The following terms and conditions will apply if you subscribe to the Basic or Premium WHOIS Privacy Service:
1. BASIC WHOIS PRIVACY
1.1 Subscribers to the Basic WHOIS Privacy Service have elected to include the following information in the publicly available WHOIS Registry:
a) The Asporea Hosting primary account holder’s name shall appear as the Registrant and all Contacts name(s) unless otherwise changed;
b) The Asporea Hosting account holder’s postal address shall appear as the Registrant and all Contacts address(s) unless otherwise changed;
c) A Asporea Hosting assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s);
d) The primary and secondary nameservers shall be those designated by the Registrant;
e) The original date of registration and the expiration of each domain name;
f) TPP Wholesale will be identified as the registrar of record.
1.2 You understand and agree that the contact information for your Asporea Hosting account will be kept on file and used when required to contact you regarding the domain name.
2. PREMIUM WHOIS PRIVACY
2.1 Subscribers to the Premium WHOIS Privacy Service have elected to include the following information in the publicly available WHOIS Registry:
a) privatewhois.com.au shall appear as the Registrant and Contacts name(s);
b) A Asporea Hosting postal address and a Asporea Hosting assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s);
c) The primary and secondary nameservers shall be those designated by the Registrant;
d) The original date of registration and the expiration of each domain name;
e) TPP Wholesale will be identified as the registrar of record.
2.2 You understand that this service will incur an annual fee as specified on our website.
2.3 You understand and agree that the contact information for your Asporea Hosting account will be kept on file and used when required to contact you regarding the domain name.
3. ALL WHOIS PRIVACY SUBSCRIBERS
3.1 You agree and warrant that you will ensure that your Asporea Hosting account contact information is true, accurate and up to date.
3.2 You will retain complete control over the domain name and its registration records and may suspend and reinstate the WHOIS Privacy Service at your discretion.
3.3 The WHOIS Privacy Service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. Asporea Hosting may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
3.4 The WHOIS Privacy Service may be used with both new and existing domain name registrations. You may use the WHOIS Privacy Service with respect to a domain name that has been transferred but it will only commence after the transfer has been completed. If you wish to transfer the domain name to a different registrar, the WHOIS Privacy Service must be disabled in order to initiate the transfer.
3.5 We will send all obligatory renewal and transfer related messages to the Contacts you have designated.
4. COMMUNICATIONS FORWARDING
4.1 Communications received with respect to a particular domain name registration will be handled as follows:
4.2 We will forward all correspondence received by registered mail or traceable courier at a cost of $10.00AUD per letter charged to your account. This information will be opened, scanned and emailed or posted to you or your Contact. Regular postal mail will be returned to sender or discarded at our discretion.
4.3 Email correspondence will be forwarded to the primary Asporea Hosting account holder. These emails will pass through our spam filter and not all mail may be received.
4.4 A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the Asporea Hosting supplied email address in your WHOIS information.
4.5 We will only be responsible for forwarding communications where our details have appeared in the WHOIS and when your WHOIS Information is accurate, complete and up to date.
5. RIGHT TO SUSPEND AND DISABLE
5.1 We have the right, at our sole discretion and without liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact WHOIS Information in certain circumstances, including but not limited to the following:
a) when required by law;
b) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law;
c) to comply with a legal process served upon Asporea Hosting;
d) to resolve any and all third party claims including but not limited to TPP Wholesale, ICANN’s or a Registry’s dispute resolution policy;
e) to avoid financial loss or legal liability;
f) if we believe that you or one of your Contacts is using the WHOIS Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities;
g) to transmit SPAM, viruses, worms or other harmful computer programs
5.2 You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable the WHOIS Privacy Service without notice pending final disposition of the matter.
6. PAYMENT TERMS AND CONDITIONS
6.1 You agree that the term of the WHOIS Privacy registration will run in conjunction with the term of any requested domain that the Client wishes to register or any pre-existing domain that the client wishes to renew, as Clients will not be refunded for any period where the WHOIS Privacy is dormant.
