AGREEMENT BETWEEN USER AND PROXYONE ANONYMOUS INTERNET SERVICES (including anondom registration)

This service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the service constitutes your agreement to all such terms, conditions, and notices. Your use of a particular  Web Site included within the this service may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").

Additionally, this web site may , itself contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular area of ProxyOne, then these terms shall control.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement available here for disclosures relating to the collection and use of your information.

 

MEMBER ACCOUNT, PASSWORD, AND SECURITY

In order for you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and an user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ProxyOne  immediately of any unauthorized use of your account or any other breach of security. ProxyOne  will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ProxyOne or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express written permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

ProxyOne (Divison of CTG, Inc.) reserves the right to change the terms, conditions, and notices under which the service(s) are offered, including but not limited to the charges associated with the use Service(s). You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the ProxyOne service(s) constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND COMMERCIAL USE LIMITATION

Unless otherwise specified, these Services are for your personal and commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service(s).

LINKS TO THIRD PARTY SITES

The Service(s) may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of ProxyOne (Divison of CTG, Inc.) and ProxyOne (Divison of CTG, Inc.) is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ProxyOne (Divison of CTG, Inc.) is not responsible for webcasting or any other form of transmission received from any Linked Site nor is ProxyOne (Divison of UeberSoft Interactive, Inc.) responsible if the Linked Site is not working appropriately. ProxyOne (Divison of CTG, Inc.) is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ProxyOne (Divison of CTG, Inc.) of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Service(s)or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ProxyOne (Divison of CTG, Inc.) shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Service(s), you will not use the Service(s)for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service(s) in any manner which could damage, disable, overburden, or impair any Service(s)(or the network(s) connected to any Service(s)) or interfere with any other party's use and enjoyment of any Service(s). You may not attempt to gain unauthorized access to any part of the Service, other accounts, computer systems or networks connected to any part of ProxyOne, through hacking, password mining or any other means. You are not to use this service to threaten anyone or attempt to defraud the government in your city, state, country or US Federal level. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service(s).

USE OF SERVICES

The Service(s) contains anonymous internet services, and/or other message or communication facilities designed to enable you to surf the internet anonymously (collectively, "Communication Services"). You agree to use the Communication Services only to view material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Use this service to Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• se this service to Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information (including but not limited to items of pornographic nature).
• Use this service to Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• se this service to Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, , corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use this service to Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Use this service to Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Use this service to Restrict or inhibit any other user from using and enjoying the Communication Services.
• Use this service to Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Use this service to Harvest or otherwise collect information about others, including e-mail addresses.
• Use this service to Violate any applicable laws or regulations.
• Use this service to Create a false identity for the purpose of misleading others.
• Use this service to Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of this Service(s) or other user or usage information or any portion thereof.

 

ProxyOne (Divison of CTG, Inc.) has no obligation to monitor the Communication Services. However, ProxyOne (Divison of CTG, Inc.) reserves the right to review materials posted to a Communication Service and to remove any accounts in its sole discretion. ProxyOne (Divison of CTG, Inc.) reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

ProxyOne (Divison of CTG, Inc.) reserves the right at all times to disclose any information as ProxyOne (Divison of UeberSoft Interactive, Inc.) deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ProxyOne (Divison of CTG, Inc.)'s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ProxyOne (Divison of CTG, Inc.) does not control or endorse the content, messages or information found in any Communication Service and, therefore, ProxyOne (Divison of CTG, Inc.) specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ProxyOne (Divison of CTG, Inc.) spokespersons, and their views do not necessarily reflect those of ProxyOne (Divison of CTG, Inc.).

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO PROXYONE (Divison of CTG, Inc.)
ProxyOne (Divison of UeberSoft Interactive, Inc.) does not claim ownership of the materials you provide to ProxyOne (Divison of CTG, Inc.) (including feedback and suggestions) or post, upload, input or submit to any part of our Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ProxyOne (Divison of CTG, Inc.), its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: release your information and any part thereof should it become legally necessary to do so.

