Suggested Default Contact Proxy Service & Domain License Agreement
Key Points: ICANN Clarification on Proxy Services and Domain Licensing
1. Proxy Provider Is the Registrant of Record. When Suggested Default Contact is used, Perfect Privacy LLC is the Registered Name Holder and registrant of record. The customer is the P/P Customer, beneficial user, and licensee—not the Registered Name Holder.
2. The Customer Retains Contractual Control of the Domain. Under the license, the customer receives the exclusive contractual right to use and control the domain, configure DNS, renew it, request account changes, and request transfer or conversion to direct registration, subject to applicable policies and procedures.
3. Real Customer Information Must Still Be Provided. Using a Proxy Service does not eliminate registration-data requirements. The customer must provide Trustname with accurate and current underlying contact information, which Trustname retains in its registrar records and includes in Registrar Data Escrow where required.
4. Proxy Privacy Does Not Prevent Lawful Disclosure. The customer's underlying information is not publicly displayed merely because it is collected or escrowed. However, it may be disclosed where required by applicable law, valid legal process, ICANN or registry policy, a binding dispute-resolution process, or other circumstances permitted under the applicable Privacy and Proxy Service procedures.
5. The Customer Can Become the Direct Registrant. The customer may request removal of the Proxy Service and substitution of their own registrant information. Perfect Privacy LLC remains the Registered Name Holder until Trustname confirms that the registration-data change has been completed.
This Suggested Default Contact Proxy Service & Domain License Agreement (the "Proxy Agreement") governs each eligible domain name registered through Fewmoretaps OÜ d/b/a Trustname ("Trustname") for which Perfect Privacy LLC ("Proxy Provider") is designated as the Registered Name Holder. "You" means the Trustname customer receiving use of the domain name as the P/P Customer and licensee.
1. Nature of the Proxy Service
1.1 Perfect Privacy LLC is the Registered Name Holder and registrant of record while this Proxy Agreement is in force. You are the P/P Customer, beneficial user and licensee. You do not become the Registered Name Holder merely by paying for, controlling or using the domain name.
1.2 The Proxy Provider licenses to You, for the applicable registration term and subject to this Proxy Agreement, the exclusive contractual right as between You and the Proxy Provider to use and control the domain name, configure DNS, renew the registration, request account changes and request transfer or conversion to direct registration, subject to applicable law, ICANN policy, registry rules and Trustname procedures.
1.3 The license is personal to You, revocable only in accordance with this Proxy Agreement, and may not be assigned independently of the Trustname account or domain registration without approval under Trustname's applicable procedures.
2. Registration and Registrar Relationship
2.1 Trustname is the sponsoring registrar. Perfect Privacy LLC enters into and remains subject to the applicable registrar-to-registrant agreement with Trustname and applicable ICANN and registry requirements.
2.2 Trustname administers this Proxy Agreement, account controls, registration-data processing, notices, support and compliance workflows on behalf of the service arrangement. Trustname may rely on Your acceptance recorded through the Trustname Account Panel as evidence of Your agreement to this Proxy Agreement.
3. Your Underlying Contact Information
3.1 You must provide Trustname with accurate and current underlying contact information, including Your name or legal entity name, postal address, email address and voice telephone number, together with any other information lawfully required for the registration or verification process.
3.2 You must promptly update Your information after any change and respond to reasonable verification or compliance inquiries within the period stated in the applicable notice. Deliberately false, fictitious, misleading or materially incomplete underlying information may constitute a material breach and may result in restriction, suspension, removal of the Proxy Service or other action permitted by the applicable agreements and policies.
4. Registration Data and Escrow
4.1 You authorize Trustname to retain Your underlying P/P Customer data in its registrar records and to include the data required by ICANN in Registrar Data Escrow deposits. Escrow deposits are not public RDAP/RDDS publication and are handled under the applicable ICANN escrow framework and Trustname Privacy Policy.
4.2 Your underlying data will not be provided to WHOISPPS merely for the operation of the second-layer Privacy Service. WHOISPPS supplies alternative reliable public contact data and relay functionality and does not require Your underlying personal data for that purpose.
5. Responsibility for Use of the Domain
5.1 You are responsible for the manner in which You or persons acting through Your account use the domain name and for compliance with the Trustname Universal Terms of Service, Domain Registration Agreement, applicable Acceptable Use and Abuse policies, ICANN policies, registry requirements and applicable law.
5.2 You represent that, to the best of Your knowledge and belief, registration and use of the domain name do not unlawfully infringe the rights of any third party.
