Last modified on 08.09.2014
Specific Terms and Conditions applicable to the Whois Protection Service provided by the intermediary of EuroDNS S.A.
These Specific Terms and Conditions and the General Terms and Conditions shall be interpreted and applied together as a single instrument (the "Agreement"). To the extent there is a direct conflict between these terms and the General Terms and Conditions, these terms shall prevail. Capitalised terms defined in the General Terms and Conditions shall have the same meaning in the Specific Terms and Conditions.
Within the scope of the Domain Name Service and in accordance with the applicable Registry Policy, EuroDNS may allow the Customer to replace the Customer Details to be published in the Whois database by the details of a EuroDNS partner (the "Protection Agent")
When the Whois Protection Service is activated for a Domain Name, the first name, last name, address and phone number of the Customer are replaced in the Whois database by those of the Protection Agent, and the Customer email address by an address specifically created by the Protection Agent for the Customer.
As part of the Service, the Protection Agent will provide the Customer with a unique email address via which any email received will be automatically forwarded to the Customer email address.
Postal mails sent for the Customer to the address of the Protection Agent will only be scanned and sent to the Customer email address in cases where the Protector will, at its sole discretion, deem those mails important (such as cease and desist letter, subpoena...).
The Customer understands and agrees that the Whois Protection Service has the sole purpose of allowing them to protect themself against the receiving of unwanted commercial proposals the publishing of the Customer's Details in a public database would incur.
The Customer expressly acknowledges that the Whois Protection Service is neither a domiciliation nor a mail forwarding service.
The Customer understands and accepts that the Whois Protection Service is provided without any guarantee of any kind, expressed or implied and in particular regarding the well functioning of the email and postal mail forwarding or its future compliance with the Registry Policy. The Customer understands that they remain free at all times to publish their own details in the Whois database for the Domain Name.
The Customer understands and accepts that the Whois Protection Service may only be provided for domain names registered with EuroDNS. The Customer consequently accepts that in order to be allowed to transfer a domain name using this Service to another Registrar, the Customer must appoint their own details beforehand.
EuroDNS retains the right to modify those limitations at any time and further to forbid certain types of use of the Whois Protection Service.
Neither EuroDNS, nor the Protection Agent will be held responsible in cases where the Service would not meet the Registry registration requirements and would have to be terminated.
The Customer commits not to use the Whois Protection Service for any illicit or fraudulent purposes and more generally, in any way breach the principles set forth by article 10 of the General Terms and Conditions.
The Customer understands that any improper use of the Whois Protection Service may result in the immediate, and without prior notice, deletion of the Domain Name by EuroDNS and/or the Protection Agent, as well as the complete suspension of the Customer Account if EuroDNS deems it necessary.
The Customer accepts that neither EuroDNS nor the Protection Agent can be held liable for the use of the Service made by the Customer.
The Customer commits to hold harmless EuroDNS and the Protection Agent against any claim and/or suit from any third party based on or arising from the Customer's use of the Service. This guarantee includes among others that the Customer will fully indemnify EuroDNS and/or the Protection Agent for any direct or indirect damages such as but not limited to, all administrative, judiciary or extra judiciary costs incurred for EuroDNS and/or the Provider by the Customer's use of the Service.
The Customer understands and agrees that unless otherwise provided, all fees applicable to the Whois Protection Service are non-refundable. Notwithstanding the foregoing, the Customer having the legal status of consumer pursuant to the Luxembourgish consumer code is entitled to benefit from the statutory fourteen (14) day period of withdrawal set forth by article L.222-5 of this code.
The Customer further acknowledges that the early termination of the Whois Protection Service does not entail the refunding of any monies paid to EuroDNS nor does it release the Customer from their obligation to pay all fees applicable to the Service they have ordered.
Without regards to the use of the Whois Protection Service and in accordance with article 9 of the Specific Terms applicable to the Domain Name Service, EuroDNS may have to disclose the Customer's Details to the Provider as well as the escrow service provider.
8.1. The Customer may request the termination of the Whois Protection Service at any time. Such termination will be operated after a period of one (1) month following the receipt by EuroDNS of a written request sent by registered mail to the address specified in article 1 of the General Terms and Conditions.
8.2. The Customer accepts that in certain circumstances, EuroDNS will be entitled to terminate the provision of the Whois Protection Service without prior notice, thus disclosing the Customer's Details to the public. Circumstances where such termination may happen, without it being deemed a default of EuroDNS towards its contractual or legal obligations, include but are not limited to:
8.3. The Customer expressly agrees that no refund shall be granted in the case of termination of the Whois Protection Service and/or the whole Agreement.