Terms & Conditions
1. DESCRIPTION OF PRIVACY HERO'S PRIVATE REGISTRATION SERVICES
When you subscribe to Privacy Hero's private registration service through a Privacy Hero-affiliated Registrar, each available domain name registration you designate will thereafter be registered in the name of Privacy Hero, as Registrant. In exchange for Privacy Hero becoming the Registrant of each domain name registration on your behalf, Privacy Hero shall keep your name, postal address, email address, phone and fax numbers confidential, subject to Section 4 of this Agreement. When Privacy Hero 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:
- Privacy Hero’s name as the Registrant of the domain name and a proxy email address, phone number and postal address for the Registrant's contact information;
- A proxy postal address and phone number for the domain name registration's technical contact;
- A proxy email address, postal address and phone number for the domain name registration's administrative contact;
- A proxy email address, postal address and phone number for the domain's name registration's billing contact;
- The primary and secondary domain name servers you designate for the domain name;
- The domain name's original date of registration and expiration date of the registration; and
- The identity of the Registrar.
2. FULL BENEFITS OF DOMAIN REGISTRATION RETAINED BY YOU
Although Privacy Hero 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:
- The right to sell, transfer or assign each domain name registration, which shall require cancellation of the Privacy Hero services associated with each such domain name registration;
- 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;
- The right to cancel each domain name registration;
- The right to cancel the Privacy Hero services associated with each domain name registration and/or your privacy services with Privacy Hero so that your contract information is listed in the "Whois" directory; and
- 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 Privacy Hero becomes the Registrant on your behalf, you will provide accurate and current information as to:
- Your name, the email address, postal address, phone and fax numbers for the domain name registration's Registrant contact;
- ii. The email address, postal address, phone and fax numbers for the domain name registration's technical contact;
- iii. The email address, postal address, phone and fax numbers for the domain name registration's administrative contact;
- The email address, postal address, phone and fax numbers for the domain name registration's billing contact; and
- 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:
- Notify Privacy Hero within three (3) calendar days when any of the personal information you provided upon subscribing to Privacy Hero’s services, changes;
- Respond within three (3) calendar days to any inquiries made by Privacy Hero to determine the validity of personal information provided by you; and
- Timely respond to email messages Privacy Hero sends to you regarding correspondence Privacy Hero 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.
It is your responsibility to keep your personal information current and accurate at all times.
You agree Privacy Hero, as Registrant, will arrange for your Registrar to charge the credit card you have on file with the Registrar, at the Registrar's then current rates. Renewal fees, once charged, will be non-refundable.
If for any reason Privacy Hero 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 Privacy Hero and/or the Registrar is charged back for any fee it previously charged to the credit card you provided, you agree that Privacy Hero 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 Privacy Hero provides to you.
Representations and Warranties
You warrant that all information provided by you to Privacy Hero is truthful, complete, current and accurate. You also warrant that you are using Privacy Hero’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 Privacy Hero on your behalf will not be used in connection with any illegal or morally objectionable activity (as defined below in Section 4), 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.
4. PRIVACY HERO'S RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL INFORMATION
You understand and agree that Privacy Hero has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to:
- 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 Privacy Hero when:
- Required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law;
- To comply with a legal process served upon Privacy Hero; or
- In order to comply with ICANN rules, policies or procedures
- Resolve any and all third party claims, whether threatened or made, arising out of your use of a domain name for which Privacy Hero is the registrant listed in the "Whois" directory on your behalf; or
- Take any other action Privacy Hero deems necessary:
- In the event you breach any provision of this Agreement or the Privacy Hero Anti-Spam Policy;
- To protect the integrity and stability of the applicable domain name Registry;
- To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
- To comply with ICANN's Dispute Resolution Policy;
- To avoid any financial loss or legal liability (civil or criminal) on the part of Privacy Hero, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
- If the domain name for which Privacy Hero is the registrant on your behalf violates or infringes a third party's trademark, trade name or other legal rights; and
- If it comes to Privacy Hero’s attention that you are using Privacy Hero’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:
- Appeal purely to the prurient interests of third parties;
- Defame, embarrass, harm, abuse, threaten, or harass third parties;
- Violate state, federal or international law;
- Involve hate crimes, terrorism and child pornography;
- Are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable;
- Impersonate the identity of a third party;
- Harm minors in any way; or
- 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 Privacy Hero 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 Privacy Hero’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:
- Privacy Hero takes any of the actions set forth in subsection i, ii, or iii above or section 5; and/or
- You elect to cancel Privacy Hero’s services for any reason --
Neither Privacy Hero nor your Registrar will refund any fees paid by you whatsoever.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.