCT BY THE REGISTRAR, ANY DOMAIN NAME REGISTRATION AUTHORITY, OR WEBNAMES ASIA INC. (INCLUDING ANY BREACH OF ANY CONTRACT, DUTY OR OBLIGATION TO YOU, ANY FAILURE OR REFUSAL TO REGISTER, RENEW OR TRANSFER A DOMAIN NAME, ANY UNAUTHORIZED CANCELLATION OR TRANSFER OF A DOMAIN NAME, OR ANY FAILURE, REFUSAL OR DELAY IN IMPLEMENTING CHANGES TO THE WHOIS DATABASE);

vi) ANY UNAUTHORIZED ACCESS TO OR USE OF THE PRIVACY SERVICES OR ANY UNAUTHORIZED INSTRUCTIONS PROVIDED USING THE CODES, WHETHER THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, INTENTIONAL MISCONDUCT, OR ANY OTHER METHOD;

vii) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR THEFT OF YOUR PERSONAL OR PRIVATE INFORMATION (INCLUDING THE REGISTRANT INFORMATION);

viii) THE DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS, OR FAILURE TO ACT UPON ANY CORRESPONDENCE (INCLUDING AUTHORIZED CORRESPONDENCE) SENT OR DELIVERED TO YOU;

ix) ANY DELAYS IN RECEIVING OR PROCESSING YOUR INSTRUCTIONS OR INFORMATION PROVIDED BY YOU (INCLUDING THROUGH THE ONLINE CONTROLS PROVIDED BY THE REGISTRAR);

x) ACCESS DELAYS OR INTERRUPTIONS TO THE REGISTRAR'S WEBSITE; AND

xi) ANY ACT OR OMISSION CAUSED BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE UNDER THIS AGREEMENT OR AT LAW (WHETHER AUTHORIZE BY YOU OR NOT).

c) LIABILITY EXCLUSIONS/LIMITATIONS:NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

i) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THEWSI GROUP OR ANY OF THEM EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSS AND DAMAGE (INCLUDING DAMAGES FOR LOSS OF BUSINESS, INFORMATION, DATA, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, OR GOODWILL, ANTICIPATED OR OTHERWISE [INCLUDING BY REASON OF ANY EXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS MADE IN ANTICIPATION OF THE CONTINUANCE OR PERFORMANCE OF THIS AGREEMENT OR A SUPPLEMENTARY AGREEMENT], OR ECONOMIC LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY RELATED MATTER; AND (II) IF, NOTWITHSTANDING THE FOREGOING, THE WSI GROUP OR ANY OF THEM IS LIABLE TO YOU OR ANY OTHER PERSON ARISING FROM, CONNECTED WITH, OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY RELATED MATTER, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THEIR TOTAL AGGREGATE LIABILITY EVER EXCEED THE LESSER OF:

(1) THE FEES PAID BY YOU TO WSI PURSUANT TO THIS AGREEMENT FOR THE SUBSCRIPTION(S) IN CONNECTION WITH WHICH THE LIABILITY AROSE DURING THE YEAR IN WHICH THE LIABILITY AROSE, AND

(2) CDN $100.

d) RELEASES: YOU HEREBY RELEASE, REMISE AND DISCHARGE THE WSI GROUP AND EACH OF THEM FROM:

i) ALL OBLIGATIONS, LIABILITIES, CLAIMS OR DEMANDS DISCLAIMED BY WSI IN THIS PARAGRAPH 25 OR IN EXCESS OF THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS PARAGRAPH 25; AND

ii) ALL OBLIGATIONS, LIABILITIES, CLAIMS OR DEMANDS ARISING FROM, CONNECTED WITH, OR RELATING TO WSI'S COMPLIANCE WITH WHAT IT REASONABLY BELIEVES TO BE AUTHENTIC:

(1) DIRECTIONS ISSUED BY RELEVANT DOMAIN NAME REGISTRATION AUTHORITIES; OR

(2) ORDERS OR JUDGMENTS ISSUED BY COURTS, ARBITRATORS, OR ADMINISTRATIVE PANELS CONSTITUTED PURSUANT TO DOMAIN NAME DISPUTE RESOLUTION POLICIES ESTABLISHED BY RELEVANT DOMAIN NAME REGISTRATION AUTHORITIES, INCLUDING ORDERS AND JUDGMENTS REGARDING THE DISCLOSURE OF REGISTRANT INFORMATION OR OTHER INFORMATION REGARDING YOUR REGISTRATION AND USE OF A DOMAIN NAME.

