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Shield Whois Service Agreement
PLEASE READ THIS SHIELD WHOIS SERVICE AGREEMENT ("AGREEMENT")
CAREFULLY. BY USING THE SHIELD WHOIS SERVICES, YOU AGREE TO ALL THE
TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT THE "SERVICE
PROVIDERS" (DEFINED BELOW) MAY AMEND THIS AGREEMENT BY POSTING THE
AMENDED AGREEMENT ON THE WEBSITE WHERE YOU OBTAINED SHIELD WHOIS. YOU
AGREE THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE
Shield Whois 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 SHIELD WHOIS. CONTINUED USE OF SHIELD WHOIS AFTER CHANGES TO
THIS AGREEMENT HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH
CHANGES.
This Agreement is by and between AB NameISP, a Swedish limited
corporation ("Backend Service Provider"), the party, if any, other
than the Backend Service Provider who makes the Shield Whois available
to you ("Primary Service Provider;" Backend Service Provider and
Primary Service Provider, if any, being together referred to herein as
the "Service Providers"), your heirs, executors, administrators,
agents, successors and assigns ("You," "Your," and other appropriate
formatives). This Agreement sets forth the terms and conditions of
Your relationship with the Service Providers and Your use of the
Shield Whois. 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 Shield Whois, 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 Shield
Whois. 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
("Dispute Resolution Policy,"
http://www.icann.org/dndr/udrp/policy.htm) any policy which ICANN may
establish with respect to WHOIS information, and the terms and
conditions of Your domain name registration with Your registrar (the
ICANN-accredited person or entity through which You register a domain
name). This Agreement is in addition to domain name registration
agreement(s) entered into by You and AB NameISP.
SHIELD WHOIS
If you subscribe to Shield Whois, each domain name registration which
you control and which You designate ("Shield Whois Domains") will
thereafter be registered in the name of the Backend Service Provider,
as registrant. Your name, postal address, email address, phone and fax
numbers shall be kept confidential, subject to Section 5 of this
Agreement. The following information (and not your personal
information) will be made publicly available in the "Whois" directory
for each Shield Whois Domain:
The Backend Service Provider's email address, postal address and phone
and facsimile number for the registrant, administrative, technical,
and billing contacts;
The primary and secondary domain name servers You designate for the
Shield Whois Domain;
The domains original date of registration and expiration date;
While You will not be listed as the registrant for the Shield Whois
Domains, and other than as described in this Agreement, the Backend
Service Provider will not act to control the Shield Whois Domain(s).
You will retain the right to sell, transfer, or assign each Shield
Whois Domain; You will retain the right to control and set the DNS
settings for the Shield Whois Domain(s); You will retain the right to
renew each Shield Whois Domain name registration upon expiration; and
You will remain responsible to resolve any and all monetary or other
legal claims that arise in connection with Your Shield Whois
Domain(s), subject to the remaining provisions of this Agreement.
IMPORTANT: SHIELD WHOIS IS NOT A MAIL FORWARDING SERVICE. You agree
that You will not provide any third party with the Shield Whois
Addresses for the purpose of having such third party transmit
communications to you through the Backend Service Provider. Third
parties may obtain the Shield Whois Addresses listed in the Whois
directory by their own initiative, but You agree that You will not be
the one to provide the Shield Whois Addresses to such third parties.
PROVISION OF PERSONAL INFORMATION
You agree that for each Shield Whois Domain, You will provide to the
Service Providers and maintain as current and accurate, the following
information:
Your name, address, email address, postal address, phone and fax numbers;
The name, address, email address, postal address, phone and fax
numbers for the Shield Whois Domain's administrative, technical, and
billing contacts;
The primary and secondary domain name servers for the Shield Whois Domain;
You agree to: (i) update this information immediately as it changes
over time; (ii) respond within five (5) business days to any inquiries
made by either Service Provider to determine the validity of personal
information provided by You; (iii) promptly respond to messages
regarding correspondence addressed to or involving Your Shield Whois
Domain(s), as more fully set forth in section 6 below. If You do not
supply primary and secondary domain name servers, You agree that
Backend Service Provider may point Your Shield Whois Domain(s) to an
IP address of Backend Service Provider' choosing until such time as
You supply primary and secondary domain name servers.
IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF Shield Whois AND
REGISTRATION TERM OF AN ASSOCIATED Shield Whois Domain: You understand
that your Shield Whois term begins on the date Your attempt to procure
the Shield Whois is accepted by the Service Provider(s) and that it
shall run for the unit of time which You order (typically, this would
be one year). You understand that the Shield Whois term may be
different than the registration term of the Shield Whois Domain which
is associated with the Shield Whois. If an Shield Whois Domain expires
and is deleted before the end of the term of the associated Shield
Whois, then the Shield Whois associated with the domain will end when
the Shield Whois Domain is deleted and You understand that there will
be no refund for any resulting unused portion of an Shield Whois term.