No compensation will be paid with respect to the use of your Submission, as provided herein. ProxyOne (Divison of CTG, Inc.) is under no obligation to post or use any Submission you may provide and ProxyOne (Divison of UeberSoft Interactive, Inc.) may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE Service(s)

All content and software (if any) that is made available to view and/or download in connection with ProxyOne, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of ProxyOne (Divison of UeberSoft Interactive, Inc.) Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, ProxyOne (Divison of CTG, Inc.) Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular area of Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Service(s)MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND TO THE INFORMATION THEREIN. PROXYONE (Divison of CTG, Inc.) AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Service(s)AT ANY TIME.

PROXYONE (Divison of CTG, Inc.) CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Service(s)FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ProxyOne (Divison of CTG, Inc.) AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT PROXYONE (Divison of CTG, Inc.) SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A SERVICE. YOU SPECIFICALLY AGREE THAT PROXYONE (Divison of CTG, Inc.) IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ProxyOne (Divison of UeberSoft Interactive, Inc.) IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN OUR SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL ProxyOne (Divison of CTG, Inc.) AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Service(s), WITH THE DELAY OR INABILITY TO USE THE Service(s)OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Service(s), OR OTHERWISE ARISING OUT OF THE USE OF THE Service(s), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ProxyOne (Divison of UeberSoft Interactive, Inc.) OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Service(s), OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Service(s).

TERMINATION/ACCESS RESTRICTION

ProxyOne (Divison of CTG, Inc.) reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, without notice.

ProxyOne (Divison of CTG, Inc.) may also terminate or suspend your access to Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by ProxyOne (Divison of CTG, Inc.). The amount of time that ProxyOne (Divison of CTG, Inc.) currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of Service, your right to use the service(s) immediately ceases.

ProxyOne (Divison of CTG, Inc.) shall have no obligation to maintain any content or data to you or any third party.

NO SPAM; DAMAGES

ProxyOne (Divison of CTG, Inc.) will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay ProxyOne (Divison of CTG, Inc.) liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay ProxyOne (Divison of CTG, Inc.)'s actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

This agreement is governed by the laws of the State of Florida, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Florida, U.S.A. in all disputes arising out of or relating to the use of the Service(s). Use of the Service(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ProxyOne (Divison of UeberSoft Interactive, Inc.) as a result of this agreement or use of the Service(s). You agree to indemnify and hold ProxyOne (Divison of CTG, Inc.), its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service(s). ProxyOne (Divison of CTG, Inc.) reserves the right to disclose any personal information about you or your use of the Service(s), including its contents, without your prior permission if ProxyOne (Divison of CTG, Inc.) has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ProxyOne (Divison of UeberSoft Interactive, Inc.) or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. ProxyOne (Divison of CTG, Inc.)'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ProxyOne (Divison of CTG, Inc.)'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by ProxyOne (Divison of UeberSoft Interactive, Inc.) with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ProxyOne (Divison of CTG, Inc.) with respect to the Service(s)and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ProxyOne (Divison of CTG, Inc.) with respect to the Service(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of this Web Site are: Copyright © 2002 CTG Corporation and/or its suppliers and/or original authors. All rights reserved.

TRADEMARKS. ProxyOne (Divison of UeberSoft Interactive, Inc.), The ProxyOne (Divison of CTG, Inc.) Network, and/or other ProxyOne (Divison of UeberSoft Interactive, Inc.) products referenced herein are either trademarks or registered trademarks of CTG, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

ADDITIONAL TERMS

Subscription-Based Content. Some contents and/or services on our site  may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to ProxyOne (Divison of CTG, Inc.) a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content and/or services by contacting support@ProxyOne.com. If you have purchased an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid). No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

EMAIL ALERTS

ProxyOne periodically sends email alerts and account status notifications. These alerts and notifications do not have the ability to opt-out. These are a requirement of using our service and are a benefit to you, the end user. Should we need to upgrade or disrupt your service we will try to provide you with at least a 24 hour notice.

OTHER ACKNOWLEDGMENTS AND NOTICES

See additional Terms of service SPECIFICALLY for domains below.

