This Privacy and Proxy Registration Services Agreement (the “Agreement”) is made and entered into by and between Instant Privacy, Inc., a Canadian corporation on the one hand (“we,” “us,” “our,” or “Instant Privacy”), and you, the person or entity utilizing the Privacy or Proxy Registration Services on the other hand (“you”, “your”, or “user”).
This Agreement is effective as of the date you click “Buy” “Subscribe” “Agree” “Accept” or “Use” for a Private or Proxy Registration as part of your domain name registration with Instant Domains, Inc. (“Instant Domains” or “Registrar”), or as part of a transfer of a domain name into Instant Domains, or any time thereafter by adding a Privacy or Proxy Registration within your Instant Domains account (the “Effective Date”).
Privacy and Proxy Registration Services
Private Registration. Our Private Registration Service is a service whereby you will remain publicly registered as the Registered Name Holder of your domain name, but for which alternative, reliable contact information is provided by Instant Privacy to display in place of the Registered Name Holder’s contact information in the Registration Data Service or equivalent services (or the “WHOIS directory”). In other words, the name of the person or entity you provide as the Registered Name Holder will be made available to the public, but the Registered Name Holder’s contact information you provide will not be displayed and will be substituted with that of Instant Privacy’s reliable contact information.
Proxy Registration. Our Proxy Registration is a service by which not only will we substitute the contact information of the Registered Name Holder to be displayed publicly, but we will also list the Registered Name Holder as Instant Privacy as well. In other words, the identity and contact information you use to register your domain name will be completely private from the public WHOIS directory and our reliable identity and contact information will appear.
User Responsibility. Whether you use our Private or Proxy Registration Services, you are solely responsible for your domain name registration and use, and any dispute or claim associated therewith, notwithstanding the display of Instant Privacy in the WHOIS directory. Furthermore, use of a Private or Proxy Registration Service does not alleviate your obligation to provide valid and accurate registration Information and to update and correct such information pursuant to the terms of Instant Domains’s Domain Name Registration Services Agreement.
Fees and Pricing. Fees for use of the Private and Proxy Registration Service will be included in the fees paid to Instant Domain for registering your domain name, which pricing will be displayed on the Registrar’s website. There are no additional fees owed from you to Instant Privacy when using a Private or Proxy Registration Service.
Instant Domains Account. In order to use the Private and Proxy Registration Service, you must first have an Instant Domains Account. We will use the registration information you provide to Instant Domains, including the email address provided, to contact you or to forward communications as described herein.
Communications Received from Third Parties
Our Private and Proxy Registration Services do not include or provide any general communications forwarding services. You agree that you will not provide any third party with Instant Privacy’s contact information for the purpose of having such third party transmit communications to you.
Notwithstanding the terms herein, we may review and forward communications in connection with your domain name. You authorize us to receive, sort, open, forward, and destroy any and all mail and communications at our sole discretion. While we are not obligated to forward any communications, we may forward (in a method of our choosing) to you certain communications at our discretion, including certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S postal or lettermail which does not appear to be unsolicited commercial mail. We will not forward any “junk” mail or other unsolicited communications, and you further authorize us to either discard all such communications or return all such communications to the sender.
Termination and Disclosure of Identity and Contact Information
We expressly reserve the right, in our sole discretion to suspend or cancel your use of the Private and Proxy Registration Services and/or reveal your identity and/or contact information to a third party or in the Whois directory at any time without notice to you in the following situations:
To comply with any ICANN consensus policy including ICANN’s Uniform Domain Name Dispute Resolution Policy;
To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Private Registration Services;
To resolve any and all third-party claims or disputes arising out of your registration of a domain name and/or your use of the Private and Proxy Registration Services;
To comply with a registry request, a court order, or a law enforcement agency request;
In the event we have a good faith belief of (i) illegal or morally objectionable use of the domain name, especially use to transmit SPAM, viruses, worms or other harmful computer programs or (ii) use of the Private and Proxy Registration Services to conceal involvement with illegal, illicit, objectionable or harmful activities;
Receipt of a formal request from a UDRP service provider or an alternative dispute service provider;
To avoid any financial loss or legal liability (civil or criminal) on the part of Instant Privacy, Instant Domains, or any of their parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
Payment for a domain name registration or renewal is not received; or
The domain name is deleted or expires.
Domain Name Transfers
Private and Proxy Registration Services utilized by and domain names will automatically cease if the domain name is transferred to another registrar, and your original Registration Information may become publicly available.
Agreement Term and Termination
Unless earlier terminated in accordance with this Agreement, this Agreement will remain in effect as long as you have a domain name that is utilizing the Private and Proxy Registration Services.
If you breach this Agreement, you may no longer use our Private and Proxy Registration Services, and we may terminate or suspend your use of the Private and Proxy Registration Services, which may result in your identity or contact information being displayed in the WHOIS directory.
Intellectual Property. Except for the rights expressly set forth in the Agreement, this Agreement does not grant either party any implied or other rights to the other’s intellectual property, including any content.
You will defend, indemnify, and hold harmless Instant Privacy, Instant Domains, and their respective directors, officers, employees, agents, affiliates, and contractors, from all liabilities, claims and expenses, including attorney's fees, arising out of or relating to your registration and use of any domain name that utilizes the Private Registration Services, including any alleged violation of any third party right, including intellectual property rights. This indemnification obligation will survive the termination or expiration of this Agreement.
Governing Law for this Agreement.
THIS AGREEMENT SHALL BE GOVERNED BY, INTERPRETED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THERETO WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BRITISH COLUMBIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTANT PRIVACY AND INSTANT DOMAINS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE PRIVATE AND PROXY REGISTRATION SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE PRIVATE AND PROXY REGISTRATION SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
Limitation of Liability.
TO THE MAXIMUM EXTEND PERMITTED BY LAW, INSTANT PRIVACY AND INSTANT DOMAINS ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE PRIVATE AND PROXY REGISTRATION SERVICES OR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR THE PRIVATE AND PROXY REGISTRATION SERVICES, IF ANY. INSTANT PRIVACY, INSTANT DOMAIN, ICANN, AND THE APPLICABLE REGISTRIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
Modification. We reserve the right to amend the terms of this Agreement at any time by posting the amended Agreement in full on our website, instantdomains.com, without further notice to you, effective immediately upon such posting.
Notices. All notices, requests, consents, and other communications (collectively, “Notices”) required or permitted under this Agreement shall be in writing and shall be sent by email and considered delivered and received on receipt. Notices to Instant Privacy shall be sent to firstname.lastname@example.org. Notices to you shall be sent to the primary email address listed in your Instant Domains Account.
Severability. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable terms severed from the remainder of this Agreement.
No Transfers. You will not transfer any of your rights or obligations hereunder to anyone else without our prior written consent.
No Beneficiary Rights. Except as specifically stated herein, this Agreement does not give any third-party beneficiary rights.
Non-Waiver. The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Reports of Abuse or Infringement. Any reports of abuse, spam, or intellectual property infringement associated with a domain name utilizing Instant Privacy’s services should be sent to Instant Privacy by email at email@example.com.
Support. Any general support inquiries should be sent to Instant Privacy by email at firstname.lastname@example.org
Business Contact Information of Instant Privacy.
Instant Privacy, Inc.
1114 Langley Street
Victoria, BC V8W 1W1
Phone: +1 (778) 403-4070
Fax: +1 (778) 508-3531
Date of Last Revision: December 2021