e) APPLICATION: THIS PARAGRAPH 25 APPLIES TO DAMAGES AND LIABILITIES UNDER ANY LEGAL THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LAW OR EQUITY OR STATUTE), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY THE WSIGROUP OR ANY OF THEM OR ANYONE FOR WHOM ANY OF THEM ARE RESPONSIBLE, AND EVEN IF THE WSI GROUP OR ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

f) FAIR ALLOCATION OF LIABILITY/OTHER RIGHTS: YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT (INCLUDING PARAGRAPHS 20 AND 25) REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY, WHICH IS REFLECTED IN THE FEES PAYABLE FOR THE PRIVACY SERVICES. THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS; AND THOSE PROHIBITIONS MAY APPLY TO YOU.

13) Term, Termination and Suspension

a) Term: The term of this Agreement will commence when You submit an initial order for Privacy Services and will continue until terminated by either the Account Holder (on behalf of the Customer Group) or WSI in accordance with this Agreement.

b) Termination for Convenience by Account Holder: The Account Holder, on behalf of the Customer Group, may terminate this Agreement at any time for convenience upon delivery of written notice to WSI, provided that the termination will be effective only upon WSI's receipt and processing of the termination notice. Except for the Account Holder, other members of the Customer Group may not terminate this Agreement.

c) Termination for Cause by WSI: WSI may terminate this Agreement at any time effective immediately upon notice to the Account Holder if:

i) You breach this Agreement and have not remedied the breach within seven (7) days after WSI gives notice of the breach to the Account Holder stating WSI's intention to terminate this Agreement if the breach is not remedied within seven (7) days;

ii) if You provide WSI with any false or misleading information, or if You fail to provide WSI with any information material to the provision of the Privacy Service; or

iii) if any agreement between You and the Registrar or the applicable Domain Name Registration Authority or Webnames Asia Inc. regarding the registration of a Domain Name is terminated for any reason.

d) Termination for Convenience by WSI: WSI may terminate this Agreement at any time for its sole convenience upon seven (7) days notice to the Account Holder, provided that upon such termination WSI will refund to the Account Holder the unused, prorata portion (if any) of all pre-paid fees (if any) for all Subscriptions that are terminated as a result of the termination of this Agreement.

e) Consequences of Termination/Expiration: If this Agreement expires or is terminated for any reason whatsoever:

i) all Subscriptions will automatically and immediately terminate, without any notice or liability to You or any other person;

ii) WSI will no longer provide the Privacy Service to You pursuant to this Agreement;

iii) You will immediately pay all fees and charges accrued up to the date of termination and applicable taxes, without any right of deduction or set off;

iv) You will not be entitled to a refund of any pre-paid fees, charges or taxes; and

v) this Agreement will continue to apply and be binding upon You regarding Your prior access to and use of the Privacy Service.

f) Survival: Notwithstanding any other provision of this Agreement, the following provisions of this Agreement, and all other provisions necessary to their interpretation or enforcement, will survive indefinitely after the expiration or termination of this Agreement and will remain in full force and effect and be binding upon the parties as applicable: Sections 11, 12, 13, 17, 20, 23, 24, 25, and 27 and paragraphs 26.e and 26.f.

g) Suspension: WSI may in its discretion, and in addition to its other remedies, immediately and indefinitely suspend providing the Privacy Service to You without any prior notice or liability to You or any other person if You fail to make any payment when due.

14) General:

a) Records: WSI and the Registrar may in their discretion create and permanently retain records regarding the Privacy Service provided to You and all related communications between You and WSI or the Registrar (including all information and instructions You provide to WSI or the Registrar). The electronic records maintained by or on behalf of WSI and its service providers and the Registrar are, unless proven wrong, conclusive evidence of Your use of the Privacy Service and Your dealings with WSI. You will not object to the admission of any of those records as evidence in any legal proceeding on the ground that such records are electronic, not originals, are not in writing, are hearsay, or are documents containing information extracted from a computer or database.

b) Unsolicited Submissions: If You submit any comments, ideas, suggestions or other materials (collectively, "Submissions") to WSI or to the Registrar regarding the Privacy Service, You automatically grant (or warrant that the owner of the Submissions grants) to WSI a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation or attribution to You or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and You warrant and represent that all moral rights in the Submissions are waived in favour of WSI and its successors, assigns and licensees.

