Legal Agreements

cheapcooldomains.com – DOMAIN NAME PROXY AGREEMENT
Last Revised: 3/7/2023
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.  The Universal Terms of Service Agreement outlines the general terms and conditions for using the Site and the Services. This Domain Name Proxy Agreement (referred to as the “Service Agreement“) governs your utilization of cheapcooldomains.com’s domain privacy-related services (“DBP Services“). Terms in this Service Agreement that are capitalized but not defined are defined in the Universal Terms of Service Agreement.  You also agree to comply with the terms and conditions established 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 cheapcooldomains.com's PRIVATE REGISTRATION SERVICES
Upon subscribing to cheapcooldomains.com’s private registration service through an affiliated Registrar, cheapcooldomains.com will publicly display its contact information in the “WHOIS” directory instead of Your information. cheapcooldomains.com will maintain the confidentiality of Your name, postal address, email address, phone and fax numbers, subject to Section 4 of this Agreement. The following information (excluding personal information) will be publicly accessible in the “WHOIS” directory according to ICANN policy:
  1. cheapcooldomains.com’s name as the proxy Registrant of the domain name and a proxy email address, phone number, and postal address for the proxy Registrant’s contact information.
  2. A proxy postal address and phone number for the technical contact of the domain name registration.
  3. A proxy email address, postal address, and phone number for the administrative contact of the domain name registration.
  4. A proxy email address, postal address, and phone number for the billing contact of the domain name registration.
  5. The primary and secondary domain name servers designated by You for the domain name.
  6. The original registration date and expiration date of the domain name registration.
  7. The identity of the Registrar.
2. FULL BENEFITS OF DOMAIN REGISTRATION RETAINED BY YOU
While cheapcooldomains.com will appear as the Registrant in the “WHOIS” directory for each designated domain name registration, you will retain all the rights and benefits of domain name registration, including, subject to Section 4 below:
  1. The right to sell, transfer, or assign each domain name registration, requiring cancellation of associated DBP Services.
  2. The right to control the usage of each domain name registration, including the designation of primary and secondary domain name servers.
  3. The right to cancel each domain name registration.
  4. The right to cancel the DBP Services associated with each domain name registration and/or Your privacy services with cheapcooldomains.com, resulting in the listing of Your contact information in the “WHOIS” directory.
  5. The right to renew each domain name registration upon its expiration, subject to the applicable rules and policies of Your Registrar.
3. PERSONAL INFORMATION AND YOUR NOTIFICATION OBLIGATIONS; REPRESENTATION AND WARRANTIES; ACCOUNT SECURITY

Personal Information and Your Notification Obligations

You agree that for each domain name utilizing DBP Services, you will provide accurate and up-to-date information regarding:

  1. Your name, email address, postal address, phone and fax numbers for the Registrant contact of the domain name registration.
  2. The email address, postal address, phone and fax numbers for the technical contact of the domain name registration.
  3. The email address, postal address, phone and fax numbers for the administrative contact of the domain name registration.
  4. The email address, postal address, phone and fax numbers for the billing contact of the domain name registration.
  5. You further agree to provide government-issued photo identification and/or government-issued business identification for identity verification when requested.

