ATAKDOMAIN.COM PROXY AGREEMENT
This Agreement is agreed between DBP and you, your heirs, agents, agents and contractors ("You") and becomes
effective after electronic entry into force. This Agreement sets out the terms and conditions of your relationship with DBP,
your use of DBP services, and constitutes the entire Agreement between You and DBP. By using the DBP Services, you
agree that you have read and understood all the terms and conditions of this Agreement and are binding on you, and you
agree that the terms of this Agreement will be binding on transactions by:
i. On your own behalf;
ii. Anyone who treats you like your vehicle and
iii. Anyone using the account you have set up with DBP, regardless of whether transactions are made on Your behalf and/or with your consent.
You agree that statements made by third parties acting on your behalf and using or purchasing DBP services are binding on you. You further agree that general statements on the DBP website or in DBP promotional materials will not be binding on DBP. You agree to comply with the terms and conditions published by the Internet Corporation for Assigned Names and Numbers ("ICANN") (including the Uniform Dispute Resolution System ("Dispute Resolution System") and the Domain Name Registrar—that is, the ICANN-approved person or entity with which you have registered the domain name) you will.
EXPLANATION ON DBP'S SPECIAL REGISTRATION SERVICES
When you subscribe to DBP's private registration through DBP's partner Domain Name Registrar, DBP displays its own
contact information instead of Your information in the public “Whois” directory. DBP will keep your Name, postal address,
e-mail address, telephone and fax numbers confidential, subject to Section 4 of this Agreement. The following information
(and not your personal information) will be publicly available in the "Whois" directory as determined by ICANN policy:
I. DBP's name as the proxy Domain Owner of the domain name and proxy email address, phone number and postal address for the proxy Domain Owner's contact information;
ii. Proxy mail address and phone number of the domain name registration information technical contact;
iii. The proxy email address, postal address, and phone number of the domain registration's administrative contact;
iv. Proxy email address, postal address and phone number of the contact person of the domain registration invoice;
v. The primary and secondary name servers that you specify for the domain name;
vi. The original registration date and expiration date of the domain name, and
vii. The Domain Name Registrar ID.
2. TAKING FULL USE OF YOUR DOMAIN REGISTRATION
Although DBP will display as the Registrar each domain name registration information you specify in the "Whois"
directory, you will still benefit from the domain name registration information associated with each domain registration
information in accordance with Section 4 below:
I. The right to sell, transfer or assign any domain name registration information as this will entail the cancellation of the DBP service associated with each domain name registration information;
ii. The right to control the use of each domain name registration, including specifying primary and secondary name servers for each domain name;
iii. The right to cancel the registration information of each domain name;
iv. The right to cancel DBP services associated with each domain name registration and/or your DBP confidential services, as your contract information is listed in the "Whois" directory; and
v. The right to renew each domain name registration information upon expiration is subject to the applicable rules and policies of the Registrar.
3. PERSONAL INFORMATION AND YOUR NOTIFICATION OBLIGATIONS; REPRESENTATIONS AND WARRANTIES; ACCOUNT SECURITY Your Personal Information and Notification Obligations
For each domain you use DBP's services, you agree to provide accurate and up-to-date information on:
i. Your name, email address, postal address, telephone and fax numbers for the Registrant contact of the domain name registration;
ii. The e-mail address, postal address, telephone and fax numbers of the technical contact of the domain name registration;
iii. Email address, postal address, telephone and fax numbers of the administrative contact of the domain name registration;
iv. Email address, postal address, telephone and fax numbers of the billing contact for the domain name registration; and
v. You agree to provide government-issued photo ID and/or government-issued corporate ID for authentication when requested.
