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Service Agreement

WhoisProtector™ Service Agreement
(Last updated April 9, 2008)

The private registration services (“WhoisProtector Sevices”) that WhoisProtector, Inc. (“WhoisProtector”) provides you are subject to the provisions of this Services Agreement (“Agreement”). The term “you” (and any derivative thereof, such as “your”) also refers to and includes, but is not limited to, any person ordering WhoisProtector Services, any person for whom WhoisProtector Services are ordered, any person using WhoisProtector Services, or any agent, employer, employee, contractor, and other individual or entity acting on your behalf or in relation to your obligations under this Agreement.

THE SUBMISSION OF YOUR “ORDER FORM” (WHICH INCLUDES, WITHOUT LIMITATION, WHOISPROTECTOR’S ONLINE ORDER FORM, HARD COPY WRITTEN ORDER FORM, AND ORDERS MADE VIA OTHER VALID MEANS ACCEPTABLE TO WHOISPROTECTOR) OR YOUR USE OF WHOISPROTECTOR SERVICES WILL IMMEDIATELY AND AUTOMATICALLY CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT. WHOISPROTECTOR MAY, AT ITS SOLE DISCRETION, ACCEPT OR REJECT YOUR ORDER FORM AND THE PROVISION OF WHOISPROTECTOR SERVICES FOR ANY REASON WHATSOEVER. IF YOU ARE SUBMITTING AN ORDER FORM ON BEHALF OF ANOTHER PARTY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT PARTY AS A PRINCIPAL TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

WhoisProtector reserves the right to update this Agreement (including, without limitation, changing or discontinuing any of the WhoisProtector Services) at any time and such modifications will become effective from the time the updated Agreement is published on WhoisProtector’s website located at http://www.whoisprotector.com (the “Web Site”). The operative and effective version of the Agreement will be the latest version available on the Web Site. Your continued use of WhoisProtector Services after any update to the Agreement will constitute your acceptance of the new version of the Agreement.

You and WhoisProtector agree to the following terms and conditions:

1. WHOISPROTECTOR SERVICES

1.1 The amount of personal contact information kept private by WhoisProtector is dependent upon the type of WhoisProtector Service subscribed for. Once WhoisProtector accepts your Order Form, WhoisProtector's information will be made publicly available, and your personal information will not appear in the Whois database, unless otherwise specified in the Order Form.

1.2 By submitting your Order Form to WhoisProtector or otherwise subscribing for WhoisProtector Services, you expressly authorize and designate WhoisProtector to be listed as the registrant of record and other contacts (except where otherwise specified in the Order Form) for your domain name(s) for the effective duration of this Agreement between you and WhoisProtector.

1.3 Upon expiry or termination of this Agreement for any reason, all the Whois information for your domain name will be replaced with the information that existed immediately prior to WhoisProtector becoming the registrant of record or otherwise the information you disclosed to the particular service provider that offers WhoisProtector Services (the “Provider”), as the case may be.

1.4 You will at all times remain the true owner of your domain name(s) that are subscribed for WhoisProtector Services and you will possess the full rights normally associated thereto.

1.5 You understand, acknowledge, and agree that the registration of your domain name(s), including, but not limited to, renewals, transfers, or other processes, is not one of the WhoisProtector Services and that WhoisProtector is not liable or responsible in any way for such processes.

1.6 You understand, acknowledge, and agree that any recommendation made by WhoisProtector employees for services or products ancillary to WhoisProtector Services are the recommendations of that employee only and not of WhoisProtector. Therefore, WhoisProtector does not warrant the integrity or quality of the services or products provided by such third parties.

1.7 You are solely responsible, and WhoisProtector is not responsible, for ensuring the confidentiality and secrecy of any and all passwords related to your domain name(s). If you forget or lose any of your passwords, and/or you require a new password, you will abide by all the security measures and procedures that WhoisProtector may implement and require of you, including your provision to WhoisProtector of valid photo identification, credit card number, and/or notarized affidavit. You understand, acknowledge, and agree that if you do not comply with or satisfy (in WhoisProtector’s sole discretion) WhoisProtector’s security and identification verification procedures, then WhoisProtector reserves the right to refuse any or all of your inquiries and/or requests as they relate to WhoisProtector Services.


