Webnic | ICANN Accredited Registrar | Whois Privacy Service Agreement

WHOIS PRIVACY SERVICE AGREEMENT

Last Modified: 5th January, 2012

For all Whois Privacy Service (“Service”) engagement, Registrant and Premier Partner must read, fully understand and agree to the Service Agreement provided below by Web Commerce Communications Limited (“Registrar”). In addition, all the Whois Privacy Service engagement will have to comply with all the other Policies, Terms and Conditions of domain name registration of Registrar where applicable.

TERMS AND CONDITIONS FOR WHOIS PRIVACY SERVICE ENGAGEMENT

1	The following terms and conditions shall apply to all Whois Privacy Service engagement. For subscribers to the private registration service you agree that Whoisprotection.cc be the listed Registrant and domain owner as per the information contained within the official whois record. Additional restrictions and stipulations pertaining to the Whois Privacy Service are as follows:
2	Full Ownership rights retained: Although Whoisprotection.cc is listed as the registrant, you will retain full domain ownership rights, such as:
	a. The ability to sell or transfer each domain b. The ability to manage domain name servers to the settings of your choice c. The ability to create/manage/nameservers for your domain d. The ability to renew your domain upon expiration
3	The following publicly available information for domain names under Whois Privacy Service engagement under the compliance of ICANN policy, Whoisprotection.cc contact will be listed for the following contact information:
	a. Registrant - name, email, address, phone and fax contacts b. Technical - name, email, address, phone and fax contacts c. Billing - name, email, address, phone and fax contacts d. Administrative - name, email, address, phone and fax contacts
	In addition, for each domain that utilizes the Whois Privacy Service, all Registrant and Premier Partner shall agree to provide the following VERIFIABLE information for record purpose:
	a. Registrant - name, email, address, phone and fax contacts b. Technical - name, email, address, phone and fax contacts c. Billing - name, email, address, phone and fax contacts d. Administrative - name, email, address, phone and fax contacts
4	Fee: Whois Privacy Service shall be chargeable for USD4.00 per annum for each Whois Privacy Service engagement submitted by Premier Partner or Registrant. The Fee shall not be refundable in the event of any form of early termination of the Whois Privacy Service.
5	Reservation of rights: Registrar expressly reserves the right to deny acceptance of any Service subscription and cancel of Service. We also reserve the right to disclose the Domain Name Registrant information when required by law (court orders or official government inquiries). In the event of being named as defendant in any civil, criminal or legal related proceedings, the Service for the affected Domain Name will be terminated and the ownership information will transfer back to the Registrant. In addition, all verified spam complaints will also result in the Service being terminated, consequently the Domain Name ownership information will be revert back to the Registrant.
6	Notice of termination: In the event of termination or cancellation of Service for any Domain Name, Registrant or Premier Partner agree to explicitly cancel/suspend via Registrar Premier Partner Account. Upon suspension, termination or cancellation, the Service will cease for the specific Domain Name, the publicly available whois information will revert back to the Registrant information. Additional notice or proof of cancellation is not required beyond what is available via our online interface.
7	Indemnification: Registrant and Premier Partner agree to indemnify, defend and hold harmless of Registrar & Whoisprotection.cc, its 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 relating to the Service and Domain Name registration. This indemnification obligation will survive the termination or expiration of this Agreement.
8	Governing Law: The Agreement, rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Malaysia.
9	Limitation of liability: REGISTRAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE SERVICE, OR IN ANY OTHER WAY RELATED TO THE SERVICE AND DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, REGISTRAR RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN NAME ARISING FROM "HACKING" OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME. FINALLY, REGISTRAR IS NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORIZED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE TLD, OR BREACH OF SECURITY, EVEN IF REGISTRAR HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF REGISTRAR MAY FORESEE SUCH POSSIBLE DAMAGES. REGISTRANT'S SOLE REMEDY FOR REGISTRAR'S BREACH OF THIS AGREEMENT SHALL BE A REFUND OF THE FEE PAID TO REGISTRAR, WHICH REMEDY REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO REGISTRAR BY THE REGISTRANT.