WHOIS Privacy Service Agreement

Please read the whois WHOIS Privacy Service Agreement (hereinafter referred to as “the agreement”) as it contains clauses that may and can affect your legal rights, responsibilities, and liabilities. You agree that the clauses written herewith are liable to be amended by Domainmarkia. Using, continuing to use, accessing, and continuing to access the services provided by Domainmarkia implies an unambiguous, clear, and equivocal agreement to its terms and conditions and any other changes publicized on https://www.domainmarkia.com/legal/terms-and-conditions. It also implies that you (the registrant) have full knowledge of the implications of this and any other agreement set out by Domainmarkia.

1. INTRODUCTION

This Agreement is between LegalForce RAPC Worldwide P.C., a Company incorporated in the United States of America, headquartered in Leading IP and Business Law Firm from Mountain View, CA, and you, your heirs, executors, administrators, agents, successors, assigns, or any other person(s) authorized to act on your behalf.

WHEREAS, you acknowledge that you have read, understand, and agree to be bound by all the terms and conditions of this Agreement for transactions entered into by:

(i) You on Your behalf;

(ii) anyone acting as Your agent;

(iii) anyone who uses the account with or without your authorization that access the WHOIS Privacy Services

WHEREAS, we reserve the right to amend the terms and conditions contained in this Agreement at any time by posting the amended Agreement in full, to the Company’s https://www.domainmarkia.com/ without further notice to you, effective immediately upon such posting, and without any private correspondence to you or any other person concerned therewith.

WHEREAS, you also acknowledge and agree, in toto, that we reserve the sole right(s) to amend, modify, alter, cancel, or suspend the Policy at any time, and at our discretion, and that your continued usage or usage will be an implied yet clear agreement of such terms and conditions as put forth herein.

WHEREAS, it is in your complete knowledge and understanding that LegalForce R.A.P.C is the parent company of Domainmarkia

2. THE WHOIS PRIVACY SERVICE

You agree to allow Domainmarkia to display its contact information in the publicly available "Whois" directory in place of your information. Subject to the clauses of this agreement, DOMAINMARKIA SHALL KEEP YOUR INFORMATION CONFIDENTIAL.

You agree that the following information will be removed/hidden/not publicized the following information available on the Whois Directory:

• Your administrative, technical, and billing contacts
• Your Postal address
• Assigned email address
• Telephone number

WHEREAS, you understand and agree, in toto, that the revocation of this agreement may result in immediate and full disclosure of the registrant’s information in the whois as well as to third-party claimants. However, a notice of intimation will be given to you prior to such disclosure, which will be upon you to acknowledge and take note of.

WHEREAS, you are to ensure that this and all the other information provided is up-to-date, accurate, and complete to the best of your knowledge. In case all or any of the information concerned therewith is changed or updated in any form, you remain solely responsible for communicating such change or updation to us.

WHEREAS, we will send all renewal and transfer-related communications to the contact details you supply.

WHEREAS, you understand and agree that the list given above is not exhaustive but indicative.

You agree that the information, given below, will be displayed and publicly available

1. Domainmarkia’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. The primary and secondary nameservers shall be those designated by you.
3. The original date of registration and the expiration of each domain name
4. Domainmarkia will be identified as the registrant of record

3. YOUR RIGHTS AND BENEFITS

You agree and acknowledge that you retain certain rights as listed below, despite and even after choosing Domainmarkia:

1. The right to sell, transfer, or assign each 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 Domainmarkia so that your 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.

4. COMMUNICATIONS FORWARDING

You understand and agree that choosing to use Domainmarkia’s services will inadvertently lead to certain email or other communications.

WHEREAS, you understand that such communication may or may not primarily take place over digital media. It may also take place via email, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first-class U.S. postal mail.

WHEREAS, we will only be responsible for forwarding communications where our details have appeared in the Whois and when your Whois Information is accurate, complete, and up to date.

WHEREAS, you understand that email correspondence will be forwarded according to the email contact details you supply.

5. REGARDING PAYMENTS, RENEWALS AND FEES

You understand that obtaining a domain or availing of the services for the same involves monetary transactions in the form of fees or other charges. You also understand that the such charges will be deducted as per the bank details as have been provided by you.

