GENERAL CONDITIONS OF SERVICE AND USE OF THE DOMAIN PRIVACY SERVICE
1. The present General Conditions (hereinafter “GCU”) aim to define the conditions of the provision and use of the Domain Privacy service offered by Domain Privacy Trustee SA (hereinafter “service provider”). They apply to any public or private natural or legal person (hereinafter “Client”) having a Client account with a registrar service provider (hereinafter “registrar”) in cooperation with Domain Privacy Trustee SA and for which the Client has enabled the Domain Privacy service for one of their domain names.
2. The Client acknowledges being aware of the GCU prior to their order. By subscribing to Domain Privacy, the Client tacitly understands and accepts the present GCU.
3. The French version of this document shall be the only authoritative text in the event of a dispute or conflict.
4. The service provider reserves the right to update and modify the GCU at any time.
5. Domain Privacy (hereinafter “service”) is an optional and additional service for the individual registration of domain names and for existing domain names registered with registrars who cooperate with the service provider.
6. This service is not designed to cover up illicit or unethical activities but exclusively to protect and prevent misuse of personal data in the WHOIS database. Domain Privacy Trustee SA manually analyses WHOIS data identification requests transmitted to it and reserves the right to immediately disclose the identity of the owner to potential complainants. The Client can enable this service on any domain name (certain TLDs may be excluded from the service due to the registration policy) they control or acquire. The Client may choose at any time to disable the service in order to replace WHOIS data with personal data.
7. The Client may choose at any time to disable the service in order to replace WHOIS data with personal data.
8. The Client remains the legal owner of the domain name and retains their rights and obligations.
9. The Client commits to comply with the general conditions of the registrars who cooperate with the service provider. The Client shall ensure in particular that it provides and maintains precise and updated registration information for the domain name owner, the administrator, invoicing and technical contacts. The name, postal address, email address, telephone and fax numbers of these contacts must be valid and up to date.
10. The Client ensures their contact details are correct and accepts that any registration information will be kept on a database by the registrar and filed with the service provider.
11. In the event of incomplete, false or obsolete information, the service provider has the right to take all necessary measures to avoid any legal or financial responsibility, including but not limited to deleting the domain name or disabling the service.
12. The Client retains full responsibility for the registration and use of the domain name and commits to releasing, defending, compensating and holding harmless the service provider and their parent companies, subsidiaries, affiliated companies, shareholders, agents, managers, directors and employees as well as the registrar, against any claims, demands, liabilities, losses, damages or costs, including reasonable legal fees, resulting or associated in any manner.
13. For every domain name included in the service, instead and in place of the Client details in the WHOIS information, the following details shall be displayed:
Domain Privacy Trustee SA Case postale 1314 1211 Genève 26 +41 22 593 50 07 firstname.lastname@example.org
14. Domain Privacy is not a postal redirection service and, therefore, the Client should not use the service provider’s contact details for communicating with third parties.
15. Any email sent to the email address which appears in the WHOIS directory will be lost. The sender will, however, receive an automatic email in reply with instructions allowing them to send an email to the domain name owner.
16. Communication sent to the service provider’s postal address will not necessarily be forwarded to the Client, and the latter agrees to the service provider examining, returning, destroying and/or rejecting any communication addressed to the domain name owner.
17. The Client commits to waive any claim arising from their fault in receiving communications addressed to the domain name holder.
18. The Customer agrees that the Service Provider may at any time and in its sole discretion suspend and disable the Service without being legally responsible towards the Customer, and therefore disclose the Registrant’s information and share its data to the WHOIS Directory for any reason whatsoever.
19. The Client accepts that the service provider may at any time and at their sole discretion suspend and disable the service without any liability towards the Client and consequently reveal the registrant and transmit their information to the WHOIS directory for whatever reason.
These reasons are particularly, but not exclusively, the following:
- Defaulting on the service payment.
- Violating one provision of the GCU or of the registration agreement drawn up with the registrar
- By request of a registry, court order or by order of a law enforcement agency
- Receiving a legal complaint concerning the use or registration of a domain name
- Using the domain name for commercial purposes
- Deleting a domain name
20. The suspension or cessation of the service causes the immediate disclosure of information on the registrants in WHOIS as well as third party applicants.
21. The service provider is not liable for delays and interruptions to the service due to a case of force majeure. In all other cases, the liability is limited to the annual invoice amount for this service to the Client.
22. The service fees are invoiced via the registrar. The fees in force are published without commitment on the website of the registrar and may be modified at any time.
23. To renew the service, the fee depends on the price in force at the time of renewal. At the end of the term of use, the service is automatically renewed for another term of use, unless it is cancelled from the registrar’s admin console by the Client.
24. In the event of cancellation, suspension of the service or transfer of the domain name, no partial reimbursement of the service fees for the remaining period can be made.
25. The service provider and the registrar reserve the right to refuse any transfer or authorisation code request for a domain name by the Client provided the service is enabled.
26. If one of the provisions of the present GCU should be or become inapplicable and/or invalid, this inapplicability and/or invalidity would not render these general conditions inapplicable or invalid in their entirety. Any provision deemed inapplicable or invalid will be substituted by valid and binding provisions which come as close as possible to the initial objectives and intentions of the initial provisions in an economic and legal sense and which would have been agreed by all parties had they been aware of the invalidity at the time of accepting the present general conditions.
27. The Client commits to complying with Swiss and international laws in force during the whole life time of the contract. In addition, the service provider will make every effort to comply with the rulings of the authorities of the OECD member countries.
28. Any dispute related to the GCU and the present contract, its conclusion, its execution or its cancellation is submitted to Swiss law, the exclusive place of jurisdiction being in Geneva, under reserve of appeal to the Federal Court of Lausanne.