Legal Agreements

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Domain Name Proxy Agreement (this “Service Agreement”) governs your use of Eyaggo’s domain privacy related services (“DBP Services”). Capitalized terms used in this Service Agreement, but not defined, are defined in the Universal Terms of Service Agreement.

You further agree to abide by the terms and conditions promulgated by 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. Description of Eyaggo's Private Registration Services

When You subscribe to Eyaggo's private registration service through a Eyaggo-affiliated Registrar, Eyaggo will display its contact information in the publicly available "Whois" directory in place of Your information. Eyaggo shall keep Your name, postal address, email address, phone and fax numbers confidential, subject to Section 4 of this Agreement. The following information (and not Your personal information) will be made publicly available in the "Whois" directory as determined by ICANN policy:

1. Eyaggo's name as the proxy Registrant of the domain name and a proxy email address, phone number and postal address for the proxy 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's administrative contact;
4. A proxy email address, postal address and phone number for the domain's name registration's 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.

2 . FULL BENEFITS OF COMAIN REGISTRATION RETAINED BY YOU

Although Eyaggo will show in the "Whois" directory as the Registrant of each domain name registration You designate, You will retain the full benefits of domain name registration with respect to each such domain name registration, including, subject to Section 4 below:

1. The right to sell, transfer or assign each domain name registration, which shall require cancellation of the DBP Services associated with each such domain name registration;
2. The right to control the use of each domain name registration, including designating the primary and secondary domain name servers to which each domain name points;
3. The right to cancel each domain name registration;
4. The right to cancel the DBP Services associated with each domain name registration and/or Your privacy services with Eyaggoso that Your contract information is listed in the "Whois" directory; and
5. The right to renew each domain name registration upon its expiration, subject to Your Registrar's applicable rules and policies.

3 . PERSONAL INFORMATION AND YOUR NOTIFICATION OBLIGATIONS; REPRESENTATION AND WARRANTIES; ACCOUNT SECURITY

Personal Information and Your Notification Obligations

You agree that for each domain name for which you use DBP 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 identification as required for verification of identity when requested.

You agree to:

1. Notify Eyaggowithin three (3) calendar days when any of the personal information You provided upon subscribing to DBP Services, changes;
2. Respond within three (3) calendar days to any inquiries made by Eyaggo to determine the validity of personal information provided by You; and
3. Timely respond to email messages Eyaggo sends to You regarding correspondence Eyaggo has received that is either addressed to or involves You and/or Your domain name registration, as more fully set forth in Section 5(c) below.
4. To allow Eyaggo to act as your Designated Agent (as that term is defined below) in instances when DBP Services are added to or cancelled from your domain name and for the purpose of facilitating a change of registrant request (as further described below).
5. As required by ICANN or for certain ccTLDs (.ag, .am, .at, .au, .be, .ca, .cl, .cn, .de, .dk, .es, .fi, .fm, .fr, .gg, .gr, .gs, .in, .it, .jp, .kr, .ms, .my, .nl, .no, .nu, .ph, .pl, .pt, .ru, .sc, .se, .sg, .tc, .tk, .tw, .us, .vg, .co.nz, .net.nz, .org.nz, .com.tw, .org.tw, .idv.tw, .com.cn, .net.cn, .org.cn, .jobs, .eu, .com.ag, .net.ag, .org.ag, .com.pl, .net.pl, .org.pl, .biz.pl, .info.pl, .com.sc, .net.sc, .org.sc, .com.au, .net.au, .com.br, .co.jp, .com.sg, .com.ph, .co.za, .co.in, .com.pt, .org.au, .net.in, .org.in, .firm.in, .gen.in, .ind.in, .com.my, .gov.co, .com.es, .com.ve, .org.ve, .com.gr, .net.my, .nom.es, .org.es, .net.br, .org.co, .co.kr, .org.my, .com.ru, .net.ru, .org.ru, .co.ve, .info.ve, .net.ve, .web.ve, .ne.kr, .net.ph, .org.ph, .nyc, .vote, .law, .blackfriday, .hiv, .tattoo, .voto, .pics, .sydney, .flowers, .lol, .amsterdam, .hiphop, .juegos, .link, .guitars, .gift, .click, .nrw, .property, .diet, .help, .sexy, .mom, .audio, .game, .christmas, .photo, .hosting, .melbourne, .re.kr), we are restricted/prohibited from using Domains By Proxy (i.e., Private or Proxy data) for domains under these TLDs. Your information may be made publicly available by the registry operator via Whois or its successor protocol (collectively referred to as the “Whois" Directory) that is beyond, and not subject to, Eyaggo's control.

