10Corp, a leader in online privacy, offers free domain registration privacy services for all eligible domains. The domain registration privacy service is provided through a third-party service selected by 10Corp, referred to as the “WHOIS Privacy Service.”
This WHOIS Privacy Service Agreement (“WhoisProxy”) outlines the terms that apply when you use, whether free or by purchase, the WHOIS Privacy Service provided by 10Corp. This WhoisProxy supplements and is in addition to any other 10Corp terms that apply to you, such as our Universal Terms of Service and Domain Registration Agreement. By using or continuing to use the WHOIS Privacy Service offered by 10Corp, you acknowledge and agree to these terms.
In this WhoisProxy, “you” and “your” refer to you, your agents, employees, servants, or anyone authorized to act on your behalf, as well as the 10Corp Registrant listed in the WHOIS contact information for the domain name. This agreement explains 10Corp’s obligations to you and your obligations to 10Corp in connection with the WHOIS Privacy Services.
Privacy Services
10Corp has selected WhoisProxy.com as its third-party provider of WHOIS Privacy Services. WhoisProxy.com’s services include using its contact information (address, phone, and email) for all relevant WHOIS fields that would otherwise be publicly displayed. WhoisProxy.com will provide a privacy-protected means for third parties to contact you as the domain registrant. Your personal and WHOIS information will not be shared with WhoisProxy.com, as they do not collect or receive your personal information.
Your use of WhoisProxy.com’s privacy service is subject to your compliance with these terms. You can find more information about WhoisProxy.com by visiting their website.
Your Rights and Responsibilities
You acknowledge and agree that 10Corp’s WHOIS Privacy Services are third-party services providing domain privacy protection only. You must agree to the terms of 10Corp’s Domain Registration Agreement, which stipulates that you are responsible for the appropriate and legally permissible use of your domain. This includes resolving any monetary or legal claims related to your protected domain(s) as per the provisions of this WhoisProxy, your Domain Registration Agreement, and/or Hosting Services Agreement with 10Corp, and the applicable WhoisProxy.com Terms (collectively “Agreements”).
Your Representations and Warranties
You represent and warrant that all information provided by you under 10Corp’s Agreements is truthful, complete, current, and accurate, and will remain so throughout the term of the Agreements. You also warrant that you are using the WHOIS Privacy Services in good faith, and your protected domain or associated IP address content does not infringe on the legal rights of any third party. Furthermore, you warrant that the WHOIS Privacy Services and protected domain(s) will not be used for illegal activities, violate 10Corp’s Acceptable Use Policy, or be used to send unsolicited commercial emails (“Spam”). You will not provide any third party with WhoisProxy.com addresses for the purpose of transmitting communications through WhoisProxy.com.
Suspension or Termination and Disclosure of Your Personal Information
Despite 10Corp’s provision of WHOIS Privacy Services, you explicitly agree to 10Corp’s right and/or obligation to disclose your privacy-protected information to relevant third parties or the public under the following conditions:
- To comply with any applicable laws, government rules or requirements, subpoenas, court orders, or law enforcement requests.
- If 10Corp is named as a defendant in or investigated for any legal or administrative proceeding arising from your use of the WHOIS Privacy Services or a protected domain.
- To comply with ICANN’s Dispute Resolution Policy or other policies.
- To avoid financial loss or legal liability (civil or criminal) for 10Corp or its affiliates.
- To protect the integrity and stability of the applicable domain name registry.
- If required by our WHOIS Privacy Service provider, Backend Provider, or Registry via contract.
WhoisProxy.com may be required to remove services in certain situations. While WhoisProxy.com does not have access to your personal information, legal requirements may compel the removal of its services. In such cases, WhoisProxy.com will notify and work with 10Corp to determine if privacy can still be secured for the domain in question.
If 10Corp or WhoisProxy.com decides to take any of the above actions or you elect to disable the WHOIS Privacy Service, neither 10Corp nor WhoisProxy.com will be liable to you for any reason.
Communications
The WHOIS Privacy Services provided by WhoisProxy.com include the use of its physical address, phone number, and an anonymized email address for third parties to contact you. The anonymized email address will forward messages to the email address you have on file with 10Corp. If the email address you have with 10Corp becomes non-functioning, neither 10Corp nor WhoisProxy.com is obligated to attempt to contact you through other means.
