NICNAMES.COM WHOIS AND RDAP PRIVACY SERVICE AGREEMENT
(“WHOIS / RDAP Privacy Services Agreement”)

PLEASE BE ADVISED THAT IF YOU ELECT TO USE THE WHOIS / RDAP PRIVACY SERVICES AS SET FORTH HEREIN (“WHOIS / RDAP PRIVACY SERVICES”), YOUR DOMAIN NAME REGISTRAR WILL MASK CERTAIN DOMAIN REGISTRATION INFORMATION IN PUBLIC REGISTRATION DATA DIRECTORY SERVICES (“RDDS”), INCLUDING WHOIS AND/OR RDAP RESPONSES, BUT WILL CONTINUE TO STORE AND ESCROW REGISTRATION DATA AS REQUIRED BY ICANN AND APPLICABLE REGISTRY POLICIES.

PLEASE READ THIS WHOIS / RDAP PRIVACY SERVICE AGREEMENT (“AGREEMENT”), AND ANNEXES, CAREFULLY. BY USING THE WHOIS / RDAP PRIVACY SERVICES, YOU AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT WE (NICNAMES.COM) (DEFINED BELOW) MAY AMEND THIS AGREEMENT BY POSTING THE AMENDED AGREEMENT ON THE WEBSITE WHERE YOU OBTAINED THE WHOIS / RDAP PRIVACY SERVICES. YOU AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE WHOIS / RDAP PRIVACY SERVICES WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT AMENDMENTS HERETO, DO NOT USE, ACCESS, OR CONTINUE TO USE THE WHOIS / RDAP PRIVACY SERVICES. CONTINUED USE OF THE WHOIS / RDAP PRIVACY SERVICES AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

1. PARTIES; DEFINITIONS; INCORPORATION OF ICANN POLICIES

1.1 Parties.
This Agreement is by and between NicNames, Inc., a Delaware corporation, doing business as NicNames.com (“NicNames.com,” “we,” “us,” “our”), the party who makes the WHOIS / RDAP Privacy Services available to you, and you, the customer, together with your heirs, executors, administrators, agents, successors and assigns (“You,” “Your,” and other appropriate formatives).

Our principal mailing address for legal notices and data protection inquiries is:

NicNames, Inc.
131 Continental Dr, Suite 301
Newark, DE 19713
EIN: 92-2207493

1.2 Definitions.

For purposes of this Agreement:

a. “RDDS” (Registration Data Directory Services) means the collective mechanisms through which domain name registration data is made queryable to the public, including but not limited to WHOIS and the Registration Data Access Protocol (“RDAP”), as such mechanisms may be mandated or approved by ICANN from time to time.

b. “WHOIS” refers to any remaining legacy WHOIS services and/or related public query access mechanisms made available by NicNames.com or underlying registries as part of RDDS.

c. “RDAP” refers to the Registration Data Access Protocol or any successor registration-data protocol mandated or approved by ICANN for RDDS.

d. “WHOIS / RDAP Privacy Services” means the privacy/proxy service provided by NicNames.com under this Agreement, whereby certain contact details that would otherwise appear in publicly accessible RDDS (via WHOIS and/or RDAP) are replaced with proxy contact information controlled by NicNames.com.

e. “WHOIS / RDAP Privacy Domain(s)” means each domain name registration which You control and designate to use the WHOIS / RDAP Privacy Services.

f. “RDDS Output” means the data returned in response to public queries through WHOIS and/or RDAP or any successor public registration-data protocol.

1.3 Relationship to Other Agreements and ICANN Policies.

This Agreement sets forth the terms and conditions of Your relationship with us and Your use of the WHOIS / RDAP Privacy Services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by:
    •    (i) You on Your behalf;
    •    (ii) anyone acting as Your agent;
    •    (iii) anyone who uses the account You establish to obtain the WHOIS / RDAP Privacy Services, whether or not the transactions were on Your behalf and/or authorized by You.

You agree that You will be bound by representations made by third parties You use to obtain the WHOIS / RDAP Privacy Services.

You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers (“ICANN”), including:
    •    The Uniform Domain Name Dispute Resolution Policy (“UDRP”) and applicable Rules;
    •    Any ICANN consensus policies or contractual requirements relating to RDDS, WHOIS and/or RDAP, and the publication, redaction, or gating of registration data; and
    •    The terms and conditions of Your domain name registration according to the NICNAMES, INC. DOMAIN NAME REGISTRATION AGREEMENT https://nicnames.com/en/legal/registration-agreement (the “Registration Agreement”).