You agree to

  1. Notify cheapcooldomains.com within three (3) calendar days of any changes to the personal information provided upon subscribing to DBP Services.
  2. Respond within three (3) calendar days to inquiries from cheapcooldomains.com to verify the validity of the personal information provided by You.
  3. Timely respond to email messages sent by cheapcooldomains.com regarding correspondence addressed to or involving You and/or Your domain name registration, as detailed in Section 5(c) below.
  4. Permit cheapcooldomains.com to act as your Designated Agent (as defined below) for the addition or cancellation of DBP Services associated with your domain name and to facilitate a change of registrant request, as described further below.
  5. For specific ccTLDs and as required by ICANN, the use of Domains by Proxy (.ag, .am, .at, .au, .be, .ca, .cl, .cn, .de, .dk, .es, .fi, .fm, .fr, .gg, .gr, .gs, .in, .it, .jp, .kr, .ms, .my, .no, .nu, .ph, .pl, .pt, .ru, .sc, .se, .sg, .tc, .tk, .tw, .us, .vg, .co.nz, .net.nz, .org.nz, .com.tw, .org.tw, .idv.tw, .com.cn, .net.cn, .org.cn, .jobs, .eu, .com.ag, .net.ag, .org.ag, .com.pl, .net.pl, .org.pl, .biz.pl, .info.pl, .com.sc, .net.sc, .org.sc, .com.au, .net.au, .com.br, .co.jp, .com.sg, .com.ph, .co.za, .co.in, .com.pt, .org.au, .net.in, .org.in, .firm.in, .gen.in, .ind.in, .com.my, .gov.co, .com.es, .com.ve, .org.ve, .com.gr, .net.my, .nom.es, .org.es, .net.br, .org.co, .co.kr, .org.my, .com.ru, .net.ru, .org.ru, .co.ve, .info.ve, .net.ve, .web.ve, .ne.kr, .net.ph, .org.ph, .nyc, .vote, .law, .blackfriday, .hiv, .tattoo, .voto, .pics, .sydney, .flowers, .lol, .amsterdam, .hiphop, .juegos, .link, .guitars, .gift, .click, .nrw, .property, .diet, .help, .sexy, .mom, .audio, .game, .christmas, .photo, .hosting, .melbourne, .re.kr is restricted or prohibited. Consequently, the registry operator may make Your information publicly available via WHOIS or its successor protocol (“WHOIS” Directory), which is beyond the control of GoDaddy

It is your responsibility to maintain accurate and current personal information at all times.

Renewals

You acknowledge and agree that cheapcooldomains.com will facilitate the charging of your credit card on file with the Registrar for the renewal of services at the Registrar’s prevailing rates. 

In the event that cheapcooldomains.com and/or the Registrar is unable to charge your credit card for the full amount of the provided service, or if cheapcooldomains.com and/or the Registrar experiences a chargeback for any previously charged fee, you agree that cheapcooldomains.com and/or the Registrar may take all necessary actions, without prior notice, to seek payment. These actions may include immediate cancellation of all services provided by cheapcooldomains.com to you. 

Representations and Warranties

You warrant that all information provided by you to cheapcooldomains.com is accurate, complete, current, and truthful. Furthermore, you warrant that you are utilizing cheapcooldomains.com’s private registration services in good faith and that you have no knowledge of your domain name infringing upon or conflicting with the legal rights, trademark, or trade name of any third party. You also warrant that the domain name being registered by cheapcooldomains.com on your behalf will not be used for any unlawful activities or for the transmission of spam. Additionally, you confirm that the domain name does not contain or install any viruses, worms, bugs, Trojan horses, or other malicious code, files, or programs designed to disrupt, damage, or limit the functionality of any software or hardware. 

Account Security

You acknowledge that you are solely responsible for maintaining the confidentiality of your customer number/login ID and password (“Account Access Information”). You agree to promptly notify cheapcooldomains.com of any unauthorized use of your account or any security breaches. You understand and agree that cheapcooldomains.com will not be held liable for any losses incurred as a result of unauthorized use of your Account Access Information, whether you were aware of such use. You further agree that you may be held responsible for any losses incurred by cheapcooldomains.com or any other party due to the unauthorized use of your Account Access Information. It is your responsibility to keep your Account Access Information secure and prevent unauthorized access. You agree that you are fully accountable for all activities conducted through your account, whether authorized by you or not. cheapcooldomains.com explicitly disclaims liability for any activities in your account, irrespective of whether you authorized them. 

