Introduction
10Corp, as a proud leader in online privacy, provides free domain registration privacy service for all eligible domains. The domain registration privacy service is offered using a third-party service provider selected by 10Corp (“WHOIS Privacy Service”).
This WHOIS Privacy Service Agreement (“WhoisProxy”) sets forth the terms that apply when you use, whether by purchase or free, WHOIS Privacy Service provided by 10Corp. This WhoisProxy supplements and is in addition to any other 10Corp terms that apply to you and your use of 10Corp services, such as our Universal Terms of Service and Domain Registration Agreement. By using or continuing to use WHOIS Privacy Service offered by 10Corp, you acknowledge and agree to these terms.
In this WhoisProxy, “you” and “your” refer to you and any agent, employee, servant, or person authorized to act on your behalf, and the 10Corp Registrant listed in the WHOIS contact information for the domain name. This WhoisProxy explains 10Corp’s obligations to you in connection with your WHOIS Privacy Services and explains your obligations to 10Corp.
Privacy services
10Corp has selected WhoisProxy.com as its third-party provider of WHOIS Privacy Services.
WhoisProxy.com’s privacy services include the use of its contact information (address, phone, and email) for all relevant WHOIS fields that may be otherwise publicly displayed. Accordingly, as part of this service, WhoisProxy.com may be contacted by third parties who wish to reach you as the domain registrant. WhoisProxy.com will provide a privacy-protected means for such third parties to reach you.
Your personal and WHOIS information will not be shared with WhoisProxy.com. WhoisProxy.com does not collect, nor are they provided with, your personal information.
However, 10Corp’s provision of WhoisProxy.com’s privacy service for WHOIS Privacy Services is subject to your compliance with these terms.
You may find more information about WhoisProxy.com by visiting their site.
https://www.whoisproxy.com/terms-and-conditions.php
Your rights and responsibilities
You acknowledge and agree that you understand that 10Corp’s WHOIS Privacy Services are third-party services and provide domain privacy protection only. You further acknowledge and agree to the terms of 10Corp’s Domain Registration Agreement, which includes that you alone are responsible for the appropriate and legally permissible use of your domain. This means that you will remain responsible to resolve any and all monetary or other legal claims that arise in connection with your protected domain(s) that are subject to the provisions of this WhoisProxy, your Domain Registration Agreement, and/or Hosting Services Agreement with 10Corp and applicable WhoisProxy.com Terms (collectively “Agreements”).
Your representations and warranties
You represent and warrant that all information provided by you pursuant to 10Corp’s Agreements are truthful, complete, current, and accurate, and you represent and warrant that you will maintain all information in this status throughout the term of the Agreements.
You also represent and warrant that you are using the WHOIS Privacy Services in good faith and that you have no knowledge or reason to believe that your protected domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party’s trademark or trade name.
You also warrant that neither the WHOIS Privacy Services nor protected domain(s) will be used in connection with any illegal activity, activity that violates 10Corp’s Acceptable Use Policy, or, in connection with the transmission of unsolicited commercial email(s) (“Spam”). Further, you represent and warrant that you will not provide any third party with the WhoisProxy.com Addresses for the purpose of having such third party transmit communications to you through WhoisProxy.com.
Suspension or termination and disclosure of your personal information
Notwithstanding 10Corp’s provision of WHOIS Privacy Service, you explicitly agree and consent to 10Corp’s right and/or obligation to disclose your privacy-protected information to relevant third parties and/or the public in the event any of the following occur:
- If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders, or requests of law enforcement;
- If 10Corp 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 protected domain;
- If necessary to comply with ICANN’s Dispute Resolution Policy or other policies promulgated by ICANN;
- If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of 10Corp or its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, and employees;
- If necessary to protect the integrity and stability of the applicable domain name registry; or
- If it is required by our WHOIS Privacy Service provider, a Backend Provider or Registry via contract.
You also acknowledge that WhoisProxy.com removal of Services may happen in limited situations. While WhoisProxy.com cannot disclose Customer personal information because such information is not delivered to WhoisProxy.com, there may be circumstances where WhoisProxy.com is legally required to remove its services. In this situation, WhoisProxy.com will notify and work with 10Corp in advance, where possible and reasonable in its sole discretion, to determine if privacy, in whole or in part, may still be secured for the domain in question and in an appropriate circumstance.
In the event that 10Corp and/or WhoisProxy.com decides or is required to take any of the actions set forth above or in the event you elect to explicitly disable the WHOIS Privacy Service for any reason, you agree that neither 10Corp nor WhoisProxy.com shall be liable to you for any reason.