2. YOUR INFORMATION

2.1 For each and all of the domains for which you subscribe WhoisProtector Services, you must disclose to the Provider certain information associated thereto, and such information must be complete, accurate, and current at all times during the effectiveness of this Agreement. It is your sole responsibility to ensure that the Provider has actual knowledge of any and all updates to such information. The information that you must submit to the Provider include, but are not limited to, the following:

(a) Your full legal name, mailing address, e-mail, and telephone number;
(b) The full legal name, mailing address, e-mail, and telephone number of the registrant of record (if different from section 2.1(a) above);
(c) The full legal name, mailing addresses, e-mails, and telephone numbers of each of the administrative, technical, and billing contacts;
(d) The IP addresses of the primary name server and any secondary name server, and the corresponding names of such name servers;
(e) Your credit card number and expiry date and the credit card holder’s full name as it appears on the credit card;
(f) Any other information that ICANN (the Internet Corporation for Assigned Names and Numbers) or any domain name registry may require to be submitted to it; and
(g) Any other information that WhoisProtector may require that you submit to it.

2.2 In addition to the information that you are required to provide, WhoisProtector may maintain certain other information related to your domain name(s), including, but not limited to, the following:

(a) The submission date and time of your Order Form to WhoisProtector;
(b) The original creation date of the domain name;
(c) The expiration date of the domain name;
(d) Communications in any form related to you and the provision of WhoisProtector Services;
(e) Billing records and other records of account;
(f) Any other information regarding any and all other activities between you and WhoisProtector regarding WhoisProtector Services.

2.3 If you provide information about any third party, you hereby represent and warrant that you have obtained such third party’s express prior written consent to the disclosure and use of that party’s information. WhoisProtector reserves the right to request from you a copy of such written consent and you will thereby provide WhoisProtector with such written consent. Failure to provide such written consent upon request will be a material breach of this Agreement.

2.4 Your failure to provide complete, accurate, and current information, or your failure to update the information you have already provided to the Provider within three (3) calendar days of such information changing, will be a material breach of this Agreement.

2.5 The failure to respond, within three (3) calendar days, to any of WhoisProtector’s e-mail correspondence to the administrative, technical, or billing contacts of your domain(s) will be a material breach of this Agreement.

2.6 Any notice that WhoisProtector is sends you will be deemed to have been given if sent to the contact information you have provided to WhoisProtector.

2.7 You understand, acknowledge, and agree that WhoisProtector owns all rights, titles, and interests worldwide in WhoisProtector’s domain name database and all information and derivative works generated therefrom.

2.8 You understand and acknowledge that WhoisProtector may, for security purposes, place into escrow with a designated escrow agent any and all information that you have provided to WhoisProtector pursuant to this Agreement and you expressly agree to such disclosure.

3. SPAM
You understand, acknowledge, and agree that WhoisProtector has a zero-tolerance policy against the sending of unsolicited bulk e-mails and/or unauthorized commercial messages over the Internet (“Spam” or “Spamming”). You must not Spam or engage in any type of Spamming activities. Non-compliance with the Spam/Spamming prohibition herein is a material breach of this Agreement.

4. REPRESENTATIONS, WARRANTIES, AND COVENANTS

4.1 You hereby represent, warrant, and covenant that you hold the necessary rights to use, or permit to use, the domain name(s) subscribed for WhoisProtector Services and that such use does not and will not in any way:

(a) violate or potentially violate any right of any third party, including, but not limited to, infringement or misappropriation of any copyright, patent, trademark, trade secret, or other intellectual propriety right;
(b) constitute or potentially constitute violations, such as, but not limited to, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;
(c) cause or potentially cause any kind of dispute between or among any combination of parties;
(d) constitute or potentially constitute the sending of unsolicited bulk-emails or Spam;
(e) be or potentially be unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively, ethically, or otherwise offensive or objectionable; or
(f) encourage, promote, facilitate, or condone conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law and/or regulation, including, but not limited to, local, provincial, state, national, international, or other laws and/or regulations.

4.2 You further represent, warrant, and covenant that you are and will be using your domain(s) and WhoisProtector Services in good faith. Breach of any representation, warranty, or covenant set out herein will constitute material breach of this Agreement.

5. FORWARDING SERVICES

5.1 You understand, acknowledge, and agree that WhoisProtector will forward to you only first class mail, registered mail, and couriered items (collectively referred to herein as “Mail”). WhoisProtector is not obligated in any way to forward to you any Mail by first class, registered mail, or courier regardless of how WhoisProtector received such Mail. The means of forwarding to you any and all Mail will be at WhoisProtector’s sole discretion.

5.2 You will be solely responsible, and WhoisProtector will not be responsible, for all fees, charges, taxes, and other costs involved in forwarding your Mail to you.

