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Domain Name Whois Privacy Service Agreement

NicProxy Domain ID Protect Service (Whois Privacy Service) ("Service") engagement, Registrant and Reseller must read, fully understand and agree to the Service Agreement provided below by Nics Telekomunikasyon Ticaret Ltd. Sti. ("NicProxy"). In addition, all the Whois Privacy Service engagement will have to comply with all the other Policies, Terms and Conditions of domain name registration of NicProxy where applicable.

The following terms and conditions shall apply to all Whois Privacy Service engagement. For subscribers to the Domain ID Protect Service you agree that "NicProxy Customer" ("NPC") be the listed Registrant and domain owner as per the information contained within the official whois record. When you subscribe to NicProxy Domain ID Protect Service, you will have the ability to (a) display alternate contact information in the public WHOIS database for your partner and customers and (b) not display the fax number and NIC Handle associated with the account for the applicable domain name.

By offering the Domain ID Protect Service, you are requesting authorization from Your Partners and customers to process communications directed at them to you at the contact information displayed in the public WHOIS database as follows: (i) E-mail Address. A private e-mail address that will automatically change in the public WHOIS database is created for the applicable domain name and will be displayed in the public WHOIS database. Messages received at the e-mail address posted in the public WHOIS database will be filtered for SPAM and forwarded to the e-mail address associated with your account for the applicable domain name. Once an e-mail address is removed from the public WHOIS database it will no longer be a valid e-mail address for the receipt messages; (ii) Postal Address. A P.O. Box address in care of NicProxy will be the postal address displayed in the public WHOIS database for the applicable domain name. You shall have authorization to receive, sort, open, forward, and destroy any and all mail sent to such P.O. Box. Other terms and conditions governing Domain ID Protect Services for Your Partners and Services are found in the Services Agreement.

Full Ownership rights retained: Although NPC is listed as the registrant, you will retain full domain ownership rights, such as:
- The ability to sell or transfer each domain
- The ability to manage domain name servers to the settings of your choice
- The ability to create/manage/nameservers for your domain
- The ability to renew your domain upon expiration

The following publicly available information for domain names under Whois Privacy Service engagement under the compliance of ICANN policy, NPC contact will be listed for the following contact information:
- Registrant - name, email, address, phone and fax contacts
- Technical - name, email, address, phone and fax contacts
- Billing - name, email, address, phone and fax contacts
- Administrative - name, email, address, phone and fax contacts

Irrespective of whether Privacy Service is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.

In addition, for each domain that utilizes the Whois Privacy Service, all Registrant and Reseller shall agree to provide the following VERIFIABLE information for record purpose:
- Registrant - name, email, address, phone and fax contacts
- Technical - name, email, address, phone and fax contacts
- Billing - name, email, address, phone and fax contacts
- Administrative - name, email, address, phone and fax contacts

Whois Privacy Service shall be chargeable for a fee, which is set forth on the Pricing Page, per annum for each Whois Privacy Service engagement submitted by Reseller or Registrant. The Fee shall not be refundable in the event of any form of early termination of the Whois Privacy Service.

You acknowledge and agree that NicProxy has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to (a) reveal to third parties the contact information provided by you to NicProxy in connection with the account for the applicable domain name, (b) populate the public WHOIS database with the registrant's name, primary postal address, e-mail address and/or telephone number as provided by you to NicProxy, or (c) terminate your subscription to our Domain ID Protect Service: (i) if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid; (ii) to comply with any applicable laws, government rules or requirements, ICANN policies or requirements, subpoenas, court orders, requests of law enforcement or government agencies; or (iii) if any third party threatens legal action against Nics Telekomunikasyon Ticaret Ltd. Sti. that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or in violation of a third party's legal rights.

Reseller agrees that NicProxy can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Parent and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service. Reseller understands that the Privacy Protection Service is only available for certain TLDs.

Notice of termination: In the event of termination or cancellation of Service for any Domain Name, Registrant or Reseller agree to explicitly cancel/suspend via NicProxy Reseller Account. Upon suspension, termination or cancellation, the Service will cease for the specific Domain Name, the publicly available whois information will revert back to the Registrant information. Additional notice or proof of cancellation is not required beyond what is available via our online interface.

Indemnification: Registrant and Reseller agree to indemnify, defend and hold harmless of NicProxy and ID Protection Service, its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Service and Domain Name registration. This indemnification obligation will survive the termination or expiration of this Agreement.

Governing Law: The Agreement, rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Turkey.

Limitation of liability: NICPROXY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, OR THE INABILITY TO USE, THE SERVICE, OR IN ANY OTHER WAY RELATED TO THE SERVICE AND DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, NICPROXY RELATED PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR DAMAGES THAT REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN NAME ARISING FROM "HACKING" OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME. FINALLY, NICPROXY IS NOT LIABLE WHATSOEVER FOR ANY DAMAGES THAT REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORIZED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE TLD, OR BREACH OF SECURITY, EVEN IF NICPROXY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF NICPROXY MAY FORESEE SUCH POSSIBLE DAMAGES. REGISTRANT'S SOLE REMEDY FOR NICPROXY'S BREACH OF THIS AGREEMENT SHALL BE A REFUND OF THE FEE PAID TO NICPROXY, WHICH REMEDY REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS AGREEMENT. REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO NICPROXY BY THE REGISTRANT.

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