Effective: October 31, 2016
The Domain Name Proxy Protection Agreement ("Agreement") explains all of the terms and conditions that apply to You as a user of the domain name privacy service and related services ("Services") provided by Proxy Protection, LLC ("ProPro"). By using the Services, You agree to be bound by any and all terms and conditions contained herein, and also agree and understand that ProPro may amend this Agreement at any time by posting updated terms on both its website and on DreamHost.com's terms of service page. If You don't agree with the Agreement or any of its changes, Your sole remedy is to stop using ProPro's Services. Your continued use of ProPro's Services after the Agreement has been posted and/or updated constitutes Your full acceptance of all modifications and current terms.
This Agreement is by and between ProPro and the registrar or company who offers You ProPro's Services ("Your Registrar") (together, the "Service Providers"), and You, Your heirs, administrators, agents, successors, assigns, and contractors ("You" or "Your"), and is made effective as of the date printed above this page. To avoid any ambiguity, the term "Service Providers" includes DreamHost, LLC. By utilizing ProPro's Services, You agree not only to all of the terms provided here, but also to any terms and conditions published by the Internet Corporation for Assigned Names and Numbers ("ICANN"), and to any and all terms and conditions linked to Your domain registration or account with Your Registrar utilizing ProPro's Services.
ProPro's Services allow You to mask Your public WHOIS records with ProPro's information instead. Each of Your domain names that utilize ProPro will be registered under "Proxy Protection, LLC" as the Registrant. When ProPro becomes the Registrant of Your domain(s), ProPro will mask and keep confidential, subject to this Agreement, Your Name, Address, Email, Phone, and Fax and will instead show ProPro's own information in the WHOIS directory. ProPro's information will consist of the following:
Even though ProPro's information is listed in the public WHOIS directory for Your designated domain(s), You agree and understand that You still retain all of the rights and benefits of domain name registration, including the right to:
Since ProPro will be replacing Your WHOIS information with its own contact information, You agree and understand that You must provide and maintain current and accurate contact information for the following:
Your Service Providers may ask for other forms of identification or documentation as required to verify Your identify and account. You agree and understand that, without Your cooperation and identification, Your Service Providers are under no obligation to assist You with domain or account issues.
You agree to update Your WHOIS and account contact information immediately as it changes over time. You also agree to respond to Your Service Providers within five business days for any issues, including, but not limited to:
If You fail to provide accurate and timely updates to Your personal information, Your Service Providers may put Your domain registrations on hold until Your information is verified.
At this time, Your Service Providers have decided to offer ProPro's services at no extra charge to You. However, You understand and agree that ProPro may begin to charge for its Services. Your Service Providers will provide notice before pricing changes take effect. ProPro's services will remain in effect for as long as ProPro is the Registrant of Your domain name.
You agree and understand that Your Service Providers have any and all right and power, in their sole discretion and without any responsibility or liability to You, to take action against You by: suspending or terminating your services; closing Your account; inserting Your personal information back into the public WHOIS directory; and/or providing Your personal information to a claimant in order to resolve any and all third-party claims or threats.
Your Service Providers may take such actions in response to any issues with Your account, including, but not limited to, in situations where:
You understand and agree that Your Service Providers may take such actions as they deem necessary, in their sole discretion, and may cancel Your Services and cause Your information to be available in the public WHOIS directory.
You also understand and agree that if any of Your Service Providers are named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your domain name(s) or use of Your Service Providers' services, then Your ProPro Services may be canceled. This will also cause Your own personal contact information to be displayed in the public WHOIS directory.
ProPro's Services do not act as a shield from legal liability in conjunction with domain registration. In order to preserve neutrality in disputes between third parties and domain registrants, ProPro will act in accordance with ICANN's Registrar Accreditation Agreement Section 220.127.116.11 and any other applicable Section or ICANN regulation, and will provide identifying information to third parties upon receipt of reasonable evidence of actionable harm.
You agree that You are entirely responsible for securing Your user name, customer ID, password, or other login-related credentials that You may need to access any services provided by Your Service Providers. You agree to notify Your Service Providers in the event of any unauthorized use of Your account, including possible security breaches.
You agree that under no circumstances will Your Service Providers be held liable for any loss that You may incur as a result of a security breach related to Your account, either with or without Your knowledge. You also agree and understand that You can be held liable for the losses incurred by ProPro and Your Service Providers due to someone else using Your account access information. Please ensure that Your account information is protected, and take all measures to prevent others from gaining access to Your credentials.
You agree and understand that full responsibility for all activity on Your account, whether by You or someone else, belongs to You and nobody else. Both ProPro and Your Service Providers specifically disclaim liability for any activity related to Your account or domains, regardless of whether You authorized such activity.