5.3 For Mail that appears to be of a legal nature (as solely determined by WhoisProtector) and received by WhoisProtector by first class mail, WhoisProtector will digitally scan the Mail and e-mail you the image. You will then have five (5) calendar days to reply and request that WhoisProtector forward the particular Mail to you. If WhoisProtector does not receive a reply from you within such five (5) calendar days, then WhoisProtector may dispose or return to sender such Mail.

5.4 You understand, acknowledge, and agree that WhoisProtector may dispose or return to sender any or all items received by WhoisProtector that does not constitute Mail as defined herein, as determined at WhoisProtector’s sole discretion.

5.5 Depending on the particular e-mail forwarding option that you choose, WhoisProtector will do one of the following with respect to e-mails that WhoisProtector receives on your behalf:

(a) Forward all of the e-mails to you;
(b) Filter your e-mails for Spam and forward to you all other e-mails; or
(c) Forward no e-mails to you.

5.6 YOU HEREBY EXPRESSLY CONSENT TO WHOISPROTECTOR RECEIVING, FORWARDING, RETURNING TO SENDER, REPLYING TO (IF NECESSARY), DISPOSING/DELETING, STORING, AND OTHERWISE HANDLING YOUR MAIL, YOUR E-MAIL, AND ANY OTHER ITEM THAT WHOISPROTECTOR RECEIVES ON YOUR BEHALF (ALL AT WHOISPROTECTOR’S SOLE REASONABLE DISCRETION).

5.7 You understand, acknowledge, and agree that WhoisProtector will in no way be liable or responsible for any Mail, e-mail, or other item received by WhoisProtector on your behalf that is missing, destroyed, damaged, stolen, lost, or otherwise.

5.8 You understand, acknowledge, and agree that you will indemnify and hold harmless WhoisProtector from and against any and all claims arising out of or resulting from the failure of any Mail, e-mail, and/or other items received by WhoisProtector on your behalf from reaching you.

6. PAYMENT OF FEES

6.1 You are responsible for paying all fees associated with the provision of and/or your use of WhoisProtector Services (“Fees”).

6.2 You must make payments for Fees by valid credit card or such other payment method as WhoisProtector may authorize.

6.3 Your failure to make payment for the Fees, or any portion thereof, by the relevant due date will constitute material breach of this Agreement.

6.4 WhoisProtector reserves the right to modify Fees from time to time at WhoisProtector’s sole discretion.

6.5 You understand and acknowledge that WhoisProtector is in no way obligated to provide any or all of WhoisProtector Services to you if you do not pay the Fees or any portion thereof.

6.6 In the event of a charge back by a credit card company (or similar action by another payment provider approved by WhoisProtector), in connection with the payment of your Fees, you agree that WhoisProtector may immediately terminate this Agreement and any or all provision of WhoisProtector Services to you and charge you a penalty fee for such charge back.

6.7 You understand, acknowledge, and agree that you will be responsible for the full and prompt payment of any and all outstanding Fees (including, but not limited to, any penalty fee) notwithstanding the termination or expiry of this Agreement for any reason.

7. BREACH AND TERMINATION

7.1 You understand, acknowledge, and agree that WhoisProtector may, at its sole discretion, immediately terminate or suspend this Agreement, or take other disciplinary measures, in the event of any or all of the following:

(a) your material breach of this Agreement;
(b) your breach of this Agreement and such breach is not cured within three (3) calendar days of receiving a notice from WhoisProtector (whether written or verbal) to cure such breach;
(c) WhoisProtector’s receipt of an order from a court of competent jurisdiction or an arbitration award or directions from ICANN;
(d) WhoisProtector’s receipt of an order from a government authority, such as, but not limited to, law enforcement agencies;
(e) any actual, potential, or threat of legal or other action against WhoisProtector (or its executives, directors, officers, attorneys, managers, employees, agents, consultants, contractors, parent companies, subsidiaries, co-subsidiaries, and divisions), any domain name registry, or ICANN resulting from or arising out of WhoisProtector Services and/or your use thereof;
(f) any other grounds for termination, suspension, or other disciplinary measures as determined by WhoisProtector at its sole reasonable discretion given the circumstances;
(g) your failure to comply with the rules, policies, and agreements with any third party, including, but not limited to, the registry, the registrar, and any other provider of services in relation to your domain name(s) or in affiliation with WhoisProtector Services; or
(h) the cancellation, suspension, transfer, modification, expiry, or termination of your domain name registration.

7.2 You understand, acknowledge, and agree that WhoisProtector will not be obligated to refund to you any of the Fees because of any termination or suspension of this Agreement or other disciplinary measures.

7.3 You understand, acknowledge, and agree that material breach of this Agreement is not limited to the provisions that expressly state that the breach of such provision constitutes material breach.

