You acknowledge that PN may amend this Agreement at any time upon posting the amended terms on its website, and that any new, different or additional features changing the services provided by PN will automatically be subject to this Agreement. If You do not agree to be bound by, or if You object to, the terms and conditions of this Agreement and any amendments hereto, do not use or access PN's services. Continued use of PN's services and its website after any such changes to this Agreement have been posted, constitutes Your acceptance of those changes.
This Agreement is by and between PN and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your relationship with PN and Your use of PN’s services and represents the entire Agreement between You and PN. By using PN’s Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and You further agree to be bound by the terms of this Agreement for transactions entered into by:
I. You on Your Behalf;
II. Anyone acting as Your agent;
III. Anyone who uses the account You have established with PN, whether or not the transactions were on Your behalf and/or authorized by You.
You agree to be bound by representations made by third parties acting on Your behalf, which either use or purchase services from PN. You further agree that PN will not be bound by statements of a general nature on PN's website or PN promotional materials. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers ("ICANN") (including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy") and Your Registrar (i.e., the ICANN-accredited person or entity through which You register a domain name).
1. Description of PNs Domain Proxy Services
When You subscribe to PN's Domain Proxy Service through a PN-affiliated Registrar, each available domain name registration You designate will thereafter be registered in the name of PN, on all domain WHOIS record including Registrant, Admin, Billing, and Technical contact record. In exchange for PN becoming the Registrant of each domain name registration on Your behalf, PN shall keep Your name, postal address, email address, phone and fax numbers confidential, subject to Section 7 of this Agreement. When PN becomes the Registrant of Your domain name registration, the following information (and not Your personal information) will be made publicly available in the "Whois" directory as determined by ICANN policy:
I. PN's name as the Registrant of the domain name along with PN email address, phone number and postal address for the Registrant's contact information;
II. A proxy postal address and phone number for the domain name registration's technical, administrative, and billing contact;
III. The primary and secondary domain name servers You designate for the domain name;
IV. The domain name's original date of registration and expiration date of the registration;
V. The identity of the Registrar;
VI. Registrar additional message.
2. Full Benefit of Domain Registration by You
PN will show in the "Whois" directory as the Registrant of each domain name registration You designate, but You will retain the full benefits of domain name registration with respect to each such domain name registration, including, subject to Section 4 below:
I. The right to sell, transfer or assign each domain name registration, which You are required to cancel the PN services associated with each such domain name registration;
II. The right to control the use of each domain name registration, including designating the primary and secondary domain name servers to which each domain name points;
III. The right to cancel each domain name registration;
IV. The right to cancel the PN services associated with each domain name registration and/or Your Domain Proxy Service with PN so that Your actual contact information is listed in the "Whois" directory;
V. The right to renew each domain name registration upon its expiration, subject to Your Registrar's applicable rules and policies.
3. Personal Information and Your Notification Obligations
You agree that for each domain name for which PN becomes the Registrant on Your behalf, You will provide to PN and Domain Registrar accurate and current information as to:
I. Your name, the email address, postal address, phone and fax numbers for the domain name registration's Registrant contact;
II. The email address, postal address, phone and fax numbers for the domain name registration's technical, administrative, and billing contact;
III. You agree to provide government issued photo identification and/or government issued business identification as required for verification of identity when requested.
You agree to:
I. Notify PN and update your contact information on your Domain Registrar within three (3) calendar days when any of the personal information You provided upon domain registration that subscribed to PN services, changes;
II. Respond within three (3) calendar days to any inquiries made by PN to determine the validity of personal information provided by You;
III. Timely respond to email messages PN sends to You regarding correspondence PN has received that is either addressed to or involves You and/or Your domain name registration, as more fully set forth in Section 5 below.
It is Your responsibility to keep Your personal information current and accurate at all times.
You agree to pay for PN services through Your Registrar at the Registrar's then current rates.
Renewal fees, once charged, will be non-refundable. You may also elect to disengage the automatic renewal feature for PN's private registration services, by logging into Your Registrar or its Reseller or Affiliate customer account and disabling the privacy service. It's important to regularly check your email and keep your information current and accurate.
