Privacy Registrant, Designated Agent and Change of Registrant Terms
1. Definitions
Applicable Privacy Registrant means either Perfect Privacy LLC or WHOIS Privacy Protection Service LLC, whichever entity is identified in the applicable registration record as the Registered Name Holder for a Domain Name at the relevant time.
Prior Privacy Registrant means the Applicable Privacy Registrant identified as the Registered Name Holder immediately before a proposed Change of Registrant.
New Privacy Registrant means the Applicable Privacy Registrant identified, or proposed to be identified, as the Registered Name Holder immediately after a proposed Change of Registrant.
Where the same legal entity remains the Registered Name Holder but a change to its name, organization, email address, or other registration data constitutes a Change of Registrant under the ICANN Transfer Policy, that entity shall be treated, to the extent required by the Transfer Policy, in both its Prior Registrant and New Registrant capacities.
Privacy Registrants means Perfect Privacy LLC and WHOIS Privacy Protection Service LLC collectively.
Change of Registrant or COR has the meaning assigned under the ICANN Transfer Policy and includes any Material Change to Registered Name Holder data that is required to be processed as a Change of Registrant.
2. Variable Privacy Registrant Configuration
The parties acknowledge and agree that Trustname's privacy and proxy configuration may use either Perfect Privacy LLC or WHOIS Privacy Protection Service LLC as the Registered Name Holder for an eligible Domain Name.
The Applicable Privacy Registrant may vary by Domain Name and may change during the registration lifecycle in accordance with this Agreement, the applicable registration agreement, the customer's proxy or privacy agreement, ICANN requirements, Registry requirements, and applicable law.
Accordingly, an eligible registration may involve, without limitation:
Perfect Privacy LLC being replaced as Registered Name Holder by WHOIS Privacy Protection Service LLC
WHOIS Privacy Protection Service LLC being replaced as Registered Name Holder by Perfect Privacy LLC
Perfect Privacy LLC remaining Registered Name Holder while its registrant email address or other material registration data changes
WHOIS Privacy Protection Service LLC remaining Registered Name Holder while its registrant email address or other material registration data changes
Where any such modification constitutes a Change of Registrant under the ICANN Transfer Policy, Trustname shall process it as a Change of Registrant.
3. Appointment of Trustname as Designated Agent
Each Privacy Registrant hereby expressly appoints and authorizes Fewmoretaps OÜ d/b/a Trustname to act as its Designated Agent, as that term is defined in the ICANN Transfer Policy, for the limited purpose of reviewing, approving and confirming eligible Changes of Registrant involving Domain Names sponsored or administered by Trustname.
This authorization applies independently whenever the applicable Privacy Registrant acts as:
(a) the Prior Registrant
(b) the New Registrant
(c) both the Prior Registrant and New Registrant where the same legal entity remains Registered Name Holder but a Material Change to its registration data constitutes a Change of Registrant
The Designated Agent authority expressly includes eligible Changes of Registrant involving:
(a) substitution of Perfect Privacy LLC with WHOIS Privacy Protection Service LLC
(b) substitution of WHOIS Privacy Protection Service LLC with Perfect Privacy LLC
(c) a Material Change to the registrant email address associated with Perfect Privacy LLC
(d) a Material Change to the registrant email address associated with WHOIS Privacy Protection Service LLC
(e) another Material Change to the applicable Privacy Registrant's name, organization, email address or other registration data where that change is treated as a Change of Registrant under the ICANN Transfer Policy
This appointment authorizes Trustname to act as Designated Agent. It does not eliminate any transaction-level confirmation, notice, eligibility, recordkeeping or other requirement imposed by the ICANN Transfer Policy.
4. Transaction-Level Explicit Consent
For every Change of Registrant, Trustname, acting as Designated Agent, shall expressly approve and consent to the specific Change of Registrant on behalf of the Prior Registrant and separately expressly approve and consent to the specific Change of Registrant on behalf of the New Registrant.
Such approval shall occur through Trustname's controlled Change of Registrant authorization workflow before the Change of Registrant is completed.