It is Your responsibility to keep Your personal information current and accurate at all times.

Renewals

You agree Eyaggo will arrange for Your Registrar to charge the credit card You have on file with the Registrar, at the Registrar's then current rates.

If for any reason Eyaggo 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 Eyaggo and/or the Registrar is charged back for any fee it previously charged to the credit card You provided, You agree that Eyaggo 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 Eyaggo provides to You.

Representations and Warranties

You warrant that all information provided by You to Eyaggo is truthful, complete, current and accurate. You also warrant that You are using Eyaggo's 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 Eyaggo on Your behalf will not be used in connection with any illegal 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.

Account Security

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

Designated Agency and Change of Registrant Information

“DESIGNATED AGENT” MEANS AN INDIVIDUAL OR ENTITY THAT THE PRIOR REGISTRANT OR NEW REGISTRANT EXPLICITLY AUTHORIZES TO APPROVE A CHANGE OF REGISTRANT REQUEST ON ITS BEHALF. IN THE CASE OF DBP SERVICES, A CHANGE OF REGISTRANT REQUEST MAY ALSO ARISE DUE TO INSTANCES WHERE DBP SERVICES ARE ADDED, OR REMOVED, FROM A DOMAIN NAME. FOR THE PURPOSE OF FACILITATING ANY SUCH CHANGE REQUEST, AND IN ACCORDANCE WITH ICANN'S CHANGE OF REGISTRANT POLICY, YOU AGREE TO APPOINT Eyaggo AS YOUR DESIGNATED AGENT FOR THE SOLE PURPOSE OF EXPLICITLY CONSENTING TO MATERIAL CHANGES OF REGISTRATION CONTACT INFORMATION ON YOUR BEHALF.

4 . Eyaggo's Rights to Deny, Suspend, Terminate Service and to Disclose Your Personal Information

You understand and agree that Eyaggo has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to:

1. Cancel the privacy service (which means that Your information will be available in the "Whois" directory) and/or reveal Your name and personal information that You provided to Eyaggo
   1. When required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law or in the interest of public safety;
   2. To comply with legal process served upon Eyaggo or in response to a reasonable threat of litigation against Eyaggo (as determined by Eyaggo in its sole and absolute discretion); or
   3. To comply with ICANN rules, policies, or procedures.
2. Resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name for which Eyaggo is the registrant listed in the "Whois" directory on Your behalf; or
3. Take any other action Eyaggo deems necessary:
   1. In the event you breach any provision of this Agreement or the Eyaggo Anti-Spam Policy;
   2. To protect the integrity and stability of, and to comply with registration requirements, terms, conditions and policies of, the applicable domain name Registry and/or Registry Provider;
   3. To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
   4. To comply with ICANN's Dispute Resolution Policy or ICANN's Change of Registrant Policy;
   5. To avoid any financial loss or legal liability (civil or criminal) on the part of Eyaggo, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
   6. If the domain name for which Eyaggo is the registrant on Your behalf violates or infringes a third party's trademark, trade name or other legal rights; and
   7. If it comes to Eyaggo's attention that You are using Eyaggo's services in a manner (as determined by Eyaggo in its sole and absolute discretion) that:
      • Is illegal, or promotes or encourages illegal activity;
      • Promotes, encourages, or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
      • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
      • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
      • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
      • Infringes on the intellectual property rights of another User or any other person or entity;
      • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
      • Interferes with the operation of Eyaggo services;
      • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
      • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Eyaggo or its services.

You further understand and agree that if Eyaggo 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 Eyaggo'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. Eyaggo takes any of the actions set forth in subsection i, ii, or iii above or section 5; and/or
2. You elect to cancel Eyaggo's services for any reason --

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

5 . COMMUNICATIONS FORWARDING

a. Correspondence Forwarding

Inasmuch as Eyaggo's name, postal address and phone number will be listed in the Whois directory, You agree Eyaggo 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 Eyaggo 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 Eyaggo 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 Eyaggo.

b. Email Forwarding

The Whois directory requires an email address for every purchased domain name registration. When You purchase a private domain registration, Eyaggo creates a private email address for that domain name, "@domainsbyproxy.com". Thereafter, when messages are sent to that private email address, Eyaggo 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 Eyaggo.

c. Notifications Regarding Correspondence and Your Obligation to Respond

When Eyaggo receives certified or traceable courier mail or legal notices addressed to Your domain name, in most cases, Eyaggo will attempt to forward the mail to you via email. If You do not respond to the Eyaggo email and/or the correspondence Eyaggo has received regarding Your domain name registration concerns a dispute of any kind or otherwise requires immediate disposition, Eyaggo may immediately reveal Your identity and/or cancel the Eyaggo 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 Eyaggo.