If for any reason PN and/or the Registrar for Your domain name is not receiving the full amount of invoice for the service provided, or if PN and/or the Registrar is charged back for any fee it previously charged to the credit card You provided, You agree that PN and/or the Registrar may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to immediate cancellation of all services PN provides to You.
5. Representation and Warranties
You warrant that all information provided by You to PN and Your Registrar is truthful, complete, current and accurate. You also warrant that You are using PN's Domain Proxy services in good faith and You have no knowledge of Your domain name infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
You also warrant the domain name being registered by PN on Your behalf will not be used in connection with any illegal or morally objectionable activity (as defined below in Section 4), or, in connection with the transmission of Spam, or that contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable or, disrupting, damaging or limiting the functionality of any software or hardware.
6. Account Security
You warrant that all information provided by You to PN and Your Registrar is truthful, complete, current and accurate. You also warrant that You are using PN's Domain Proxy services in good faith and You have no knowledge of Your domain name infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant the domain name being registered by PN on Your behalf will not be used in connection with any illegal or morally objectionable activity (as defined below in Section 4), or, in connection with the transmission of Spam, or that contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable or, disrupting, damaging or limiting the functionality of any software or hardware.
7. PN's Rights to Deny, Suspend, Terminate Service and to Disclose Your Personal Information
You understand and agree that PN and Your Registrar has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to:
I. Cancel the privacy service (which means that Your information will be available in the "Whois" directory) and/or reveal Your name and personal information that You provided to PN when:
A. Required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law;
B. To comply with a legal process served upon PN;
C. In order to comply with ICANN rules, policies or procedures.
II. Resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name for which PN is the registrant listed in the "Whois" directory on Your behalf; or
III. Take any other action PN deems necessary:
A. In the event you breach any provision of this Agreement or the PN Anti-Spam Policy;
B. To protect the integrity and stability of the applicable domain name Registry;
C. To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
D. To comply with ICANN's Dispute Resolution Policy;
E. To avoid any financial loss or legal liability (civil or criminal) on the part of PN, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
F. If the domain name for which PN is the registrant on Your behalf violates or infringes a third party's trademark, trade name or other legal rights;
G. If it comes to PN’s attention that You are using PN’s services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise:
1. Appeal purely to the prurient interests of third parties;
2. Defame, embarrass, harm, abuse, threaten, or harass third parties;
3. Violate state, federal or international law;
4. Involve hate crimes, terrorism and child pornography;
5. Are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable;
6. Impersonate the identity of a third party;
7. Harm minors in any way;
8. Relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.
You further understand and agree that if PN is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your domain name registration or Your use of PN's services, Your private registration service may be canceled, which means the domain name registration will revert back to You and Your identity will therefore be revealed in the Whois directory as Registrant.
In the event:
1. PN takes any of the actions set forth in subsection I, II, or III above or section 8; and/or
2. You elect to cancel PN's services for any reason
Neither PN nor your Registrar will refund any fees paid by You whatsoever.
8. COMMUNICATION FORWARDING
In as much as PN's name, postal address and phone number will be listed in the Whois directory, You agree:
I. PN will review and forward communications addressed to Your domain name that are received via email after passing our moderation and spam filtering;
II. PN will notify you through Your email if any certified or traceable courier mail (such as UPS, FedEx, or DHL), or postal mail received by PN addressed to You;
III. You will have to pay for the land line forwarder fee if You demand mail specified above to be forwarded to Your address and You further authorize PN to either discard all such mail that You explicitely disagree to be forwarded or You don't respond for the notification related to the mail received in 3 calendar days;
IV. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by PN.
When PN receives any form of incoming inquiry addressed to Your domain name, in most cases, PN will attempt to forward the mail to you via email. If You do not respond to the PN email and/or the correspondence PN has received regarding Your domain name registration concerns a dispute of any kind or otherwise requires immediate disposition, PN may immediately reveal Your identity and/or cancel the PN private registration service regarding either the domain name registration(s) in question. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number that you provided to PN.
PN reserves the right to charge You reasonable "administrative fees" or "processing fees" for:
I. Tasks PN may perform outside the normal scope of its Services;
II. Additional time and/or costs PN may incur in providing its Services, and/or;
III. Your non-compliance with the Agreement (as determined by PN in its sole and absolute discretion).
Typical administrative or processing fee scenarios include, but are not limited to:
I. Customer service issues that require additional personal time and attention;
II. Disputes that require accounting or legal services, whether performed by PN staff or by outside firms retained by PN;
III. Recouping any and all costs and fees, including the cost of Services, incurred by PN as the result of chargebacks or other payment disputes brought by You, Your bank or Payment Method processor.