This Agreement is in addition to any domain name Registration Agreement(s) between You and us (or between You and another sponsoring registrar, where NicNames.com provides WHOIS / RDAP Privacy Services as a reseller or service provider), and shall be read consistently with those agreements and applicable ICANN policies. In the event of a direct conflict, mandatory ICANN policies and/or applicable law shall prevail.

1.4 Protocol Transition (WHOIS and RDAP).

You acknowledge and agree that:
    •    ICANN has designated RDAP as the successor protocol to legacy WHOIS for RDDS;
    •    From time to time, WHOIS services may be reduced, modified, or sunset in favor of RDAP or any successor protocol; and
    •    References in this Agreement to “WHOIS,” “RDAP,” or “RDDS Output” are intended to apply to any ICANN-mandated or approved public registration-data access mechanism then in effect.

Accordingly, NicNames.com may in its discretion provide RDDS via RDAP alone, via WHOIS alone (where still permitted), or via both, without this constituting a breach of this Agreement, provided that NicNames.com complies with applicable ICANN policies and contractual obligations.

2. DESCRIPTION OF THE WHOIS / RDAP PRIVACY SERVICES

2.1 Proxy Registration Data in RDDS.

If You subscribe to the WHOIS / RDAP Privacy Services, each domain name registration which You control and designate as a WHOIS / RDAP Privacy Domain will thereafter be registered in the name of NicNames.com (or its designated affiliate or privacy entity) as the registrant of record in RDDS Output.

Your name, postal address, email address, phone and fax numbers will be kept confidential from public RDDS Output, subject to Section 6 of this Agreement and subject to mandatory disclosure requirements under applicable law, court orders, ICANN policies, registry policies, and this Agreement.

The following proxy information (and not Your direct personal contact information) will typically be made publicly available in RDDS Output (WHOIS / RDAP) for each WHOIS / RDAP Privacy Domain:
    •    The email address, postal address and phone/fax number of NicNames.com (or its privacy affiliate) for registrant, administrative, technical, and billing contacts (collectively, the “Privacy Contact Details”);
    •    The primary and secondary domain nameservers You designate for the WHOIS / RDAP Privacy Domain;
    •    The WHOIS / RDAP Privacy Domain’s original date of registration and expiration date; and
    •    The identity of the sponsoring registrar, any domain name service provider (if different from the registrar), and the status of the WHOIS / RDAP Privacy Domain (e.g., “active,” “clientTransferProhibited,” “clientHold,” etc.).

2.2 Change of Registrant; Designated Agent.

NicNames.com may modify the registrant or contact information associated with WHOIS / RDAP Privacy Domains from time to time, including in ways that may constitute a “Change of Registrant” under ICANN’s Transfer Policy. You and NicNames.com expressly:
    •    (a) opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed solely as a result of such Change of Registrant; and
    •    (b) authorize NicNames.com to act as Your “Designated Agent” (as defined in the Transfer Policy) to approve each Change of Registrant on Your behalf.

2.3 Your Retained Rights.

While You will not appear as the registrant of record in public RDDS Output, and except as otherwise expressly described in this Agreement, NicNames.com will not act to control Your WHOIS / RDAP Privacy Domain(s). You retain:
    •    The right to sell, transfer, or assign each WHOIS / RDAP Privacy Domain (subject to ICANN policies and the Registration Agreement);
    •    The right to control and set DNS and nameserver settings for the WHOIS / RDAP Privacy Domain(s);
    •    The right to renew each WHOIS / RDAP Privacy Domain upon expiration (subject to the applicable registrar’s rules and policies); and
    •    Responsibility for resolving any and all monetary or other legal claims that arise in connection with Your WHOIS / RDAP Privacy Domain(s), subject to the other provisions of this Agreement.

2.4 Limitations – Not a General Mail Forwarding Service.

IMPORTANT: THE WHOIS / RDAP PRIVACY SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE.

You agree that You will not provide any third party with the Privacy Contact Details for the purpose of having such third party transmit communications to You through NicNames.com as a general forwarding mailbox. Third parties may obtain the Privacy Contact Details listed in RDDS Output by their own initiative, but You agree that You will not be the one to provide the Privacy Contact Details to such third parties for general mail routing or unrelated correspondence.