c) Governing Law and Disputes: This Agreement and all related matters will be governed by, and construed in accordance with, the laws of British Columbia, Canada and the federal laws of Canada applicable in British Columbia, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply. All disputes between WSI and the Customer Group or any other person arising from, connected with, or relating to this Agreement, the Privacy Services, or any related matters will be determined by the Supreme Court of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and the parties hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court for those purposes.

d) Notices: All notices to be given by You to WSI under this Agreement will be in writing and will be delivered by courier or by facsimile transmission to the following address, or at such other address as we may specify from time to time: Webnames Services Inc., Suite 333 - 333 Terminal Ave., Vancouver, BC V6A 4C1, fax no. 604.633.3174, Attention: President. All notices to be given by WSI to You under this Agreement will be in writing and will be delivered either:

i) by website posting (either on the WSI website or the Registrar's website);

ii) by courier, facsimile transmission, or email to addresses for the Account Holder or the Registrant in the information the Registrar has on file; or

iii) by email to the administrative contact for any Domain Names in the actual Registrant Information that WSI or the Registrar have on file. If WSI sends a notice to You by email:

(1) the notice will be deemed to be received by You when the email is sent by WSI, and regardless of whether or not You actually receive, access or read the email and even if the email address is invalid or the email is otherwise rejected as undeliverable; and

(2) WSI is not be obligated to verify Your receipt of the email or deliver the notice to You using any other delivery method; and

(3) You are solely responsible for ensuring that the Registrant's email address on file with WSI and the Registrar are current and operate properly.

e) Enurement and Assignment: The provisions of this Agreement will enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. You may not assign this Agreement or Your rights, entitlements or obligations under this Agreement. WSI may assign this Agreement and its rights, entitlements or obligations under this Agreement.

f) Interpretation and Language: In this Agreement:

i) a reference to "this Agreement" and other similar terms refers to the agreement as a whole and not just to the particular provision in which those words appear;

ii) headings are for reference only and do not define, limit or enlarge the scope or meaning of the agreement or any of its provisions;

iii) words importing persons include individuals, partnerships, associations, trusts, unincorporated organizations, societies, and corporations;

iv) words importing the singular number only include the plural and vice versa;

v) words importing either gender include both genders;

vi) "including" means including without limitation; and

vii) reference to a day or year means a calendar day or year, unless expressly stated otherwise. Customer Group expressly requests and requires that this Agreement, Supplementary Agreements, the WSI Privacy Service Acceptable Use Policy, and all other related documents be drawn up in the English language. Les parties conviennent etexigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

15) General: This Agreement is the entire Agreement between You and WSI regarding the Privacy Services and related matters, and supersedes all previous communications, agreements, or understandings, whether oral or written, regarding those matters. If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable, all other provisions will remain in full force and effect. WSI and the Customer Group are independent contractors, and nothing in this Agreement or done pursuant to this Agreement will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between WSI and any member of the Customer Group. Notwithstanding any other provision of this Agreement, WSI will not be responsible or liable for any delay in performing or failure to perform any of its obligations under this Agreement to the extent performance is delayed or prevented due to any cause or causes that are beyond WSI's reasonable control. WSI may in its discretion engage subcontractors or service providers to perform its obligations under this Agreement, including payment processing. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of any such severance this Agreement would fail in its essential purpose. No consent or waiver by WSI to or of any breach by You of this Agreement:

a) will be effective unless in writing and signed by the parties; or

b) will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach. Except as expressly set forth in this Agreement, the parties' respective rights and remedies under this Agreement are cumulative and not exclusive of any other rights or remedies to which the parties may be lawfully entitled under this Agreement s or at law or equity, and the parties will be entitled to pursue any and all of their respective rights and remedies concurrently, consecutively and alternatively. You expressly request and require that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en Anglais.

