Withheld for Privacy Legal
We are Withheld for Privacy (“WfP”). WfP is an Icelandic company that focuses solely on privacy. We partner with Registrars to enable them to provide anonymous privacy protected domain registration for their customers/domain registrants through the provision of our services.
In addition to any terms included in our private Registrar Partner contract, if you are a Registrar, you agree to these Registrar Partner Terms of Service (“ToS”). We include these specific terms on our website to provide transparency to your customers/domain registrants (“Customers.”) In this ToS, “you” and “your” refer to you, or any agent, employee, servant or person authorized to act on your behalf.
We provided headings to our ToS for convenience purposes only. They do not nor are they meant to limit, define, construe or describe the scope or extent of each section or in any way affect such section.
1. OUR SERVICES
WfP provides privacy protection services for domain registrations to prevent the publication of personal information contained in the domain’s Whois records (“Services”).
Our Services cover all the necessary elements to keep your Customer’s information non-published while ensuring that there are means for third parties to reach your Customer anonymously. Specifically, we agree to the use of our physical address and phone/fax numbers to receive, as necessary and reasonable, third party outreach and transmit it to your Customers. In addition, we provide anonymized email solutions that allow third parties to contact your Customer directly without disclosing your Customers personal email information.
You agree that WfP Services will be used solely for protecting domain Whois information from publication and ensuring the Customer(s)’s privacy. You further agree that you will only use our Services for this purpose and in compliance with ICANN, the GDPR, in compliance with registry rules allowing or prohibiting privacy services and other authorities and/or laws to which you are subject and the laws of Iceland.
2. CUSTOMER PERSONAL INFORMATION
WfP was built using privacy by design principles. We do not collect, nor do we need or require, your Customer’s personal information in the use of our Services. Our Services were built to keep your Customers information within your control and our intention is to keep it that way. We believe that is why you chose us.
Therefore, consistent with this mutual goal, you agree and warrant that you will not and do not provide the Customer personal information as part of this Agreement. You also agree to disclose this fact in your online Privacy Statement/Policy and any online legal notifications that may be relevant.
For more information about our Privacy Statement, which covers your company and your Customers, see https://withheldforprivacy.com/privacy-statement.html
As to privacy regulations, each Party warrants that they do not share personal information with the other for any reason, including that there is no sale of such information between the parties.
3. ADDITIONAL REGISTRAR RESPONSIBILITIES
Responsible Use. In using our Services, you agree that you are responsible for legal and responsible use. WfP expects that you will and you agree to set Terms of Service and Acceptable Use Policies (collectively “Registrar Policies”) that govern how you provide our Services. You also agree to ensure that your Registrar Policies include compliance regulations to which you are subject. You also agree to ensure that your Customers follow your own Terms of Service.
Legal + Law Enforcement Requests. You agree and acknowledge that your use of our Services is at an enterprise level. This means that WfP provides and you contract for enterprise-wide application of our Services, in compliance with these ToS.
To that end, you agree that you are the sole contact for any legal and/or law enforcement requests and that WfP will redirect any such requests they receive. You agree that WfP contracts with you alone and not with your Customers. You also agree to provide information on your website that is easy to find and clearly explains that: 1) WfP does not have your Customer’s Whois information or any other personal information; 2) you, not WfP, control the application and/or removal of privacy services; and 3) WfP will redirect all information requests back to you, as registrar.
Customer Disclosures. You agree to the following terms and also agree to disclose them to your Customers:
- WfP is an Iceland company focused on privacy and provides privacy Services for domain Whois only.
- WfP is subject to the standards of the GDPR when it processes personal information.
- WfP does not collect, nor are they provided with, Customer personal information.
- WfP removal of Services may happen in limited situations. While WfP cannot disclose Customer personal information because it does not have it, there may be circumstances where WfP is legally required to stop its provision of Services to specific Customers. When/if this is applicable and as possible, WfP will notify and work with you in advance, where possible and reasonable, so you can determine whether to provide an alternative legal measures of privacy to your Customer. In addition, you agree that WfP reserves the right, per Reservation of Rights in this ToS, to remove any/all Services (i) at the end of our contract with you; (ii) when a breach of contract occurs; or (iii) when the circumstances meet the agreed upon standards for Service removal.
- Customers have no third-party rights as to WfP. To be clear, the Customers are in contractual privity with the registrar and the registrar shall be responsible for redressing any disputes, which the Customers must address to the registrar.
- WfP communications: You and your Customers agree:
- WfP will, as reasonable, review communications sent to addresses we provide as part of our Services and transmit as follows.
- For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first-class mail which does not appear to be unsolicited commercial mail, you agree that WfP may either: ( i) forward such communication to you; or (ii) may attempt to communicate to you a scanned copy of a page of the communication to ascertain how you wish WfP to proceed with respect to that communication. At all times, you agree that you have the direct relationship with your Customers and will determine how to provide such communications to them. For avoidance of doubt, we will NOT deliver any inquiries directly to the Customers.