6. Communications and Relay
6.1 Communications directed to privacy/proxy contact mechanisms may be relayed to Trustname and then to the contact information associated with Your account. Neither the Proxy Provider nor Trustname guarantees delivery of unsolicited, bulk, abusive, technically harmful or clearly irrelevant communications.
6.2 You must maintain a functioning contact email with Trustname. Failure to receive a relayed communication because Your account contact data are inaccurate, non-functioning or blocked does not invalidate an otherwise properly issued notice.
7. Disclosure, Reveal and Actionable Harm
7.1 The Proxy Provider may reveal or authorize Trustname to reveal Your identity or contact information when disclosure is required by applicable law, valid legal process, an applicable ICANN or registry policy, a binding dispute-resolution process, or another lawful basis described in the Trustname Privacy Policy and published Privacy & Proxy Service Procedures.
7.2 The Proxy Provider may also reveal Your current identity and contact information to a party that provides reasonable evidence of actionable harm where the Proxy Provider reasonably determines that disclosure is necessary to avoid assuming or continuing liability associated with licensing the Registered Name under the registrar agreement or applicable ICANN requirements. You agree to cooperate promptly with any related inquiry.
7.3 A complaint, allegation, takedown request or intellectual-property notice does not automatically result in disclosure. Requests are reviewed under the published procedures and applicable law, except where a binding obligation requires a different result.
8. Suspension or Termination of Proxy Service
8.1 The Proxy Service may be suspended or terminated where: (a) You request removal; (b) You materially breach this Proxy Agreement or another applicable Trustname agreement; (c) required underlying data cannot be reasonably verified or are materially inaccurate; (d) the service is prohibited for the TLD or registration; (e) a registry, ICANN policy, court, competent authority or applicable law requires a change; (f) continued service would create a material legal, security or operational risk; or (g) the underlying domain registration expires, is transferred, cancelled or otherwise ceases to be sponsored by Trustname.
8.2 Where legally and operationally practicable, Trustname will provide notice and a reasonable opportunity to cure before terminating the Proxy Service, unless immediate action is required by law, policy, a binding order, DNS Abuse mitigation needs, fraud/security risk or another urgent circumstance.
9. Conversion to Direct Registration
9.1 You may request that Perfect Privacy LLC cease acting as Registered Name Holder and that Your own data be substituted. Trustname may require identity and authority verification and may apply any transfer or change-of-registrant restrictions required by ICANN, the registry or applicable law.
9.2 Until Trustname confirms completion of the registration-data change, Perfect Privacy LLC remains the Registered Name Holder.
10. Fees
10.1 The Proxy Service is currently included at US$0 additional charge with eligible Trustname domain registrations unless the checkout page or applicable pricing page expressly states otherwise. Trustname may change pricing prospectively in accordance with its Universal Terms of Service.
11. Indemnification
11.1 To the fullest extent permitted by applicable law, You agree to indemnify and hold harmless Perfect Privacy LLC, Trustname, applicable registry operators and their respective officers, directors, employees, agents and service providers from third-party claims, losses, liabilities and reasonable costs arising from Your unlawful or wrongful use of the domain name, Your breach of this Proxy Agreement, or materially inaccurate information supplied by You, except to the extent caused by the indemnified party's own unlawful conduct or where such limitation is prohibited by law.
12. Governing Law and Mandatory Domain-Name Policies
12.1 This Proxy Agreement is governed by the laws of St. Kitts and Nevis as to the relationship between You and Perfect Privacy LLC, without excluding mandatory rights that applicable law does not permit the parties to waive. Domain-name disputes remain subject to applicable ICANN and registry dispute policies and any jurisdiction provisions required by those policies.
13. Business Contact and Support
Perfect Privacy LLC, ATTN: Chief Privacy Defender, Hamilton Development Unit B, Charlestown, Nevis, St. Kitts & Nevis. Email: [email protected]. Phone: +1 917 967 1610. Customer support for Trustname-managed registrations is provided through the Trustname Help Center. Abuse and infringement reports concerning a protected domain should be submitted through Trustname's published abuse-reporting channel.
14. Entire Agreement and Priority
14.1 This Proxy Agreement supplements the Trustname Universal Terms of Service and Domain Registration Agreement. If there is a conflict about who is the Registered Name Holder while Suggested Default Contact is active, this Proxy Agreement controls: Perfect Privacy LLC is the Registered Name Holder and You are the P/P Customer/licensee.