ProxyOne AnonDom Terms of Service

SHORT FORM

DON'T SPAM
NO OBJECTIONABLE OR QUESTIONABLE ACTIVITY
NO ILLEGAL ADULT ENTERTAINMENT (Child pornography, etc.)
NO FRAUDULENT ACTIVITY
IF YOU DO ANY OF THE ABOVE WE RESERVE THE RIGHT TO
SELL YOUR DOMAIN.

"ATTORNEY SAYS SO" FORM

PLEASE READ THIS AGREEMENT (“AGREEMENT”) CAREFULLY.  BY USING OUR SERVICES AND OUR WEBSITE YOU AGREE TO BE BOUND TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU ACKNOWLEDGE THAT ProxyOne AnonDom MAY AMEND THIS AGREEMENT AT ANY TIME UPON POSTING THE AMENDED TERMS ON ITS WEBSITE, AND THAT ANY NEW, DIFFERENT OR ADDITIONAL FEATURES THAT CHANGE THE SERVICES PROVIDED BY US WILL AUTOMATICALLY BE SUBJECT TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY, OR IF YOU OBJECT TO, THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY AMENDMENTS HERETO, DO NOT USE OR ACCESS OUR SERVICES.  CONTINUED USE OF OUR SERVICES AND OUR WEBSITE AFTER ANY CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.    

This Agreement is by and between ProxyOne AnonDom, a Division of CTG, Inc., a Florida Corporation , and you, your heirs, executors, administrators, agents, successors and assigns (“You”). This Agreement sets forth the terms and conditions of Your relationship with ProxyOne AnonDom and Your use of ProxyOne AnonDom’s services. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and You further agree to be bound by the terms of this Agreement for transactions entered into by:  (i) You on Your behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account You have established with ProxyOne AnonDom, whether or not the transactions were on Your behalf and/or authorized by You.  You agree that You will be bound by representations made by third parties You use to purchase services from ProxyOne AnonDom, and that statements of a general nature on ProxyOne AnonDom's web site or in ProxyOne AnonDom promotional materials will not bind ProxyOne AnonDom.  You further agree to abide by the terms and conditions set forth by the Internet Corporation for Assigned Names and Numbers (“ICANN”) (including the Uniform Domain Name Dispute Resolution Policy (“Dispute Resolution Policy”) (http://www.icann.org/dndr/udrp/policy.htm)

1. DESCRIPTION OF PROXYONE ANONDOM’S PRIVATE REGISTRATION SERVICES

The business of ProxyOne AnonDom is to maximize Your right to privacy to the greatest extent possible.    When you subscribe to ProxyOne AnonDom’s private registration service through ProxyOnes AnonDom service, each and any available domain name that You already own or purchase will, upon Your designation, thereafter be registered in the name of ProxyOne AnonDom, as Registrant.  In exchange for ProxyOne AnonDom taking ownership of each domain name registered on Your behalf, ProxyOne AnonDom shall keep Your name, postal address, email address, phone and fax numbers confidential, subject to Section 4 of this Agreement. When ProxyOne AnonDom becomes the Registrant and owner of Your domain name, the following ProxyOne AnonDom information (and not your personal information) will be made publicly available in the “Whois” directory as determined by ICANN policy:

1.                  ProxyOne AnonDom’s name and postal address as Registrant of the domain name;

2.      ProxyOne AnonDom’s email address, postal address and phone number for the domain name’s technical contact;

3.      ProxyOne AnonDom’s email address, postal address and phone number for the domain name’s administrative contact;

4.      ProxyOne AnonDom’s email address, postal address and phone number for the domain’s name’s billing contact;

5.      The primary and secondary domain name servers You designate for the domain name;

6.      The domain name’s original date of registration and expiration date of the registration;

7.      The identity of Your Registrar.

2.  FULL BENEFITS OF OWNERSHIP RETAINED BY YOU

Although ProxyOne AnonDom will be the Registrant and legal owner of each domain name You designate, You will retain the full benefits of ownership with respect to each such domain name, including:

1.      The right to sell, transfer or assign each domain name;

2.      The right to control the use of each domain name, including designating the primary and secondary domain name servers to which each domain name points;

3.      The right to cancel each domain name;

4.      The right to cancel Your account with ProxyOne AnonDom and revert legal ownership back to You so that You are the Registrant;

5.      The right to renew each domain name upon its expiration, subject to Your Registrar’s applicable rules and policies;

6.      The right to initially resolve any and all monetary, creditor or other claims that arise in connection with a legal or other dispute involving ProxyOne AnonDom’s ownership of Your domain name.  

