1. By signing this kinney host WHOIS Proxy Agreement (“Proxy Agreement”) you agree to follow the rules, terms and conditions of your use of the services offered by a Republic of Panama corporation called Private WHOIS, Inc and kinney host, Inc., a Delaware corporation. This is an agreement between Private WHOIS & kinney host. According to this agreement, Private WHOIS agrees to provide customers of kinney host registered domain name as well as hosting services alongwith Private WHOIS Services Agreement (WHOIS) privacy protection services.
2. You can have a registered domain name alongwith hosting services with This kinney host WHOIS Proxy Agreement. This is an agreement between you and kinney host and according to this agreement; you can give authorization to a person, an agent, employee and a servant to use your services and act on your behalf. In fact, by signing this agreement, you can also refer an individual as the kinney host registrant who will be listed in the WHOIS contract information for the registered domain name. This Proxy Agreement elaborates kinney host rules, regulations and obligations which will be followed by you in connection with other privacy protection services offered by WHOIS under the Private WHOIS Services Agreement.
2.1 Subscribers of the kinney host WHOIS Privacy Protection Services can involve themselves in Private WHOIS to register and administer in each and every domain name that is protected domain which will be controlled by the subscriber in name of Private WHOIS. The Proxy Agreement ensures safety and security to your name, phone and fax numbers, email address and postal address. The relevant information provided by the users shall be kept confidential and will only be available publicly in the WHOIS directory for each and every protected domain:
2.1.1 The email address, postal address and phone number of an account holder of Private WHOIS needs to be accurate and specific for the technical, administrative, billing and registrant contacts.
2.1.2 The primary and secondary domain name servers are selected by the subscribers for the protected domain.
2.1.3 One should give actual date of registration and expiration to his/her protected domain.
2.1.4 The name of the domain service provider, identity proof of your register as well as the status of the protected domain with the registrar like “clienthold,” “active,” “Registrar Lock,” be specific.
3.1 You will have the liberty to assign, transfer and even sell each and every protected domain.
3.2 You will possess right to have a control and set the DNS settings for the protected domain and domains.
3.3 You can have the right to renew each and every protected domain name registration by following kinney host rules, terms, conditions and policies when it comes to expiration.
3.4 Under this Proxy Agreement, your Domain Registration Agreement with kinney host and the Private WHOIS Services Agreement, you will only be responsible and need to resolve any monetary and legal issues that arise in connection with your protected domains.
4.1 For each and every protected domain, you have to agree to provide to Private WHOIS accurate and current information. Some of the information which you need to provide is:
4.1.1 You should provide your original name, address including email address and postal address as well as fax and phone numbers.
4.1.2 For the Protected Domain’s administrative, technical, and billing contacts, you need to provide phone and fax numbers and actual name, current email address, postal address.
4.1.3 The primary and secondary domain name servers for the Protected Domain.
4.2 You agree to:
4.2.1 Updating the above mentioned information instantly is a ‘must’ for the subscriber
4.2.2 For any inquiry made by Private WHOIS, you need to respond within 5 business days for verifying the validity of the personal information provided by the user
4.2.3 You need to respond promptly regarding correspondence involved in personal domain or domains.
4.3 There are chances that Private WHOIS or kinney host may point your Protected Domain(s) to an IP address of its choosing, if you fail to supply primary as well as secondary domain name servers within specific time.
5.1 If automatic renewal of the WHOIS Privacy Services administered by Private WHOIS have been selected by you, then it is quite obvious that you agree:
5.1.1 When WHOIS Privacy Services comes to expire, it will be automatically renewed by Private WHOIS before 30 days of its expiration. This results in renewal of your Domain Name Registration Agreement or Hosting Services Agreement with kinney host.
5.1.2 Your kinney host account will be charges by Private WHOIS at current rate.
5.1.3 You have to agree that you surrender any requirement in order to acquire your ongoing affirmative consent to any such automatic renewal.
