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Domain Name Proxy Agreement

Please read this Domain Name Proxy Agreement ("Agreement") carefully. By using the Services and/or website of Domain Services Ltd., a UK limited liability company ("DS"), You (as defined below) agree to all the terms and conditions set forth both herein and in the DS privacy policy, which is incorporated by reference and can be found at http://www.domainthenet.com/en/privacy_policy.aspx.

You acknowledge that DS may amend this Agreement at any time upon posting the amended terms on its website, and that any new, different or additional features changing the services provided by DS will automatically be subject to this Agreement.

If You do not agree to be bound by, or if You object to, the terms and conditions of this Agreement and any amendments hereto, do not use or access DS' services. Continued use of DS' services and its website after any such changes to this Agreement have been posted, constitutes Your acceptance of these changes.

This Agreement is by and between DS and you ("You") and is made effective as of the date of electronic execution. By using DS's Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and You further agree to be bound by the terms of this Agreement for transactions entered into by:
  1. You on Your behalf;
  2. Anyone acting as Your agent; and
  3. Anyone who uses the account You have established with DS.
You further agree to abide by the terms and conditions of the Internet Corporation for Assigned Names and Numbers ("ICANN") including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy") and Your Registrar (i.e., the ICANN-accredited person or entity through which You register a domain name).

1. DS' PRIVATE REGISTRATION SERVICES

When You subscribe to DS' private registration service through a DS-affiliated Registrar, each available domain name registration You designate will thereafter be registered in the name of DS, as Registrant.

In exchange for DS becoming the Registrant of each domain name registration on Your behalf, DS shall keep Your name, postal address, email address, phone and fax numbers confidential. When DS becomes the Registrant of Your domain name registration, the following information (and not Your personal information) will be made publicly available in the "Whois" directory as determined by ICANN policy:
  1. DS' name as the Registrant of the domain name and a proxy email address, phone number and postal address for the Registrant's contact information;
  2. A proxy postal address and phone number for the domain name registration's technical contact;
  3. A proxy email address, postal address and phone number for the domain name registration administrative contact;
  4. A proxy email address, postal address and phone number for the domain name registration billing contact;
  5. The primary and secondary domain name servers You designate for the domain name;
  6. The domain name’s original date of registration and expiration date of the registration; and
  7. The identity of the Registrar.
Notwithstanding the foregoing, the following will be DS’ point of contact for third parties wishing to report abuse or infringement of trademarks (or other rights) or of a domain name registration managed by DS;

DS will be entitled to relay communications from third parties to You.

2. BENEFITS OF DOMAIN REGISTRATION RETAINED BY YOU

You will retain the full benefits of domain name registration, including:
  1. The right to sell, transfer or assign the domain name, which shall require cancellation of the DS services associated with such domain name registration;
  2. The right to control the use of such domain name, including designating the primary and secondary domain name servers to which the domain name points;
  3. The right to cancel the domain name registration;
  4. The right to cancel the DS services associated with the domain name and/or Your privacy services with DS so that Your contract information will be published in the "Whois"; and
  5. The right to renew the domain name upon its expiration, subject to Your Registrar's applicable rules and policies.
3. PERSONAL INFORMATION AND YOUR NOTIFICATION OBLIGATIONS; REPRESENTATION AND WARRANTIES; ACCOUNT SECURITY
You agree that for a domain name for which DS becomes the Registrant on Your behalf,
2.1 Disclosure of Service Terms. P/P Provider shall publish the terms and conditions of its service (including pricing), on its website and/or Registrar's website.
2.2 Abuse/Infringement Point of Contact. P/P Provider shall publish a point of contact for third parties wishing to report abuse or infringement of trademarks (or other rights).
2.3 Disclosure of Identity of P/P Provider. P/P Provider shall publish its business contact information on its website and/or Registrar's website.
2.4 Terms of service and description of procedures. The P/P Provider shall publish on its website and/or Registrar's website a copy of the P/P Provider service agreement and description of P/P Provider's procedures for handling the following:
2.4.1 The process or facilities to report abuse of a domain name registration managed by the P/P Provider;
2.4.2 The process or facilities to report infringement of trademarks or other rights of third parties;
2.4.3 The circumstances under which the P/P Provider will relay communications from third parties to the P/P Customer;
2.4.4 The circumstances under which the P/P Provider will terminate service to the P/P Customer;
2.4.5 The circumstances under which the P/P Provider will reveal and/or publish in the Registration Data Service (Whois) or equivalent service the P/P Customer's identity and/or contact data; and
2.4.6 A description of the support services offered by P/P Providers to P/P Customers, and how to access these services.
 You will provide accurate and current information as to:
  1. Your name, the email address, postal address, phone and fax numbers for the domain name registration's Registrant contact;
  2. The email address, postal address, phone and fax numbers for the domain name registration's technical contact;
  3. The email address, postal address, phone and fax numbers for the domain name registration's administrative contact;
  4. The email address, postal address, phone and fax numbers for the domain name registration's billing contact; and
  5. You agree to provide government issued photo identification and/or government issued business certification as required for verification of identity when requested.
You agree to:
  1. Notify DS within three (3) calendar days when any of the personal information You provided upon subscribing to DS' services, changes;
  2. Respond within three (3) calendar days to any inquiries made by DS to determine the validity of personal information provided by You; and
  3. Timely respond to email messages DS sends to You regarding correspondence DS has received that is either addressed to or involves You and/or Your domain name registration, as more fully set forth below.
It is Your responsibility to keep Your personal information current and accurate at all times. Use of incorrect or false information can be considered a violation of the registration policies. In case registry or ICANN policy requires validation and/or verification of registration data You hereby undertake to cooperate and provide such required data. In the event of inaccurate contact information associated with a domain name, DS reserves the right to terminate or suspend domain names in case of violations of registry or ICANN whois policy.