- WfP may, in its own judgment and discretion, elect to not forward to you such first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications, which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from your use of our Services administered as a general mail forwarding service
- You authorize WfP, on behalf of you and your Customers, to either discard all such communications or return all such communications to sender unopened.
- You agree and will contractually require your Customers to agree to waive any and all claims arising from failure to receive communications directed to a protected domain name but not forwarded to you by WfP, including where failures arise from WfP's mistake of judgment made in good faith in determining whether a communication is or is not an unsolicited communication.
6. RESERVATION OF RIGHTS
You acknowledge and agree that WfP reserves the right to limit or refuse Service to you and/or instruct you regarding individual users that are your Customers. Though we will do our best to work with you, especially on behalf of the privacy of your Customers, WfP reserves the right to alter, suspend, or discontinue our Services as outlined in this ToS and also accompanying agreements, which include specific situations where WfP may do so without prior notice to you.
You also acknowledge that WfP services may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
WfP may also discontinue Services in these limited situations, with notice where appropriate:
- You have breached any provision of the TOS (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the TOS);
- WfP is required to do so by Law (for example, where the provision of our Services is, or becomes, unlawful);
- The provision of our Services to you is, in WfP’s sole opinion, no longer commercially viable; or
- WfP has elected to discontinue Services (or any part thereof).
You agree that WfP shall not be liable to you or any third party for any termination or cancellation of your use of our Services.
7. RENEWAL AND FEES
You acknowledge and agree that you are responsible for prompt payment of our Services. All Services must be paid for in advance of use.
Automatic Renewal. Given the nature of our privacy Services, unless otherwise agreed to in writing, you agree to set up automatic renewal for payment to ensure there is no interruption of our Services for your Customers. With automatic renewal, you acknowledge and agree that Services will be automatically renewed 30 days prior to the end of term of your agreement for Services using the payment method you’ve chosen. You will be charged either then current rates for our Services or rates otherwise agreed to in writing (“Fees”.)
Fees. You acknowledge and agree that fees are billed at annual rates and are non-refundable.
Payment Failure. It is your responsibility to ensure that your chosen payment method is current and able to pay the Fee billed. Should your payment method fail, WtP will make an additional attempt at payment. If payment is still unsuccessful, in addition to the WtP rights for non-payment, WtP further reserves the right in its sole discretion to require payment 60 days in advance and/or escrowed Fees for future Services.
8. TERM AND TERMINATION
Term. These ToS apply for the entire term of your use of our Services and, where applicable, thereafter. Our Services are offered for the minimum term of one year and will automatically renew unless you provide us with effective notice. More detailed terms shall be set out in our private agreement with you, the registrar.
You acknowledge and agree that the term of our Services with you may not coincide with registration and expiration dates of your Customer’s domains. Understanding this, you further agree that you are solely responsible to your Customers for any obligations you may have to provide privacy services. These obligations include any and all responsibilities that you may have when you terminate the use of our Services.
Termination. Services may be terminated by proper notice of non-renewal. For notice to be proper, it must be provided in writing, ninety days (90) prior to the end of the current term and you must have no outstanding obligations to us, including payment of Fees (“Proper Notice”.) You agree that you are liable for our Services for the next occurring annual term if you fail to provide Proper Notice.
In addition, Services may be terminated for any of the reasons outlined in paragraph 6. Reservation of Rights. Should we terminate and/or discontinue Services due to your breach of any of the terms or conditions in this ToS or accompanying agreements, you agree that Fees paid are non-refundable as may be more fully detailed in our private agreement with you.
Survival Terms. You agree that the terms remain and conditions of this ToS applies until a Term is terminated. As applicable, certain terms and conditions of this ToS will survive termination and you agree that you continue to be bound by them as they relate to prior Services purchased by you.
9. LIABILITY DISCLAIMER
YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING ANY DATA PROVIDED, IS AT YOUR SOLE RISK. THE ACCURACY, CONDITION AND AVAILABILITY OF THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WTF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WFP MAKES NO WARRANTY THAT: (i) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (ii) THE FUNCTIONS CONTAINED ON THIS SITE OR BY OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (iii) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL WTF, ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TOS (HOWEVER ARISING, INCLUDING GROSS NEGLIGENCE).
WITHOUT AFFECTING THE LIMITATIONS OF LIABILITY IN THIS SECTION, THE LIABILITY OF WFP, AND/OR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED IN ALL CIRCUMSTANCES TO $100.00 OR THE MINIMUM AMOUNT SET BY LAW IN THE CORRESPONDING JURISDICTION WHERE THE DISPUTE IS ADJUDICATED, WHICHEVER IS LOWER.
You further understand and agree that WFP disclaims, to the extent allowed by law, any loss or liability resulting from:
- The inadvertent disclosure or theft of personal information, where applicable;
- Access delays or interruptions to the Services;
- Data non-delivery or inaccurate delivery between you and the providers of any third-party services;
- The failure for whatever reason to renew the Services;
- Errors, omissions or misstatements by WFP or any third-party providers of services;
- Deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either you or the email address listed for your Protected Domain;
- Any act or omission caused by you or your agents (whether authorized by you or not).
