When you register or transfer in a Registered Name to Amazon Registrar, you will have the option to enable or disable the services described in this agreement (the “Privacy Service”). By choosing to enable the Privacy Service, you consent to the provisions of this agreement (the “Privacy Service Agreement” or “this Agreement”) between Whois Privacy Service LLC (“we,” “us, and “our”) and you or the entity you represent (“you”). This Privacy Service Agreement may be amended by us at any time for any reason, including changes required by ICANN or domain name registry. Your continued use of the Privacy Service following any amendment evidences your consent to the amendment. If at any time you wish to withdraw that consent, you may do so by disabling the Privacy Service for any Registered Name.

1. The Privacy Service. If you use the Privacy Service for a Registered Name, you request that we perform the following functions and expressly authorize us to take the following actions on your behalf:

1.1 Provide Alternate Contact Information. We will display the following alternate name and contact information in the public WHOIS database for each applicable Registered Name: Whois Privacy Service, P.O. Box 81226, Seattle, WA, 98108-1226, 1-206-577-1368.

1.2 Availability of Privacy Service. Certain gTLDs and ccTLDs do not allow registrants to use privacy services. Privacy Service will not be offered for these TLDs. You will review the specific rules governing privacy and proxy service for the gTLD or ccTLD for your Registered Name available here.

1.3 Communication Processing. In order to fulfill our obligations to you under the Privacy Service, we will review and process communication directed to the alternate name and contact information displayed in the public WHOIS database for each applicable Registered Name as follows:

• Email Messages. We will make commercially reasonable efforts to relay any email received by the Privacy Service for your Registered Name to the email address provided by you. However, we may use SPAM filters and other mechanism to identify, in our sole discretion, unsolicited bulk email and decline to forward such messages. We are not obligated to contact you via alternate means in the event an email is returned as undeliverable. In the event of a persistent delivery failure, you may be considered in breach of your obligations to keep current and accurate contact information in your account profile, which may lead to termination of the Privacy Service which will result in the publication of your contact information in the public WHOIS record. The Privacy Service will not prevent all unsolicited communications or other unwanted contacts by third parties. The Privacy Service is not a replacement for adequate website security, which remains solely your responsibility.
• Postal or Courier Messages. We may relay physical communications received via post or courier at our sole discretion and at your expense. All expenses for relaying physical communications will be charged to your account.
• Fax Messages. There is no fax number associated with the alternate contact data we provide. Accordingly, fax messages will not be relayed by the service.
• Telephone Messages. The Privacy Service is not an answering service and the alternate phone number listed in the Whois database will not accept messages. All callers will be directed to contact the registrant via email.

You hereby waive and release us and our affiliates from any claims arising from your failure to receive any type of communication directed to the alternate name and contact information displayed in the public WHOIS database for each applicable Registered Name, but not relayed to you by us.

2. Your Responsibilities

2.1 You retain complete ownership in the Registered Name. Your use of the Privacy Service does not give us any ownership interest in the Registered Name or any editorial control over the website content you associate with the Registered Name other than our right to disable the Privacy Service as noted in this Agreement.

2.2 Your use of the Privacy Service does not change your responsibilities under ICANN requirements, Specifications, and consensus policies as well as any applicable laws, regulations, or requests from governmental, administrative, or judicial bodies(including subpoenas or court orders). You are wholly responsible for ensuring your compliance with all such applicable laws and regulations. This includes, without limitation, the General Data Protection Regulation (EU) 2016/679.

2.3 Using the Privacy Service does not change any requirement that you provide accurate and reliable Registration Data and that you must correct and update that Registration Data within three days of any change during the term of the Registered Name registration. You will respond within three days to any inquiries made by us to determine the validity of Registration Data or other account information provided by you and you will promptly respond to messages we send you concerning your Registered Name.

2.4 Account Security. You are entirely responsible for maintaining the confidentiality of your account access information, and you are responsible for all activity in your account whether initiated by you or not. You will notify us immediately of any unauthorized use of your account or any other security breach. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You could also be held liable for losses incurred by us or another party due to someone else using your account.

3. Fees and Payment

We offer the Privacy Service at no additional charge separate from fees you pay for Domain Name Registration Services. However, you will make all payments for the Privacy Service actual costs and any administrative or processing fees in connection with us forwarding physical mail and fax messages to you. You must maintain valid payment information in connection with your use of the Privacy Service. If you fail to keep a valid payment mechanism on file with us, we will not forward physical mail and fax messages to you and we may choose to terminate your use of the Privacy Service.

4. Support Services
Support services for customers using Privacy Service are available here. Customers may open a support case or check the status of a recently opened support case.

5. Indemnification

5.1 If a dispute arises as a result of your use of the Privacy Service, you will indemnify, defend and hold harmless us, our affiliates, the domain name registry and its affiliates, and each of the respective directors, officers, employees, and agents, of those companies (the “Indemnified Parties”). If we are notified that a complaint has been filed with ICANN or a governmental, administrative, or judicial body regarding a Registered Name registered by you using the Privacy Service, we, in our sole discretion, may take whatever action we deem necessary regarding further modification, assignment or control of the Registered Name in order to comply with the actions or requirements of ICANN or the governmental, administrative, or judicial body, or until such time as the dispute is settled, including relaying your Registration Data to third parties or revealing your contact information by terminating the Privacy Service (with or without notice to you). In this event, you will waive any claims against, and release and hold harmless, the Indemnified Parties for any action taken by us regarding the relay or publication of your Registration Data. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.