3.  YOUR NOTIFICATION OBLIGATIONS; REPRESENTATIONS & WARRANTIES

a. Personal Information. You agree that for each domain name for which ProxyOne AnonDom becomes the Registrant on Your behalf, You will provide accurate and current information as to:

1.      Your name and postal address;

2.      The email address, postal address, phone and fax numbers for the domain name’s technical contact;

3.      The email address, postal address, phone and fax numbers for the domain name’s administrative contact;

4.      The email address, postal address, phone and fax numbers for the domain name’s billing contact;

5.      The primary and secondary domain name servers to which each domain name points;

6.      The domain name’s original date of registration and expiration date.

You agree to: (i) notify ProxyOne AnonDom within five (5) business days when any of the personal information You provided upon subscribing to ProxyOne AnonDom’s services, changes; (ii) respond within five (5) business days to any inquiries made by ProxyOne AnonDom to determine the validity of personal information provided by You; (iii) respond to email messages posted to Your ProxyOne AnonDom account regarding correspondence ProxyOne AnonDom has received that is either addressed to or involves Your domain name, as more fully set forth in Section 5(b) below.  It is Your responsibility to keep Your personal information current and accurate at all times.  

b. Renewals.  You agree that ProxyOne AnonDom, as Registrant, will (i) arrange for Your Registrar to automatically renew on Your behalf, for a period of one year only, any domain name that is up for renewal; and (ii) 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.  You may also elect not to automatically renew ProxyOne AnonDom’s private registration services, by logging into Your customer account at Your Registrar’s website and selecting the manual renewal option.  It is Your responsibility to keep Your credit card information current and accurate, including the expiration date.   

c.  Representations & Warranties.  You warrant that all information provided by You to ProxyOne AnonDom is truthful, complete, current and accurate.  You also warrant that You are using ProxyOne AnonDom’s private registration services in good faith and that 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 that the domain name being registered by ProxyOne AnonDom on Your behalf will not be used in connection with any illegal or morally objectionable activity (as defined below in Section 4).

4. ProxyOne AnonDom’S RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL INFORMATION

a.  You understand and agree that ProxyOne AnonDom has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to either:  (i) close Your account and transfer ownership of a domain name to ProxyOne; (ii) reveal Your name and personal information that You provided to ProxyOne AnonDom when required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law, or to comply with a legal process served upon ProxyOne AnonDom; (iii) resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name registered by ProxyOne AnonDom on Your behalf; or (iv) take any other action ProxyOne AnonDom deems necessary:

1.      In the event you breach any provision of this Agreement or the ProxyOne AnonDom Anti-Spam Policy;

2.      To protect the integrity and stability of the applicable domain name Registry;

3.      To comply with any applicable laws, government rules or requirements, subpoenas,  court orders or requests of law enforcement;

4.      To comply with ICANN’s Dispute Resolution Policy;

5.      To avoid any financial loss or legal liability (civil or criminal) on the part of ProxyOne AnonDom, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;

6.      If the domain name ProxyOne AnonDom registers on Your behalf violates or infringes a third party's trademark, trade name or other legal rights;

7.      If it comes to ProxyOne AnonDom’s attention that You are using ProxyOne AnonDom’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:  (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism and child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit unsolicited bulk e-mail, 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 .  

b. You also acknowledge and agree that ProxyOne AnonDom may, in its sole discretion and without any liability to You whatsoever:  (i) cancel the registration of any domain name ProxyOne AnonDom has registered on Your behalf after registration has taken place; (ii) cancel the registration of any domain name ProxyOne AnonDom has registered on Your behalf if that name is being used in association with Spam; (iii) suspend your rights under Section 2 of this Agreement during resolution of a dispute. 

c. You further understand and agree that if ProxyOne AnonDom is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your domain name or Your use of ProxyOne AnonDom’s services, we reserve the right to (a)transfer ownership of Your private domain name back to You and Your identity will therefore be revealed in the Whois directory. (b) obtain ownership of the domain and remove any and all questionable materials.

d.  In the event:  (i) ProxyOne AnonDom takes any of the actions set forth in paragraphs (a),  (b) or (c) above; (ii) You elect to cancel ProxyOne AnonDom’s services for any reason, neither ProxyOne AnonDom will NOT refund any fees paid by You whatsoever.  