For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL) or first-class mail that does not appear to be unsolicited commercial mail, WhoisProxy.com may either forward the communication to 10Corp to forward to you or communicate a scanned copy of the communication to ascertain how 10Corp wishes to proceed. WhoisProxy.com may discard unsolicited communications or return them to the sender unopened.
You waive any claims arising from your failure to receive communications directed to your domain name but not forwarded to you by 10Corp or WhoisProxy.com.
Limitation of Liability
Under no circumstances shall 10Corp or its chosen third-party privacy service provider, including WhoisProxy.com, be liable for any direct, indirect, incidental, punitive, special, or consequential damages related to this WhoisProxy, your domain name registration, the WHOIS Privacy Services, or your use or inability to use 10Corp’s website(s). This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability, or any other basis.
In some jurisdictions, the limitation or elimination of liability for consequential or incidental damages is not permitted, so 10Corp’s liability in such jurisdictions shall be limited to the greatest extent permitted by law. If any provision of this limitation of liability is found to be unenforceable, only that provision shall be removed, and the remainder shall be enforced to the greatest extent permitted by law.
Indemnity and Defense
You agree to defend, release, indemnify, and hold harmless ICANN, registry operators, 10Corp, and their contractors, agents, employees, officers, directors, shareholders, and affiliates from all liabilities, claims, and expenses, including attorney’s fees and court costs, for third-party claims relating to or arising from the WhoisProxy, the WHOIS Privacy Services, or your use of the WHOIS Privacy Services.
If 10Corp is involved in a suit related to the WHOIS Privacy Services provided to you, 10Corp may seek written assurances from you to defend, indemnify, and hold 10Corp harmless from costs and liabilities. Failure to provide such assurances may be considered a breach of this WhoisProxy, resulting in the loss of your right to control the domain name services.
Should 10Corp be forced to defend itself in any action related to the WHOIS Privacy Services, you are responsible for defending 10Corp. This indemnification is in addition to any required under the Uniform Domain Name Dispute Resolution Policy (“UDRP”).
You also agree to release, defend, indemnify, and hold harmless the third-party service provider of the WHOIS Privacy Service and their affiliates from any claims, demands, liabilities, losses, damages, or costs arising from the Agreements or your use of the privacy-protected domain.
Whois Privacy Service Provider Warranty Disclaimer
The WHOIS Privacy Service Provider and its affiliates disclaim all representations and warranties in connection with this WhoisProxy, the services provided, and their websites, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, and non-infringement. All services are provided “as is,” and your subscription and use of the services are entirely at your own risk.
Governing Law and Jurisdiction for Disputes
Except as set forth in the UDRP or any similar ccTLD policy, this WhoisProxy and all actions contemplated by it shall be governed by the laws of the United States and the State of Arizona. Any action brought by you to enforce this WhoisProxy must be brought exclusively in the United States District Court of Arizona or, if there is no jurisdiction, in a state court in Maricopa County, Arizona. You consent to the jurisdiction of these courts.
You agree to waive the right to trial by jury in any proceeding related to or arising from this WhoisProxy. Any suit against WhoisProxy.com must be brought exclusively in the Courts of Reykjavik, Iceland, with Icelandic substantive laws governing the dispute.
Notices
Any notices required under this WhoisProxy will be deemed given if delivered according to the account and/or domain name WHOIS information you provided.
Final Agreement
This WhoisProxy, the referenced Agreements, the ICANN Policy, and the UDRP constitute the complete agreement between you and 10Corp, superseding all prior proposals, agreements, or communications. This agreement may only be amended by a written document signed by both you and an authorized representative of 10Corp.
No Third-Party Rights
This WhoisProxy is intended for the benefit of you, 10Corp, 10Corp’s selected WHOIS Privacy Service provider, and their successors and permitted assigns. It is not for the benefit of any other person or entity. You are not a party to the contract between 10Corp and its WHOIS Privacy Service provider and have no third-party rights vis-à-vis such provider. Your sole rights exist between you and 10Corp.
No Agency Relationship
Nothing in this WhoisProxy shall
be interpreted as creating an agency relationship, partnership, or joint venture between you and 10Corp or its WHOIS Privacy Service provider.
10Corp and WhoisProxy.com are committed to protecting your privacy while ensuring compliance with applicable legal requirements. By understanding and agreeing to this WhoisProxy, you can enjoy the benefits of domain privacy protection with the confidence that your personal information remains secure.