Domain Whois Privacy Service
By using our website and services You (as defined below) are deemed to have accepted the General Terms and
Conditions (together the "Conditions") which set out the terms under which Infinitium Corporation ("We", "Us", "Our", "the Company" or "Infinitium") will provide Services to You.
You acknowledge that We may amend the Conditions at any time without prior notice and without Your prior consent by posting the amended
terms and conditions on www.infinitium.co
(http://www.infinitium.co/legal/terms-and-conditions/)
and any new, different or additional features changing the Services will automatically be subject to these
Conditions. We will do our best to inform you on a timely manner about these amendments but we do not warrantee that. As a result, please remember to refer
back to this Terms and Conditions regularly to review any amendments. Your continued use of the Services after any such changes to the Conditions shall
constitute Your acceptance of those changes.
The following terms and conditions ("Whois Privacy Service Terms") are supplemental to the General Terms and Conditions and shall apply if You subscribe to the Whois Privacy Service for any of the domains on your account:
1. Whois Privacy Service
1.1 Subject to clause 1.4 when You subscribe a Requested Domain to Our Whois Privacy Service You designate that We will thereafter be registered as the holder of the Requested Domain ("Registrant").
1.2 Subject to clauses 1.4 and 3, for each Requested Domain You subscribe to the Whois Privacy Service, We shall keep Your name, postal address, email address, phone and fax numbers confidential.
1.3 Subject to clause 1.4 when We become the Registrant of a Requested Domain, the following information will be publicly available in the Whois for the Requested Domain:
1.3.1 Our name and postal address as the Registrant;
1.3.2 Our email address, postal address, phone number and fax number as the technical contact, administrative contact and billing contact;
1.3.3 the primary and secondary Domain Name Servers that You designate for the Requested Domain;
1.3.4 the Requested Domain's original date of registration and Expiration Date; and
1.3.5 Us as the commercial entity, accredited by the Registry, to manage the reservation of Requested Domain in accordance with the guidelines of the Requested Domain Registry
1.4 The UK Registry, Nominet, does not allow Us to use Our name as the Registrant of Domain Names electronically, without affecting a change in ownership directly at the UK Registry. When subscribing to the Whois Privacy Service for a UK Domain Name We will use Nominet's Whois Opt-Out service (details of which are available at http://www.nominet.org.uk/other/whois/optout/) which means that only the Whois "Registrant" field will remain unchanged and continue to be publicly displayed.
1.5 You will retain the full benefits of the Requested Domain and may cancel the Whois Privacy Service for each Requested Domain at any time and You will then become the Registrant and Your details will show in the Whois.
2. Your Obligations
2.1 You agree and acknowledge that in relation to each Requested Domain You subscribe to the Whois Privacy Service:
2.1.1 You will provide accurate and current information in your Account Details of:
2.1.1.1 the email address, postal address, phone and fax numbers for the Requested Domain's technical contact, administrative contact and billing contact;
2.1.1.2 the primary and secondary Domain Name Servers that You designate for each Requested Domain; and
2.1.1.3 the Requested Domain's original date of registration and Expiration Date.
2.1.2 You will:
2.1.2.1 respond within 7 days to any inquiries made by Us to determine the validity of any information provided to Us by You; and
2.1.2.2 respond within 10 days to emails and messages posted to Your Control Panel regarding correspondence We receive that is either addressed to or involves a Requested Domain, as detailed in clause 3 below.
3. Suspension and Termination of Whois Privacy Service
3.1 You acknowledge and agree that We have the absolute right, in Our sole discretion and without any liability to You whatsoever, to suspend or cancel the Whois Privacy Service for each subscribed Requested Domain, such that You will then become the Registrant of the Requested Domain with all applicable information then showing in the Whois, in certain circumstances, including but not limited to the following:
3.1.1 when required by law, governmental rules or requirements, governmental authorities or a court order; or
3.1.2 when We believe in good faith that such action is required by law; or
3.1.3 in compliance with a legal process served upon Us; or
3.1.4 in order to comply with ICANN and/or applicable Registry rules, policies or procedures; or
3.1.5 to resolve any and all third party claims, whether threatened or made, arising out of Your use of a Requested Domain; or
3.1.6 if We believe that You are using the Whois Privacy Service to conceal involvement in illegal, illicit, morally objectionable or harmful activities; or
3.1.7 to protect the integrity and stability of the applicable Requested Domain Registry; or
3.1.8 to comply with ICANN's UDRP or any other Dispute Resolution Policy; or
3.1.9 to avoid any financial loss or legal liability (civil or criminal) on the part of Us, Our parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or
3.1.10 if the Requested Domain We register on Your behalf violates or infringes a third party's trademark, trade name or other legal rights.
3.2 You further acknowledge and agree that in the event that We receive a formal complaint, notice of claim in relation to legal proceedings or in relation to the UDRP or Dispute Resolution Policy, the subject matter of which is a Requested Domain or which relates to Your use of the Services, We have the right to suspend the Whois Privacy Service and Your identity will be revealed in the Whois as Registrant until the resolution of such matter.
4. Refund in Event of Cancellation
4.1 Subject to clause 10.5 of the General Conditions, We will not provide a refund in the event that We exercise any of Our rights set out in clause 3 above or You elect to cancel Our Whois Privacy Service for any reason.
5. Communications Forwarding
5.1 You agree and acknowledge that:
5.1.1 We will forward to You communications relevant to any or all of the circumstances set out at clauses 3.1 and 3.2 addressed to Your Requested Domain that are received by Us by email, postal mail or fax.
5.1.2 Subject to clause 5.1.1 We will not forward to You any other communications (whether delivered through email, postal mail or fax) and You further authorize Us to either discard all such communications or return all such communications to sender unopened.
5.2 You agree to waive any and all claims arising from Your failure to receive communications directed to Your Requested Domain but not forwarded to You by Us.
5.3 We reserve the right to pass on to You the reasonable costs We may incur for administrative tasks outside of the scope of Our Whois Privacy Service. Such tasks include, but are not limited to, customer service issues that cannot be handled by email and disputes requiring legal services.
