As a Proxy Name Services User, You are eligible for a free Domain Name for one (1) year. This Agreement sets forth Your rights and obligations with respect to Your domain name. By registering this domain You indicate that You have read and understood this Agreement and You will be bound by its terms.
A. “Parties” mean Proxy Name Services and You. Proxy Name Services and You are each a “Party.”
B. “Terms” mean and refer to the Terms and Conditions set forth herein.
C. “Us” and “We” and “Our” mean and refer to Proxy Name Services.
D. “User” refers to a person who has created a Proxy Name Services Account. “User Account” refers to a User’s Proxy Name Services Account.
E. “You” and “Your” means the Proxy Name Services User who has executed this Agreement by accepting a domain name from Proxy Name Services.
II. Domain Name Rights.
At no time will You purchase or otherwise obtain ownership rights in any Domain Name from Us. You will receive rights to exclusive use of a domain name from Us until this Agreement is terminated or cancelled by Us, as set forth below. Your right to use of a domain name is always subject to the power of a court of competent jurisdiction and any applicable domain name registry or its dispute resolution agent. We cannot guarantee that You will obtain any particular domain name, even if a domain name appear to be available at the time of Your application. You agree that neither the registration of the domain name nor Your intended use of it, infringes upon the legal rights of a third party and that the domain name is not being registered for, nor shall it at any time be used for, any unlawful purpose. Users may request a domain name transfer by contacting firstname.lastname@example.org. Both the potential transferor and potential transferee must agree to the transfer, and the transfer will be granted or denied in Proxy Name Services sole and absolute discretion. Charges and other conditions may apply to any transfer.
III. Term; 12-Months Free; Charges.
Your rights to use a domain name will commence when You accept your domain and You will continue to be able to use the domain name until this Agreement is cancelled or terminated as provided herein. You will have the use of one (1) domain name, without charge, for the space of one (1) year from the time You click “I Agree.” Any additional domain will be charged as stated on the sales page. Beginning at the one (1) year anniversary of Your clicking “I agree,” You will not be charged an annual fee for Your use of the one domain name. The annual fee is subject to change without notice. Annual fees may vary between domain names based on the popularity of a given domain name.
This Agreement is subject to termination at the earlier of:
A. Your violation of any of the terms of this Agreement; OR
B. Such time as Your Proxy Name Services account is terminated or cancelled: OR
C. You provide Us ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your Domain Name. If, You provide notice of cancellation less than thirty (30) days before the next annual charge, Your credit card may still be charged. You will not be entitled to pro-rate Your use, nor will You be entitled to any refund for any payments to Us. OR
D. Your credit card or Our charge is denied for any reason and You do not provide Us a new credit card within ten (10) days. Upon termination or cancellation of this Agreement, Your right to use any domain name obtained from Us will be immediately terminated, and We will have the right to grant the right to use the domain name to any person We choose, or to release Proxy Name Services rights to the domain name altogether.
V. No Refunds.
In the event this Agreement is cancelled or terminated for any reason, no charges will be refunded.
VI. No Warranty.
Proxy name services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose and noninfringement. Proxy name services makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through any proxy name services website or service. any reliance on or use of such materials shall be at your sole risk. proxy name services makes no representation or warranty
A. That any proxy name services website or service will be available on a timely basis, or that access to any proxy name services website or service will be uninterrupted, error-free or secure;
B. That defects or errors will be corrected; or
C. That any proxy name services website or the servers or networks through which any proxy name services website is made available are secure or free of viruses or other harmful components. applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.The Proxy Name Services websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Proxy Name Services website and these Terms, these Terms shall control.
VII. Limitation of Liability.
Under no circumstances shall proxy name services be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this agreement, your domain name registration, proxy name services, use or inability to use the proxy name services website or the materials and content of the website or any other websites linked to the proxy name services website or your provision of any personally identifiable information to proxy name services or any third party. This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability or any other basis, even if proxy name services 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, proxy name services liability in such jurisdictions shall be limited to the smallest amount permitted by law.