You agree to:
i. Notify DBP within three (3) calendar days of any change in any personal information you provide while
subscribing to DBP's services;
ii. Respond to any inquiry made by DBP within three (3) calendar days to determine the validity of the personal information you have provided; and
iii. Respond in a timely manner to DBP's email messages to You or to correspondence involving You and/or your domain name registration, as further described in Section 5(c) below.
iv. Allow DBP to act as your Designated Agent (term explained below) and facilitate the modification of registrant claims (as described below) when DBP services are added to or canceled by your domain name.
v. As required by ICANN or with respect to certain ccTLDs, our use of Domains By Proxy (e.g. Private or Proxy data) for domains under those TLDs is restricted or prohibited. These ccTLDs are as follows: .ag, .am, .at, .be, .ca, .cl, .cn, .de, .dk, .es, .fi, .fm, .fr, .gg, . gr, .gs, .in, .it, .jp, .kr, .ms, .my, .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. Your information may be made public by the registrar by Whois or its successor protocol (collectively referred to as the "Whois" Directory). This situation is outside of Atak Domain's control and is not subject to it. property, .diet, .help, .sexy, .mom, .audio, .game, .christmas, .photo, .hosting, .melbourne, .re.kr. Your information may be made public by the registrar by Whois or its successor protocol (collectively referred to as the "Whois" Directory). This situation is outside of Atak Domain's control and is not subject to it. property, .diet, .help, .sexy, .mom, .audio, .game, .christmas, .photo, .hosting, .melbourne, .re.kr. Your information may be made public by the registrar by Whois or its successor protocol (collectively referred to as the "Whois" Directory). This situation is outside of Atak Domain's control and is not subject to it.
It is your responsibility to ensure that your personal information is always up to date and accurate.
You agree that DBP will set your Domain Name Registrar to charge your credit card the then-current fee.
If, for any reason, DBP and/or the Domain Name Registrar cannot withdraw the full amount of the service provided from your credit card, or if DBP and/or the Domain Name Registrar re-charges the previously charged fee from your credit card, the DBP and/or Domain Name Registrar's You agree that , without notice to you, it will use all available legal remedies to obtain payment, including but not limited to the immediate cancellation of all services provided by DBP.
Representations and Warranties.
You warrant that all information you provide to DBP is reliable, complete, current and correct. You also warrant that you are using DBP's proprietary registration services in good faith and that you have no knowledge of whether your Domain name infringes a third party's legal rights or a third party's trademark or trade name. Also, the domain name registered on your behalf by DBP; You warrant that you will not use it to engage in illegal activities, send Spam with this Domain Name, or add viruses, worms, bugs, Trojan horses, or other code, files, or programs to this Domain Name that would interrupt, limit, or damage the functionality of software or hardware.
You agree that you are fully responsible for maintaining the confidentiality of your customer number/login ID and password ("Account Access Information"). You agree to immediately notify DBP of any unauthorized use of your account or any breach of security. You agree that DBP will not be liable for any loss resulting from the use of your Account Access Information by someone else with or without your knowledge. You agree that you may be responsible if DBP or any other party suffers a loss if your Account Access Information is used by someone else. For security purposes, you should keep your Account Access Information in a safe place and take measures to prevent others from accessing your Account Access Information. You agree that you are solely responsible for all activities related to your account, whether by you or others. DBP specifically disclaims responsibility for any activity in your Account, whether or not the activity is authorized by you.
Assigned Agent and Change of Registrant Information
"Assigned Agent" MEANS THE PERSON OR ENTITY EXPRESSLY AUTHORIZED BY THE PREVIOUS DOMAIN OWNER OR THE NEW RESIDENTIAL OWNER TO CONFIRM THE REPLACEMENT OF THE RESIDENTIAL OWNER. FOR DBP SERVICES, A REQUEST FOR CHANGE OF DOMAIN NAME MAY ALSO COME DUE TO CASES WHERE DBP SERVICES ARE ADDED OR REMOVED FROM A DOMAIN. TO FACILITATE A REQUEST FOR SUCH CHANGE AND TO MAKE COMPLIANCE WITH ICANN 'S DOMAIN CHANGE POLICY , YOUR APPROACH DOES NOT APPROVE YOU TO MAKE CHANGES TO THE DOMAIN OWNER CONTACT INFORMATION ON YOUR BEHALF.