Communications
The WHOIS Privacy Services offered by WhoisProxy.com provide the use of WhoisProxy.com’s physical address and phone number as a means for third parties to reach you. It also provides an anonymized email address for your use. With WhoisProxy.com’s services, 10Corp is provided with the technological solution to use such anonymized email as a forwarding mechanism to the email address you have on file with 10Corp. When third parties try to communicate with you via WhoisProxy.com’s physical address, phone, or anonymized email, you agree to the following terms:
For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class mail which does not appear to be unsolicited commercial mail, you agree that WhoisProxy.com may either i) forward such communication to 10Corp to forward to you or ii) may attempt to communicate to 10Corp a scanned copy of a page of the communication to ascertain how 10Corp wishes WhoisProxy.com to proceed with respect to that communication.
You understand that WhoisProxy.com may, in its own judgment and discretion, elect to not forward such first class postal mail or email, fax, postal mail, or telephone communications which appear to be unsolicited communications, which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from your use of the WHOIS Privacy Services administered by WhoisProxy.com as a general mail forwarding service. You authorize WhoisProxy.com to either discard all such communications or return all such communications to the 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 10Corp or by WhoisProxy.com, including such failures which arise from either party’s mistake of judgment made in good faith in determining whether a communication is or is not an unsolicited communication.
With the WHOIS Privacy Services administered by WhoisProxy.com, an email address will be automatically generated for the corresponding Protected Domain (e.g. XXXXX.protect@withheldforprivacy.org). Thereafter, when messages are sent to the email address listed in the WhoisProxy.com Address, the message will be automatically forwarded to the email address you provided to 10Corp. If the email address you have with 10Corp becomes non-functioning or if the email to such address bounces, you agree that neither 10Corp nor WhoisProxy.com shall not be obligated to attempt to contact you through other means.
Limitation of liability
UNDER NO CIRCUMSTANCES SHALL NEITHER 10Corp OR ITS CHOSEN THIRD-PARTY PRIVACY SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO WhoisProxy.com, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS WhoisProxy, YOUR DOMAIN NAME REGISTRATION, THE WHOIS PRIVACY SERVICES ADMINISTERED BY WhoisProxy.com OR OTHER SELECTED THIRD PARTIES, YOUR USE OR INABILITY TO USE THE 10Corp WEBSITE(S) OR THE MATERIALS AND CONTENT OF THE WEBSITE(S) OR ANY OTHER WEBSITES LINKED TO SUCH WEBSITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY AS OUTLINED HEREIN. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF 10Corp 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, 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 SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
You further understand and agree that 10Corp disclaims any loss or liability resulting from:
- The inadvertent disclosure or theft of your personal information;
- The removal of privacy services offered by WhoisProxy.com;
- Data non-delivery or inaccurate delivery between you and the providers of the WHOIS Privacy Services;
- The unauthorized use of your account;
- Errors, omissions, or misstatements by providers of WHOIS Privacy Services;
- Deletion of, failure to store, failure to process, or act upon email messages sent to or forwarded to either you or the email address listed for your protected domain;
- Processing of updated information regarding your account;
- Any act or omission caused by you or your agents (whether authorized by you or not).
YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND BACKEND SERVICE PROVIDERS’ RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU FOR IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR $100.00 PER PROTECTED DOMAIN.
Indemnity and defense
With respect to ICANN, the registry operators, and 10Corp, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under the WhoisProxy, the WHOIS Privacy Services provided hereunder, or your use of the WHOIS Privacy Services, including, without limitation, infringement by you, or by anyone else using the WHOIS Privacy Services provided to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of 10Corp’s operating rules or policies relating to the WHOIS Privacy Services provided.
When 10Corp may be involved in a suit involving a third party and which is related to the WHOIS Privacy Services, administered by WhoisProxy.com and/or a provider of our choice, to you under this WhoisProxy, 10Corp may seek written assurances from you in which you promise to defend, indemnify and hold 10Corp harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in 10Corp’s sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by 10Corp to be a breach of this WhoisProxy by you and may, in 10Corp’s sole discretion, result in the loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which 10Corp is the registrar of record.
Should 10Corp be forced to defend itself in any action or legal proceeding in connection with any WHOIS Privacy Services provided to you, you shall have sole responsibility to defend 10Corp against any such claim by legal counsel of its choosing. This indemnification is in addition to any indemnification required under the Uniform Domain Name Dispute Resolution Policy (“UDRP”).
You agree to release, defend, indemnify and hold harmless the third-party service provider of the offered WHOIS Privacy Service, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to the Agreements and/or your use of your privacy protected domain.
The terms of this Section will survive any termination or cancellation of this WhoisProxy.