5.2 If you do not want to automatically renew the WHOIS Privacy Services which are administered and registered by Private WHOIS, you need to be sure of not selecting the auto-renewal or renewal option while signing up into your kinney host Account. It is essential for you to keep in mind that you must do this at least before 31 days to the end of the then current Term.
5.3 It is the sole responsibility of the account holder to keep necessary funds in your kinney host Account. Private WHOIS has the liberty rather right to contact a subscriber, if he/she fails to collect renewal fees or any other fees. In fact, Private WHOIS may take necessary actions to terminate or suspend your account if the subscriber doesn’t pay the due amount on time.
6.1 The WHOIS Privacy Services are registered and administered by Private WHOIS. You can have the opportunity of availing services offered by Private WHOIS from the date you purchase WHOIS Privacy Services which is offered and accepted by Private WHOIS. It is to keep in mind that the term of WHOIS Privacy Services is quite different from the registration term of the protected domain of domains which is in connection with kinney host. In case, a protected domain expires and erased before the end of the term of WHOIS Privacy Services under any circumstances, then there will be no refund for any portion of the term which has not been used by the subscriber. If the registration term for the Protected Domain is ongoing and in this scenario if the term gets cancelled or expired, then you will not be able to avail WHOIS Privacy Services any more. In such cases, the personal and confidential information provided by you and given in this Proxy Agreement shall be in the list of the public WHOIS Directory output for the protected domain or domains. At the same time you will also no longer get any services which are elaborated in this Proxy Agreement.
7.1 All the relevant information including name, phone and fax numbers, email address and postal address provided by the user while signing this Proxy Agreement needs to be original, accurate, complete and current. You agree that you will maintain all the useful data and information in your status throughout the term of the Agreement.
7.2 You also need to assure that will be using the WHOIS Privacy Services for good purpose. At the same time you should not be involved in any kind of harmful activities. Your protected domain or the content found at any IP address associated with it should not be in conflict with the legal rights of any other party or trademark or trade name of a third party.
7.3 The WHOIS Privacy Services and the protected domain or domains which will be used by the subscribers should not used and linked with any illegal activity. At the same the users should also keep in mind that these services will not be in connection with the transmission of unsolicited commercial email messages and spam. The user should assure that he/she will never provide any third party their Private WHOIS Addresses for any purpose and under any circumstances.
8.1 In spite of purchasing and using WHOIS Privacy Services administered by Private WHOIS, kinney host have the right in its sole discretion and judgment to reveal the personal and confidential information provided by the user while signing this Proxy Agreement. kinney host can also give instruction to Private WHOIS for disclosing the personal protected information of the user under circumstances like:
8.2 If the user violates the rules, terms and conditions by declaring their protected domain or domains to a third party trade name and trademark and even using other legal rights of other party.
8.3 Your personal information will be revealed by kinney host, if users breach any provision or policy of this Proxy Agreement.
8.4 You are not allowed to break any rules, terms and conditions which are elaborated in this Proxy Agreement.
8.5 You should not violate any condition of your Domain Name Registration Agreement or Hosting Services Agreement with kinney host.
8.6 Kinney host can disclose your personal information if they found it necessary to obey with any of their applicable, rules, laws, court orders and governmental requirements.
8.7 If kinney host found that your legal issues are arising out of your use of WHOIS Privacy Services or a protected domain; then they have the right to reveal your personal information.
8.8 Kinney host can comply with ICANN’s Dispute Resolution Policy or other policies promulgated by ICANN according to their requirement.
8.9 Kinney host possess this right in order to avoid any kind of financial loss or legal liability on the part of kinney host or any other companies, shareholders, agents, officers, subsidiaries, affiliates, employees and directors.