NicNames.com’s obligations to review or forward communications addressed to Privacy Contact Details are strictly limited to those described in Section 7 of this Agreement.

3. PROVISION OF PERSONAL INFORMATION

You agree that for each WHOIS / RDAP Privacy Domain, You will provide to NicNames.com and maintain as current and accurate, the following information:
    •    Your name, physical address, email address, postal address, phone and (if applicable) fax numbers;
    •    The name, address, email address, postal address, phone and fax numbers for the WHOIS / RDAP Privacy Domain’s administrative, technical, and billing contacts (which may, but need not, be the same as Your own information); and
    •    The primary and secondary domain nameservers for the WHOIS / RDAP Privacy Domain.

You agree to:
    1.    Update Information. Update all such information immediately as it changes over time.
    2.    Respond to Validation Requests. Respond within two (2) business days to any inquiries made by NicNames.com to determine the validity or accuracy of personal or contact information provided by You.
    3.    Respond to Correspondence Notices. Promptly respond to messages from NicNames.com regarding correspondence addressed to or involving Your WHOIS / RDAP Privacy Domain(s), as more fully set forth in Section 7 below.

If You do not supply primary and secondary domain nameservers, You agree that NicNames.com may point Your WHOIS / RDAP Privacy Domain(s) to an IP address of NicNames.com’s choosing (which may, for example, display a parking or information page) until such time as You supply primary and secondary domain nameservers.

Please see Annex 1: Privacy for details regarding the privacy of Your data and NicNames.com’s handling of the same.

4. RENEWALS AND FEES

4.1 Automatic Renewal.

If You have selected automatic renewal of the WHOIS / RDAP Privacy Services through the account You use to manage such services (“Your Account”), You agree that:
    •    (i) The WHOIS / RDAP Privacy Services shall be automatically renewed approximately thirty (30) days prior to the end of the current term;
    •    (ii) NicNames.com will attempt to charge the payment method You have on file with NicNames.com at the then-current rates; and
    •    (iii) You waive any requirement for NicNames.com to obtain Your ongoing affirmative consent to such automatic renewal.

If You do not wish to automatically renew the WHOIS / RDAP Privacy Services, You agree that the exclusive method for communicating this to NicNames.com is by logging into Your Account and ensuring that the auto-renewal or renewal option is not selected. You understand that You must do this at least thirty-one (31) days prior to the end of the then-current WHOIS / RDAP Privacy Service term.

4.2 Payment and Consequences of Non-Payment.

It is Your responsibility to keep Your payment method information current and accurate, including expiration dates. If NicNames.com is unable to collect renewal or other fees, You agree that NicNames.com may, but is not obligated to, contact You, and You agree that NicNames.com may suspend or terminate the WHOIS / RDAP Privacy Services as a result of its inability to obtain payment.

NicNames.com may change its service and forwarding fees at any time. NicNames.com may also charge reasonable fees for administrative tasks outside the scope of regular services, which may include, without limitation, customer service issues requiring personal handling and disputes that require legal review.

You are responsible for paying all fees and taxes associated with using NicNames.com’s services. Unless otherwise indicated in Your Account, payment shall be made by credit card or other payment method accepted by NicNames.com. Charges may appear on Your statement under a descriptive provider identifier, such as “Domain Name Registration Services” or similar. Fees are non-refundable, except where required by applicable law.

If for any reason there is a chargeback or reversal of any fee previously charged to Your payment method by NicNames.com, You agree that NicNames.com may, without notice, pursue all available remedies in order to obtain payment. Without limitation on other remedies:
    •    NicNames.com may assume complete ownership of the WHOIS / RDAP Privacy Domain(s);
    •    WHOIS / RDAP Privacy Domain(s) may be sold to third parties or pointed to IP numbers of NicNames.com’s choosing; and/or
    •    NicNames.com may immediately cancel Your Account and all services provided to You.

4.3 Relationship Between WHOIS / RDAP Privacy Term and Domain Registration Term.

You understand that Your WHOIS / RDAP Privacy Services term begins on the date Your request to procure the WHOIS / RDAP Privacy Services is accepted by NicNames.com and that it shall run for the unit of time You order (typically, one year).