You further understand and agree that proxy name services disclaims any loss or liability resulting from:
A. The inadvertent disclosure or theft of your personal information;
B. Access delays or interruptions to our website or the websites of our affiliated registrars;
C. Data non-delivery of mis-delivery between you and proxy name services;
D. The failure for whatever reason to renew a private domain name registration;
E. The unauthorized use of your proxy name services account or any of proxy name services’ services;
F. Errors, omissions or misstatements by proxy name services;
G. Deletion of, failure to store, failure to process or act upon email messages forwarded to either you or your private domain name registration;
H. Processing of updated information regarding your proxy name services account; and/or
I. Any act or omission caused by you or your agents (whether authorized by you or not).
VIII. Force Majeure.
Proxy Name Services will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Proxy Name Services. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Proxy Name Services shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
IX. Assignment of Rights.
Proxy Name Services may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Proxy Name Services or its assigns express written consent.
X. Information; Registration; User Names and Passwords.
You may be required to create an account. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Proxy Name Services, and You agree not to transfer Your password or username, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Proxy /name Services under Your User Account. You agree to immediately notify Proxy Name Services of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Proxy /name Services is not liable, and You will hold Proxy /name Services harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations. Your provision of inaccurate information, or failure to update information provided to Us, or any failure to respond to inquiries by us, shall constitute a material breach of this Agreement and be a basis for cancellation of this Agreement.
XI. Disclosure of Your Information
You understand and agree that We will make domain name registration information You provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties in Our sole and absolute discretion. You further agree and acknowledge that We may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information You provide, as required or permitted by ICANN and applicable law. You hereby irrevocably waive any and all claims and causes of action You may have arising from such disclosure or use of Your domain name registration information by Us.
You agree to protect, defend, indemnify and hold harmless Proxy Name Services and Our officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Proxy Name Services for intellectual property infringement by You and any disputes concerning Your right to use a given domain name.
XIII. Prohibited Activity.
Proxy Name Services has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Proxy Name Services reputation; and the violation of the rights of Proxy Name Services or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Proxy Name Services reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact Proxy Name Services by e-mail at email@example.com, or by regular mail at 6700 N. Linder Rd. STE. 156, BOX 304, Meridian Idaho 83646
XV. Uniform Domain Name Dispute Resolution Policy.
The Uniform Domain Name Dispute Resolution Policy (the “Policy”), has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), and sets forth the terms and conditions in connection with a dispute between a registrant and any party (other than the registrar) over the registration and use of an Internet domain name. The Policy is incorporated by reference into the Domain Name Registration Agreement entered into between domain name registrants and their registrars.
Proxy Name Services is a privacy registration service; it is not a registrar. Both domain name registrants who utilize Proxy Name Services privacy registration service and those who would dispute the registration and use of an Internet domain name by a Proxy Name Services customer are advised to refer to the Policy as well as the applicable Domain Name Registration Agreement.
Proxy Name Services routinely receives notices from its affiliated registrars informing it of the filing of various administrative proceedings under the Policy. Upon receipt of such notices, Proxy Name Services cancels its privacy service for the domain name that is the subject of the Policy dispute and notifies its customer about the cancellation.
Proxy Name Services does not and will not participate in the administration or conduct of any Policy proceedings and will not be liable as a result of any decisions rendered by any administrative panel adjudicating such Policy proceedings. In the event that Proxy Name Services is named as a party in any such Policy proceedings, it reserves the right to raise any and all defenses deemed appropriate and to take any other action necessary to defend itself.
XVI. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Proxy Name Services including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against Proxy Name Services or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Proxy Name Services. In the event that You and Proxy Name Services are unable to reach agreement on an Arbitrator, You and Proxy Name Services will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by You and Proxy Name Services will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Proxy Name Services and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Proxy Name Services to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Proxy Name Services may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any Idaho statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Proxy Name Services from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Proxy Name Services rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorney’s fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Proxy Name Services commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorney’s fees incurred on the motion to compel from the other Party.
XVII. Changes to Terms.
Proxy Name Services reserves the right to change these Terms, in whole or in part, from time to time at Proxy Name Services sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms at http://proxynameservices.domains/. By Your continued use of Proxy Name Services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by Proxy Name Services of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to Proxy Name Services under or related to these Terms must be in writing, addressed as follows:
Proxy Name Services 6700 N. Linder Rd. STE. 156, BOX 304, Meridian Idaho 83646
General Support and Inquiries: firstname.lastname@example.org
Spam or Abuse: email@example.com
Notices to You may be made by posting a notice (or a link to a notice) by e-mail, or by regular mail, or at a website designed to give You notice, at discretion of Proxy Name Services.