8.10 Kinney host uses this right for protecting the stability and integrity of the applicable domain name registry
8.11. If Backend Service Provider’s attention found you to violate the rules of this agreement by misusing WHOIS Privacy Services administered by Private WHOIS. kinney host can also reveal your personal information if you get involved, engaging and even participating in any illegal activities by using these services offered by Private WHOIS. You should not be involved in activities like:
8.11.1 Appeal primarily to prurient interests
8.11.2 You should not harm, harass, threaten, defame, abuse and embarrass others
8.11.3. You agree not to break any governmental rules, federal laws of foreign territories
8.11.4 You should not be involved in harmful activities, crimes and terrorism.
8.11.5 The users are not allowed to use any vulgar and obscene materials
8.11.6 You should not copy the identity of any other party
8.11.7 You should not harm minors under any circumstances
8.11.8 The users are strictly prohibited in using and transmitting viruses, access codes, backdoors, trojan horses, time bombs and devices of any type in order to damage, corrupt and intercepts any network, system, hardware, software and any personal information of an individual.
8.12. Kinney host has the authority to take immediate actions against a user under any hazardous circumstances. In fact, they have the right to cancel the WHOIS Privacy Services administered by Private WHOIS without any refund if the user is found to violate the rules, terms, conditions and policies of this Proxy Agreement.
9.1. You agree that Private WHOIS and kinney host have the right to evaluate communications which are sent to the Private WHOIS Addresses associated with your Protected Domain at any time.
9.2. If Communication received through UPS, FedEx, or DHL, some of the certified and commonly used courier mail or first class mail seems to be unsolicited commercial email messages, then there is no doubt that Private WHOIS will forward such communications to you. In fact, they may also scan the page of the communication and send you the copy as per your convenience. This helps you to view the conversation and proceed with respect to that.
9.3. Private WHOIS will not forward or send you a scanned copy of the page of the unsolicited communication. They have the right not to you forward email messages, fax, postal mail and even telephone communications which appear to be unsolicited and which promote the sale of goods and services. They will cancel to send you the communications if they found that that such communications are related to your use of WHOIS Privacy Services administered by Private WHOIS. The user needs to seek the permission of Private WHOIS for discarding all such communications and returning all such communications without opening it to the sender.
9.4. You don’t have the right to ask or raise a question to Private WHOIS if you fail to receive any kind of communications directed to your domain name. Private WHOIS have the liberty rather right to send or forward only such communications which are considered to be solicited and which are not in connection with any of the privacy services offered by Private WHOIS.
9.5. An email address is badly needed by the public WHOIS Directory for each and every purchased domain name registration. An email address will be generated automatically for your protected domain, while buying WHOIS Privacy Services administered by Private WHOIS, for example XXXXXX.protect@Private WHOIS.com. According to this Proxy Agreement, you will be able to receive messages on your email address which is provided by you to Private WHOIS. Private WHOIS will not be responsible rather they will not make an attempt to contact you if your email address bounces and becomes non-functioning. You agree that Private WHOIS will only allow you to access only the available email server logs and view email information which are sent to the Private WHOIS Addresses. Servicing your account is an option for Private WHOIS and of course not a requirement.
9.6. According to this Proxy Agreement, you will get an email to the created email address which is provided to Private WHOIS only after the communication has been received by Private WHOIS to the protected domain. Private WHOIS will have each and every details of the message which will be received by you including the date of the received as well as the identity of the sender. Private WHOIS gives you the liberty to access your account and also to go through the scanned copies of the pages of communications sent to the protected addresses. It is essential for you to interact and communicate with your account in order to have the originals of such communications which have been forwarded to you. If you fail to interact with your account in the ways given by Private WHOIS, then you will not be able to receive the originals as well as the scanned copies of such communications. You have to take the decision of whether you want to view the forwarded communications within 72 hours. If you fail to respond within the given time, then the communications will not be forward to you by Private WHOIS. Only Private WHOIS possess the right to determine the method of forwarding or sending copies of communications to the subscribers.
9.7. You need to agree that you have to submit an amount of money to Private WHOIS for forwarding communications to your email address provided by you to Private WHOIS. They may also charge fees for changing the method of forwarding communications without any written notice.
9.8. If you fail to respond to communications including an email message forwarded by you from Private WHOIS, then the personal or confidential information provided by you will be definitely revealed by Private WHOIS in accordance to this Proxy Agreement. At the same time Private WHOIS have the authority to cancel WHOIS Privacy Services administered by Private WHOIS in connection to your protected domain or domains under any hazardous circumstances. This may result in failing in displaying your name, phone number, email as well as postal address on the Whois directory.