Designated Agency and Change of Registrant Information

The term “Designated Agent” refers to an individual or entity explicitly authorized by the prior registrant or new registrant to approve a change of registrant request on their behalf. In the case of DBP Services, a change of registrant request may also arise when DBP Services are added or removed from a domain name. To facilitate such change requests and comply with ICANN’s Change of Registrant Policy, (outbound link to: icann.org/resources/pages/transfer-policy-2016-06-01-en) you agree to appoint cheapcooldomains.com as your designated agent solely for the purpose of explicitly consenting to material changes in registration contact information on your behalf.

4. Cheapcooldomains.com's Rights to Deny, Suspend, Terminate Service, and Disclose Your Personal Information
You understand and agree that cheapcooldomains.com has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to:
  1. 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 cheapcooldomains.com
    1. When required by law, in the good faith belief that such action is necessary to conform to the edicts of the law or in the interest of public safety;
    2. To comply with legal process served upon cheapcooldomains.com or in response to a reasonable threat of litigation against cheapcooldomains.com (as determined by cheapcooldomains.com in its sole and absolute discretion); or
    3. To comply with ICANN rules, policies, or procedures.

  2. Resolve any and all third-party claims, whether threatened or made, arising out of your use of a domain name for which cheapcooldomains.com is the registrant listed in the “WHOIS” directory on your behalf; or

  3. Take any other action cheapcooldomains.com deems necessary:
    1. In the event you breach any provision of this Agreement or the cheapcooldomains.com Anti-Spam Policy;
    2. To protect the integrity and stability of, and to comply with registration requirements, terms, conditions, and policies of the applicable domain name Registry and/or Registry Provider;
    3. To comply with any applicable laws, government rules or requirements, subpoenas, court orders, or requests of law enforcement;
    4. To comply with ICANN’s Dispute Resolution Policy or ICANN’s Change of Registrant Policy;
    5. To avoid any financial loss or legal liability (civil or criminal) on the part of cheapcooldomains.com, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, and employees;
    6. If the domain name for which cheapcooldomains.com is the registrant on your behalf violates or infringes a third party’s trademark, trade name, or other legal rights; and
    7. If it comes to cheapcooldomains.com’s attention that you are using cheapcooldomains.com’s services in a manner (as determined by cheapcooldomains.com in its sole and absolute discretion) that:
      • Is illegal, or promotes or encourages illegal activity; Promotes, encourages, or engages in the exploitation of children or any activity related to the proliferation of child sexual abuse material (CSAM);
      • Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
      • Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
      • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation or promotes, encourages, or engages in the sale or distribution of prescription medication without a valid prescription;
      • Infringes on the intellectual property rights of another User or any other person or entity;
      • Violates the privacy or publicity rights of another User or any other person or entity or breaches any duty of confidentiality that you owe to another User or any other person or entity;
      • Interferes with the operation of cheapcooldomains.com services;
      • Contains or installs any viruses, worms, bugs, Trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
      • Contains false or deceptive language or unsubstantiated or comparative claims regarding cheapcooldomains.com or its services.
You further understand and agree that if cheapcooldomains.com 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 cheapcooldomains.com’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. cheapcooldomains.com takes any of the actions set forth in subsection i, ii, or iii above or section 5; and/or
  2. You elect to cancel cheapcooldomains.com’s services for any reason — Neither cheapcooldomains.com nor your Registrar will refund any fees paid by you whatsoever.
Neither Cheap-Domain Registration.com nor your Registrar will be refunding any fees paid by you whatsoever through this process.
5. COMMUNICATIONS FORWARDING

a. Correspondence Forwarding

Given that cheapcooldomains.com’s name, postal address, and phone number will be listed in the Whois directory, you agree that cheapcooldomains.com will review and forward communications addressed to your domain name that are received via email, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first-class U.S. postal mail. It is important to note that cheapcooldomains.com will not forward first-class postal mail (except legal notices), “junk” mail, or other unsolicited communications (whether delivered through email, fax, postal mail, or telephone). You authorize cheapcooldomains.com to either discard such communications or return them unopened to the sender. By doing so, you acknowledge and waive any claims arising from your failure to receive communications directed to your domain name but not forwarded by cheapcooldomains.com.

