DOMAIN NAME PRIVACY PROTECTION AGREEMENT
On provision of Privacy Protection service for Domain Names Holders by “Hosting Ukraine” limited liability company, hereinafter referred to as the Provider, to any individual or legal entity which has accepted the terms and conditions specified in DOMAIN NAME PRIVACY PROTECTION AGREEMENT (Agreement) by using Privacy Protection service from Provider, hereinafter referred to as the Subscriber.
This Agreement is a public offer by nature and is the equivalent of “Verbal Agreement”, and has an adequate legal force in accordance with laws of Ukraine.
Subscriber have read, understand and agree to be bound by all the terms and conditions of this Agreement, and Subscriber further agree to be bound by the terms of this Agreement for transactions entered into by:
- Anyone acting as Subscriber on behalf;
- Anyone acting as Subscribers agent; and
- Anyone who uses the account Subscriber have established with Provider, whether or not the transactions were on Subscribers behalf and/or authorized by Subscriber.
Subscriber agree to be bound by representations made by third parties acting on Subscribers behalf, which either use or purchase services from Provider. Subscriber 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").
Subscriber gives his/her permit to the Provider for processing his/her personal data for the purpose of making it possible to fulfill the terms and conditions of this Agreement. The permit for personal data processing remains effective for the duration of the Agreement, and then over the next five years after its expiration. Any destruction of personal data shall be the reason for termination of the Agreement, and shall be done on the basis of a written (paper) application of a client. In this case, the Agreement will be terminated on the date specified in a notice sent by the Provider in response. In addition, by entering into this Agreement, the Subscriber confirms that he/she is aware (without any additional notification) of the rights laid down by Law of Ukraine “On Personal Data Protection”, the purpose of data collection, as well as the fact that his/her personal data are transferred to the legal entity, which is LLC “Hosting Ukraine”, for the purpose of making it possible to fulfill the terms and conditions of this Agreement. The scope of the Subscriber’s rights as a personal data subject in accordance with Law of Ukraine “On Personal Data Protection” is known and understood thereby.
This Agreement is also deemed accepted when the Subscriber is enabled Privacy Protection on the Provider's website. The Provider’s website is located at http://www.ukraine.com.ua/.
². DESCRIPTION OF PRIVACY PROTECTION SERVICE
1.1. When Subscriber activates Privacy Protection service through a Provider website, Subscriber designate domain name be registered in the name of Provider, as Registrant. In exchange for Provider becoming the Registrant of domain name registration on Subscriber’s behalf, Provider shall keep Subscriber’s name, postal address, email address, phone and fax numbers confidential, subject to Section Ⅳ of this Agreement. When Provider becomes the Registrant of Subscriber’s domain name registration, the following information (and not Subscriber’s personal information) will be made publicly available in the "Whois" directory as determined by ICANN policy:
a) Provider'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;
b) A proxy postal address and phone number for the domain name registration's technical contact;
c) A proxy email address, postal address and phone number for the domain name registration's administrative contact;
d) A proxy email address, postal address and phone number for the domain's name registration's billing contact;
e) The primary and secondary domain name servers Subscriber designate for the domain name;
f) The domain name's original date of registration and expiration date of the registration; and
g) The identity of the Registrar.
²². SUBSCRIBER’S BENEFITS
2.1. Although Provider will show in the "Whois" directory as the Registrant of each domain name registration Subscriber designate, Subscriber will retain the full benefits of domain name registration with respect to each such domain name registration, including, subject to Section Ⅳ below:
a) The right to sell, transfer or assign each domain name registration, which shall require cancellation of the Provider services associated with each such domain name registration;
b) 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;
c) The right to cancel each domain name registration;
d) The right to cancel the Provider service associated with each domain name registration and/or Subscriber’s Privacy Protection services with Provider so that Subscriber’s contract information is listed in the "Whois" directory; and
e) The right to renew each domain name registration upon its expiration.
²²². SUBSCRIBER OBLIGATIONS
3.1. Subscriber agree that for each domain name for which Provider becomes the Registrant on Subscriber’s behalf, Subscriber will provide accurate and current information as to:
a) Subscriber’s name, the email address, postal address, phone and fax numbers for the domain name registration Registrant contact;
b) The email address, postal address, phone and fax numbers for the domain name registration technical contact;
c) The email address, postal address, phone and fax numbers for the domain name registration administrative contact;
d) The email address, postal address, phone and fax numbers for the domain name registration billing contact; and
e) Subscriber agree to provide government issued photo identification and/or government issued business identification as required for verification of identity when requested.
3.2 Subscriber agree to:
a) Notify Provider within seven (7) calendar days when any of the personal information Subscriber provided upon subscribing to Provider's services, changes;
b) Respond within seven (7) calendar days to any inquiries made by Provider to determine the validity of personal information provided by Subscriber; and
c) Timely respond to email messages Provider sends to Subscriber regarding correspondence Provider has received that is either addressed to or involves Subscriber and/or Subscriber’s domain name registration, as more fully set forth in Section Ⅵ subsection 6.3 below.