WHEREAS, you agree that the term of the WHOIS Privacy registration will run in conjunction with the requested domain that the Client wishes to register or any pre-existing domain that the client wishes to renew. However, should the domain be registered on a different date to the WHOIS Privacy You acknowledge and understand that this does not mean the WHOIS Privacy will run for the same length of time as the domain is registered.

WHEREAS, you understand that the fees required to complete the services or series of services provided to you are in exchange for monetary obligations in the form of fees, and that, the fees for the service are charged through the registration service provider.

WHEREAS, you understand that using, continuing to use, accessing, and continuing to access the services provided by Domainmarkia will lead to charges as published on https://www.domainmarkia.com

WHEREAS, you understand that having the Whois Privacy Service disabled or dormant for any length of time during the term of the service does not mean that the purchase price shall be refunded or reduced in any way.

WHEREAS, you agree that Domainmarkia will charge for an automatic renewal upon the expiry of your term. Unless you actively set the service to expire upon renewal.

WHEREAS, if for any reason Domainmarkia 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 Domainmarkia and/or the Registrar is charged back for any fee it previously charged to the credit card you provided, you agree that Domainmarkia 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 Domainmarkia provides to you.

6. VERIFICATION, REPRESENTATION AND WARRANTIES

WHEREAS, you represent and warrant that all information provided by you pursuant to this agreement is truthful, complete, current, and accurate and you represent and warrant that You will maintain all information in this status throughout the term of this Agreement.

WHEREAS, you also represent and warrant that you are using the Whois Privacy Services in good faith and that you have no knowledge or reason to believe that your Domain name or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name.

WHEREAS, you also warrant that neither the Domainmarkia nor LegalForce R.A.P.C will be used in connection with any illegal or morally objectionable activity, or, in connection with the transmission of unsolicited commercial email.

7. RIGHT TO SUSPEND AND DISABLE

We reserve the right, at our sole discretion and without liability to you or any of your contacts, to suspend or cancel the WHOIS Privacy Service and to reveal the Registrant and other contact information in certain circumstances, including but not limited to the following:

1. when required by law;
2. in the good faith belief that disclosure is necessary to further determine an alleged breach of a law;
3. to comply with all legal processes
4. to resolve any and all third-party claims including but not limited to ICANN's or a Registry's dispute resolution policy;
5. to avoid financial loss or legal liability;
6. if we believe that you or one of your Contacts are using the WHOIS Privacy Service to conceal involvement with illegal, illicit, objectionable, or harmful activities;
7. to transmit SPAM, viruses, or other malware

You understand and agree that, in the event that we receive a formal complaint, a notice of claim, or URDP, we will have the right to disable the WHOIS Privacy Service pending the final resolution of the matter.

8. MISCELLANEOUS PROVISIONS

WHEREAS, you agree to release, defend, indemnify, and hold harmless Domainmarkia, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees, and the 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 Domainmarkia.

WHEREAS, you know and understand, and further affirm that you have complete knowledge that, Domainmarkia and its parent/subsidiary companies hold various trademarks and copyrights related to this and other agreements set forth between you and them, and that, you are prohibited from using, in any manner whatsoever, any of the afore-described content and materials without the express written permission. 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.

WHEREAS, you acknowledge and agree that Domainmarkia may conduct background checks ("verifications") on the information you have provided. However, such checks will only concern the information that you have disclosed to us. Moreover, no details of these background checks or any subsequent actions will be disclosed to the public.

WHEREAS, you understand that this agreement is subject to severability.

9. ARBITRATION CLAUSE

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and Domainmarkia, and supersedes and governs all prior proposals, agreements, or other communications with respect to the Privacy Service.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Domainmarkia to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Domainmarkia of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by the applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.

Domainmarkia will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

All disputes between the parties concerning any matter relating to this Agreement shall be subject to arbitration under the Commercial Rules of the American Arbitration Association. The arbitration shall be the exclusive forum available to the parties and all hearings shall take place in Chicago, Illinois (USA).

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