d. Additional Administrative Fees

Eyaggo reserves the right to charge You reasonable "administrative fees" or "processing fees" for (i) tasks Eyaggo may perform outside the normal scope of its Services, (ii) additional time and/or costs Eyaggo may incur in providing its Services, and/or (iii) Your non-compliance with the Agreement (as determined by Eyaggo 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 Eyaggo staff or by outside firms retained by Eyaggo; (iii) recouping any and all costs and fees, including the cost of DBP Services, incurred by Eyaggo 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 Eyaggo BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, DBP SERVICES, USE OR INABILITY TO USE THE Eyaggo WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE Eyaggo WEBSITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO Eyaggo 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 Eyaggo 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, Eyaggo'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

YOU FURTHER UNDERSTAND AND AGREE THAT Eyaggo 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 Eyaggo;
4. THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION;
5. THE UNAUTHORIZED USE OF YOUR Eyaggo ACCOUNT OR ANY OF DBP SERVICES;
6. ERRORS, OMISSIONS OR MISSTATEMENTS BY Eyaggo;
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 Eyaggo 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 Eyaggo, 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 Eyaggo, the Eyaggo website, Your account with Eyaggo, Your use of Your domain name registration, and/or disputes arising in connection with the dispute policy.

8 . Eyaggo WARRANTY DISCLAIMER

Eyaggo, 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 Eyaggo WEBSITE OR ANY WEBSITES LINKED TO THE Eyaggo WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL DBP SERVICES, AS WELL AS THE Eyaggo WEBSITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF DBP 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.

9 .COPYRIGHT AND TRADEMARK

You understand and agree that all content and materials contained in this Agreement, the Privacy Policy and the Eyaggo website, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Eyaggo expressly reserves its rights in and to all such content and materials.

You further understand and agree You are prohibited from using, in any manner whatsoever, any of the afore-described content and materials without the express written permission of Eyaggo. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

10 . MISCELLANEOUS PROVISIONS

a. Severability; Construction; Entire Agreement

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 this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and Eyaggo regarding the services contemplated herein.

f. Term of Agreement; Survival

The terms of this Agreement shall continue in full force and effect as long as Eyaggo is the Registrant for any domain name on Your behalf. Sections 5 (Communications Forwarding), 6 (Limitation of Liability), 7 (Indemnity), 8 (Warranty Disclaimer) and 10 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.

b. Governing Law; Venue; Waiver Of Trial By Jury

This Agreement shall be governed in all respects by the laws and judicial decisions of Maricopa County, Arizona, 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 Maricopa County, Arizona. For the adjudication of domain name registration disputes, you agree to submit to the exclusive jurisdiction and venue of the U.S. District Court for the District of Arizona located in Phoenix, Arizona. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement.

c. Notices

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

Domains By Proxy, LLC
100 S. Mill Ave
Suite 1600
Tempe. AZ 85281 USA

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

d. Insurance

In the unlikely event You lose Your domain name registration to a third party solely as a result of Eyaggo's negligent actions (and absent fraud or other negligent or willful misconduct committed by a third party), You may be insured against such loss through Eyaggo's Professional Liability Insurance Policy, which is currently underwritten by American International Insurance Company. Of course, every claim is subject to the then-carrier's investigation into the facts and circumstances surrounding such claim. In the event You have reason to believe that circumstances exist which warrant the filing of an insurance claim, please send a written notice (specifying the basis for such claim), via certified mail, return receipt requested, to:

Eyaggo
Attn: Insurance Claims
100 S. Mill Ave
Suite 1600
Tempe. AZ 85281 USA

e. Indemnification

In the unlikely event You lose Your domain name registration to a third party solely as a result of Eyaggo's willful misconduct, Your Registrar (the "Indemnifying Party") will indemnify and hold You harmless against any losses, damages or costs (including reasonable attorneys' fees) resulting from any claim, action, proceeding, suit or demand arising out of or related to the loss of Your domain name registration. Such indemnification obligations under this Section 10(e) are conditioned upon the following:

1. That You promptly give both Eyaggo and the Indemnifying Party written notice of the claim, demand, or action and provide reasonable assistance to the Indemnifying Party, at its cost and expense, in connection therewith, and
2. That the Indemnifying Party has the right, at its option, to control and direct the defense to any settlement of such claim, demand, or action.

Any notice concerning indemnification shall, with respect to Eyaggo, be sent in accordance with Section 10(c) of this Agreement. With respect to Your Registrar, notices regarding indemnification should be sent in accordance with the notification provisions contained in Your Registrar's Domain Name Registration Agreement.