3.3. It is Subscriber’s responsibility to keep personal information current and accurate at all times.
IV. PROVIDER RIGHTS
4.1. Subscriber understand and agree that Provider has the absolute right and power, in its sole discretion and without any liability to Subscriber whatsoever, to:
a) Cancel the Privacy Protection service (which means that Subscribers information will be available in the "Whois" directory) and/or reveal Subscriber’s name and personal information that Subscriber provided to Provider when:
i) Required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law;
ii) To comply with a legal process served upon Provider; or
iii) In order to comply with ICANN rules, policies or procedures, and
b) Take any other action Provider deems necessary:
i) In the event Subscriber breach any provision of this Agreement or the Provider Public Offer[https://www.ukraine.com.ua/legal/publicoffer-en/];
ii) To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
iii) To comply with ICANN's Dispute Resolution Policy;
iv) To avoid any financial loss or legal liability (civil or criminal) on the part of Provider, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
v) If the domain name for which Provider is the registrant on Subscriber’s behalf violates or infringes a third party's trademark, trade name or other legal rights; and
vi) If it comes to Provider's attention that Subscriber are using Provider's services for purposes of engaging in, participating in, sponsoring or hiding Subscriber’s involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise:
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;
Harm minors in any way;
Impersonate the identity of a third party;
Are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable;
Involve hate crimes, terrorism;
Violate state, federal or international law;
Defame, embarrass, harm, abuse, threaten, or harass third parties;
Appeal purely to the prurient interests of third parties; or
Relate to pornography or child pornography.
4.2 Subscriber further understand and agree that if Provider is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Subscriber’s domain name registration or Subscriber’s use of Provider's services, Subscriber’s Privacy Protection service may be canceled, which means the domain name registration will revert back to Subscriber and Subscriber’s identity will therefore be revealed in the Whois directory as Registrant.
V. SERVICE FEES
5.1 Privacy Protection can be disabled/enabled at any time and is provided absolutely FREE.
6.1. Provider's name, postal address and phone number will be listed in the Whois directory, Subscriber agree that Provider will review and forward communications addressed to Subscriber’s domain name that are received via email. Subscriber agree to waive any and all claims arising from Subscriber’s failure to receive communications directed to Subscriber domain name but not forwarded to Subscriber by Provider.
6.2 The Whois directory requires an email address for every purchased domain name registration. When Subscriber acvivates Privacy Protection, Provider creates a private email address for that domain name, "@privacyprotected.net". Thereafter, when messages are sent to that private email address, Provider handles them according to the email preference Subscriber selected for that particular domain name. Subscriber have three (3) email preferences from which to choose. Subscriber can elect to:
i) Have all of the messages forwarded;
ii) Have all of the messages filtered for Spam and then forwarded; or
iii) Have none of the messages forwarded.
As with all communications, Subscriber agree to waive any and all claims arising from Subscriber failure to receive email directed to Subscriber domain name but not forwarded to Subscriber by Provider.
6.3. When Provider receives certified or traceable courier mail or legal notices addressed to Subscriber domain name, in most cases, Provider will attempt to forward the mail to Subscriber via email. If Subscriber do not respond to the Provider email and/or the correspondence Provider has received regarding Subscriber domain name registration concerns a dispute of any kind or otherwise requires immediate disposition, Provider may immediately reveal Subscriber identity and/or cancel the Privacy Protection service regarding either the domain name registration(s) in question. This means the Whois directory will revert to displaying Subscriber’s name, postal address, email address and phone number that Subscriber provided to Provider.
6.4. All notices from Provider to Subscriber will be sent to the email address Subscriber provided to Provider. Notices by email shall be deemed effective twenty-four (24) hours after the email is sent by Provider, unless Provider receives notice that the email address is invalid.
VII. SETTLEMENT OF CLAIMS AND DISPUTES
7.1. The Subscriber’s claims for the Services provided will be accepted by the Contractor for consideration only in writing and no later than 3 calendar days from the date when the dispute has arisen. The term of review of the Subscriber’s claims will be no more than fourteen (14) business days.
7.2. For the purpose of disputes consideration, the parties may provide, as a proof, printed e-mails with the service technical information (headers) stored in them. If the service technical information (headers) is not in place, that letter is not proof. The originality of email headers can be confirmed by the Internet Service Provider through which the appropriate email is sent by or independent experts.
VII. ENTRY OF THE AGREEMENT INTO FORCE. DURATION. MODIFICATION AND TERMINATION PROCEDURES
8.1. The Subscriber may, at any time, unilaterally waive the Services of the Provider by refusing to use Privacy Protection service of Provider.
8.2. The Agreement shall enter into force on the date of activation of the Privacy Protection service and shall be valid for one year. If either Party has not notified the other Party in writing of the termination of this Agreement 15 calendar days before the expiration hereof, it will be automatically extended for the next one year period.
8.3. For all issues which are not addressed in the present text of the Agreement, the Parties shall follow applicable laws of Ukraine.
IX. ANNEXES TO THE AGREEMENT
9.1. Annexes are an integral part of this Agreement.