If the Shield Whois term ends while the registration term for an
Shield Whois Domain is still ongoing, then the Shield Whois will no
longer be provided, the personal information specified in section 2
shall be listed in the WHOIS output for the (then former) Shield Whois
Domain, and the communications forwarding services specified in
section 6 will no longer be provided.
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 represent and warrant that you will maintain all information
in this status throughout the term of this Agreement. You also
represent and warrant that You are using the Shield Whois in good
faith and that You have no knowledge or reason to believe that Your
Shield Whois 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 Shield Whois nor Shield Whois Domain(s) will not be used
in connection with any illegal or morally objectionable activity (as
defined below in section 5), or, in connection with the transmission
of unsolicited commercial email ("Spam").
SERVICE PROVIDER'S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE
OF YOUR PERSONAL INFORMATION
In the event of any of the following:
If the Shield Whois Domain(s) is (are) alleged to violate or infringe
a third party's trademark, trade name, copyright interests or other
legal rights of third parties;
If you breach any provision of this Agreement or an anti-Spam policy
of either Service Provider;
If You breach any provision of the Registration Agreement;
If necessary to protect the integrity and stability of the applicable
domain name registry;
If necessary to comply with any applicable laws, government rules or
requirements, subpoenas, court orders or requests of law enforcement;
If Backend Service provider is named as a defendant in, or
investigated in anticipation of, any legal or administrative
proceeding arising out of Your use of the Shield Whois or an Shield
Whois Domain;
If necessary to comply with ICANN's Dispute Resolution Policy or other
policies promulgated by ICANN (including policies which may preclude
use a service such as Shield Whois);
If necessary to avoid any financial loss or legal liability (civil or
criminal) on the part of Backend Service Provider, its parent
companies, subsidiaries, affiliates, shareholders, agents, officers,
directors and employees;
OR if it comes to Backend Service Provider's attention that You are
alleged to be using the Shield Whois for purposes of engaging in,
participating in, sponsoring or hiding Your involvement in illegal or
morally objectionable activities, including but not limited to,
activities which are designed, intended to or otherwise: (i) appeal
primarily to prurient interests; (ii) defame, embarrass, harm, abuse,
threaten, or harass; (iii) violate laws of Sweden and/or foreign
territories; (iv) involve hate crimes, terrorism or child pornography;
(v) are tortious, vulgar, obscene, invasive of a third party's
privacy, race, ethnicity, or are otherwise objectionable; (vi)
impersonate the identity of a third party; (vii) harm minors in any
way; or (viii) relate to or transmit viruses, Trojan Horses, access
codes, backdoors, worms, timebombs or any other code, routine,
mechanism, device or item that corrupts, damages, impairs, interferes
with, intercepts or misappropriates any software, hardware, firmware,
network, system, data or personally identifiable information, THEN
You understand and agree that Backend Service Provider has the
absolute right and power, in its sole discretion and without any
liability to You whatsoever, to suspend the Shield Whois, close Your
Account, terminate provisionment of the Shield Whois, list the
information You provided in section 2 in the Whois output or provide
the information You provided in section 2 to a claimant, resolve any
and all third party claims, whether threatened or made, arising out of
Your use of Shield Whois Domain, or take any other action which
Backend Service Provider deems necessary.
In the event Backend Service Provider takes any of the actions set
forth above or in the event You elect to cancel the Shield Whois for
any reason, neither Service Provider will refund any fees paid by You
for the Shield Whois.
You also acknowledge and agree that Backend Service Provider may, in
its sole discretion and without any liability to You whatsoever,
cancel the Shield Whois during the first thirty (30) days after You
procured the Shield Whois, and/or suspend Your rights under this
Agreement and list the Shield Whois Addresses during resolution of a
dispute or investigation of allegations.
FORWARDING COMMUNICATIONS
You agree that Backend Service Provider will review communications
sent to the Shield Whois Addresses associated with Your Shield Whois
Domain. For communications received via certified or traceable courier
mail (such as UPS, FedEx, or DHL), or Swedish postal mail which does
not appear to be unsolicited commercial mail, Backend Service Provider
may either i) forward such communication to You or ii) may attempt to
communicate to you a scanned copy of a page of the communication to
ascertain Your desires with respect to forwarding the communication to
You. You specifically acknowledge that Backend Service Provider may
elect to not forward to You (nor to otherwise communicate with You)
regarding first class postal mail or email, fax, postal mail or
telephone communications which appear to be unsolicited communications
which offer or advertize the sale of goods or services or which
solicit charitable contributions, or communications which appear to
arise from Your having used the Shield Whois as a general mail
forwarding service (see section 1, above). You authorize Backend
Service Provider to either discard all such communications or return
all such communications 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 Backend
Service Provider, including failures which arise from Backend Service
Provider's mistake in judging whether a communication appears to be an
unsolicited communication.
