Last Updated: October 9th, 2008

1. Register4Less.com Whois Privacy Service Agreement

1. Please read this Register4Less.com Whois Privacy Service Agreement ("Agreement") carefully and in its entirety.  By making use of the  Whois Privacy Service ("WPS"), you agree to bound by all the terms and conditions set forth in this agreement.  You agree that Register4Less.com ("R4L") may from time to time update this agreement by posting these updates to its website.  You further  agree to be bound to any terms and conditions contained in the upgraded agreement.

2. WPS Whois Record

1. When you subscribe to the WPS, selected contact fields allowed by the sponsoring registry in your domain's Public Whois Record will be replaced by contact information supplied by R4L.  Under the WPS, you are able to configure your WPS preferences to enable/disable whether certain fields show your provided contact information or R4L's WPS information.  The contacts fields are specifically:
1. The first and last name fields will be shown as R4L Privacy Advocate.  Your first and last name given will not be shown in your domain's Whois record while WPS is enabled for these fields.
2. A Post Office Box maintained by R4L will be listed as the postal address while WPS is enabled for this field.
3. A unique forwarding email address will be maintained by R4L.  Email received at this address will be forwarded to your real email address, however your real address will not be revealed to the sender.  To help prevent spammers from being able to obtain the WPS email address, this address will be periodically changed by R4L.
4. An R4L supplied telephone number will be listed in your domain's Whois Record.  Service for this number will direct callers to a web site which will direct them how to contact you using information available in your domain's Whois record.
5. No Fax number will be listed for your domain.
6. The name of the Organization you provide with the domain's registration will appear unchanged as the registrant of the domain.

3. Ownership and Control of Your domain

1. The Organization Name you provide and maintain shall be listed as owner of the domain.  You retain the ownership and management rights of your domain, including:
1. The right to sell, transfer or assign the domain to a different individual or organization.
2. The right to manage the contact information, DNS, hosting, forwarding, email and other services for the domain.
3. The right to configure, enable or disable WPS, pursuant to compliance with this agreement.
4. The right to renew, let expire, or transfer your domain to a different registration provider.
2. R4L Provides you control over enabling and disabling WPS for each domain registered through its service.   Disabling the WPS will cause the contact information you have provided and maintained to be made public through the Public Whois Record for your domain.  Enabling the service will cause the R4L Privacy Information as described in 1.1 to be published through the Whois Record for your domain.
3. Enabling the WPS will also enable Domain Locking (if not already enabled).  Domain Locking provides additional security against unauthorized registrar to registrar transfers / hijacking of your domain.  Should you wish to transfer your domain to another registrar, you will need to disable the WPS and then unlock the domain.
4. Each Sponsoring Registry reserves the right to place restrictions on registrants and registrars with regard to registering a domain with the registry.  These restrictions can include restricting the domain registrar from being permitted to provide a service that shields the registrants true contact information in their domain's Whois record.  In the case of such a restriction, the WPS will restrict which fields in your Whois record that may be enabled for WPS.

4. Communications Forwarding

1. Email sent to the WPS forwarding address will be forwarded the private email address you maintain on file with your account for the domain.  Should your email address become unserviceable (account is no longer valid, mail box is full, etc.), you understand and agree that R4L will not attempt redelivery of forwarded email.
2. You authorize R4L to receive, open, and at its sole discretion forward and/or destroy any mail addressed to you.  You authorize R4L to in our sole discretion to discard or return to sender any that mail that appears to be junk or unsolicited mail.  You hereby waive any and all claims arising from your not receiving mail not forwarded to you by R4L, including mail not forwarded to you that was deemed in error to be bulk or unsolicited mail.
3. Should R4L receive traceable or certified mail addressed to you, we shall contact you by email or telephone to notify you of reception and of the shipping and handling costs to forward the correspondence.  Shipping and handling fees are non-refundable and must be paid in full before R4L can forward the correspondence to you.  Should R4L be unable to contact you or you do not respond to our contacting you to arrange decline to have correspondence forwarded to you, you authorize R4L to terminate the Whois Privacy service the domain in question and agree that the WPS may be disabled for any or all domains in your profile.

5. Your Representations and Warrants

1. You warrant that the Contact Information you provide and maintain for each domain using the WPS is complete and accurate and will be maintained to be complete and accurate.  Should the contact information for your domain change, you warrant that you will update this information with R4L in a timely manner.
2. You warrant you will be using the WPS service in good faith, and have no knowledge that the domain name or it's web site content infringes with the legal rights of a third party or a third party's trademark or Intellectual Property.
3. You warrant that the WPS service will not be used in any illegal, fraudulent, or morally objectionable activity as defined in section 6.2.6of this agreement.
4. You warrant that the domain name not to be used in connection with the transmission of spam/unsolicited email.

6. Right to Terminate WPS and Disclose your Personal Information

1. You acknowledge and agree that Register4Less.com has the right and the power in its sole discretion and without any liability to you whatsoever, to terminate the Whois Privacy Service and thus restore the contact information provided by you in your domain's Whois Record and to reveal to third parties the contact information provided by you.
2. Reasons Register4Less.com will terminate the WPS include but are not limited to:
1. If your domain registration is in breach of this or the R4L Registration agreement.
2. If your domain name or its web site contents is found to infringe on a third party's trademark, trade name, or intellectual property.
3. If necessary to comply with any applicable laws, subpoenas, court orders or request from law enforcement.
4. If required to comply with ICANN's Universal Dispute Resolution Policy (UDRP).
5. If you fail to maintain complete and accurate contact information for the privately maintained contact information for your domain.
6. If necessary to avoid any financial risk or loss or legal liability to Register4Less.com, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees.
7. If it comes to Register4Less.com's attention that you are using the domain registration and Whois Privacy Service 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 or federal laws of Canada and/or foreign territories;
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. relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs 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.
8. In the event that Register4Less.com disables the WPS for one or more of your domains, no fees paid by you for the WPS shall be refundable.

7. Limitations of Liability / Indemnity

1. Under no circumstances shall Register4Less.com be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to this agreement, your domain name registration, Whois Privacy Services, use or inability to use the R4L Web site or the materials and content of the Web site or your provision of any personally identifiable information to Register4Less.com or any third party.
2. This limitation applies regardless of whether the alleged liability is based on contract, tort, anty, negligence, strict liability or any other basis, even if R4L has been advised of the possibility of such damages or such damages were reasonably foreseeable.
3. You further understand and agree that Register4Less.com disclaims any loss or liability resulting from:
1. the inadvertent disclosure or theft of Your personal information;
2. access delays or interruptions to our web site;
3. data non-delivery or misdelivery between You and Register4Less.com;
4. the failure for whatever reason to renew a private domain name registration;
5. the unauthorized use of Your Register4Less.com account or any of Register4Less.com's services;
6. errors, omissions or misstatements by Register4Less.com;
7. deletion of, failure to store, failure to process or act upon email messages forwarded to either You or Your private domain name registration;
8. processing of updated information regarding Your Register4Less.com account;
9. any act or omission caused by You or Your agents (whether authorized by You or not).
4. You agree to release, defend, indemnify and hold harmless Register4Less.com, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, 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 Agreement, the services provided hereunder by Register4Less.com, the Register4Less.com web site, Your account with Register4Less.com, Your use of Your domain name registration, and/or disputes arising in connection with the Dispute Resolution Policy.