If the WHOIS / RDAP Privacy Services term ends while the registration term for a WHOIS / RDAP Privacy Domain is still ongoing, then:
    •    The WHOIS / RDAP Privacy Services will no longer be provided for that domain;
    •    The personal information specified in Section 3 may be listed in RDDS Output for the (then former) WHOIS / RDAP Privacy Domain, subject to applicable ICANN policies, registry rules, and data protection laws; and
    •    The communications forwarding services specified in Section 7 will no longer be provided.

5. YOUR REPRESENTATIONS & WARRANTIES

You represent and warrant that:
    •    All information provided by You pursuant to this Agreement is truthful, complete, current, and accurate, and You will maintain all such information in that status throughout the term of this Agreement;
    •    You are using the WHOIS / RDAP Privacy Services in good faith;
    •    You have no knowledge or reason to believe that Your WHOIS / RDAP Privacy 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, service mark, trade name, copyright, or other intellectual property rights; and
    •    Neither the WHOIS / RDAP Privacy Services nor any WHOIS / RDAP Privacy Domain(s) will be used in connection with any illegal or morally objectionable activity (as described in Section 6) or in connection with the transmission of unsolicited commercial email (“Spam”).

6. NICNAMES.COM’S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

You understand and agree that NicNames.com has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to take one or more of the actions listed below (including suspension or termination of the WHOIS / RDAP Privacy Services and/or disclosure of Your underlying contact information) in any of the following events:
    1.    If any WHOIS / RDAP Privacy Domain is alleged (reasonably or credibly, in NicNames.com’s judgment) to violate or infringe a third party’s trademark, trade name, copyright, or other legal rights;
    2.    If You breach any provision of this Agreement;
    3.    If You breach any provision of the NICNAMES, INC. DOMAIN NAME REGISTRATION AGREEMENT or other applicable registration agreement;
    4.    If necessary to protect the integrity and stability of the applicable domain name registry or the DNS;
    5.    If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders, or requests of law enforcement or other competent authorities;
    6.    If NicNames.com is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the WHOIS / RDAP Privacy Services or a WHOIS / RDAP Privacy Domain;
    7.    If necessary to comply with ICANN’s Dispute Resolution Policies or other ICANN policies (including any policy which may preclude the use of a privacy/proxy service for certain TLDs or categories of registrants);
    8.    If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of NicNames.com, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees; or
    9.    If it comes to NicNames.com’s attention that You are alleged to be using the WHOIS / RDAP Privacy Services for purposes of engaging in, participating in, sponsoring, or hiding Your involvement in illegal or morally objectionable activities, including but not limited to activities that:
    •    (i) appeal primarily to prurient interests;
    •    (ii) defame, embarrass, harm, abuse, threaten, or harass;
    •    (iii) violate the laws of the United States or any other jurisdiction;
    •    (iv) involve hate crimes, terrorism, or child exploitation;
    •    (v) are tortious, vulgar, obscene, invasive of a third party’s privacy or otherwise objectionable;
    •    (vi) impersonate the identity of a third party;
    •    (vii) harm minors in any way; or
    •    (viii) relate to or transmit malicious code such as viruses, Trojan horses, worms, time bombs, backdoors, or any other mechanism that corrupts, damages, impairs, interferes with, intercepts, or misappropriates systems, data, or personally identifiable information.

In any such event, NicNames.com may, in its sole discretion, without notice and without liability:
    •    Suspend or terminate the WHOIS / RDAP Privacy Services (in whole or in part);
    •    Close Your Account;
    •    List the information You provided under Section 3 in RDDS Output;
    •    Provide the information You provided under Section 3 directly to a claimant, law enforcement authority, or other competent authority; and/or
    •    Take any other action which NicNames.com deems reasonably necessary or appropriate.

If NicNames.com takes any action set forth above, or if You elect to cancel the WHOIS / RDAP Privacy Services for any reason, NicNames.com will not refund any fees paid by You for the WHOIS / RDAP Privacy Services, except where required by applicable law.

You also acknowledge and agree that NicNames.com may, in its sole discretion and without any liability to You whatsoever, cancel the WHOIS / RDAP Privacy Services during the first thirty (30) days after You procure the WHOIS / RDAP Privacy Services, and/or at any time suspend Your rights under this Agreement and list the Privacy Contact Details (or Your underlying contact details) in RDDS Output during resolution of a dispute or investigation of allegations.