5. COMMUNICATIONS FORWARDING

a. Correspondence Forwarding. In as much as ProxyOne AnonDom’s name, postal address and phone number will be listed in the Whois directory, You agree that ProxyOne AnonDom will review and forward communications addressed to your domain name that are received via email, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail.  You specifically acknowledge that ProxyOne AnonDom will not forward to You first class postal mail (other than legal notices), “junk” mail or other unsolicited communications (whether delivered through fax, postal mail or telephone), and You further authorize ProxyOne AnonDom to either discard all such communications or return all such communications to sender unopened.  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 ProxyOne AnonDom.

b. Email Forwarding .  The Whois directory requires an email address for every purchased domain name. When You purchase a private domain registration, ProxyOne AnonDom will handle all incomming e-mail.

c. Notifications Regarding Correspondence and Your Obligation to Respond.  When ProxyOne AnonDom receives certified or traceable courier mail or legal notices addressed to Your domain name, we will send an email message to you.  Our email message will identify the sender of the correspondence, the date we received it, and a brief description of its contents.  You will have seventy-two (72) hours to decide whether to reject the correspondence or have it forwarded via overnight courier, facsimile (or both).  You will be informed of the charge for both shipping options and the credit card You provide will be billed only after You have affirmatively selected one or both shipping options.  You must select a shipping option and the credit card transaction must be successful prior to us forwarding the correspondence to You. There will be a $25.00 handling & proceessing fee over and above any shipping fees incurred.

In the event You do not respond to our email message, ProxyOne AnonDom will attempt to contact you via telephone.  If you do not respond to our email or voice messages and/or the correspondence that ProxyOne AnonDom has received regarding Your domain name concerns a legal dispute or otherwise requires immediate forwarding and/or immediate disposition, ProxyOne AnonDom may immediately reveal Your identity and/or cancel our private registration service regarding either the domain name in question or with respect to all of Your privately registered domain names, depending on the circumstances.  This means the Whois directory will revert to displaying Your name, postal address, email address and phone number.  We take this action because ProxyOne AnonDom will not become involved in any legal or other matters between You and third parties.

d. Forwarding Fees.  In consideration for (i) handling and forwarding certified and traceable courier mail and certain first class correspondence, and (ii) responding to and dealing with complaining third parties, You agree to pay ProxyOne AnonDom at the time such services are provided.   ProxyOne AnonDom may change its forwarding fees at any time.  Unless otherwise stated, all fees are posted (and payable by You) in U.S. Dollars.  You are responsible for paying all fees and taxes associated with using ProxyOne AnonDom’s forwarding services.  Payment shall be made by You providing a valid credit card for charge by ProxyOne AnonDom, and is non-refundable.  If for any reason ProxyOne AnonDom is unable to charge Your credit card with the full amount of the service provided, or if ProxyOne AnonDom is charged back for any fee it previously charged to the credit card You provided, You agree that ProxyOne AnonDom may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to, sale of the domain name to a third party, and immediate cancellation of Your account and all services ProxyOne AnonDom provides to You.

6. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ProxyOne AnonDom BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME, ProxyOne AnonDom’S SERVICES, USE OR INABILITY TO USE THE ProxyOne AnonDom WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE ProxyOne AnonDom WEBSITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO ProxyOne AnonDom 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 ProxyOne AnonDom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.  BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ProxyOne AnonDom’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

You further understand and agree that ProxyOne AnonDom disclaims any loss or liability resulting from:  (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of our affiliated-Registrars; (iii) data non-delivery or misdelivery between You and ProxyOne AnonDom; (iv) the failure for whatever reason to renew a private domain name registration; (v) the unauthorized use of Your ProxyOne AnonDom account or any of ProxyOne AnonDom’s services; (vi) errors, omissions or misstatements by ProxyOne AnonDom; (vii) deletion of, failure to store, failure to process or act upon email messages forwarded to either You or Your privately registered domain name; (viii) processing of updated information regarding Your ProxyOne AnonDom account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).