Email. The Whois directory generally requires an email address for
every purchased domain name registration. When You purchase Shield
Whois, Backend Service Provider creates an email address for that
domain, "yourdomainname@shieldwhois.com". Thereafter, when messages
are sent to the email address listed in the Shield Whois Address,
Backend Service Provider may elect to forward messages sent to this
address.
Your Obligation to Respond to communications from the Backend Service
Provider: When Backend Service Provider receives a communication which
may warrant forwarding to You, per the terms of this Agreement,
Backend Service Provider will send an email to the email address You
provided to Backend Service Provider pursuant to section 2. The email
message will identify the sender of the correspondence and the date
received. As an alternative, You agree that Backend Service Provider
may allow you to access Your Account to view full or partial scanned
copies of (non-email) communications sent to the Shield Whois
Addresses and that You may be required to interact with Your Account
to have the physical originals of such communications forwarded to You
and that if You do not interact with Your Account in the ways
indicated upon accessing Your Account, that the communications may not
be forwarded to You. In either event, You will have seventy-two (72)
hours to decide whether to have the communication(s) forwarded. If you
do not respond within this time period, the communication(s) will not
be forwarded. Method of forward will be determined by Backend Service
Provider. Communication(s) may not be immediately forwarded upon Your
election; there may be a delay and communication(s) may be aggregated
to be forwarded together. The Backend Service Provider may begin
charging fees for forwarding communications or may change the method
by which communications are forwarded without written notice.
In the event You do not respond to communications from the Backend
Service Provider regarding communications received at the Shield Whois
Address, Backend Service Provider may immediately reveal the
information You provided pursuant to section 2 and/or cancel the
Shield Whois regarding either the Shield Whois Domain in question or
with respect to all of Your Shield Whois Domains, depending on the
circumstances. This means the Whois directory will revert to
displaying Your name, postal address, email address and phone number.
This action would be taken because Backend Service Provider will not
become involved in any legal or other matters between You and third
parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY OR BACKEND SERVICE
PROVIDERS 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 Shield Whois, USE
OR INABILITY TO USE THE PRIMARY OR BACKEND SERVICE PROVIDER(S) WEB
SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER
WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY
PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER 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 EITHER THE PRIMARY OR BACKEND
SERVICE PROVIDERS HAVE 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, THE PRIMARY AND BACKEND
SERVICE PROVIDERS' 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 the Primary and Backend Service
Providers disclaim any loss or liability resulting from: (i) the
inadvertent disclosure or theft of Your personal information; (ii)
access delays or interruptions to our web site or the web sites of
affiliated parties; (iii) data non-delivery or misdelivery between You
and the Service Providers; (iv) the failure for whatever reason to
renew the Shield Whois; (v) the unauthorized use of Your Account or
any of the Service Provider's services; (vi) errors, omissions or
misstatements by either Service Provider; (vii) 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 Shield
Whois Domain; (viii) processing of updated information regarding Your
Account; (ix) 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 TO EACH SERVICE PROVIDER IN
THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE
LIABILITY OR $100.00 PER Shield Whois Domain.
INDEMNITY
You agree to release, defend, indemnify and hold harmless the Primary
and Backend Service Providers, and their parent companies,
subsidiaries, affiliates, shareholders, agents, directors, officers
and employees and AB NameISP, 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 this
Agreement, the Shield Whois, the web sites of the Service Providers,
Your Account, and/or Your use of Your Shield Whois Domain.
BACKEND SERVICE PROVIDER WARRANTY DISCLAIMER
THE BACKEND 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 AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE
WEB SITES OF THE BACKEND 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 BACKEND SERVICE PROVIDER
SERVICES, AS WELL AS THE BACKEND SERVICE PROVIDER WEB SITE, ARE
PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF BACKEND 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.
Severability; Construction; Entire Agreement.
You agree that if any part of this Agreement shall be 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 of this Agreement shall not be affected or
impaired. The headings herein will not be considered a part of this
Agreement. You agree that this Agreement, including the policies it
incorporates by reference, constitute the complete and only Agreement
between You and Backend Service Provider regarding the services
contemplated herein.
Governing Law; Venue
This Agreement shall be governed in all respects by the laws and
judicial decisions of Gothenburg, Sweden, excluding its conflicts of
laws rules. You agree that any action relating to or arising out of
this Agreement, shall be brought exclusively in the courts of
Gothenburg, Sweden. For the adjudication of domain name registration
disputes and disputes under this Agreement, you agree to submit to the
exclusive subject matter and personal jurisdiction of courts located
in Gothenburg, Sweden, you agree that venue shall be proper in such
jurisdiction, and you agree to waive any objection you may have to
jurisdiction and venue in such forum.
Term of Agreement; Survival.
The term of this Agreement begins on the date Your attempt to procure
the Shield Whois is accepted by the Service Provider(s). The term
shall run for the unit of time which You ordered when You procured the
Shield Whois, unless terminated or suspended sooner according to the
terms of this Agreement.
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