7.4 You may terminate without penalty this Agreement and the provision of WhoisProtector Services upon ten (10) days written notice to WhoisProtector. Except as otherwise provided in any Order Form, all Fees incurred or paid hereunder are non-refundable.

8. MODIFICATIONS

You acknowledge that the domain name and Internet industries are constantly evolving and, therefore, you agree that WhoisProtector may modify this Agreement, or any other applicable agreement and/or policy, as is necessary to comply with the rules of ICANN, or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of WhoisProtector Services will constitute your acceptance of this Agreement with any new change. If you do not agree to any such change, you may request in writing that the provision of WhoisProtector Services and this Agreement be terminated. You agree that such termination will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other applicable agreement.

9. INDEMNIFICATION

You agree to protect, defend, hold harmless, and indemnify WhoisProtector (for the purposes of this section WhoisProtector includes, but is not limited to, WhoisProtector’s executives, directors, officers, attorneys, managers, employees, agents, consultants, contractors, parent companies, subsidiaries, co-subsidiaries, and divisions), ICANN, any domain name registry, and the registrar of your domain name(s) that are subscribed for WhoisProtector Services from and against any and all liabilities, losses, costs, judgments, damages, claims, causes of actions, legal fees, and/or expenses arising out of or resulting from your use of WhoisProtector Services, (b) your breach and/or material breach of any of the representations, warranties, and covenants contained in this section.

10. LIMITATION OF LIABILITY

YOU AGREE THAT WHOISPROTECTOR (FOR THE PURPOSES OF THIS SECTION, WHOISPROTECTOR INCLUDES, BUT IS NOT LIMITED TO, WHOISPROTECTOR’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES, AND DIVISIONS), ANY DOMAIN NAME REGISTRY, ICANN, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WHOISPROTECTOR SERVICES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS THAT MAY OCCUR DUE TO ANY (A) LOSS OF REGISTRATION OF YOUR DOMAIN NAME, (B) USE OF YOUR DOMAIN, (C) NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND WHOISPROTECTOR AND/OR BETWEEN WHOISPROTECTOR AND ANY OTHER THIRD PARTY, (D) EVENT BEYOND WHOISPROTECTOR’S REASONABLE CONTROL, (E) PROCESSING OF YOUR ORDER FORM, (F) PROCESSING OF ANY MODIFICATION TO THE INFORMATION ASSOCIATED WITH YOUR DOMAIN NAMES, (G) FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEE HEREUNDER, (H) SUSPENSION, TERMINATION, CANCELLATION, MODIFICATION, OR DISCIPLINARY MEASURES AGAINST YOUR DOMAIN NAMES BY WHOISPROTECTOR, OR (H) ENFORCEMENT OF ANY APPLICABLE DISPUTE RESOLUTION PROVISION. FURTHERMORE, WHOISPROTECTOR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE, EVEN IF WHOISPROTECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL WHOISPROTECTOR’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU OR YOUR AGENT TO WHOISPROTECTOR FOR WHOISPROTECTOR SERVICES.

11. DISCLAIMER

ALL WHOISPROTECTOR SERVICES ARE PROVIDED TO YOU “AS IS,” AND WHOISPROTECTOR WILL HAVE NO LIABILITY FOR FAILURE OF ANY OF THE WHOISPROTECTOR SERVICES PROVIDED TO YOU, WHETHER UNDER THEORIES OF STRICT LIABILITY, PRODUCTS LIABILITY, NEGLIGENCE, OR OTHERWISE. WHOISPROTECTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR WHOISPROTECTOR SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WHOISPROTECTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE USE OF WHOISPROTECTOR SERVICES WILL IMMUNIZE YOU OR PROTECT YOU FROM (A) CHALLENGES TO YOUR DOMAIN NAME’S REGISTRATION, (B) SUSPENSION, CANCELLATION, TRANSFER, OR ANY OTHER LOSS OF THE DOMAIN(S) REGISTERED TO YOU, OR (C) ANY THIRD PARTY OBTAINING YOUR INFORMATION, WHETHER PERSONAL OR OTHERWISE. FOR THE PURPOSES OF THIS SECTION, WHOISPROTECTOR INCLUDES, BUT IS NOT LIMITED TO, WHOISPROTECTOR’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES, AND DIVISIONS, AND ANY DOMAIN NAME REGISTRY, ICANN, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WHOISPROTECTOR’S SERVICES.

12. REGISTRY, REGISTRAR, AND OTHER PROVIDERS

WhoisProtector will not be liable or responsible in any way for any action taken by (a) the applicable domain name registry, (b) the applicable domain name registrar, or (c) any other provider of services related to your domain name(s) and/or WhoisProtector Services.

