7. RESERVATION OF RIGHTS

WhoisGuard reserves the right to limit or refuse users access to the Site or any Service. WhoisGuard reserves the right to change the requirements for accessing the Site and the Services at any time and for any reason at its sole discretion, including changes to membership fees or other fees for Services. WhoisGuard reserves the right to alter, suspend, or discontinue the Site or any of the Services at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. WhoisGuard may at any time block your access to the Site if:



You have breached any provision of the TOS (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the TOS);

WhoisGuard is required to do so by Law (for example, where the provision of the Site, Services or Content to you is, or becomes, unlawful);

The provision of the Site or Services to you by WhoisGuard is, in WhoisGuard's opinion, no longer commercially viable; or

WhoisGuard has elected to discontinue the Site or Services (or any part thereof).

WhoisGuard shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.

You will retain the right to sell, transfer, or assign each Protected Domain. You will retain the right to control and set the DNS settings for the Protected Domain(s). You will retain the right to renew each Protected Domain name registration upon expiration (subject to WhoisGuard's applicable rules and policies). You will remain responsible for resolving any and all monetary or other legal claims that arise in connection with your Protected Domain(s), subject to the remaining provisions of this TOS, and any other agreement you may have with any other service provider.



8. THIRD PARTY WEB SITES

The Site may provide links to third-party websites, which are not under the control of WhoisGuard. WhoisGuard makes no representations about third-party web sites. WhoisGuard is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites. WhoisGuard provides these links merely as a convenience. The inclusion of such links does not imply that WhoisGuard endorses, recommends, or accepts any responsibility for the content of such sites. WhoisGuard shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of a third-party web site or any information or materials received from a third-party web site.





9. TERM AND TERMINATION

You remain bound by these terms and conditions until and unless the TOS is properly terminated. You may terminate the TOS provided that you have no outstanding payment or other obligations due to WhoisGuard. WhoisGuard may terminate the TOS and/or your access to the Site or any Services at any time, with or without cause or notice, and without liability. Notwithstanding termination of the TOS by you or by WhoisGuard, the provisions in this TOS shall remain in full force and effect. Upon termination, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in or through the Site, and WhoisGuard is under no obligation to maintain any such data or information.

You understand that the term of the Services administered by WhoisGuard begins on the date your attempt to purchase the Services is accepted by WhoisGuard and that it shall run for the unit of time which you order (Term). You understand that the Term may be different than the registration term of the Protected Domain which is associated with WhoisGuard. If a Protected Domain registration expires and is deleted before the end of the Term of the associated Services, then the Services associated with the domain will end when the Protected Domain is deleted, and you understand that there will be no refund for any resulting unused portion of the Term. If the Term ends while the registration term for the Protected Domain is still ongoing, then the Services will no longer be provided, the personal information specified in this TOS shall be listed in the public WHOIS Directory output for the (then former) Protected Domain, and the communications forwarding services specified in this TOS will no longer be provided.

Notwithstanding your purchase of the Services administered by WhoisGuard, WhoisGuard reserves the right in its sole judgment and discretion to disclose your personal protected information, or instruct WhoisGuard to disclose such information, in the event any of the following occur:



If the Protected Domain(s) is (are) alleged to violate or infringe a third partys trademark, trade name, copyright interests or other legal rights of third parties;

If you breach any provision of this TOS;

If you breach any provision of the Agreements incorporated herein by reference;

If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;

If WhoisGuard is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of your use of the WHOIS Privacy Services or a Protected Domain;

If necessary to comply with ICANNs Dispute Resolution Policy or other policies promulgated by ICANN;

If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of WhoisGuard or its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;

If necessary to protect the integrity and stability of the applicable domain name registry; or

If it comes to Backend Service Providers attention that you are alleged to be using the WHOIS Privacy Services administered by WhoisGuard for purposes of engaging in, participating in, sponsoring or hiding your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise:

Appeal primarily to prurient interests;

Defame, embarrass, harm, abuse, threaten, or harass;

Violate state or federal laws of the United States and/or foreign territories;

Involve hate crimes, terrorism or child pornography;

Are tortious, vulgar, obscene, invasive of a third partys privacy, race, ethnicity, or are otherwise objectionable;

Impersonate the identity of a third party;

Harm minors in any way; or

Relate to or transmit viruses, trojan horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.

In the event WhoisGuard decides to take any of the actions set forth above or in the event you elect to cancel the Services administered by WhoisGuard for any reason, WhoisGuard shall not be liable for fees paid by you for the Services administered by WhoisGuard.