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WFP AND ANY PARENT, SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, AGENT, AND EMPLOYEE (EACH AN “INDEMNITEE”) HARMLESS FROM ANY LOSS, LIABILITY, EXPENSE, CLAIM OR DEMAND (INCLUDING REASONABLE ATTORNEYS' FEES) (COLLECTIVELY “CLAIM”), ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH (i) ANY ACT OR OMISSION BY YOU OR YOUR CUSTOMERS, INCLUDING YOUR USE OF THE SITE OR ANY SERVICES, OR YOUR OR YOUR CUSTOMERS BREACH OF THIS TOS OR ANY OTHER AGREEMENT WITH ANY THIRD PARTY OR WITH WFP, INCLUDING ONE INCORPORATED BY REFERENCE, (ii) YOUR OR YOUR CUSTOMERS VIOLATION OF ANY LAW OR THE RIGHTS OF WFP OR ANY THIRD PARTY, INCLUDING ANY ALLEGED OR ACTUAL VIOLATION OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, AND/OR (iii) ANY ACT OR OMISSION ON THE PART OF ANY INDEMNITEE (PROVIDED THAT YOU SHALL NOT BE OBLIGATED TO INDEMNIFY AS TO ACTS OR OMISSIONS BY INDEMNITEES TO THE EXTENT SUCH CLAIM AROSE AS A DIRECT CONSEQUENCE OF AN INTENTIONAL ACT BY SUCH INDEMNITEE).
With respect to ICANN, the registry operators, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under the TOS, the Services provided hereunder, or your use of the Services, including, without limitation, infringement by you, or by anyone else using the Services provided to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of WFP's TOS, operating rules or policies relating to the Services provided.
When WFP may be involved in a suit involving a third party and which is related to the Services administered by WFP to you under this TOS, WFP may seek written assurances from you in which you promise to defend, indemnify and hold WFP harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in WFP's sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by WFP to be a breach of this TOS by you and may, in WFP's sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which WFP is the service provider.
Should WFP be forced to defend itself in any action or legal proceeding in connection with any of the Services provided to you, you shall have sole responsibility to defend WFP against any such claim by legal counsel of its choosing. This indemnification is in addition to any indemnification required under the Uniform Domain Name Dispute Resolution Policy (“UDRP”).
You agree to release, defend, indemnify and hold harmless the Primary and Backend Service Providers, and their 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 TOS, the websites of other third party service providers, your WFP account, and/or your use of the Protected Domain.
The terms of this Section will survive any termination or cancellation of this TOS.
11. GOVERNING LAW AND JURISDICTION
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration, this TOS, your rights and obligations and all actions contemplated by this TOS shall be governed exclusively by the laws of the Iceland, as if the TOS was a contract wholly entered into and wholly performed within Iceland.
You agree that any action brought by you to enforce this TOS or any matter brought by you and which is against or involves WFP and which relates to your use of the Services shall be brought exclusively in the courts of Iceland.
You consent to the personal and subject matter jurisdiction of the appropriate court in the Iceland in relation to any dispute between you and WFP under this TOS.
You agree that service of process on you by WFP in relation to any dispute arising under this TOS may be served upon you by first class mail to the address listed by you in your account and/or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or accompanying agreements to this ToS.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this TOS. This TOS is made and entered into solely for the benefit of the parties designated herein. Nothing in this TOS, express or implied, is intended to or shall confer upon any other person any right, benefit or remedy of any nature whatsoever under or by reason of this TOS. Third parties claiming rights under this TOS are specifically excluded.
You agree that any notices required to be given under this TOS by WFP to you will be deemed to have been given if delivered in accordance with the account information you have provided.
13. NO AGENCY RELATIONSHIP
Nothing contained in this TOS shall be construed as creating any agency, partnership, or other form of joint enterprise between you and WFP. Each party agrees to ensure that they will not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
14. NO THIRD-PARTY RIGHTS
These TOS are created and intended for the benefit of the registrar and WFP and their respective successors and permitted assigns and is not for the benefit of, nor may any provision hereof be enforced by, any other person or entity.
15. NO WAIVER
You expressly agree that any failure on the part of WFP to require your performance of any provision of this ToS will not and does not affect the full right to require such performance at any time thereafter; nor shall the waiver by WFP of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this TOS shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this TOS unenforceable or invalid as a whole. WFP will amend or replace such provision with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.
17. ASSIGNMENT AND RESALE
Your rights under this TOS are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this TOS, whether by attachment, levy, garnishment or otherwise, renders this TOS voidable at the option of WFP.
WFP may freely assign or delegate all or any part of its rights or obligations under these TOS without prior notice or consent.
18. FORCE MAJEURE
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over WFP or its affiliates, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this Section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, WFP may immediately terminate this TOS.