This Agreement (Agreement) is by Epik, Inc., and Epik Holdings Inc., collectively referred to as ( Epik), a Houston, TX corporation, and You, the (Customer), 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.
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 are noted at the bottom of this document.
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, cannot 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 supervision to use this Site, the parent or guardian should email Epik at email@example.com to make arrangements. However, Epik can guarantee no such access.
Accessing Epik`s Services, except as expressly allowed through instructions and truthful statements by You concerning the 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 initiative, and voluntarily at their own risk and are responsible for compliance with local laws.
If you are registering a domain name in the following registries: .BZ, .CA, .CC, .CM, .CN, .CO, .DE, .EU, .IN, .ME, .NU, .TV, .UK, .US, .WS, you also agree to the additional terms and requirements promulgated by and pertaining to each such registry, all laws and governmental rules and restrictions relevant to those jurisdictions, and the specific agreements and/or covenants referenced therein and incorporated into this Agreement.
If You violate the Acceptable Use terms described herein, Epik will, at 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 Epik. 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, Epik 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 Epik 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 concerning your account information and 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. Concerning 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 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 Epik 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 may provide information regarding the name servers assigned to your domain name(s) and the DNS settings for the domain name if we are providing name-server services to you.
You agree to notify Epik 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 Epik with accurate and reliable information on an initial and continual basis shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Epik to determine Epik shall also consider the validity of the information provided by you to be a material breach of this agreement. You agree to retain a copy for your record of the receipt for purchasing your domain name or Services.
You acknowledge and agree that domain name registration requires that this contact information, in whole or part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available utilizing Whois, and the registry operator may also be required to make this information publicly available by Whois. Epik and the registry operator may be required to archive this information with a third-party escrow service. You hereby consent and permit 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.
You agree not to use the Services provided by Anonymize or to allow or enable others to use the services provided by Anonymize Inc. for 1) the transmission of unsolicited email (Spam); or 2) repetitive, high-volume inquiries into any of the services provided by Anonymize Inc. (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 Inc. 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 Inc. does not condone or allow Spam. Anonymize Inc. will cooperate with legal authorities and Internet service providers in releasing information about users who violate this Acceptable Use Policy. Anonymize Inc. VPN and DNS resolver do not log activity or eavesdropping related to usage.
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.
Anonymize Inc. 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 Inc. profile you have associated with your domain registration.
Anonymize Inc. also provides a forwarding address for physical mail addressed to your domain name. In the unlikely event that physical mail arrives at the address on your domain registration, Anonymize will notify you via email of the content of the mail that has arrived.
Anonymize Inc. provides support through our website, as well as through participating registrars who make Anonymize Inc. WHOIS proxy services available. For details about support at Anonymize Inc. and how to contact us, visit the support tab of the Anonymize Inc. 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 related to the amount and type of information we may or must make available to public or private entities and how 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 Inc. is not obligated to monitor the content on the Site. However, concerning the use of the Services or the Site, Anonymize Inc. reserves the right to disclose any information, communication, or materials as 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, from the Site, in Anonymize Inc.’s sole discretion, without notice at any time.
Anonymize Inc. 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 Inc. 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 Inc. immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site.
Except as otherwise noted, creating a user account with Anonymize Inc. 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 Inc.’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 Inc. 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. Unless otherwise stated, all fees and currency amounts are quoted in US Dollars. The fees charged for Anonymize Inc. services that Anonymize Inc. specifies are considered end prices and are understood to include any applicable taxes.
Anonymize Inc. is in no way responsible for the content of any website 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 Inc. or by a third party. No judgment or warranty is made concerning the accuracy, timeliness, or suitability of the content of any website to which the Site may link, including information on the website regarding the Anonymize Inc. Site. By providing access to other web Sites, neither Anonymize Inc. 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 website’s sponsoring organization.
YOU AGREE THAT USE OF Anonymize Inc.’s SERVICES, AND THE SITE IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. Anonymize Inc. 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 Inc. MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOR DOES Anonymize Inc. 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 Inc. 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 Inc. OR THROUGH THE SERVICES PROVIDED BY Anonymize Inc. 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, 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 the legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; you are responsible for listing accurate contact information in association with your account and communicating with litigants, potential litigants, and governmental authorities. Our responsibility is not 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 Inc.’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 Inc., 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 Inc.’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 NUMBER 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 Inc. AND (AS APPLICABLE) Anonymize Inc.’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.
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 a third party challenges the registration or reservation of your domain name, you will be subject to the provisions specified in the UDRP in effect when the third party disputes your domain name registration. You also agree that if a domain name dispute arises with any third party, you will indemnify and hold us harmless according to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor emails 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 Inc. provides the Services and manages the Site from its offices in Houston, TX. This Agreement is governed by the laws of the State of Texas, USA, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in Harris County, Texas, USA, in all disputes arising from 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 Inc. 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 Inc. as a result of this Agreement or use of the Services or the Site. Anonymize Inc.’s performance of this Agreement is subject to existing laws and legal processes. Nothing in this Agreement is in derogation of Anonymize Inc.’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 Inc. concerning 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 Inc. concerning the Services and the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Anonymize Inc. concerning the Site. A printed version of this Agreement and 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 an accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Anonymize Inc. 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 Inc. 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 © 2023 Anonymize, Inc and/or its suppliers. All rights reserved.
Effective Date: January 1st, 2023