4. DBP's RIGHTS TO REJECT, SUSPEND, TERMINATE YOUR SERVICES AND DISCLOSURE YOUR PERSONAL INFORMATION
You understand and agree that DBP, in its sole discretion, without liability of any kind to You, has full right and authority to:
i. To cancel the privacy service (your information will appear in the “Whois” directory) and/or disclose your Name and personal information that you have provided to DBP
. When required by law, such action is believed to be necessary to comply with the regulations of the law or in the interest of public safety;
To comply with legal process (as determined by DBP in its sole and absolute discretion) submitted to DBP or in response to a reasonable threat of action against DBP; or
. To comply with ICANN rules, policies or procedures.
iii. To resolve any potential or actual third-party claims arising from your use of the domain name that DBP has listed in the "Whois" directory as the registrant on your behalf; or
iv. Take any other action that DBP deems necessary:
. If you violate any provision of this Agreement or the DBP Anti-Spam Policy;
A. To maintain the integrity and stability of the Registrar and/or Registrar of the relevant domain name and to comply with registration requirements, terms, conditions and policies;
B. To comply with applicable laws, government rules or requirements, subpoenas, court orders, or law enforcement requests;
C. To comply with ICANN's Dispute Resolution Policy or ICANN's Change of Registrant Policy;
D. To avoid any financial loss or legal liability (legal or criminal) with respect to DBP, its parent companies, affiliates, partners, shareholders, agents, officers, directors and employees;
E. The domain name that DBP has registered on your behalf infringes a third party's trademark, trade name or other legal rights; and
F. If DBP becomes aware of your use of DBP's services in the following ways (as determined by DBP in its sole and absolute discretion):
▪ that is illegal or encourages illegal activities;
▪ Promotes or promotes any activity related to the dissemination of child abuse or child sexual abuse material (CSAM);
▪ Promotes, promotes or involves terrorism, violence against people, animals or property;
▪ Promotes or engages in Spam or unauthorized mass e-mail or computer or network hacking or attack;
▪ Violates the Ryan Haight Online Pharmacy Consumer Protection Act 2008 or similar legislation, or promotes, encourages, or engages in the sale or distribution of prescription drugs without a valid prescription;
▪ Violates the intellectual property rights of another User or any other person or entity;
▪ Violates the right of privacy or publicity of another User or another person or entity, or violates your confidentiality obligation to another User or another person or entity;
▪ involved in the operation of DBP services;
▪ Contains or installs viruses, worms, bugs, Trojan horses or similar code, files or programs designed to disrupt, damage or limit the functionality of any software or hardware; or
▪ Contains false or misleading statements or unsubstantiated or comparative claims about DBP or its services.
You understand and agree that in legal or administrative proceedings arising from your domain name registration or use of DBP services, your private registration service may be revoked if DBP is named the defendant or investigated party, i.e. your domain name registration information will be displayed and your identity as the Registrant will be disclosed in the Whois directory.
In the following cases:
i. DBP takes one of the actions outlined in subsections i, ii, and iii or section 5 above, and/or
ii. You can choose to cancel the DBP service for any reason.
DBP or your Domain Name Registrar will not refund any fees you have paid.
a. Forwarding Correspondence
Because DBP's name, mailing address, and phone number are listed in the Whois directory, DBP will review communications received by email, registered mail, or trackable courier mail (such as UPS, FedEx, or DHL), or U.S. firstclass postal mail, forwarded to your Domain. and you agree to forward it. You expressly agree that DBP will not forward mail to you using first-class mail (other than statutory notices), "junk" mail, or other unsolicited communications, and you authorize DBP to remove such communications and return them unopened to the recipient. You agree to waive all claims arising from your failure to receive communications directed to your Domain name by DBP but not forwarded to you.
b. Forwarding Emails
The Whois directory requires an email address for every domain registration purchased. When you purchase a custom
domain registration, DBP creates a custom email address for that domain, "@domainsbyproxy.com". Then when
messages are sent to this custom email address, DBP processes them based on the email preferences you choose for
that particular domain. There are three (3) email preferences to choose from. You can choose:
I. forward all messages;
ii. Spam filter all messages and then forward or
iii. Not delivering any messages.