b. Email Forwarding

The WHOIS directory requires an email address for every purchased domain name registration. When you purchase a private domain registration, cheapcooldomains.com creates a private email address for that domain name, “@domainsbyproxy.com”. Subsequently, when messages are sent to that private email address, cheapcooldomains.com handles them according to the email preference you selected for that particular domain name. You have three (3) email preferences to choose from: 

  1. Forward all messages
  2. Filter all messages for spam and then forward
  3. Do not forward any messages

Similar to other forms of communication, you agree to waive any claims arising from your failure to receive email directed to your domain name but not forwarded by cheapcooldomains.com.

c. Notifications Regarding Correspondence and Your Obligation to Respond

In most cases, when cheapcooldomains.com receives certified or traceable courier mail or legal notices addressed to your domain name, it will attempt to forward the mail to you via email. If you fail to respond to the email and/or the correspondence received by cheapcooldomains.com regarding your domain name registration involves a dispute or requires immediate resolution, cheapcooldomains.com may reveal your identity and/or cancel the private registration service. This means that the Whois directory will display your name, postal address, email address, and phone number as provided to cheapcooldomains.com. 

d. Additional Administrative Fees

Cheapcooldomains.com reserves the right to charge you reasonable “administrative fees” or “processing fees” for:

Tasks performed outside the normal scope of its services

Additional time and/or costs incurred in providing services

Non-compliance with the Agreement (as determined by cheapcooldomains.com)

Typical scenarios for administrative or processing fees include, but are not limited to:

Customer service issues requiring additional personal time and attention

Disputes necessitating accounting or legal services, whether performed by cheapcooldomains.com staff or external firms

Recovering costs and fees (including DBP Services) resulting from chargebacks or payment disputes initiated by you, your bank, or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method on file with your Registrar.

By agreeing to this, you waive the right to a trial by jury in any proceeding related to or arising from this Agreement.

6. Limitations of Liability
Under no circumstances shall cheapcooldomains.com be liable for any direct, indirect, incidental, punitive, special, or consequential damages related to this Agreement, your domain name registration, DBP Services, the use or inability to use the cheapcooldomains.com website or the materials and content of the website, or any other websites linked to the cheapcooldomains.com website, or your provision of any personally identifiable information to cheapcooldomains.com 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 cheapcooldomains.com has been advised of the possibility of such damages or if such damages were reasonably foreseeable. Please note that certain jurisdictions may not permit the limitation or elimination of liability for consequential or incidental damages, and in such cases, cheapcooldomains.com’s liability in those jurisdictions will be limited to the smallest amount permitted by law. You further understand and agree that cheapcooldomains.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 website or the websites of our affiliated registrars
  3. Non-delivery or mis delivery of data between you and cheapcooldomains.com
  4. The failure to renew a private domain name registration for any reason
  5. The unauthorized use of your cheapcooldomains.com account or any of the DBP services
  6. Errors, omissions, or misstatements by cheapcooldomains.com
  7. Deletion of, failure to store, failure to process or act upon email messages forwarded to you or your private domain name registration
  8. Processing of updated information regarding your cheapcooldomains.com account
  9. Any act or omission caused by you or your agents, whether authorized or not.
7. INDEMNITY

You agree to release, defend, indemnify, and hold harmless cheapcooldomains.com, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees, as well as 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 by cheapcooldomains.com, the cheapcooldomains.com website, Your account with cheapcooldomains.com, Your use of Your domain name registration, and/or disputes arising in connection with the dispute policy.

8. Cheapcooldomains.com WARRANTY DISCLAIMER

cheapcooldomains.com, 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 cheapcooldomains.com website, or any websites linked to the cheapcooldomains.com website, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All DBP services, as well as the cheapcooldomains.com website, are provided “as is.” Your subscription to and use of DBP services and its website are entirely at your own risk. Some jurisdictions do not allow the disclaimer of implied warranties, in which event the foregoing disclaimer may not apply to you.