7. INDEMNITY

You agree to release, defend, indemnify and hold harmless ProxyOne AnonDom, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your Registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the services provided hereunder by ProxyOne AnonDom, the ProxyOne AnonDom website, Your account with ProxyOne AnonDom, Your use of Your domain name, and/or disputes arising in connection with the Dispute Resolution Policy (http://www.icann.org/dndr/udrp/policy.htm).   

 

8. ProxyOne AnonDom WARRANTY DISCLAIMER

ProxyOne AnonDom, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE ProxyOne AnonDom WEBSITE OR ANY WEBSITES LINKED TO THE ProxyOne AnonDom WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ALL ProxyOne AnonDom SERVICES, AS WELL AS THE ProxyOne AnonDom WEBSITE, ARE PROVIDED “AS IS”.  YOUR SUBSCRIPTION TO AND USE OF ProxyOne AnonDom’S SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR RISK.   SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

9.  COPYRIGHT & TRADEMARK

You understand and agree that all content and materials contained in this Agreement, the Privacy Policy and the ProxyOne AnonDom website, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that ProxyOne AnonDom expressly reserves its rights in and to all such content and materials.  You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the afore-described content and materials without the express written permission of ProxyOne AnonDom.  No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

10. MISCELLANEOUS PROVISIONS

a. Severability; Construction; Entire Agreement.   If any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and ProxyOne AnonDom regarding the services contemplated herein.

b. Governing Law; Venue; Waiver Of Trial By Jury.  This Agreement shall be governed in all respects by the laws and judicial decisions ofHillsborough County, Florida, excluding its conflicts of laws rules. Except as provided immediately below, You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of Hillsborough County, Florida. For the adjudication of domain name disputes, you agree to submit to the exclusive jurisdiction and venue of the U.S. District Court for the District of FLorida located in Tampa, Florida.  You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement.

c. Notices. All notices from ProxyOne AnonDom to You will be sent to the email address You provided to ProxyOne AnonDom. Notices by email shall be deemed effective as soon as the email is sent by ProxyOne AnonDom, unless ProxyOne AnonDom receives notice that the email address is invalid, in which event ProxyOne AnonDom may give You notice via first class or certified mail, return receipt requested.  All notices from You to ProxyOne AnonDom shall be sent via certified mail, return receipt requested or trackable courier to ProxyOne AnonDom, Inc., PO Box 1627, Riverview, FL 33569

d. Indemnification.   In the unlikely event You lose ownership of Your domain name to a third party solely as a result of ProxyOne AnonDom’s willful misconduct, Your Registrar (the “Indemnifying Party”) will indemnify and hold You harmless against any losses, damages or costs (including reasonable attorneys fees) resulting from any claim, action, proceeding, suit or demand arising out of or related to the loss of Your domain name.  Such indemnification obligations under this Section 10 (e) are conditioned upon the following:  (i) that You promptly give both ProxyOne AnonDom and the Indemnifying Party written notice of the claim, demand, or action and provide reasonable assistance to the Indemnifying Party, at its cost and expense, in connection therewith and (ii) that the Indemnifying Party has the right, at its option, to control and direct the defense to any settlement of such claim, demand, or action.

Any notice concerning indemnification shall, with respect to ProxyOne AnonDom, be sent in accordance with Section 10(c) of this Agreement.  With respect to Your Registrar., notices regarding indemnification should be sent in accordance with the notification provisions contained in Your Registrar’s Domain Name Registration Agreement.

f. Term of Agreement; Survival. The term of this Agreement shall continue in full force and effect as long as ProxyOne AnonDom is the Registrant for any domain name on Your behalf. Sections 5 (Communications Forwarding), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 10 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.