13. INTELLECTUAL PROPERTY

13.1 You will not, without WhoisProtector’s express prior written consent, copy, reproduce republish, or otherwise use any material, in whole or in part, that is located on the Web Site.
13.2 You will not, without WhoisProtector’s express prior written consent, use any of WhoisProtector’s trademarks, service marks, copyrighted materials, or other intellectual property.
13.3 You will not, in any way, misrepresent your relationship with WhoisProtector, attempt to pass yourself off as WhoisProtector, or claim that you are WhoisProtector.

14. PRIVACY

Except as provided herein, WhoisProtector will keep confidential your information that the Provider discloses to WhoisProtector. You understand, acknowledge, and agree that under urgent or emergency circumstances, and/or as required by court order, official authority, police or other law enforcement authority, or any applicable law or regulation, WhoisProtector may make available your information to the relevant third party.

15. ASSIGNMENT AND AGENTS

15.1 The rights and obligations of both you and WhoisProtector (collectively the “Parties”) under this Agreement will bind and inure to the benefit of the Parties’ respective successors, executors, administrators, and assigns, as the case may be. However, you may not assign or delegate your rights and/or obligations under this Agreement, the Order Form, other agreement for WhoisProtector Services executed between the Parties, either in whole or in part, without the express prior written consent of WhoisProtector.

15.2 You understand, acknowledge, and agree that you will at all times be bound as a principal to this Agreement even if you have executed this Agreement and/or the Order Form as an agent of another party.

16. MINIMUM AGE REQUIREMENT

16.1 You represent and warrant that you are at least 18 years of age and, subject to section 16.2, that any other party you are acting on behalf of for retaining WhoisProtector Services is also at least 18 years of age.

16.2 You understand, acknowledge, and agree that any individual under the age of 18 years (a “Minor”) must have a parent or guardian accept this Agreement as a principal for the Minor to use WhoisProtector Services. If you are a parent or guardian acting in such a capacity, then you will remain primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the Fees, unless and until the Minor has reached the age of 18 and you assign the Agreement to the Minor according to the assignment provisions herein.

16.3 Any acceptance of this Agreement, the Order Form, or WhoisProtector Services by an individual under the age of 18 (Minor) will be null and void as between WhoisProtector and the Minor to the extent that WhoisProtector will not be held liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of WhoisProtector Services.

17. GOVERNING LAW AND SEVERABILITY

This Agreement (including, but not limited to, the Order Form and other agreements for WhoisProtector Services) will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between you and WhoisProtector will take place in Illinois and you consent to personal jurisdiction and venue in that state. If any provision or portion of this Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, then the remainder of this Agreement will continue in full force and effect.

18. FORCE MAJEURE

You understand, acknowledge, and agree that WhoisProtector will not be liable for delays in its performance of this Agreement, the Order Form, or other agreements for WhoisProtector Services caused by circumstances beyond WhoisProtector’s reasonable control, including, but not limited to, acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). WhoisProtector will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything to the contrary contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any of your obligations for the full and timely payment of Fees and other moneys due hereunder.

19. WAIVER, MODIFICATION, AND AMENDMENT

Any waiver, modification, or amendment of any provision of this Agreement, the Order Form, or other agreements for WhoisProtector Services, which is initiated by you, will be valid only if accepted by WhoisProtector in express writing signed by an authorized representative of WhoisProtector with proper signing authority in the circumstances.

20. INDEPENDENT CONTRACTORS

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between the Parties. Each Party will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other Party, except as may be expressly provided herein.

21. CONSTRUCTION AND INTERPRETATION

Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement.

22. COMPLETE AGREEMENT AND EXCLUSIVITY

This Agreement, including and in addition to the recitals contained in this Agreement, the Order Form, WhoisProtector policies, and any other agreement for WhoisProtector Services, constitutes the complete understanding and agreement between you and WhoisProtector regarding the subject matter of this Agreement. Except when expressly agreed to the contrary in signed writing by an authorized representative of WhoisProtector, this Agreement supersedes any other agreement whether written, oral, by conduct, or otherwise. This Agreement is exclusively between WhoisProtector and you, and this Agreement will not confer any rights in any third party except as otherwise expressly provided in this Agreement.

23. INDEPENDENT LEGAL ADVICE

You represent and warrant that you have read this Agreement thoroughly, have had sufficient opportunity to seek independent legal counsel or have waived such opportunity, and therefore clearly understand and agree to all the terms and conditions contained in this Agreement.