7. FORWARDING COMMUNICATIONS

You agree that NicNames.com may review communications sent to the Privacy Contact Details associated with Your WHOIS / RDAP Privacy Domain.

7.1 Postal Mail and Courier.

For communications received via certified or traceable courier (e.g., UPS, FedEx, DHL) or first-class postal mail which, in NicNames.com’s reasonable judgment, do not appear to be unsolicited commercial mail, NicNames.com may:
    •    (i) Forward such communication to You, or
    •    (ii) Attempt to communicate to You a scanned copy of a page (or pages) of the communication to ascertain Your preferences regarding forwarding the communication.

7.2 Unsolicited or Misused Communications.

You specifically acknowledge that NicNames.com may elect not to forward to You (nor otherwise communicate with You about) first-class postal mail or email, fax, postal mail, or telephone communications which:
    •    Appear to be unsolicited commercial communications (e.g., offers to sell goods/services, solicitations for charitable contributions); or
    •    Appear to arise from Your having used the WHOIS / RDAP Privacy Services as a general mail forwarding service, contrary to Section 2.4.

You authorize NicNames.com to discard all such communications or return them to 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 NicNames.com, including any failures arising from NicNames.com’s mistake in judging whether a communication appears unsolicited or misused.

7.3 Notification and Access via Account.

When NicNames.com receives a communication which may warrant forwarding to You, NicNames.com will generally send an email to the email address You provided under Section 3. The email will identify the sender and the date received. As an alternative, NicNames.com may allow You to access Your Account to view full or partial scanned copies of non-email communications sent to the Privacy Contact Details. You may be required to interact with Your Account to request that physical originals be forwarded to You.

If You do not interact with Your Account or do not respond to NicNames.com’s notice within seventy-two (72) hours (or such other reasonable period as NicNames.com may define in its procedures), the communication(s) may not be forwarded to You and may be destroyed or returned to sender at NicNames.com’s discretion.

Forwarding, if provided, may be delayed and communications may be aggregated. NicNames.com may begin charging additional fees for forwarding communications or may change the forwarding method without written notice, provided any such changes are reflected in the applicable policies or fee schedules.

7.4 Non-Response to NicNames.com Communications.

If You do not respond to communications from NicNames.com relating to mail or other communications received at the Privacy Contact Details, NicNames.com may, in its sole discretion:
    •    Reveal the information You provided under Section 3 in RDDS Output; and/or
    •    Cancel the WHOIS / RDAP Privacy Services with respect to the WHOIS / RDAP Privacy Domain in question or all of Your WHOIS / RDAP Privacy Domains.

This means RDDS Output may revert to displaying Your name, postal address, email address, and phone number, subject to applicable ICANN policies and data protection laws. NicNames.com takes such action because it will not become involved in legal or other disputes between You and third parties.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NICNAMES.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE WHOIS / RDAP PRIVACY SERVICES, YOUR USE OR INABILITY TO USE NICNAMES.COM’S WEBSITES OR SERVICES, OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO NICNAMES.COM 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 THEORY, EVEN IF NICNAMES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.

BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NICNAMES.COM’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 MODIFIED OR REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

You further understand and agree that, except where limited by law, NicNames.com disclaims any loss or liability resulting from:
    1.    The inadvertent disclosure or theft of Your personal information;
    2.    Access delays or interruptions to our website or the websites of third parties;
    3.    Data non-delivery or misdelivery between You and NicNames.com;
    4.    The failure for any reason to renew the WHOIS / RDAP Privacy Services;
    5.    The unauthorized use of Your Account or any of NicNames.com’s services;
    6.    Errors, omissions, or misstatements by NicNames.com;
    7.    Deletion of, failure to store, failure to process, or failure to act upon email or other messages sent to or forwarded to either You or the email associated with Your WHOIS / RDAP Privacy Domain;
    8.    Processing of updated information regarding Your Account; or
    9.    Any act or omission by You or Your representative.

YOU AGREE THAT, IN ANY EVENT, NICNAMES.COM’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE CAPPED AT THE LESSER OF: (A) THE AMOUNT OF FEES PAID BY YOU TO NICNAMES.COM IN THE PRECEDING TWELVE (12) MONTHS WITH RESPECT TO THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00) PER WHOIS / RDAP PRIVACY DOMAIN.