You agree DS, as Registrant, will arrange for Your Registrar to charge the credit card You provided, at the Registrar's then current rates.

Renewal fees will be non-refundable. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date.

If for any reason DS and/or the Registrar for Your domain name is unable to charge Your credit card for the full amount of the service provided, or if DS and/or the Registrar is charged back for any fee it previously charged to the credit card You provided, You agree that DS and/or the Registrar may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to immediate cancellation of all services DS provides to You.

Representations and Warranties

You warrant that all information provided by You to DS is truthful, complete, current and accurate. You also warrant that You are using DS' private registration services in good faith and You have no knowledge of Your domain name infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant the domain name being registered by DS on Your behalf will not be used in connection with any illegal or morally objectionable activity, or, in connection with the transmission of spam, or that contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable or, disrupting, damaging or limiting the functionality of any software or hardware.

You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login ID and password ("Account Information").  You agree to notify DS immediately of any unauthorized use of Your account or any other breach of security.  You agree DS will not be liable for any loss that You may incur as a result of someone else using Your Account Information, either with or without Your knowledge.  You further agree You could be held liable for losses incurred by DS or another party due to someone else using Your Account Access Information.  For security purposes, You should keep Your Account Information in a secure location and take precautions to prevent others from gaining access to Your Account Information.  You agree that You are entirely responsible for all activity in Your account, whether initiated by You, or by others.  DS specifically disclaims liability for any activity in Your account, regardless of whether You authorized the activity.

4. DS' RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL INFORMATION

 You understand and agree that DS has the absolute right and power, in its sole discretion and without any liability to You, to:
  1. Cancel the privacy service (which means that Your information will be available in the "Whois") and/or reveal Your name and personal information that You provided to DS when: 
A. Required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law; 
B. To comply with a legal process served upon DS;
C. In order to comply with ICANN rules, policies or procedures;
  1. Resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name for which DS is the registrant listed in the "Whois" directory on Your behalf; or
  2. Take any other action DS deems necessary: 
    A. In the event you breach any provision of this Agreement or the DS Anti-Spam Policy; 
B. To protect the integrity and stability of the applicable domain name Registry; 

C. To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement; 

D. To comply with ICANN's Dispute Resolution Policy; 

E. To avoid any financial loss or legal liability (civil or criminal) on the part of DS, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;

F. If the domain name for which DS is the registrant on Your behalf violates or infringes a third party's trademark, trade name or other legal rights; and 

G. If it comes to DS's attention that You are using DS's services for purposes 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:

1. Appeal to the prurient interests of third parties;
2. Defame, embarrass, harm, abuse, threaten, or harass third parties;
3. Violate state, federal or international law;
4. Involve hate crimes, terrorism and child pornography;
5. Are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable;
6. Impersonate the identity of a third party;
7. Harm minors in any way; or
8. Relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.

You further understand and agree that if DS is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your domain name registration or Your use of DS's services, Your private registration service may be canceled, which means the domain name registration will revert back to You and Your identity will therefore be revealed in the Whois directory as Registrant.

In the event:
  1. DS takes any of the actions set forth in subsection i, ii, or iii above or section 5; and/or
  2. You elect to cancel DS' services for any reason --

Neither DS nor your Registrar will refund any fees paid by You whatsoever.

