This Agreement is by and between LiquidNet Ltd., an ICANN-accredited registrar, registered in the United Kingdom, registration No. 4654498, and You, Your heirs, executors, administrators, agents, successors and assigns ("You," "Your," and other appropriate formatives). This Agreement will define the exact terms and conditions of Your relationship with LiquidNet Ltd., and Your use of the IDP Services. You confirm that You have read and understand and agree to be bound by all terms and conditions specified in this Agreement for transactions entered into by:
You on Your behalf;
anyone acting as Your agent or representative; anyone who uses the account from which You want to obtain the IDP Services, whether or not the transactions are 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 IDP Services. You also agree to follow the terms and conditions, established by the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the Uniform Domain Name Dispute Resolution Policy and any policy which ICANN may enforce, regarding WHOIS information.
If you subscribe to the IDP Services, your name, postal and email address, phone and fax numbers shall be kept confidential and hidden, falling subject to Section 5 of this Agreement. The following information (instead of your personal details) will be thereafter publicly available in the "Whois" section for each IDP Domain:
While You will not be listed as the registrant of the IDP Domain, LiquidNet Ltd. will not control the IDP Domain(s). You will retain your right to sell or transfer each IDP Domain; You will retain your right to control and set the DNS settings for the IDP Domain(s); You will retain your right to renew each IDP Domain name registration upon expiration and You will still be responsible for any and all monetary or other legal claims, connected with Your IDP Domain(s), subject to the remaining sections of this Agreement.
IMPORTANT: THE IDP SERVICE IS NOT A MAIL FORWARDING SERVICE. You agree that You will not give to any third party the IDP Addresses for the intention of having the third party send communications to you via the LiquidNet Ltd. IDP Service. Third parties can obtain the IDP Addresses listed in the Whois Information of their own accord, but You agree that You will not provide the IDP Addresses to such third parties.
You agree that for each IDP Domain, You will provide LiquidNet Ltd. with the current details and that you will maintain them current and accurate:
You agree to:
LiquidNet Ltd. may modify its information from time to time in such a way, which may constitute a "Change of Registrant" under ICANN’s Transfer Policy (the "Transfer Policy"). In such a case, You explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant.
In addition, You explicitly authorize the registrar of the IDP Domain to act as its "Designated Agent" (as defined in the Transfer Policy) to approve each "Change of Registrant" (as defined in the Transfer Policy) on its behalf.
If, on the due date LiquidNet Ltd. has not received renewal or other fees, you agree that LiquidNet Ltd. can try to contact You, but is not obliged to do so, and You agree that LiquidNet Ltd. can suspend or terminate the IDP Services as a result of non-payment.
LiquidNet Ltd. can charge reasonable fees for administrative tasks for services, not falling into the already defined ones. These include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for covering all fees and taxes associated with using LiquidNet Ltd.'s services. Payments shall be made by credit card or PayPal. You agree that charges will appear on Your credit card statement under "PayPal Hosting" or "PayPal Hosting and Domains", depending on whether the credit card statement is restricted to 11 or 19 symbols. All fees are non-refundable.
If there is a charge back for a fee, which has been already covered, You agree that LiquidNet Ltd. can, without notice, pursue all available remedies in order to obtain payment for that fee. Without limitation on other remedies which may be available under such circumstances, You agree that LiquidNet Ltd. may assume complete ownership of the IDP Domain(s), that the IDP Domain(s) can be sold to third parties, or that the IDP Domain(s) can be pointed to an IP address of LiquidNet Ltd.'s own choice, and that LiquidNet Ltd. can immediately cancel Your Account and all other services provided to You.