These administrative fees or processing fees will be billed to the Payment Method You have on file with Your Registrar.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
9. Limitatios of Liability
UNDER NO CIRCUMSTANCES SHALL PN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, PN'S SERVICES, USE OR INABILITY TO USE THE PN WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE PN WEBSITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO PN OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PN'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
YOU FURTHER UNDERSTAND AND AGREE THAT PN DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
I. THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
II. ACCESS DELAYS OR INTERRUPTIONS TO OUR WEBSITE OR THE WEBSITES OF OUR AFFILIATED REGISTRARS;
III. DATA NON-DELIVERY OF MIS-DELIVERY BETWEEN YOU AND PN;
IV. THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION;
V. THE UNAUTHORIZED USE OF YOUR PN ACCOUNT OR ANY OF PN'S SERVICES;
VI. ERRORS, OMISSIONS OR MISSTATEMENTS BY PN;
VII. DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED TO EITHER YOU OR YOUR PRIVATE DOMAIN NAME REGISTRATION;
VIII. PROCESSING OF UPDATED INFORMATION REGARDING YOUR PN ACCOUNT; AND/OR
IX. ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).
You agree to release, defend, indemnify and hold harmless PN, its 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 attorneys' fees, arising out of or related in any way to this Agreement, the services provided hereunder by PN, the PN website, Your account with PN, Your use of Your domain name registration, and/or disputes arising in connection with the dispute policy (http://www.icann.org/en/help/dndr/udrp/rules).
11. PN Warranty Disclaimer
PN, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICE PROVIDED HEREUNDER, THE PN WEBSITE OR ANY WEBSITES LINKED TO THE PN WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL PN SERVICES, AS WELL AS THE PN WEBSITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF PN'S SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
13. Miscellaneous Provisions
I. Severability; Construction; Entire Agreement
If any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and PN regarding the services contemplated herein.
II. Governing Law; Venue; Waiver Of Trial By Jury
This Agreement shall be governed in all respects by the laws and judicial decisions of Indonesia, excluding its conflicts of laws rules. Except as provided immediately below, You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of Indonesia. For the adjudication of domain name registration disputes, you agree to submit to the exclusive jurisdiction and venue of Indonesia. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement.
All notices from PN to You will be sent to the email address You provided to PN. Notices by email shall be deemed effective twenty-four (24) hours after the email is sent by PN, unless PN receives notice that the email address is invalid, in which event PN may give You notice via first class or certified mail, return receipt requested. All notices from You to PN shall be sent via certified mail, return receipt requested or traceable courier to:
PO BOX 48 Bandung
40135 - Indonesia
Notices sent via certified mail or traceable courier shall be deemed effective five (5) days after the date of mailing.
In the unlikely event You lose Your domain name registration to a third party solely as a result of PN's willful misconduct, Your Registrar (the "Indemnifying Party") will indemnify and hold You harmless against any losses, damages or costs (including reasonable attorneys' fees) resulting from any claim, action, proceeding, suit or demand arising out of or related to the loss of Your domain name registration. Such indemnification obligations under this Section 10(e) are conditioned upon the following:
A. That You promptly give both PN and the Indemnifying Party written notice of the claim, demand, or action and provide reasonable assistance to the Indemnifying Party, at its cost and expense, in connection therewith, and
B. That the Indemnifying Party has the right, at its option, to control and direct the defense to any settlement of such claim, demand, or action.
Any notice concerning indemnification shall, with respect to PN, be sent in accordance with Section 13(III) of this Agreement. With respect to Your Registrar, notices regarding indemnification should be sent in accordance with the notification provisions contained in Your Registrar's Domain Name Registration Agreement.
V. Term of Agreement; Survival
The terms of this Agreement shall continue in full force and effect as long as PN is the Registrant for any domain name on Your behalf. Sections 8 (Communications Forwarding), 9 (Limitation of Liability), 10 (Indemnity), 11 (Warranty Disclaimer) and 13 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.