WSI Privacy Service Acceptable Use Policy

This version in effect since 27 August 2014

General Rules

Use of the WSI Privacy Service, the domain names that are subject to the Privacy Service and the related websites must be lawful, ethical, and respectful of the legal rights and interests of all other persons. Without limiting the generality of the foregoing, the following rules apply to the use of the WSI Privacy Service, the domain names that are subject to the Privacy Service and the related websites:

  • Lawful Use: Use of the WSI Privacy Service, the domain names that are subject to the Privacy Service and the related websites must comply with all applicable laws.
  • Other Person's Rights: Use of the WSI Privacy Service, the domain names that are subject to the Privacy Service and the related websites must not infringe the rights (including without limitation personal information privacy and personality rights and intellectual property rights) of any other person, or assist any person to infringe the rights of any other person. Without limiting the generality of the foregoing, the websites must not include any material that is or could be considered to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person's privacy, promoting or providing instructional information about illegal activities, hateful, or racially, ethnically or otherwise objectionable.
  • No Disruptive Use: The domain names that are subject to the Privacy Service and the related websites must not be used or permitted to be used, directly or indirectly, in any manner or for any purpose that damages, disables, harms, overburdens or impairs any portion of the systems and services of WSI, the Registrar, or any Domain Name Registration Authority, or any other person's use and enjoyment of those systems and services or the Internet generally, or has the potential to do any of the foregoing (as determined by WSI in its discretion), including without limitation an excessive amount of traffic to or from the websites, an excessive distribution of data by or through the websites, or any other uses that may damage, disrupt, compromise or degrade the integrity, efficiency, performance or security of any systems or services or that may otherwise result in the circumvention or breach of any user authentication, password, security or control measures regarding those systems and services or any other Internet resource or computer system.
  • No Harmful Content: The domain names that are subject to the Privacy Service and the related websites must not be used to directly or indirectly distribute, transmit, communicate, or otherwise make available any materials that contain any intentional or unintentional virus, trojan horse, worm, time bomb, cancelbot, spyware, malware, disabling device or other computer code that may damage, disrupt, disable, compromise, degrade, harm, detrimentally interfere with, surreptitiously intercept or expropriate, interrupt, lock, disable, erase, limit the functionality or use of, or otherwise adversely affect, or facilitate unauthorized access to or use of, any system, service, or data, or any materials that have had any copyright management information or controls altered or removed without the express permission of the owner of the materials.
  • No Spam: The domain names that are subject to the Privacy Service and the related websites must not be used to directly or indirectly post, upload, reproduce, distribute or otherwise transmit, or collect responses from, any unauthorized or unsolicited email messages, unsolicited junk or bulk messages, unsolicited commercial messages, chain letters, and other forms of spam. WSI reserves the right to determine in its discretion whether a message constitutes spam.
  • Prohibited Products or Services: The domain names that are subject to the Privacy Service and the related websites must not be used to advertise, sell, promote or facilitate transactions relating to escort services; firearms; illegal drugs; information used to circumvent copy-protection devices; pharmaceutical or other controlled substances; sexual or adult paraphernalia; unauthorized copies of computer programs; weapons or instructions how to assemble, make or use weapons; or any products or services that are unlawful under any applicable laws.
  • No Gaming: The domain names that are subject to the Privacy Service and the related websites must not be used to directly or indirectly offer or participate in gambling or other forms of gaming (including without limitation sweepstakes, raffles, lotteries, contests, or pyramid or Ponzi schemes).
  • Prohibited Purposes: The domain names that are subject to the Privacy Service and the related websites must not be used, directly or indirectly, for any purpose or in any manner that is or may be abusive, contain nudity, deceptive, defamatory, derogatory, discriminatory, false, fraudulent, harassing, harmful, hateful, indecent, intimidating, invasive of the privacy rights of others, libelous, misleading, objectionable, obscene, offensive, pornographic, profane, racist, sexist, sexually explicit, slanderous, threatening, violent, vulgar, unlawful or otherwise objectionable (as determined by WSI in its discretion), or which advocate, depict, encourage, or tend to incite any such conduct, the commission of a crime or other unlawful activities (including Ponzi or pyramid schemes).

Compliance and Consequences

WSI may in its discretion determine whether this Acceptable Use Policy has been violated, and may take such technological and other steps as it considers appropriate in its discretion to stop the violation of this Acceptable Use Policy.

Violations of this Acceptable Use Policy constitute a breach of the WSI Privacy Service Subscription Agreement, and may result in termination or suspension of privacy services and other consequences.

WSI's failure to enforce this Acceptable Use Policy, for whatever reason, will not be construed as a waiver of any preceding or subsequent violation of this Acceptable Use Policy. WSI will not be liable to its customers or any other person for failure to enforce this Acceptable Use Policy.

Nothing in this Acceptable Use Policy limits WSI's rights or remedies in any way with respect to any violation of this Acceptable Use Policy or breach of the WSI Privacy Service Subscription Agreement, and WSI reserves all of its rights and remedies regarding those matters.

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