As with all communications, you agree to waive any claims arising from your failure to receive e-mails forwarded to your Domain (not DBP forwarded e-mails) if it is due to you.
c. Correspondence Notices and Your Obligation to Respond
When DBP receives registered or trackable courier mail or legal notices regarding your Domain name, it will usually attempt to forward the mail to you via e-mail. If you do not respond to the email and/or mail sent by DBP stating that your domain name registration is involved in some kind of conflict or that its immediate assignment is required, DBP may promptly disclose your ID and/or cancel the DBP private registration service regarding such domain name registration(s). This means that the Whois directory will start displaying the name, mailing address, email address and phone number you provide to DBP.
D. Additional Administration Fees
DBP; (i) duties that DBP may perform outside the normal scope of the Service, (ii) additional time and/or expenses
required in providing the Services, and/or (iii) reasonable “administration fees” or “processing fees” from you for your
failure to comply with the Agreement. Typical management or transaction fee scenarios include, but are not limited to: (i) customer service situations that require additional personal time and attention, (ii) disputes that require accounting or
legal services, whether carried out externally by DBP employees or by DBP, ( iii) Payment of all costs and fees resulting
from Service charges, chargebacks or other payment disputes by DBP to You, your Bank or the Payment Method
You agree to waive your right to a jury trial in any action relating to or arising out of this Agreement.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL DBP, WHICH CAUSE THIS AGREEMENT, DOMAIN NAME REGISTRATION INFORMATION,
USE OR UNABILITY OF THE DBP WEBSITE OR MATERIALS AND A WEB SITE CONTENT OR MATERIALS OF THE
WEB SITE CONTENT AND A WEBSITE INFORMATION ON THE WEB SITE. SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO THE
PROVISION OF THE THIRD PARTY. WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, DBP IS WARNED THAT THESE DAMAGES
MAY CAUSE, AND THESE CONSEQUENCES ARE REASONABLE.
YOU UNDERSTAND AND AGREE THAT DBP DISCLAIMERS OR LIABILITY ARISING FROM THE FOLLOWING REASONS:
I. UNINTENDED DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
ii. DELAYS OR INTERRUPTIONS OF ACCESS TO OUR WEBSITES OR OUR AFFILIATED DOMAIN REGISTER'S WEBSITES;
iii. NO COMMUNICATION OR ERRORSITY OF DATA BETWEEN YOU AND DBP;
iv. FAILURE TO RENEW A PRIVATE DOMAIN NAME REGISTRATION INFORMATION FOR ANY REASON;
v. UNAUTHORIZED USE OF YOUR DBP ACCOUNT OR ANY DBP SERVICES;
vi. ERRORS, OMISSIONS OR WRONG PRESENTATIONS CAUSED BY DBP;
vii. DELETING, FAILURE TO RECORD, PROCESSING, OR ACTIONS ON E-MAIL MESSAGES DELIVERED TO YOU OR YOUR PRIVATE DOMAIN REGISTRATION;
viii. PROCESSING UPDATED INFORMATION ABOUT YOUR DBP ACCOUNT AND/OR
ix. ACTIONS OR OMISSIONS ARISING FROM YOU OR YOUR AGENTS (WITHOUT OR WITHOUT YOUR PERMISSION).
