(1) PRIVACY PROTECTION SERVICES INC.(« PrivacyProtect.org »), a Belize corporation, is in the business of provisioning domain name registrants/owners with whois privacy services to protect their personal contact details (« Service »). Such a domain name registrant/owner using the aforementioned service will hereinafter be referred to as « Customer/s ». Customers can avail this Service through their Domain management control panel provided by the sponsoring registrar of their domain name. By enabling the Service, the Customer agrees to PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS which is a part of the DOMAIN REGISTRATION AGREEMENT executed between the sponsoring registrar and the Customer (« Registration Agreement »).
(2) This Acceptable Usage Policy (« Agreement ») governs the terms and conditions upon which PrivacyProtect.org agrees to provide the Customer with the Service in connection with their sponsoring registrar.
(3) PrivacyProtect.org reserves the right to amend the terms and conditions contained in this Agreement at any time by posting the amended Agreement in full, to www.privacyprotect.org (« Website ») without notice to the customer, effective immediately upon such posting.
(5) Customer shall agree to comply at all times with the rules and policies adopted by the Internet Corporation for Assigned Names and Numbers (« ICANN ») including the Uniform Domain Name Dispute Resolution Policy (« UDRP ») and the terms, conditions and policies imposed by the sponsoring registrar.
(6) Customer acknowledges and agrees that PrivacyProtect.org may in its sole and absolute discretion, suspend, cancel, or modify the Service any time, without any notice, if the domain name is in violation of this agreement.
(7) Customer acknowledges that they will remain the owner / registrant / registered name holder for the registered domain name in question, and that Customer is solely liable for any claims / complaints / UDRP cases arising out of the Customer’s registration and usage of the domain name.
(8) PRIVACYPROTECT.ORG IS NOT THE OWNER / REGISTRANT / REGISTERED NAME HOLDER OF ANY DOMAIN NAME. PrivacyProtect.org merely provides the Service to the Customers who want to protect their personal contact details. PrivacyProtect.org should not be held responsible for any claims / complaints / UDRP cases arising out of the Customer’s registration and usage of the domain name.
RIGHTS OF THE SERVICE PROVIDER
(1) Privacyprotect.org, in its sole discretion, expressly reserves the right to deny or cancel the provision of the Service if the Customer’s domain name, directly or indirectly, is in violation of any federal, state or local law, or used for any unlawful purpose, or to promote offensive material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing PrivacyProtect.org and/or the Service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts online or offline, directly or indirectly, or in a manner injurious to PrivacyProtect.org or their reputation, including but not limited to the following –
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);
(2) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 4-5) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);
(3) Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;
(4) Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses (« Spamware »);
(5) Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software;
(6) Impersonating another user or entity or an existing company/user/service or otherwise falsifying one’s identity for fraudulent purposes in e-mail, postings or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;
(7) Using the Service to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of the sponsoring registrar, is associated with spamming, bulk e-mail, e-mail harvesting (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of the sponsoring registrar, to be threatening or obscene or inappropriate;
(8) Using the Service on domain names directly or indirectly for activities such as phishing, malware, spam, child pornography, scam, Denial of Service attacks (DDOS), copyright or trademark infringement, any kind of activity which would be deemed unlawful, promoting internet abuse via software tools or information which enables or facilitates abuse.
(9) Breaching any provision of the Customer’s Registration Agreement;
(2) Privacyprotect.org, in its sole discretion, expressly reserves the right to DISCLOSE the underlying registrant data to a requesting party in the following circumstances –
(1) When required to comply with the applicable registry rules or policies;
(2) When required to respond to a valid subpoena or warrant; and
(3) On receiving information request from a Law Enforcement Agency or any Government body authorized to act on behalf of the Law Enforcement Agency.
PROCESS TO FILE A SUBPOENA ON THE CUSTOMER
PrivacyProtect.org does not release the customer or account information without an explicit request from the Customer or when required by law. Anyone seeking the identity of the Customer, may send the valid subpoena or a court order directing PrivacyProtect.org to disclose the information to email@example.com.
(1) Any Customer using the Service and found to be in violation of this Agreement would be subjected to immediate disabling of the Service on the relevant domain name/s; Note: PrivacyProtect.org has no access or authority to suspend the registration of a domain name. The ability to suspend a domain name lies with its sponsoring registrar.
(2) Cases of abuse can be reported to firstname.lastname@example.org or by calling PrivacyProtect.org’s abuse desk at +45.36946676.
(3) PrivacyProtect.org will maintain a record of the reported cases of abuse for a period of three (3) years. PrivacyProtect.org reserves the right to share the details of such cases with law enforcement agencies upon receiving a signed request for the same.
LAW ENFORCEMENT AGENCIES
(1) Any informal investigation into a domain name utilizing the Service may be directed to email@example.com.
(2) Any formal investigation can be carried out as per the ‘Process To File A Subpoena On The Customer’ section. Any additional queries may be directed to firstname.lastname@example.org.
TRADEMARK, COPYRIGHT AND IP INFRINGEMENT
(1) Trademark and copyright infringement claims can be sent to email@example.com;
(2) Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized – and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights and trade secrets in recognized jurisdictions. Any act resulting in theft, misuse, misrepresentation or any other harmful act by any individual or a company is categorized as Intellectual Property violation.
(3) UDRP- Trademark related claims are usually resolved as per the UDRP (Uniform Dispute Resolution Policy) The Uniform Domain-Name Dispute Resolution Policy has been adopted by ICANN-accredited Registrars in all gTLDs (.aero, .biz, .com, .coop, .info, .museum, .name, .net, .org, .pro). Dispute proceedings arising from alleged abusive registrations of domain names (for example, cybersquatting) may be initiated by a holder of trademark rights. The UDRP is a policy that is agreed to by the Customer and is included in Registration Agreements for all ICANN-accredited registrars.
Uniform Domain Name Dispute Resolution Policy – (http://www.icann.org/dndr/udrp/policy.htm)
Rules for Uniform Domain Name Dispute Resolution Policy – (http://www.icann.org/dndr/udrp/uniform-rules.htm)
List of Approved Dispute-Resolution Service Providers – (http://www.icann.org/dndr/udrp/approved-providers.htm)
Once a UDRP case has been filed and the sponsoring registrar is notified by the Arbitration provider, the Service availed on the domain name should be immediately disabled. Registrars providing the Service to Customers are required to disable the Service upon receiving notification of a UDRP/URS or any complaint received as part of ICANN’s rights protection mechanisms in a timely manner.
Note: Under any of the scenarios mentioned above, the Service will be disabled so that the underlying Registrant can be pursued.
Customer agrees to release, defend, indemnify and hold harmless the sponsoring registrar, PrivacyProtect.org, and their 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 attorney’s fees, arising out of or related in any way to this Agreement, PrivacyProtect.org’s Service, the Website of PrivacyProtect.org, Customer’s account and use of Customer’s domain name which utilizes the Service.