5.2 Process. We will notify you of any claim subject to Section 5.1, but our failure to notify you will only affect your obligations under Section 5.1 to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.

6. Disclaimers

ALL PRIVACY SERVICES ARE PROVIDED TO YOU "AS IS." WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE PRIVACY SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

7. Limitations of Liability

WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE PRIVACY SERVICE, INCLUDING AS A RESULT OF ANY (1) TERMINATION OR SUSPENSION OF THIS PRIVACY SERVICE AGREEMENT OR YOUR USE OF OR ACCESS TO THE PRIVACY SERVICE, (2) OUR DISCONTINUATION OF ANY OR ALL OF THE PRIVACY SERVICE, OR, (3) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE PRIVACY SERVICE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES OR COMMITMENTS BY YOU IN CONNECTION WITH THIS PRIVACY SERVICE AGREEMENT OR YOUR USE OF OR ACCESS TO THE PRIVACY SERVICE; (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; (E) ANY INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION; OR (F) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS PRIVACY SERVICE AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS PRIVACY SERVICE AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

8. Termination of the Privacy Service and Disclosure of Your Information

8.1 We may not offer the Privacy Service for particular TLDs due to domain name registry requirements or other reasons. We may suspend or terminate the Privacy Service for all TLDs or for particular TLDs for any reason. We may suspend or terminate your use of the Privacy Service for any Registered Name for any reason, including any alleged violation of the Acceptable Use Policy or failure to renew your domain name or meet any payment obligations.

8.2 Effect of Termination. If the Privacy Service is terminated or suspended by us for a Registered Name, all Registration Data for that Registered Name will be published in the public WHOIS database for that Registered Name in accordance with ICANN and domain name registry requirements, without prior notice to you. However, in this circumstance, the following information will be redacted from publication: your Registrant ID, name, street, city, postal code, phone number, phone extension, fax number, and email. All other Registration Data will be published. If you choose to disable the Privacy Service, you consent to the publication of all Registration Data for that Registered Name without redaction.

8.3 Disclosure of Your Information. All Registration Data will be maintained in a database, will be escrowed with a third party provider, and may be made available to ICANN, law enforcement, and third parties seeking to enforce intellectual property or other rights. If we receive a complaint concerning your Registered Name or your associated activities, we may (in our sole discretion and without prior notice to you) communicate with the complainant and inform the complainant that we are not the actual registrant of the Registered Name, and we may publish in the public WHOIS database or to relay or otherwise reveal to third parties, including to any UDRP or URS provider, the Registration Data for a Registered Name. If we publish the Registration Data for a Registered Name, the following information may be redacted: your Registrant ID, name, street, city, postal code, phone number, phone extension, fax number, and email. We will forward a copy of the complaint to you. If you do respond to that complaint within a time as noted by us in our discretion, we may suspend or terminate the Privacy Service with respect to the applicable Registered Name.

9. Miscellaneous

9.1 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.

9.2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war

9.3 Assignment. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns. We may assign this agreement to one of our affiliates by posting a revised version on this site identifying the new party, and your continued use of the Privacy Service following that assignment will constitute acceptance of it.

9.4 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

9.5 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of this Agreement will remain in full force and effect.

9.6 Governing Law; Venue. The laws of the State of Washington, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute between you and us relating in any way to the Privacy Services or this Agreement will be adjudicated in any state or federal court in King County, Washington and you consent to exclusive jurisdiction and venue in those courts. We may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third party’s intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

9.7 Entire Agreement; English Language. This Agreement is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the Privacy Services. If we provide a translation of the English language version of this Agreement, the English language version of this Agreement will control if there is any conflict.

10. Notices

10.1To You. We may provide any notice to you under this Agreement by: (a) posting a notice on the Amazon Registrar Policies page; or (b) sending a message to the email address then associated with your account. Notices we provide by posting on the Amazon Registrar Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.

10.2 To Us. To give us notice under this Agreement, you must contact Whois Privacy Service LLC as follows: (a) by email to [email protected]; or (b) by personal delivery, overnight courier or registered or certified mail to Whois Privacy Service LLC, 410 Terry Avenue North, Seattle, WA 98109-5210, Attn: General Counsel. We may update the email or physical address for notices to us by posting a notice on the Amazon Registrar Policies page. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.

11. Definitions

11.1 “Domain Name Registration Services” means domain registration, renewal, and recovery services, and any related services that are offered to you pursuant to a separate services agreement with us or our affiliate.

11.2 “Registered Name” means a domain name that is either (1) registered by you using the Domain Name Registration Services or (2) already registered by you and transferred to using the Domain Name Registration Services.

11.3 “Registration Data” for a Registered Name means:

• The postal address, e-mail address, voice telephone number, and (where available) the fax number of the registered name holder;
• The first and last name of the registered name holder’s authorized administrative contact, technical contact, and billing contact, in the case that the registered name holder is an individual;
• The title of the registered name holder’s authorized administrative contact, technical contact, and billing contact, in the case that the registered name holder is an organization, association, or corporation;
• The name (or title), postal address, email address, voice telephone number, and (where available) the fax number of the Registered Name’s administrative contact;
• The name (or title), postal address, email address, voice telephone number, and (where available) the fax number of the Registered Name’s technical contact;
• The name (or title), postal address, email address, voice telephone number, and (where available) the fax number of the Registered Name’s billing contact;
• The names of the primary and secondary nameservers for the Registered Name; and
• The types of domain name services purchased for use in connection with the registration of the Registered Name.