Each authorization record shall identify at minimum:
The Domain Name
The Prior Registrant
The Prior Registrant email address and other materially affected registration data
The New Registrant
The New Registrant email address and other materially affected registration data
The data being changed
The basis upon which the Change of Registrant was initiated
The Designated Agent authority relied upon
The date and time of the Prior Registrant Designated Agent confirmation
The date and time of the New Registrant Designated Agent confirmation
The applicable registration agreement
The status of any applicable sixty-day transfer-lock opt-out
The date and time the Change of Registrant was completed
Where the Prior Registrant and New Registrant are the same Privacy Registrant, the system shall nevertheless record separate explicit confirmation in the entity's Prior Registrant capacity and New Registrant capacity.
A customer Account login, password authentication, account push, contact modification, or other customer action may constitute evidence of the instruction giving rise to the requested transaction but shall not, by itself, replace the Designated Agent confirmations required by this Section.
5. Secure Confirmation Mechanism
Designated Agent confirmations shall be recorded through a secure, access-controlled mechanism maintained by Trustname and designed to provide verifiable evidence that the Designated Agent expressly approved the specific Change of Registrant.
The authorization mechanism shall create a persistent transaction record capable of being associated with the applicable Domain Name and COR event and shall record the identity or system authority performing the Designated Agent confirmation, the confirmation capacity, and the date and time of confirmation.
Trustname shall preserve such records in accordance with its applicable ICANN record-retention obligations.
6. New Registrant Registration Agreement
Each Privacy Registrant agrees that whenever it becomes the New Registrant for a Domain Name administered by Trustname, it enters into and agrees to be bound by the applicable Trustname Domain Registration Agreement and all mandatory ICANN and Registry policies applicable to that registration.
As part of each Change of Registrant confirmation workflow, the New Registrant or its Designated Agent shall be informed that the New Registrant is required to enter into the applicable registration agreement.
Trustname's transaction record shall reflect that this information was provided before confirmation of the Change of Registrant.
7. Standing Advance Opt-Out from Post-COR Transfer Lock
To the extent permitted by the ICANN Transfer Policy, each Privacy Registrant hereby affirmatively and expressly elects, in advance of any future Change of Registrant request, to opt out of the sixty-day inter-registrar transfer lock that would otherwise apply following a Change of Registrant.
This standing election applies whenever Perfect Privacy LLC or WHOIS Privacy Protection Service LLC is the Prior Registrant and remains effective until prospectively withdrawn in writing.
A withdrawal shall affect only Change of Registrant requests initiated after the withdrawal becomes effective and shall not alter the status of any Change of Registrant previously initiated or completed.
Trustname shall maintain evidence of each Privacy Registrant's standing advance opt-out election and shall associate the applicable election with the relevant COR transaction record.
8. Customer Instructions
Where a Domain Name is licensed to or managed for a P/P Customer, the P/P Customer may submit an authenticated instruction requesting a permitted change to the privacy or proxy configuration, including a change that may result in a Change of Registrant.
The P/P Customer's instruction authorizes Trustname to initiate the applicable workflow in accordance with the customer's agreements with Trustname and the applicable Privacy Registrant.
The customer's instruction does not itself constitute the explicit consent of Perfect Privacy LLC or WHOIS Privacy Protection Service LLC as Prior Registrant or New Registrant.
The required Registered Name Holder confirmations are provided separately pursuant to the Designated Agent authority and transaction-level authorization procedure established by this Agreement.
9. Change of Registrant Notices
Trustname shall provide all Change of Registrant notifications required by the applicable ICANN Transfer Policy to both the Prior Registrant and New Registrant before or within the applicable period following completion of the Change of Registrant.
Where the same Privacy Registrant is both the Prior Registrant and New Registrant, the required notifications shall nevertheless be generated in both capacities and shall be directed to the applicable pre-change and post-change contact points where appropriate.
The notifications shall identify the Domain Name and the Change of Registrant, provide appropriate contact information for questions, and state whether the applicable post-COR inter-registrar transfer lock applies or whether the Prior Registrant previously opted out of that lock.
10. Priority and Compliance
Nothing in this Agreement is intended to waive or replace a mandatory requirement of the ICANN Transfer Policy, Registrar Accreditation Agreement, Registry agreement, applicable Registry policy, or applicable law.
If an Applicable Policy imposes a requirement different from or additional to this Agreement, Trustname shall follow the Applicable Policy.
This Agreement establishes the authority and procedure under which Perfect Privacy LLC and WHOIS Privacy Protection Service LLC may act as Prior Registrant or New Registrant and under which Trustname may act as their Designated Agent for eligible Changes of Registrant.