1. Domain Shield Services
a. When you subscribe to the Domain Shield Services, you authorize FIFHOST acting as a Register.com Reseller of the domain shield services to display alternate Registrant information in the public Whois database in order to protect your personal information.
b. Your name, postal address, email address, phone number and fax number shall be kept confidential, subject to the terms of this of this Agreement. The following information will remain publicly available in the WHOIS directory, as required by ICANN policy, for each Domain Shield Service
c. Alternate email address, postal address and phone and fax number for the registrant, administrative, technical, and billing contacts
d. The primary and secondary domain name servers you designate for the Domain Shield.
e. The Domain's original date of registration and expiration date.
f. The identity of your registrar.
g. A disclaimer referring to IP and law enforcement inquiries and identified contacts.
h. You will retain abilities of a domain name registrant, including:
The ability to transfer, or assign each Domain Shield Service.
To manage the use of each Domain, including the DNS settings to which each domain name points.
To cancel each Domain Shield Service.
To renew each Domain Shield Service upon expiration
To cancel your Domain Services so that you are listed as the Registrant
To resolve any and all monetary, creditor or other legal claims that arise in connection with your Domain.
2. Registrant right and obligations.
a. You agree that for each domain name you are obligated to provide and to keep current and accurate, information in connection with your use, administration, and renewal of such domain name, including without limitation, the following:
Registrant full name (or the name of the entity and authorized contact person, if registration is for a business entity), postal address, email address, administrative contact, technical contact and billing contact
The primary and secondary domain name servers for the domain name(s).
To update the above information immediately as it changes over time and respond within five (5) business days to any inquiries made by FIFHOST.com to determine the validity of personal information provided by you and promptly respond to messages regarding correspondence addressed to or involving your Domain Shield Services.
Domain Shield Services shall be renewed in increments of one (1) to (3) years. If a domain name registration expires prior to the end of the term of the Domain Shield Service, the Domain Shield Service will automatically terminate. You understand that there will be no refund for any resulting unused portion of a Domain Shield Services term. If the Domain Shield Service expires before the end of the domain name registration term while the domain registration term the Personal WHOIS Data will be listed in the WHOIS record and the communications forwarding services specified herein will no longer be provided.
You represent and warrant that all information provided by you is truthful, complete, current and accurate and you represent and warrant that you will maintain all information in this status.
You also represent and warrant that you are using the Domain Shield Services in good faith and that you have no knowledge or reason to believe that Domain Shield Service or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party, including, without limitation, any third party's copyrights, patents, trademarks or trade names.
3. SUSPENSION OR TERMINATION OF SERVICE; DISCLOSURE OF PERSONAL INFORMATION
a. You understand and agree that FIFHOST.com has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to immediately suspend or terminate the Domain Shield Services, display your Personal WHOIS Data in the WHOIS record or disclose the Personal WHOIS Data to resolve any threatened or actual third party claims arising out of your use of the Domain Shiled Services and the domains associated with the services. FIFHOST.com may also disclose your Personal WHOIS Data or otherwise take any other action which FIFHOST.com deems necessary in the event of the following: If a Domain Siled Service is alleged to violate or infringe a third party's trademark, trade name, patent or copyright interests or other legal rights of third parties;
If necessary to protect the integrity and stability of the applicable domain name registry;
If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
If FIFHOST and our Partners are threatened by, named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of your registration or use of the Domain Shield Services or any domain in connection with the services. If necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use of a service such as Domain Shield Services);
If necessary to avoid any potential financial loss or legal liability (civil or criminal) on the part of FIFHOST.com, their parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
If it comes to a FIFHOST.com's attention that you are using or are alleged to be using the Domain Shield 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: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs 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.In the event FIFHOST.com takes any of the actions set forth above or in the event you elect to cancel the Domain Shield Services for any reason, FIFHOST.com will not refund any fees paid by you for the Domain Shield Services. This Agreement shall not create any rights of privacy to you in the Personal WHOIS Data, which otherwise is required to be made public by ICANN, and YOU AGREE TO WAIVE ANY CLAIMS THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE DISCLOSURE, WHETHER DELIBERATE OR INADVERTENT, OF SUCH INFORMATION. You also acknowledge and agree that FIFHOST.com may, in its sole discretion and without any liability to you whatsoever, suspend or cancel the Domain Shield Services during resolution of a dispute or investigation of allegations relating to your use of the Domain Shield Services and all domains in connection with the services.
4. FORWARDING COMMUNICATIONS
a. You agree that FIFHOST.com may review all emails, faxes, voice messages, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail ("Communications") sent to the Domain Shield Addresses associated with your Domain except first class postal mail or email, fax, postal mail or telephone communications which appear, in FIFHOST.com' sole discretion, to be unsolicited Communications which offer or advertise the sale of goods or services or which solicit charitable contributions, or Communications which appear to arise from your having used the Domain Shield Services as a general mail forwarding service (as further referenced above). Without limiting the foregoing, FIFHOST.com may review all other Communications sent to the Domain Shield Addresses.
b. When you order Domain Shield Services, FIFHOST.com creates a random email address for your domain. Thereafter, when messages are sent to the email address listed in the Domain Shield Address, FIFHOST.com forwards such messages to the email address you listed in the Personal WHOIS Data. If the email address you listed in the Personal WHOIS Data becomes non-functioning or if email to such address bounces,FIFHOST.com is not obligated to attempt to contact you through other means.
c. Additionally, FIFHOST.com may begin charging fees for forwarding communications or may change the method by which communications are forwarded at its sole discretion and without notice to you.
d. 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 FIFHOST.com, including failures which arise from FIFHOST.com's mistake in judging whether a Communication appears to be an unsolicited Communication. In the event you do not respond to inquiries or notices from FIFHOST.com regarding Communications received at the Domain Shield Address, either FIFHOST.com may either suspend or cancel the Domain Shield Services and display your Personal WHOIS Data in the WHOIS directory.
5. ADDITIONAL LIMITATIONS OF LIABILITY
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH IN THE SERVICES AGREEMENT, UNDER NO CIRCUMSTANCES SHALL FIFHOST.COM BE LIABLE FOR THE PROVISION OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION TO ANY THIRD PARTY. You further understand and agree that FIFHOST.com disclaims any loss or liability resulting from: (i) the inadvertent disclosure or theft of your personal information; (ii) the failure for whatever reason to renew the Domain Shield Services; (iii) the unauthorized use of your account or any of the FIFHOST.com's services; (iv) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either you or the email address listed for your Domain; (v) processing of updated information regarding your account; and (vi) any act or omission caused by you or your agents (whether authorized by you or not).
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