5. COMMUNICATIONS FORWARDING

a. Correspondence Forwarding

Inasmuch as DS' name, postal address and phone number will be listed in the Whois directory, You agree DS will review and forward communications addressed to Your domain name that are received via email, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail. You specifically acknowledge DS will not forward to You first class postal mail (other than legal notices), "junk" mail or other unsolicited communications (whether delivered through email, fax, postal mail or telephone), and You further authorize DS to either discard all such communications or return all such communications 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 DS.

b. Email Forwarding

The Whois directory requires an email address for every purchased domain name registration. When You purchase a private domain registration, DS creates a private email address for that domain name, ___________________@.com". Thereafter, when messages are sent to that private email address, DS handles them according to the email preference You selected for that particular domain name. You have three (3) email preferences from which to choose. You can elect to:
  1. Have all of the messages forwarded;
  2. Have all of the messages filtered for Spam and then forwarded; or
  3. Have none of the messages forwarded.
As with all communications, You agree to waive any and all claims arising from Your failure to receive email directed to Your domain name but not forwarded to You by DS.

c. Notifications Regarding Correspondence and Your Obligation to Respond

When DS receives certified or traceable courier mail or legal notices addressed to Your domain name, in most cases, DS will attempt to forward the mail to you via email. If You do not respond to the DS email and/or the correspondence DS has received regarding Your domain name registration concerns a dispute of any kind or otherwise requires immediate disposition, DS may immediately reveal Your identity and/or cancel the DS private registration service regarding either the domain name registration(s) in question. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number that you provided to DS.

d. Additional Administrative Fees

DS reserves the right to charge You reasonable "administrative fees" or "processing fees" for (i)  tasks DS may perform outside the normal scope of its Services, (ii) additional time and/or costs DS may incur in providing its Services, and/or (iii) Your non-compliance with the Agreement (as determined by DS in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to, (i) customer service issues that require additional personal time and attention; (ii) disputes that require accounting or legal services, whether performed by DS staff or by outside firms retained by DS; (iii) recouping any and all costs and fees, including the cost of Services, incurred by DS as the result of chargebacks or other payment disputes brought by You, Your bank or Payment Method processor.  These administrative fees or processing fees will be billed to the Payment Method You have on file with Your Registrar.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

6. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, DS'S SERVICES, USE OR INABILITY TO USE THE DS WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE DS WEBSITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO DS OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, DS'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

YOU FURTHER UNDERSTAND AND AGREE THAT DS DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

 
  1. THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
  2. ACCESS DELAYS OR INTERRUPTIONS TO OUR WEBSITE OR THE WEBSITES OF OUR AFFILIATED REGISTRARS;
  3. DATA NON-DELIVERY OF MIS-DELIVERY BETWEEN YOU AND DS;
  4. THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION;
  5. THE UNAUTHORIZED USE OF YOUR DS ACCOUNT OR ANY OF DS'S SERVICES;
  6. ERRORS, OMISSIONS OR MISSTATEMENTS BY DS;
  7. DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED TO EITHER YOU OR YOUR PRIVATE DOMAIN NAME REGISTRATION;
  8. PROCESSING OF UPDATED INFORMATION REGARDING YOUR DS ACCOUNT; AND/OR
  9. ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).

7. INDEMNITY

You agree to release, defend, indemnify and hold harmless DS, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your Registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees, arising out of or related in any way to this Agreement, the services provided hereunder by DS, the DS website, Your account with DS, Your use of Your domain name registration, and/or disputes arising in connection with the dispute policy.

8. DS WARRANTY DISCLAIMER

DS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICE PROVIDED HEREUNDER, THE DS WEBSITE OR ANY WEBSITES LINKED TO THE DS WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL DS SERVICES, AS WELL AS THE DS WEBSITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF DS'S SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

If any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement constitutes the complete and only Agreement between You and DS regarding the services contemplated herein.

This Agreement shall be governed in all respects by the laws and judicial decisions of Israel, excluding its conflicts of laws rules. Except as provided immediately below, You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of Israel. For the adjudication of domain name registration disputes, you agree to submit to the exclusive jurisdiction and venue of the Israel District Court.

All notices from DS to You will be sent to the email address You provided to DS. Notices by email shall be deemed effective twenty-four (24) hours after the email is sent by DS, unless DS receives notice that the email address is invalid, in which event DS may give You notice via first class or certified mail, return receipt requested. All notices from You to DS shall be sent via certified mail, return receipt requested or traceable courier to:

Domain Services Ltd.
81 Sokolov St.
Ramat-Hasharon 47238
Israel

Notices sent via certified mail or traceable courier shall be deemed effective five (5) days after the date of mailing.

The terms of this Agreement shall continue in full force and effect as long as DS is the Registrant for any domain name on Your behalf.