Whois privacy service provider warranty disclaimer
THE WHOIS PRIVACY SERVICE PROVIDER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS WhoisProxy, THE SERVICES PROVIDED HEREUNDER, THE WEB SITES OF THE WHOIS PRIVACY SERVICE PROVIDER OR ANY WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL WHOIS PRIVACY SERVICE PROVIDER SERVICES, AS WELL AS THE WHOIS PRIVACY SERVICE PROVIDER WEB SITE, ARE PROVIDED “AS IS”. YOUR SUBSCRIPTION TO AND USE OF WHOIS PRIVACY SERVICE PROVIDER’S SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
Governing law and jurisdiction for disputes
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration this WhoisProxy, your rights and obligations, and all actions contemplated by this WhoisProxy shall be governed by the laws of the United States of America and the State of Arizona.
You agree that any action brought by you to enforce this WhoisProxy or any matter brought by you and which is against or involves 10Corp and which relates to your use of the Services offered by 10Corp directly shall be brought exclusively in the United States District Court of Arizona, or if there is no jurisdiction in such court, then in a state court in Maricopa County, State of Arizona. You consent to the personal and subject matter jurisdiction of any state or Federal court in Maricopa County, State of Arizona in relation to any dispute between you and 10Corp under this WhoisProxy. You agree that service of process on you by 10Corp in relation to any dispute arising under this WhoisProxy may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS WhoisProxy.
In the event that You elect to bring suit against WhoisProxy.com, any such suit must be brought exclusively before the Courts of Reykjavik, Iceland. With respect to the adjudication of any claim against WhoisProxy.com, You consent to the personal and subject matter jurisdiction of the applicable Court in Reykjavik, Iceland and, further, consent that Icelandic substantive laws shall exclusively govern the subject dispute.
Notices
You agree that any notices required to be given under this WhoisProxy by 10Corp to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
Final agreement
This WhoisProxy, the referenced Agreements incorporated herein, the ICANN Policy, and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and 10Corp, and supersede and govern all prior proposals, agreements, or other communications. This WhoisProxy may not be amended or modified by you except by means of 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 respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other person or entity.
Further, you agree that you are not a party to the contract between 10Corp and its selected WHOIS Privacy Service provider. As such, you acknowledge and agree that you have no third-party rights vis-à-vis such provider and that your sole rights exist between you and 10Corp, which are governed by this WhoisProxy plus any related agreements.
In addition, no rights are intended nor are they created for anyone who is not a direct party of this WhoisProxy.
No agency relationship
Nothing contained in this WhoisProxy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto, including the WHOIS Privacy Service Provider. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance, or otherwise.
No waiver
Any failure on the part of 10Corp to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by 10Corp of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Enforceability
In the event that any provision of this WhoisProxy shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this WhoisProxy unenforceable or invalid as a whole. 10Corp will amend or replace such provision with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.
Force majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over 10Corp or its affiliates, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this Section
- shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and
- shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, 10Corp may immediately terminate this WhoisProxy.
Headings
The section headings appearing in this WhoisProxy are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or extent of such section or in any way affect such section.
Unsupported TLDs
Due to registry restrictions, some TLDs do not allow WHOIS privacy services. Currently, the registries for the following TLDs prohibit the use of privacy services and, therefore, 10Corp’s domain privacy service is unavailable:
.ca, .law, .nyc, .us, .uk, .co.uk, .org.uk, .me.uk, .gg, .je, .in, and .co.in.
What does this mean?
Sharing of customer-identifiable information
When you register a domain, you enter into a contract with and agree to a registry’s terms for that TLD. Where a registry prohibits and/or restricts privacy services, you will be required to agree to these restrictions.
Restrictions usually require that you agree to and instruct 10Corp to share your information with the registry. Restrictions can further require that 10Corp make your registration information (i.e., Whois) publicly available.
Public display of customer-identifiable information
Unless strictly prohibited by the registry, 10Corp can and will control the display of customer-identifiable information that it holds. However, 10Corp cannot control the display of such information by the registry or third parties with whom the registry shares such information or have access to information that a registry has made publicly available.
Once the registration information is transferred to the registry, its display is subject to the registry’s policies, which are the terms that you have agreed to. In addition, we have no control over third-party WHOIS services or tools that have been given access to customer-identifiable information due to a registry’s terms.
Registry policy
Public display information for the following TLDs can be found on the following registry websites. These policies may change at the direction of the registry, and, therefore, we recommend that you review their terms to ensure you have the most current information.
.ca: https://www.cira.ca/en/legal-policy-and-compliance/canadian-presence-requirements/
.law, .abogado: https://registry.godaddy/legal/privacy-policy
.nyc: https://www.ownit.nyc/policies/nyc-proxy-registration-policy
.us: https://www.about.us/policies/us-privacy-services-policy
.uk, .co.uk, .org.uk, .me.uk: https://www.nominet.uk/privacy-notice/
.gg, .je: https://www.channelisles.net/legal/disclosure
.in, .co.in: https://registry.in/system/files/Terms_and_Conditions_for_Registrants.pdf