10.1. According to this Proxy Agreement, kinney host will not be legally responsible for any kind of direct, indirect, special, consequential, incidental and even punitive damages arising from any legal or other issues under any circumstances. You should not hold kinney host responsible if you face any difficulty associated with your domain name registration and the WHOIS privacy services administered by Private WHOIS. We will not be liable, if you fail to use the kinney host website as well as the materials and content of the websites. If you link kinney host websites with any other websites, kinney host will not be responsible for that. While signing this agreement, you need to go through all the details, rules, laws, terms, conditions and policies which are described in this Proxy Agreement. For any incidental or consequential damages, we will not be responsible officially and legally.
10.2. It is a ‘must’ for you to understand and agree that kinney host disclaims any loss or liability resulting from:
10.2.1. The unintentional reveal or theft of the personal and confidential information provided by the user.
10.2.2. Kinney host disclaims loss if the user fails to access delays to the Private WHOIS website or other websites of affiliated parties
10.2.3. Kinney host will not be responsible for inaccurate delivery of relevant data or information between you and the service provider.
10.2.4. Kinney host disclaims loss of you fail to renew the WHOIS Privacy Services administered by Private WHOIS for any reason.
10.2.5. According to this agreement, kinney host will not be responsible for unauthorized use of your account or any other service providers.
10.2.6. Kinney host disclaims loss if omissions, misstatements and errors done by the service providers.
10.2.7. We will not be responsible, if you fail to store, process and view email messages which have been sent or forwarded to you on your email address provided by you to Private WHOIS and which is listed for your protected domain.
10.2.8. It is your sole responsibility to process your updated information which is in connection with your account efficiently.
10.2.9. You or your authorized agent or employee should be careful for avoiding any kind of errors or omissions.
10.3 While signing this Proxy Agreement, you need to agree that you have to pay an amount of $100.00 for your protected domain under any circumstances.
11.1. While signing this Proxy Agreement which is with respect to ICANN, kinney host, registry operators, employees, officers, directors, shareholders, contractors, agents and many other affiliates whom you wish to release, defend, indemnify should not be involved in harmful activities. At the same time they should be free from any kind of claims, liabilities and expenses like court costs and attorney’s fees for any third party claims which are arising under this Proxy Agreement. You are not allowed to give authority to anyone to use the WHOIS Privacy Services as well as your protected domain. This means that the user violates kinney host rules, laws, terms, conditions and policies which may result in cancelling your account and disclosing the personal information provided by you.
11.2. If kinney host wants to involve a third party in a suit which is in connection to the WHOIS Privacy Services administered by Private WHOIS, then kinney host have to seek the permission of the user in a paper. Until and unless the user promise to indemnify, defend and hold kinney host free from the liabilities and costs, kinney host cannot involve any other party in a suit. Such assurances include the posting of a performance bond or other guarantees reasonably calculated to guarantee payment. If you fail to provide such assurances, then it can be considered as breaking the rules, terms, conditions and policies described in this agreement. This may result in cancellation or termination of this Proxy Agreement. You can lose your right to control the disposition of registered domain name services which are in the registrar record of kinney host.
11.3. Subscribers have the sole responsibility to indemnify and defend kinney host from any legal claim, actions or processing which is linked to WHOIS Privacy Services provided to the users. You can defend kinney host from any legal actions under the Uniform Domain Name Dispute Resolution Policy (“UDRP”).
11.4. According to this Proxy Agreement, you need to agree that make free primary as well as backend service providers free from any harmful activities. You also need to defend, release, and indemnify these service providers, shareholders, officers, employees, directors, affiliates, agents and subsidiaries against legal claims, losses, damages and liabilities like attorney’s fees.
