TERMS AND CONDITIONS FOR PRIVATE DOMAIN NAME REGISTRATION
By ordering Private Domain Name Registration Services from 1&1 Internet, Inc. ("1&1"),
you ("you" or "Customer") agree to the terms and conditions set forth herein. The
provisions contained in these Terms and Conditions for Private Domain Name
Registration (the "Agreement") incorporate and are supplemental to 1&1's General
Terms and Conditions (the "1&1 GT&C"), by which you are also bound, to the extent
they are not modified by this Agreement.
In using the Privacy Service, please be aware that your data is not being escrowed with the ICANN escrow program.
1. SUBJECT OF THE AGREEMENT
The Agreement governs the provision of Private Domain Name Registration Services
(the 'Services') to the Customer by 1&1. The Services comprise the registration and
renewal of domain names using contact information provided by 1&1, as described
below, which information will appear in the public WHOIS database on your behalf.
2. SERVICES PROVIDED
1&1 will acquire a Second-Level Domain Name ("Private Domain Name"), on your
behalf, assuming that the Domain Name you request is available for registration. 1&1 will
not own any Private Domain Name registered on your behalf under this Section. Any
costs incurred by 1&1 to obtain and/or maintain the Private Domain Name on your behalf
shall be charged to you by 1&1. Private Domain Names may not be transferred. The toplevel
domain .us may not be registered as a Private Domain Name.
You authorize and direct 1&1 to display alternate contact information in the public
WHOIS database, including names, postal address, phone number, and email address,
as more particularly outlined below.
You authorize and direct 1&1 to process communications directed to you at the contact
information displayed in the public WHOIS database as follows:
An e-mail alias pointing to your 1&1 account will be created once you have purchased
the Services, and that e-mail address will be displayed in the public WHOIS database.
Messages received at the e-mail address posted in the public WHOIS database for your
Private Domain Name will be forwarded to the e-mail address associated with your
account name or to another e-mail address, in accordance with the preferences you set
in the 1&1 Control Panel. Disabling the Services will delete this e-mail address and
remove it from the WHOIS database. 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 of
messages. You acknowledge that you may not receive messages sent such e-mail
address once the Services are disabled.
1&1's corporate address will be the postal address displayed in the public WHOIS
database for the Private Domain Name. You hereby authorize 1&1 to receive, sort,
open, forward, and destroy any and all mail sent to 1&1 on your behalf in its sole
discretion. Third class and "junk" mail will be discarded upon receipt or returned to the
sender unopened. First-class mail and mail received via certified mail or courier,
including but not limited to Federal Express, United Parcel Services, and similar
services, will be opened and all such mail that can be scanned will be scanned and sent
to you via the e-mail address associated with the 1&1 account for the Private Domain
Name. You acknowledge that you will have five (5) calendar days from the date such
mail is sent to you via e-mail to request in writing that a copy of such scanned mail be
forwarded to you via postal mail. You acknowledge that unless you direct us otherwise in
writing within such five (5) calendar day period, all such mail will be destroyed five (5)
calendar days after a scanned copy is sent to you via e-mail. All mail that is unable to be
scanned will be forwarded to you at your expense at the postal address associated with
the account for the applicable domain name.
1&1 reserves the right to charge you for, and you are responsible for paying, all fees and
costs associated with 1&1 forwarding postal mail. 1&1 further reserves the right to
charge an administrative charge of $5.00 per item forwarded. You authorize 1&1 to
apply any such charges to your credit card pursuant to the 1&1 GT&C.
A telephone number will be displayed in the public WHOIS database for the Private
Domain Name which will be answered by a voice mail system. Callers will be informed of
how to contact you using the information displayed in the public WHOIS database,
however, they will not be able to leave messages.
You hereby waive any and all claims arising from your failure to receive communications
directed to your domain name contact information displayed in the public WHOIS
database but not forwarded to you by 1&1. You acknowledge and agree that you will not
receive all communications sent to you at the contact information listed in the public
WHOIS database. You further acknowledge and agree that 1&1 disclaims any and all
loss or liability that may result from your use of the Services and/or your failure to
receive important correspondence sent to you at the contact information displayed in the
public WHOIS database, including, but not limited to, legal notices or UDRP complaints.
3. WARRANTIES AND INDEMNIFICATION
You warrant that the contact information you have provided to 1&1 is and will remain
accurate. You agree that you will inform 1&1 within fifteen (15) calendar days of the
change of your name, mailing address, email address, telephone or telefax number.
You warrant to 1&1 that any Domain Name you may seek to register through 1&1 does
not violate the rights of any third party, in particular trademark rights, and that you have
taken reasonable steps, including but not limited to searches of the applicable state and
federal trademark registries, to assure that this is the case.
You agree to indemnify and hold harmless 1&1, its officers, directors, employees and
agents, with respect to any and all damages, losses, claims or expenses incurred with
respect to or arising out of claims of third parties concerning your use of the Services or
the Private Domain Name.
You acknowledge and agree that 1&1 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 (1) reveal to third parties the contact information provided by you to 1&1
in connection with the account for the applicable domain name, (2) populate the public
WHOIS database with your name, primary postal address, e-mail address and/or
telephone number as provided by you to 1&1, or (3) terminate your subscription to the
if, in 1&1's sole discretion, you violate the terms of the 1&1 GT&C;
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;
to comply with ICANN policies or requirements, including but not limited to the Uniform
Domain Name Dispute Resolution Policy (UDRP)
to comply with any applicable laws, government rules or requirements, subpoenas, court
orders, requests of law enforcement or government agencies; or
if any third party threatens legal action against 1&1 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
violative of a third party's legal rights.
ALL 1&1 SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT
ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE.
4. DISPUTE RESOLUTION
This Agreement shall be interpreted under the laws of the State of Pennsylvania, without
regard to any conflict of laws provisions. Any claim, dispute or controversy with respect
to, in connection with or arising out of this Agreement shall be subject to and decided by
arbitration in the City of Philadelphia, County of Philadelphia, Commonwealth of
Pennsylvania, by a panel of three arbitrators chosen in accordance with terms of the 1&1
1&1 may without advance notice amend this Agreement or the from time to time, and will
do so by posting the new Agreement on the 1&1 website in place of the old. Each and
every such amendment shall be become effective immediately for all pre-existing and
future accounts. It is your responsibility to periodically check the 1&1 website for updates
of this Agreement.