Privacy Proxy Terms

Last updated 16 May 2018 (see Archive for previous (version(s))

NOTICE: In anticipation of the coming into force of the General Data Protection Regulation on 25 May 2018, ICANN’s policies in relation to WHOIS and privacy/proxy registrations is likely to change. We will continue to monitor the situation, and may update these terms to reflect changes in policy.

These Proxy/Privacy terms apply if a domain name is covered by a Proxy/Privacy registration, and are incorporated by reference into the terms of the registration agreement whose terms apply in full, including without limitation all warranties, indemnities, exclusions and limitations of liability.

1. Definitions

In this agreement the following words and phrases have the following meanings:

"Registered Name Holder"

a person for whom a domain name is registered, and whose contact details are reflected in the WHOIS database for the relevant domain name. In the case of a domain name with a Proxy/Privacy Service, the Registered Name Holder means the person or entity who is the beneficial owner of the domain name.

"Proxy/Privacy Service"

a mechanism whereby a third party (the Proxy/Privacy provider) inserts their own details into the WHOIS database, so that the contact details of the Registered Name Holder are not published on the WHOIS.

2. Description of Proxy/Privacy Service

2.1 When You subscribe to our Proxy/Privacy Service, it means that you can usually keep your name, address and contact details hidden from the public WHOIS results. Instead, we will insert our standard Proxy/Privacy registration details into the domain name record.

2.2 We will retain your real contact details on our records, and in certain circumstances we may share those details with third parties or law enforcement, or withdraw the Proxy/Privacy Service and restore your real contact details.

2.3 The domain name will continue to be yours to use (subject to the terms of the Registration Agreement, and the Registrant Rights and Responsibilities), and you retain the full benefits of the domain name, and full responsibility for the domain name and its usage.

2.4 We will provide a mapping between the contact details published on your domain name's WHOIS record and your real contact details. This will allow people to send you messages while protecting your private contact information. However, we cannot be responsible if you fail to receive such communications.

3. Your promises to keep your contact information accurate, and up to date.

3.1 Under the Proxy/Privacy Service, your contact information will not be published on the WHOIS (except as provided in these terms), but it is very important that you provide us with complete, accurate and up to date contact information.

3.2 You reaffirm your agreement to the provisions in the registration agreement relating to accurate information, your responsibility to provide and maintain accurate and reliable information.

3.3 You confirm that should you fail to keep your real contact details up to date, accurate and reliable, we may suspend or cancel the Proxy Privacy Service and/or the registration of the domain name.

3.4 You agree that you are entirely responsible for maintaining the confidentiality of any passwords, login details or other information necessary for updating your domain name registration. You will notify us immediately if you become aware of any unauthorised access to your account.

4. Our rights to disclose your information, or cease providing the Proxy/Privacy Service

4.1 We will reveal your personal data on receipt of a written request that we in our sole discretion judge to be from a law enforcement officer or third party with a legitimate interest in obtaining the information.  Legitimate interests include but are not limited to service of legal proceedings for trademark or intellectual property rights infringement, for the investigation or prevention of crime, to protect public safety or suspected breaches of trading standards.

4.2 We may withdraw the Privacy/Proxy service, and publish your real contact details on the WHOIS in the following circumstances:

4.1.1 To comply with ICANN rules, policies or procedures, including prior to the transfer of the domain name to another registrar or a new registrant;

4.1.2 Should a domain name dispute arise in relation to your domain name, whether under the UDRP or a related process.

4.1.3 Pursuant to a legal obligation.

4.1.4 Pursuant to a legitimate interest, for example service of legal proceedings, the investigation or prevention of crime, to protect public safety or suspected breaches of trading standards; or

4.1.5. To protect the integrity and stability of our technical systems or those of a third party.

5. Renewals, and stopping the Proxy/Privacy Service

5.1 The Proxy/Privacy Service will continue to apply through the renewal of the domain name, and any fees applicable to the Proxy/Privacy Service will be added to your renewal fee and payable in advance.

5.2 You may withdraw from the Proxy/Privacy Service at any time. No refund will be available.

6. Your warranties

6.1 You represent that, to the best of your knowledge and belief, neither the Privacy/Proxy Service, your registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party, and further that the domain name is not being registered for, not shall it at any time be used for, any unlawful purpose.

6.2 You acknowledge that the Privacy/Proxy Service, nor the registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

6.3 You shall indemnify and hold harmless us, our directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.

7. Limitation and exclusions of liability

7.1 We will do our utmost to ensure that availability of our Privacy/Proxy Services will be uninterrupted and that transmissions will be error-free. We are entitled to withdraw the Privacy/Proxy Services in the circumstances set out in this policy, or pursuant to a legal obligation or a legitimate interest.

7.2 Our maximum aggregate liability to you under this policy will be the total of the fees paid by you to us in relation to the domain name in the previous 12 months.

7.3 We will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using Netistrar Services.

7.4 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have services provided within a reasonable time or to receive a refund if services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

7.5 The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

7.6 Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.