11.5. The terms of this section may result in termination and even cancellation of this Proxy Agreement.
While signing this Proxy Agreement, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees, primary and backend service provider and even its parent companies needs to expressly disclaim almost all kinds of representations and warranties linked with this agreement. kinney host will not be liable for any issue regarding the websites of these service providers or any other websites which are in connection with these sites. Using the services offered by the backend service providers as well as its website are completely at the own risk of the subscribers. kinney host will not be responsible for any problem arising while using the websites of the backend service providers. If any provision is found to be unenforceable, then there are chances of removal of such provisions legally.
13.1 This Proxy Agreement is made with respect to Domain Name Dispute Resolution Policy (“UDRP”) or any other ccTLD policy. This helps in solving any dispute which arises over a domain name registration. According to this agreement, your rights, actions and compulsions shall be governed by the laws of the Company House UK.
13.2 You need to agree that all actions taken by you and any matter brought by you in order to implement this Proxy Agreement which engage kinney host or against kinney host and linked to your use of the WHOIS privacy protection services shall be brought in the Company House UK.
13.3 Any dispute between you and kinney host on any matter and actions shall be brought to Federal court in Company House UK in accordance to this Proxy Agreement.
13.4 You agree to surrender the right to trial by jury, in case any dispute occurs between you and kinney host in accordance to this Proxy Agreement.
14.1. While signing this Proxy Agreement, you need to agree that any notices received by you will be forwarded by kinney host on your protected domain name or on your registered account or email address.
15.1. You need to be of legal age in order to sign and enter into this Proxy Agreement.
16.1. Many referred agreements and policies are incorporated in this Proxy Agreement including the ICANN Policy and the UDRP. This agreement has been modified in accordance to these policies to complete an exclusive agreement between you and kinney host. This Proxy Agreement governs and supersedes almost all preceding proposals. Communications and even agreements. You are not allowed to do any kind of modifications until and unless you get a written document with your signature and also the sign of an authorized representative of kinney host.
17.1. According to this Proxy Agreement, neither of the parties have the right and authority to interpret for creating any partnership, agency and even any other form of joint enterprises between them. It is the duty of both the parties to ensure that any of them shall not represent themselves to the contrary implicitly, expressly and by appearance.
18.1. Failure to require your performance of any provision on the part of kinney host does not mean that it shall affect the full right to require such performance at any time afterwards. Breaking any provision by kinney host must not affect the provision itself.
19.1. If any provision of this Proxy Agreement is considered to be invalid or unenforceable under any applicable law, that does not mean or make this agreement entirely unenforceable or invalid. In fact, this agreement does not lose its validity, even if any applicable court decides to make any of the provisions of this Proxy Agreement invalid or unenforceable. Under such circumstances, kinney host will replace or amend such provision with a valid and enforceable one as early as possible. This helps kinney host to reflect original objective and intent in the original provision.
20.1. Under this Proxy Agreement, you are not allowed to give right to any unauthorized person to access your account and use your services. Therefore, it can be said that your rights under this agreement are non assignable and non transferable. You will be considered to violate the laws, rules, terms, conditions and policies described in this Proxy Agreement, if you attempt to give your creditors, agents, employees, officials and servants a right to acquire an interest in your rights under this agreement.
21.1. According to this Proxy Agreement, none of the parties shall be deemed under any circumstances. Neither of the parties shall hold each other responsible for any delay, cessation and interruption in the performance of its obligations. In fact, none of the parties shall not be legally responsible for any damages or losses caused due to any natural calamities like : earthquake, natural disaster, flood; fire, storm, labor strike, terrorism, armed conflict, shortages, breaches, act of God, war and terrorism. The parties of kinney host will not be responsible for any delays arising from any legal actions and proceedings including federal, state and local governments claiming jurisdiction over kinney host or any of its department, bureau, commission, agency and corporation. Under any circumstances, if any of the parties wish to take necessary actions or steps, then they must seek the permission of the other party beforehand. Authorized representative of kinney host possess the right to terminate and cancel this Proxy Agreement at any time.
22.1. This Proxy Agreement consists of section which is introduced in this agreement only as a matter of convenience. This agreement is in no way or other defines, interprets and describes the scope of such section.
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