Your IDP Services term begins on the date when Your purchase of IDP Services is accepted by the LiquidNet Ltd. and it will run for the time period you have chosen (by default, one year). The IDP Services term can be different from the registration term of the IDP Domain. If the domain, for which the IDP Service is activated, expires and is deleted before the end of the term of the IDP Service, then the IDP Service associated with this domain will end when the IDP Domain is deleted and there will be no refund for the unused portion of the IDP Services. If the IDP Services term ends while the registration term for the IDP Domain is still ongoing, then the IDP Services will no longer be available until they are renewed and the personal information specified in section 2 will be listed as the WHOIS information for the (then former) IDP Domain. All communication forwarding services (specified in section 6) will no longer be provided.
It's Your responsibility to keep all information provided by You in relation to this Agreement truthful, complete, current and accurate and to maintain all information in this status for the term of this Agreement. You agree that You will be using the IDP service in good faith and that You have no information, knowledge or reason to consider that Your IDP Domain or the content found at all the IP Addresses associated with it violate or conflict with legal rights of a third party or a third party's trademark or trade name. You warrant that neither the IDP Service nor the domain associated with the IDP Service are to be used in connection with any of the activities defined in section 5 of this Agreement, or used for the transmission of unsolicited Spam emails.
You understand and agree that LiquidNet Ltd. has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to:
In the event of any of the following:
if it comes to LiquidNet Ltd.'s attention that You are alleged to be using the IDP Services for the purpose 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:
In the event LiquidNet Ltd. takes any of the actions set forth above or in the event You elect to cancel the IDP Services for any reason, any fees paid by You for the IDP Services will NOT be refunded.
You also agree and understand that LiquidNet Ltd. can, in its sole discretion and with no liability to You, cancel the IDP Service during the first thirty (30) days after Your purchase of the IDP Services, and/or suspend all Your rights under this Agreement and display the original WHOIS information until a resolution of the dispute or investigation of allegations raised against You is reached.
You agree and understand that LiquidNet Ltd. has the right to review communications sent to the IDP Addresses associated with Your IDP Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail ("Spam"), LiquidNet Ltd. will either i) forward such communication to You or ii) attempt to send you a scanned copy of the communication in order to consult with You about whether to forward the communication to You or not. You specifically acknowledge that LiquidNet Ltd. may choose not to contact You regarding (and not forward to You) first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the IDP Services as a general mail forwarding service (see section 1, above). You authorize LiquidNet Ltd. to either discard and ignore all such communications or return them 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 LiquidNet Ltd., including failures which arise from LiquidNet Ltd.'s mistake in judging whether a communication appears to be an unsolicited communication.
The Whois directory generally requires an email address for every purchased domain name registration. When You purchase IDP Services, LiquidNet Ltd. creates an email address for that domain, which will look like this - "email@example.com". From there on, when a message is sent to the email address listed as the IDP Address, LiquidNet Ltd. will forward the messages to the email address You listed in section 2. If the email address you have provided us with becomes non-functioning or if email sent to the address bounces, LiquidNet Ltd. is not bound to try to contact You through other means.
Your Obligation to Reply to messages from LiquidNet Ltd.:
LIQUIDNET LTD. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTIES. THIS LIMITED LIABILITY CLAUSE SHALL APPLY EVEN IF LIQUIDNET LTD HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY CLAIMS. IN NO EVENT SHALL LIQUIDNET LTD.'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE OR THE PRODUCT. LIQUIDNET LTD.'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
You also understand and agree that LiquidNet Ltd. will disclaim any loss or liability resulting from:
You also agree to release, defend, indemnify and hold harmless LiquidNet Ltd. and its 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, coming from or related in any way to this Agreement, the IDP Services, the web sites of the Service Providers, Your Account, and/or Your use of Your IDP Domain.
The term of this Agreement begins on the date Your purchase of the IDP Services is accepted by LiquidNet Ltd. The term shall run for a time period for which You ordered the IDP Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications) and 7 (Limitation of Liability) shall survive any termination or expiration of this Agreement.
If you have any questions about our ID Protection Services, you can contact us via any of the options listed below.
Postal Address:LiquidNet Ltd.
Revision date: February 25, 2018, 14:00 GMT