9. INDEMNITY

You agree to release, defend, indemnify and hold harmless NicNames.com and its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages, or costs, including reasonable attorneys’ fees, arising out of or related in any way to:
    •    This Agreement;
    •    The WHOIS / RDAP Privacy Services;
    •    NicNames.com’s websites;
    •    Your Account; and/or
    •    Your registration, use, or transfer of any WHOIS / RDAP Privacy Domain.

10. WARRANTY DISCLAIMER

NICNAMES.COM, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, THE WHOIS / RDAP PRIVACY SERVICES, NICNAMES.COM’S WEBSITES OR ANY WEBSITES LINKED THERETO, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ALL WHOIS / RDAP PRIVACY SERVICES AND THE NICNAMES.COM WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR SUBSCRIPTION TO AND USE OF THE WHOIS / RDAP PRIVACY SERVICES AND NICNAMES.COM’S WEBSITES ARE ENTIRELY AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMER SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. COPYRIGHT & TRADEMARK

You understand and agree that all content and materials contained in this Agreement and on NicNames.com’s websites are protected by copyright, trademark, service mark, trade dress, trade secret, and/or other proprietary rights and laws of the United States and other jurisdictions. NicNames.com reserves all rights in and to such content and materials.

You are prohibited from using any of the foregoing content and materials without the express written permission of NicNames.com or the applicable rights holder. No license or right under any copyright, patent, trademark, service mark, or other proprietary right is granted to You or conferred upon You by this Agreement or otherwise, except as expressly provided in this Agreement.

12. MISCELLANEOUS PROVISIONS

12.1 Severability; Construction; Entire Agreement.

If any part of this Agreement is held to be illegal, unenforceable, or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable, and valid, and the legality, enforceability, and validity of the remaining provisions shall not be affected or impaired.

Section headings are for convenience only and shall not be used to interpret or construe this Agreement.

This Agreement, together with the policies and agreements it incorporates by reference (including the Registration Agreement and applicable ICANN policies), constitutes the complete and exclusive agreement between You and NicNames.com regarding the WHOIS / RDAP Privacy Services.

12.2 Governing Law; Venue; Waiver of Trial by Jury.

This Agreement shall be governed in all respects by the laws and judicial decisions of King County, Washington, excluding its conflict of laws rules.

You agree that any action relating to or arising out of this Agreement shall be brought exclusively in the state or federal courts located in King County, Washington. You consent to the exclusive subject matter and personal jurisdiction of such courts, agree that venue shall be proper in such courts, and waive any objection You may have to jurisdiction or venue in such forum.

YOU WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

12.3 Term; Survival.

The term of this Agreement begins on the date NicNames.com accepts Your request to procure the WHOIS / RDAP Privacy Services and shall run for the period of time You ordered, unless earlier terminated or suspended according to this Agreement.

Sections 7 (Forwarding Communications), 8 (Limitation of Liability), 9 (Indemnity), 10 (Warranty Disclaimer) and 12 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.

ANNEX 1: PRIVACY

A. Data Controller; Categories of Data

NicNames.com, acting as data controller for purposes of applicable data protection laws (unless otherwise specified in a separate agreement), shall use the data You share with NicNames.com to provide You with the WHOIS / RDAP Privacy Services and related services described in this Agreement.

By signing up for the WHOIS / RDAP Privacy Services, You agree to provide NicNames.com with the following data (which may include “personal data”/“personal information” as defined under applicable law):
    •    Your name, address, email address, postal address, phone and fax numbers;
    •    The name, address, email address, postal address, phone and fax numbers (optional where indicated) for the WHOIS / RDAP Privacy Domain’s administrative, technical, and billing contacts; and
    •    The primary and secondary domain nameservers for each WHOIS / RDAP Privacy Domain.

B. Why We Process This Information

We require this data to:
    •    Provide, operate, and support the WHOIS / RDAP Privacy Services;
    •    Maintain accurate registration records as required by ICANN and applicable registries;
    •    Provide technical support and respond to Your inquiries;
    •    Fulfill legal, regulatory, and contractual obligations; and
    •    Protect the security and integrity of our systems and the DNS.

Failure to provide required elements of this data may result in our inability to provide some or all of the WHOIS / RDAP Privacy Services.