Since ProPro's contact information will be used instead of Yours, ProPro and Your Service Providers will occasionally receive both postal mail and email addressed to You. You agree and understand that ProPro and Your Service Providers may review these communications and will forward email as soon as reasonably possible; paper mail correspondence will only be forwarded digitally if it is clearly addressed to You, involves a legal issue, and allows for identification of Your and Your accounts. Otherwise, ProPro and Your Service Providers will either discard or return all such correspondence to the sender unopened. You agree and authorize Your Service Providers to take these actions, and You agree to waive any and all claims arising from Your failure to receive correspondence that was sent to Your domain name but not forwarded to You by Your Service Providers.
Email correspondence will function according to Your Registrar's current proxy services. As part of the Services, a unique email address @proxy.dreamhost.com will be created and displayed in public WHOIS for Your domain that will automatically forward emails to the privacy-protected WHOIS information set in the DreamHost Control Panel. This email address, as with any public/private WHOIS information, must be kept accurate and up to date, and must not bounce for any reason. Failure to respond to inquiries regarding policy compliance or abuse complaints to this address by Your Service Providers may result in termination of the Services.
Your Service Providers will usually attempt to send You all correspondence via email. If You fail to respond to Your Service Provider's requests regarding urgent matters, disputes, or legal issues, then Your Service Providers may reveal Your identity by providing Your personal information to third parties, or by reverting Your WHOIS directory to Your personal information that You have provided.
You represent and warrant that You are providing accurate, complete, and current information to ProPro and Your Service Providers. You also represent, warrant and understand that Your use of the ProPro Services is in good faith, and that You are not aware of any illegal or infringing domain names, content, or issues associated with such use. You also represent and warrant that there are no such issues that may conflict with the legal rights of third parties or their respective intellectual property rights, personal or privacy rights, or trade names. You further represent and warrant that, as defined in Section 5, Your registered domain(s) will not be used in connection with any illegal activity, and will not violate any of the terms of service or requirements of Your Service Providers, including those of Your Registrar.
Under no circumstances, including negligence, shall ProPro or any of Your Service Providers be liable for any direct, indirect, incidental, consequential, special, or punitive damages for any reason related to this Agreement, Your domain name registration(s), ProPro's Services, use or inability to use any of Your Service Providers' services or websites, materials, or content or any websites linked to the ProPro website, or Your provision of any personally identifiable information to Your Service Providers or any third party. This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability, or any other basis, even if Your Service Providers have been advised of the possibility of such damages or if such damages were reasonably foreseeable.
You further agree and understand that Your Service Providers fully disclaim any loss or liability resulting from:
Notwithstanding the above, Your exclusive remedy for all damages, losses and causes of action, including negligence or otherwise, shall not exceed the aggregate amount which You paid Your Registrar for services during the term of this contract.
You agree that You shall defend, indemnify, save and hold ProPro, Your Service Providers, and Your Registrar harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, their agents, their customers, servants, officers and employees that may arise in connection with or are in any way related to this Agreement, the services provided by Your Service Providers, the ProPro Services or Your Registrar's services.
ProPro, Your Service Providers, Your Registrar, their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees expressly disclaim all representations and warranties of any kind in connection with this Agreement, any services provided hereunder, Your Service Providers' website(s), or any websites linked to them, whether express or implied. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All of the services offered by Your Service Providers, as well as their websites, are provided on an as-is basis, and You agree that Your use of all such services is at Your own risk.
This Agreement represents the entire agreement and understanding between You and Your Service Providers. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without that particular provision.
This Agreement shall be interpreted and enforced in accordance with the laws of the State of California. Each party consents to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles, California and waives any argument that venue in such forum is inconvenient or improper. You agree and waive the right to a trial by jury in any proceeding, regardless of venue, related to or arising out of this Agreement, or related to or arising out of any services offered by Your Service Providers.
Pursuant to this Agreement, please note that You are bound by all applicable terms and conditions that are posted on the DreamHost Legal page. If You violate any of the terms and conditions that may apply to Your account, it will be suspended and/or permanently disabled!
If You want to report copyright or trademark infringement, abuse, or other complaints that may be associated with a customer's Proxy Services, You may find information via the following links:
In-Depth Abuse Processes: abuse.dreamhost.com
Trademark / Abuse Contact Page: www.dreamhost.com/legal/abuse
Legal Contact Page: www.dreamhost.com/legal/government-requests
DMCA Contact Page: www.dreamhost.com/legal/dmca
Support for Your domain registration proxy services can be requested within the Support area of the DreamHost Control Panel, or via this page.
You may send general inquiries regarding ProPro to our office via US Mail:
Proxy Protection, LLC
Attn: Legal Department
417 Associated Road, #324
Brea, CA 92821
This Agreement may be updated from time to time, and ProPro and Your Service Providers reserve the right to modify or cancel this Agreement at any time. Your continued use of these Services after modifications have been made constitutes an acceptance of the updated terms. If You do not agree with the updated terms, Your only recourse is to stop utilizing our Services and to terminate Your Agreement with us!