WHOIS PRIVACY AGREEMENT

• SERVICES

  You are informed and acknowledge that the Privacy Service is exclusively provided by Sav. Use of the Privacy Service means that Sav will redact your public WHOIS information.

• YOUR AGREEMENT

  By using the Privacy Service, you agree to all terms and conditions of this Agreement, which incorporates by reference each of (i) Sav’s Universal Terms of Service Agreement  ("UTOS"), (ii) Sav’s Domain Name Registration Agreement (“DNRA”), and (iii) all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the top-level domain ("TLD") in which you register any domain (“Registry Policies”).

  YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES YOU ARE BOUND BY THIS POLICY YOU AGREE THAT YOU WILL READ THIS AGREEMENT PRIOR TO USING THE PRIVACY SERVICE.

• REGISTRATION

  You understand and acknowledge that your personal information may be publicly displayed on the WHOIS record at any time during the life of your registration, including at the time of registration and for up to 48 hours following registration and/or activation of the Privacy Service. Sav shall have no liability for any public display or disclosure of your WHOIS record. For more information on what personal details will be displayed and how such information will be used, please refer to Section 5 of Sav’s  DNRA. 

• SUSPENSION AND/OR TERMINATION

  If Sav determines in its sole discretion that you are alleged to be violating the terms and conditions of this Agreement or any other agreement entered into by you and us, then your use of the Privacy Service may be suspended and/or this Agreement may be terminated by Sav. In the event of termination or suspension of the Privacy Service, you agree a) that no pre-paid fees will be refunded to you and b) that your personal information may be displayed on the public WHOIS record for the domain name.

  Sav may, in its sole discretion, elect to terminate this Agreement without cause and discontinue the Privacy Service immediately and with no notice, and any pre-paid fees for any unused portion of a service term shall be refunded to you within a reasonable period of time. Sav may also, in its sole discretion, elect to terminate this Agreement without cause and that, in such event, the termination shall take effect immediately and any pre-paid fees for an unused portion of your service term shall be refunded to you within a reasonable period of time.

• COMMUNICATIONS

  It is your responsibility to maintain accurate, current, and complete contact information in your Sav account (“User Account”). You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between you and Sav. Your failure to respond to a communication from us may result in suspension or cancellation of the Privacy Service without any refund of pre-paid fees, if applicable.

• USE OF PERSONAL INFORMATION

  Any personally identifying information that you provide in connection with the Privacy Service shall be used according to our Privacy Policy.

• LIMITATIONS OF LIABILITY

  UNDER NO CIRCUMSTANCES SHALL SAV BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, SAV'S SERVICES, USE OR INABILITY TO USE THE SAV SITE OR THE MATERIALS AND CONTENT OF THE SITE OR ANY OTHER SITES LINKED TO THE SAV SITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO SAV 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 SAV 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, SAV'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. YOU WAIVE ALL RIGHTS TO INJUNCTIVE RELIEF FOR ANY CLAIM RELATED TO THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL PAYMENTS REQUIRED TO BE MADE UNDER THIS AGREEMENT.

  YOU FURTHER UNDERSTAND AND AGREE THAT SAV DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

  • THE INADVERTENT OR INTENTIONAL DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;

  • ACCESS DELAYS OR INTERRUPTIONS TO OUR SITE;

  • DATA NON-DELIVERY OF MIS-DELIVERY BETWEEN YOU AND SAV;

  • THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION;

  • THE UNAUTHORIZED USE OF YOUR USER ACCOUNT OR ANY OF SAV’S SERVICES;

  • ERRORS, OMISSIONS OR MISSTATEMENTS BY SAV;

  • DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED TO EITHER YOU OR YOUR DOMAIN NAME REGISTRATION;

  • PROCESSING OF UPDATED INFORMATION REGARDING YOUR SAV USER ACCOUNT; AND/OR,

  • ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).

• INDEMNITY

  YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD SAV, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE PRIVACY SERVICE OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE PRIVACY SERVICE UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.

• DISCLAIMER

  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE PRIVACY SERVICE FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. SAV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SAV ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

  IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SAV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

  THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

• DISCLOSURE TO THIRD PARTIES

  In accordance with the rules of the Internet Corporation for Assigned Names and Numbers, third parties may be given reasonable access to your WHOIS data on the basis of legitimate interests, except where such interests are overridden by your interests or fundamental rights and freedoms pursuant to Article 6(1)(f) GDP.

  Whether requested access is reasonable will be evaluated in good faith by whether the data request is proportional to your privacy interests, based on the totality of the circumstances and some or all of the following non-exclusive factors:

  • the balancing of the intensity of the interference with your WHOIS data vs the importance of the data to the data requestor;

  • the protection that applicable laws grant to your WHOIS data;

  • the extent to which the data requestor’s interest in the WHOIS data is documented and indisputably demonstrated;

  • the extent to which use the domain name associated with your WHOIS data is used to commit a crime;

  • the extent to which the entity requesting your WHOIS data is a governmental authority with jurisdiction;

  • the extent to which disclosure of your WHOIS data is required by law.

• GENERAL

  This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and Sav, and supersedes and governs all prior proposals, agreements, or other communications with respect to the Privacy Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Sav to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Sav of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Sav will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. All disputes between the parties concerning any matter relating to this Agreement shall be subject to arbitration under the Commercial Rules of the American Arbitration Association. Arbitration shall be the exclusive forum available to the parties and all hearings shall take place in Chicago, Illinois (USA).