7. DBP WARRANTY DISCLAIMER
**DBP, ITS PARENT COMPANIES, SUBSIDIARIES, SUBSIDIARIES, STAKEHOLDERS, AGENTS, MANAGERS, MANAGERS AND EMPLOYEES; With this agreement, including implicit guarantees regarding trade convenience, compliance with a specific purpose and the lack of violations, but not limited to these agreements, all open or implicit statements related to the DBP website or any other website connected to the DBP website AND EXPRESSLY DISCLAIMS ANY WARRANTIES. ALL DBP SERVICES AND DBP WEBSITES ARE PROVIDED "AS IS". YOUR SUBSCRIPTION AND USE OF THE DBP SERVICES AND WEBSITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. THEREFORE, THE ABOVE DISCLAIM DOES NOT APPLY TO YOU. **
8. COPYRIGHT AND TRADEMARK
various copyright, patent, trademark, service mark and trade secret laws of the United States and other applicable
proprietary rights and laws, and that DBP You understand and agree that your rights regarding the contents and materials
are expressly reserved.
You understand and agree that you are prohibited from using the above-mentioned content and materials, for whatever reason, without the express and written consent of DBP. No license or right is granted to you or authorized by this Agreement or otherwise under any copyright, patent, trademark, service mark, or other proprietary right or license
9. MISCELLANEOUS PROVISIONS
a. Divisibility; Structure; Entire
Agreement If any part of this Agreement is wholly or partially unlawful, unenforceable or void, these provisions; shall be amended to the limited extent necessary to ensure that the provisions of this Agreement are legal, remain in force and remain valid, and the remaining provisions of this Agreement will not be affected or damaged. The headings herein shall not be considered part of this Agreement. You agree to this Agreement along with the policies incorporated by reference, and this Agreement constitutes the sole and complete agreement between You and DBP with respect to the services provided herein.
b. Applicable Laws; Venue; Waiver of Jury Hearing
This Agreement will be governed by the laws of Republic of Turkey and court orders in all matters, except where it conflicts with conflict of laws rules. Except as provided above, all actions relating to or arising out of this Agreement will be heard exclusively in the courts of Kocaeli. You agree to submit court decisions regarding domain name registration disputes only to the TR. District Court for the District of Kocaeli. You agree to waive your right to a jury trial in any action relating to or arising out of this Agreement, regardless of venue.
All notices from DBP to You will be sent to the email address you provide to DBP. Notices by e-mail will be effective twenty-four (24) hours after they are sent by e-mail by DBP. This is due to DBP not receiving notification that the email address is invalid; in this case, DBP may notify You by first class or registered mail with return receipt requested. All notices you send to DBP will be sent by registered mail with return receipt or by trackable courier to the following address:
Domains By Proxy, LLC
Attn: General Counsel
2150 E. Warner Rd.
Tempe, AZ 85284 ABD
Notices sent by registered mail or trackable courier will be valid for five (5) days from the date of posting. Although the probability of losing your domain name registration to a third party due to the willful malicious act of DBP is very low, in the event of such loss, your Domain Name Registrar ("Indemnifying Party") will be responsible for all claims arising from the loss of your Domain name registration, will indemnify and prevent you from harming any loss, damage or expense (including reasonable attorneys' fees) resulting from litigation, transactions, legal actions or claims. Such indemnification obligations pursuant to this Section 10(e) are subject to the following terms:
i. promptly notify DBP and the Indemnifying Party of the claim, claim and action in writing and provide reasonable assistance to the Indemnifying Party in this matter, at its own expense and expense; and
ii. The Indemnifying Party has the right, at its sole discretion, to defend and steer against any conciliation of such claim, claim or action.
All notices of indemnity will be sent in accordance with Section 10(c) of this Agreement regarding DBP. With respect to your Registrar, notices regarding compensation must be sent in accordance with the notification provisions of your Registrar's Domain Name Registry Agreement.
d. Term of Contract; Continuity
The terms of this Agreement will continue to apply as long as DBP remains the Registrant of any domain name on your behalf. Sections 5 (Forwarding Communications), 6 (Limitation of Liability), 7 (Indemnification), 8 (Warranty Disclaimer), and 10 (Miscellaneous Terms) will survive termination or expiration of this Agreement.