This Agreement (“Agreement”) is by and between Anonymize, Inc., (“Anonymize.com”, “Anonymize”, “We” or “Us”), a Washington State corporation and You, Your heirs, agents, successors and assigns (“You” or “User”) and is effective upon the earlier of: (i) Your first use of the Site for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement.
1. Modification of This Agreement
We may amend this Agreement at any time by emailing you directly or by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 am on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site or emailed to you. The posting date and effective date for this Agreement are noted at the bottom of this document.
2. Eligible Users
Use of the Site and Services is restricted to persons: at least 18 years old or a legitimate business entity officially registered in your respective region. If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. If You are not yet 18, do not have the capacity to enter into contracts, if You are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, You do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email Anonymize.com at email@example.com to make arrangements, although no such access can be guaranteed.
Accessing Anonymize’s Services, except as expressly allowed through instructions and truthful statements by the You in regard to use of this Site or the Services, from places where their contents are illegal, is prohibited. Those who choose to access our Services and the Site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.
YOU AGREE TO THIS AGREEMENT AND THE REFERENCED AGREEMENTS: By using the service(s) provided by Anonymize.com under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by Anonymize, the Uniform Dispute Resolution Policy (“UDRP”) set forth elsewhere and in the laws of the United States, and the rules, policies, or agreements published in association with specific Services and/or which may be enforced by the Internet Corporation of Assigned Names and Numbers (“ICANN”), and affiliated registries and governments.
3. Acceptable Use
3.1. User Accounts and Domain Name WHOIS Information
If You violate the Acceptable Use terms described herein, Anonymize.com may, in its sole discretion, with or without notice, terminate Your access to the Site and Services. You are allowed to create one (1) user account with Anonymize. Post office boxes or addresses of office service providers may not be used as an address for a User account. It is likewise not permitted to provide value-added service numbers as telephone numbers for a Customer Account. Furthermore, Anonymize.com reserves the right to forbid the use of freely available email addresses as the email address for a user account.
In addition, You hereby represent and warrant that: (a) You are an eligible user; (b) You have provided accurate and complete information in connection with Your registration and use of the Site (all such information collectively referred to as “Your Information”), and (c) You will update Anonymize.com to ensure that Your Information remains accurate and complete.
As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and, if available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. In the event the lack of accurate/current contact information results in the loss, cancellation or transfer of the domain name(s) associated with your account, you agree that you shall not hold Anonymize.com liable for any such loss or any damages associated with the loss. Not providing requested information may prevent you from obtaining all Service(s).
You agree to notify Anonymize.com within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Anonymize.com with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Anonymize.com to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement. You agree to retain a copy for your record of the receipt for purchase of your domain name or Services.
You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both Anonymize.com and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party’s consent to such disclosure.
3.2. Use of the Services and the Site
You agree not to use the Services provided by Anonymize, or to allow or enable others, to use the services provided by Anonymize.com for the purposes of: 1) the transmission of unsolicited email (Spam); or 2) repetitive, high volume inquires into any of the services provided by Anonymize.com (i.e. domain name availability, etc.).
Further, You may not use the Site or the Services provided through or in connection with the Site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, control such rights or have received all necessary consents for Your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another’s computer (e.g., “cracks,” “hacks,” or other programs written to defeat the security measures of any computer, system or programs); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party’s rights, registered or unregistered securities, goods or services that: (i) You cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause Anonymize.com to violate any law, statute or regulation; (e)harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from using and enjoying its rights in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a Domain in connection with Your use of the Site that is confusing or misleading to other Users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any “junk email,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, naming or publicity rights, or (j) violate any applicable government laws or regulations. Anonymize.com does not condone or allow Spam. Anonymize.com will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, You remain solely responsible for Your Information.
3.3. The circumstances under which the Anonymize.com will relay communications from third parties to the user
Anonymize.com provides a forwarding email address for display on your WHOIS record. Emails received to this proxy email address are automatically routed to the email address associated with the Anonymize.com profile you have associated with your domain registration.
Anonymize.com also provides a forwarding address for physical mail addressed for your domain name. In the unlikely event that physical mail arrives at the address on your domain registration, you will be notified via email of the content of the mail that has arrived.
3.4. Support services offered by Anonymize.com and how to access these services.
Anonymize.com provides support through our website, as well as through participating registrars who make Anonymize.com WHOIS proxy services available. For details about support at Anonymize.com and how to contact us, visit the support tab of the Anonymize.com website.
You agree and consent that we may make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws.
Anonymize.com is not obligated to monitor the content on the Site. However, with respect to the use of the Services or the Site, Anonymize.com reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Anonymize’s sole discretion, without notice at any time.
3.6. Violations of Acceptable Use
Anonymize.com may elect to discontinue offering the Services, or any portion thereof, at any time for any reason, with or without advance notice.
You are responsible for safeguarding the confidentiality of Your password(s) and login name(s) issued to You by Anonymize, and for any use or misuse of Your account or the Services or the Site resulting from any third party using a password or login name issued to You.
You agree that You will notify Anonymize.com immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.
4. Anonymize.com Fees
Except as otherwise noted, creating a user account with Anonymize.com is free. We may charge fees for certain Services and You are given an opportunity to review and accept the fees that will be charged in connection with such Services. You are responsible for all applicable taxes (except for Anonymize’s income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or Your activity conducted through the Site. Anonymize.com may, in its sole discretion, add, delete or change any of the Services provided or fees charged by Anonymize. No advance notice is required for any prospectively-effective change in Services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in US Dollars. The fees charged for Anonymize.com services that are specified by Anonymize.com are considered to be end prices and are understood to include any applicable taxes.
5. Liability Disclaimer and Indemnification
Anonymize.com is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site via hyperlink, whether such hyperlink is provided by Anonymize.com or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the Anonymize.com Site. By providing access to other web Sites, neither Anonymize.com nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site’s sponsoring organization.
YOU AGREE THAT USE OF Anonymize’S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. Anonymize.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Anonymize.com MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES Anonymize.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY Anonymize.com IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM Anonymize.com OR THROUGH THE SERVICES PROVIDED BY Anonymize.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.
You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or Anonymize.com’s products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
IN NO EVENT SHALL Anonymize, ITS AFFILIATES, 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 THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Anonymize’S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD Anonymize.com AND (AS APPLICABLE) Anonymize’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
6. Dispute Resolution Policy
You agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), a copy of which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time and that such a change will be binding upon you. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
Anonymize.com provides the Services and manages the Site from its offices in Seattle, WA. This Agreement is governed by the laws of the State of Washington, USA, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in King County, Washington, USA in all disputes arising out of or relating to the Site. In addition, You hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by You against Anonymize.com or its affiliates in any dispute arising out of or relating to the Site. Use of the Site 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 Anonymize.com as a result of this Agreement or use of the Services or the Site. Anonymize’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Anonymize’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Services or the Site or information provided to or gathered by Anonymize.com 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 Anonymize.com with respect to the Services and the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Anonymize.com with respect to the Site. 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, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Anonymize.com to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense Your rights hereunder to any third party. At any time, Anonymize.com may, in its sole discretion and without providing notice or obtaining Your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder. All contents on www.Anonymize.com are Copyright © 2009 Anonymize, Inc and/or its suppliers. All rights reserved.
8. Anonymize.com Contact Information
PO Box 742
Bellevue, Washington 98009, USA
Email: info (at) Anonymize.com
Effective Date: 5/1/2014