C. Disclosure

NicNames.com limits disclosure of Your Personal Information in accordance with this Agreement and applicable law. However, we may disclose information in the following circumstances, without limitation:
    •    As necessary to fulfill a transaction or provide information or services You have requested;
    •    As necessary to protect Your vital interests or those of another person, including in emergencies;
    •    As required by ICANN policies or contracts, including obligations relating to registration data, audits, or compliance;
    •    As required by law or necessary to respond to legal process, court orders, or lawful requests from public authorities (including law enforcement or data protection authorities);
    •    In circumstances in which NicNames.com believes its systems, websites, domains, or services are being used in the commission of a crime or abuse;
    •    As necessary to enforce our acceptable use, anti-abuse, or other applicable policies, and to protect the security or integrity of the DNS or our website;
    •    As necessary to establish, assert, defend, or protect our rights or property; or
    •    As necessary to meet the requirements of lawful requests made by public authorities, including to meet national security or law enforcement requirements.

Where legally required, NicNames.com will assess and respond to disclosure requests in a manner consistent with applicable data protection, due process, and proportionality principles.

D. Security

We maintain physical, electronic, and managerial procedures designed to safeguard data, prevent unauthorized access, maintain data security, and ensure appropriate use of information. We employ security measures commensurate with the nature and sensitivity of the data, having regard to the state of the art, implementation costs, and the risks to Your rights and freedoms.

However, no method of transmission or storage is completely secure. We do not, and cannot, guarantee absolute security.

E. Data Breaches

Where a personal data breach occurs, NicNames.com shall, upon becoming aware of it, take steps to assess, mitigate, and remediate the breach and shall comply with applicable data breach notification obligations, including where applicable under the EU General Data Protection Regulation (GDPR) or similar laws.

F. Retention of Data

NicNames.com does not retain Personal Information longer than necessary for the purposes for which it is processed, including:
    •    Providing services under this Agreement;
    •    Complying with legal, regulatory, or contractual obligations, including data retention obligations under ICANN policies and applicable registry rules; and
    •    Establishing, exercising, or defending legal claims.

Retention periods may vary depending on the nature of the data and our legal obligations.

G. International Transfers (Including EU/EEA & Swiss Residents)

NicNames.com is a U.S. registered entity, and our primary servers are located in the United States. Depending on the TLD and service configuration, the use of NicNames.com’s services may involve transfers of personal data to the United States and other countries that may not provide the same level of data protection as Your home jurisdiction.

Where required by applicable law, NicNames.com will rely on one or more appropriate transfer mechanisms, which may include:
    •    Adequacy decisions;
    •    Standard contractual clauses or similar model clauses; and/or
    •    Participation in one or more approved data transfer frameworks.

If and to the extent NicNames.com self-certifies to any recognized Data Privacy Framework or similar program for transfers from the EU/EEA, the United Kingdom, or Switzerland, NicNames.com will adhere to the principles of such framework for personal data covered by its certification and will provide appropriate redress mechanisms as required by that framework. Details on any such certifications, if and when applicable, will be made available in NicNames.com’s general Privacy Policy.

You have the right to access, correct, or delete Your personal data processed by NicNames.com, subject to applicable legal and contractual restrictions. For assistance with exercising these rights, please contact us at support@nicnames.com. Please be aware that deleting certain Personal Information may result in termination or limited functionality of services You receive from us.

H. Complaints and Dispute Resolution Regarding Privacy

If You have any questions, concerns, or complaints about the privacy of Your data under this Agreement or how it relates to NicNames.com’s services, You may contact us by email at:

Email: support@nicnames.com

or by mail at:

ATTN: LEGAL

NicNames, Inc.
131 Continental Dr, Suite 301
Newark, DE 19713
EIN: 92-2207493

If You are a resident of the European Economic Area (“EEA”), the United Kingdom, or Switzerland, and believe NicNames.com processes Your personal data subject to EU, UK, or Swiss data protection law, You may also:
    •    Contact Your local data protection authority; and/or
    •    Contact any lead or primary supervisory authority identified by NicNames.com in its general Privacy Policy (if applicable).

We encourage You to contact us first so we may attempt to resolve any complaint or dispute directly and promptly.

END OF WHOIS / RDAP PRIVACY SERVICE AGREEMENT