9. COPYRIGHT AND TRADEMARK

You understand and agree that all content and materials contained in this Agreement, the Privacy Policy, and the cheapcooldomains.com website are protected by various copyright, patent, trademark, service mark, and trade secret laws of the United States, as well as other applicable proprietary rights and laws. cheapcooldomains.com expressly reserves all rights in and to such content and materials.

Furthermore, you understand and agree that you are prohibited from using, in any manner whatsoever, any of the aforementioned content and materials without the express written permission of cheapcooldomains.com. This Agreement or any other means do not grant you any

10. MISCELLANEOUS PROVISIONS

a. Severability; Construction; Entire Agreement

If any part of this Agreement is deemed illegal, unenforceable, or invalid, in whole or in part, that provision shall be modified to the minimum extent necessary to make it legal, enforceable, and valid, while the remaining provisions shall remain unaffected. The headings herein are not considered part of this Agreement. This Agreement, including the policies it incorporates by reference, constitutes the complete and only Agreement between you and cheapcooldomains.com regarding the services described herein.

b. Governing Law; Venue; Waiver Of Trial By Jury

This Agreement shall be governed by the laws and judicial decisions of Maricopa County, Arizona, excluding its conflicts of laws rules. Except as provided below, any action relating to or arising from this Agreement shall be exclusively brought in the courts of Maricopa County, Arizona. For domain name registration disputes, you agree to submit to the exclusive jurisdiction and venue of the U.SDistrict Court for the District of Arizona located in Phoenix, Arizona. You waive the right to a trial by jury in any proceeding, regardless of venue, related to or arising from this Agreement.

c. Notices

All notices from cheapcooldomains.com to you will be sent to the email address you provided. Notices by email are deemed effective twenty-four (24) hours after being sent, unless cheapcooldomains.com receives notice of an invalid email address, in which case notice may be given via first class or certified mail, return receipt requested. All notices from you to cheapcooldomains.com shall be sent via certified mail, return receipt requested or traceable courier to the address below:

cheapcooldomains.com Attn: General Counsel 2150 E. Warner Rd. Tempe, AZ 85284 USA

Notices sent via certified mail or traceable courier are deemed effective five (5) days after the mailing date.

d. Insurance

In the unlikely event that you lose your domain name registration to a third party solely due to cheapcooldomains.com’s negligent actions (absent fraud or other negligent or willful misconduct committed by a third party), you may be insured against such loss through cheapcooldomains.com’s Professional Liability Insurance Policy, underwritten by American International Insurance Company. Claims are subject to investigation by the carrier. If you believe circumstances warrant filing an insurance claim, please send a written notice specifying the basis for the claim via certified mail, return receipt requested, to the address below:

cheapcooldomains.com Attn: Insurance Claims 2150 E. Warner Rd. Tempe, AZ 85284 USA

e. Indemnification

In the unlikely event that you lose your domain name registration to a third party solely due to cheapcooldomains.com’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 related to the loss of your domain name registration. Indemnification is conditioned upon you promptly notifying both cheapcooldomains.com and the Indemnifying Party in writing of the claim, demand, or action and providing reasonable assistance to the Indemnifying Party, at its cost and expense, in connection with the claim. The Indemnifying Party has the right, at its option, to control and direct the defense and settlement of such claim. Notices concerning indemnification should be sent in accordance with Section 10(c) of this Agreement for cheapcooldomains.com and in accordance with the notification provisions contained in your Registrar’s Domain Name Registration Agreement for your Registrar.

f. Term of Agreement; Survival

The terms of this Agreement shall remain in full force and effect as long as cheapcooldomains.com is the Registrant for any domain name on Your behalf. Sections 5 (Correspondence Forwarding), 6 (Limitation of Liability), 7 (Indemnity), 8 (Warranty Disclaimer), and 10 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.