Legal





    Terms & Conditions

    1. Introduction
      1. WhoisTrustee.com Limited ("WHOISTRUSTEE") protects the privacy of domain name registrants by providing privacy registration services ("Services") for new and existing domain name registrations, if the registrant owner ("Subscriber") of a domain name ("Registered Name") elects to use the identity of WHOISTRUSTEE for the public WHOIS data, through any cooperating registration service provider ("Registrar").
      2. This Agreement governs the terms and conditions upon which the Services are provided to Subscribers.
      3. Subscribers using the WHOISTRUSTEE Service, acknowledge that they have read, understood, and agree to be bound by the terms and conditions of this Agreement (as amended from time to time) as well as any other policies listed on the Website.
      4. WHOISTRUSTEE may amend the Terms and Conditions contained in this Agreement from time to time. If WHOISTRUSTEE decides to change the Terms and Conditions, it will inform Subscribers through the WHOISTRUSTEE service and/or by other means, such as by posting the complete new agreement with the last date of change at the WHOISTRUSTEE Website (www.whoistrustee.com/legal). The continued use of the Services 30 days following any changes to this Policy will be deemed to constitute consent to such changes. The operative and effective version of this Policy will be the latest version available on the Website.
    2. Service Description
      1. When a Subscriber uses the WHOISTRUSTEE service, each Registered Name that the Subscriber designates will be registered with the identity of WHOISTRUSTEE as the registrant. The public information provided by the Subscriber will be replaced with an anonymous proxy identity in order to ensure confidentiality of the Subscriber's personal data. WHOISTRUSTEE's name, postal address, telephone number and anonymous proxy e-mail address for any or all contacts for a Registered Name will be publicly available when using this service.
      2. Before April 1st, 2017 WHOISTRUSTEE also offered WHOISTRUSTEE Lite as a further type of the Service. Subscriber of WHOISTRUSTEE Lite will have WHOISTRUSTEE's name, postal address, and telephone number for any or all contacts for a Registered Name publicly displayed as WHOIS data. WHOISTRUSTEE lite is not available for subscriptions after 1st April, 2017.
      3. WHOISTRUSTEE solely offers the described service. WHOISTRUSTEE does not own or control Registered Names under the Service.
      4. Subscribers acknowledge and agree that WHOISTRUSTEE may in its sole and absolute discretion, suspend, cancel, or modify the Services or use of the Services at any time in accordance with clause 5 of this Agreement, without notice.
      5. Subscribers acknowledge that the Service is offered through the cooperative Registrar and contingents on the continued relationship between Subscriber and Registrar. Therefore, any Registered Name using Services are bound to the cooperative Registrar and might get locked (clientTransferProhibited status). Subscribers can unlock a Registered Name by cancelling or disabling the Services.
      6. The Currency for WHOISTRUSTEE pricing is USD. The Price for the WHOISTRTUSTEE Service is 35 Cent per domain/month and for WHOISTRUSTEE Lite Service 18 Cent per domain/month
    3. Warranties and Obligations of the Subscriber
      1. Subscribers are obliged to provide accurate, truthful, complete and reliable contact details upon registration of a Registered Name through a cooperating Registrar.
      2. Subscribers warrant the accuracy of the information they provide, including:
        1. aa. full name, postal address, e-mail address, voice telephone number, and fax number (if available); the name of the authorized person for contact purposes in case the Subscriber is an organization, association, or corporation for the registrant, admin, billing and technical contacts for a Registered Name;
        2. bb. the names of the primary and secondary nameservers for the Registered Name;

      3. Subscribers agree to correct and update their contact details during the term of a subscription of the Services for a Registered Name within 3 calendar days after the change of the respective information.
      4. Subscribers providing inaccurate or unreliable information or failing to promptly update information with their cooperating Registrar shall constitute a material breach of this Agreement and is a basis for termination of this Agreement.
      5. Subscribers are required to reply within five (5) calendar days to any correspondence from their cooperating Registrar or WHOISTRUSTEE regarding the use of the Services, in particular to any inquiries regarding the validation of their personal information.
      6. Subscribers acknowledge that WHOISTRUSTEE has the right to terminate the Services immediately if Subscribers do not respond to the communication within the five (5) calendar days.
      7. Subscribers warrant that no third party rights, in particular intellectual property rights and copyrights, are infringed by the use of a Registered Name as well as any content used in conjunction. Furthermore, Subscribers warrant that a Registered Name will not be used for unlawful activity, such as transmission of unsolicited commercial mails or phishing.
      8. Subscribers agree to immediately provide government-issued identification for identity verification purposes if requested by their cooperating Registrar or WHOISTRUSTEE.
      9. Subscribers agree to comply at all times with the rules and policies adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") including the Uniform Domain Name Dispute Resolution Policy ("UDRP") and the terms, conditions and policies (see: www.icann.org).
    4. Rights of Subscribers
      1. In accordance with clause 5 of this Agreement, Subscribers retain the benefits attributed to a registrant of a Registered Name, including the right to sell, transfer or assign the Registered Name, the right to renew or cancel and the right to designate the primary and secondary name servers according to the applicable policies.
      2. Subscribers retain full control and ownership over and remain the legally responsible owner of the Registered Name including maintaining full liability for the registration and use of a Registered Name and agree to release, defend, indemnify and hold harmless WHOISTRUSTEE, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees, as well as, the respective Registrar from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the domain registration itself, the Services provided and/or the Subscriber's use of the Registered Name.
      3. Subscribers may choose to cancel their subscription of the Services and immediately display their data elements publicly. The personal information that is provided pursuant to clause 3 will then be used in the publicly available WHOIS.
    5. Rights of WHOISTRUSTEE
      1. WHOISTRUSTEE has the right to disclose the identity and other Personal Information, as well as, terminate or suspend Service at any time without prior notice and without any liability to Subscribers for the following reasons, but are not limited to:
      2. failure to pay for the Service on time; 5.3. required by law enforcement, government, or court ruling, requirement, regulation, or order;
      3. required by any of ICANN's standards, policies, procedures or practices, including the UDRP;
      4. required by ccTLD registry standards, policies, procedures or practices, including the respective registry's Dispute resolution policy;
      5. to comply with any legal process served upon WHOISTRUSTEE ;
      6. receipt of a legal complaint regarding the use, content or registration of a Registered Name;
      7. receipt of a formal request from an alternative dispute service provider;
      8. deletion of a Registered Name;
      9. necessity to disclosure in order to further determine an allegation of breaching a law;
      10. to avoid any financial loss or legal liability (whether civil or criminal) on the part of WHOISTRUSTEE or any of its related companies and their directors, officers and employees from any and all third party claims
      11. receipt of allegation that the Registration
        • aa. is involved with child pornography, terrorism and hate crimes
        • bb. is been used illegal or morally objectionable engaged with transmitting SPAM, viruses, worms, codes, mechanism or technical programs that impair, disrupt or damage any network, stored (personal) information or machine readable instruction, such as software, firmware and hardware.
        • cc. relates to obscene, racially, tortious, abusive, threatening, harassing, defamatory, vulgar, ethnically or otherwise objectionable activity
        • dd. is involved with illegal, illicit or harmful activities;
        • ee. violates or infringes upon the legal rights of a third party, or any third-party trademark or trade name;
        • ff. impersonates the identity of a third party
      12. WHOISTRUSTEE may resolve any and all third party claims, whether threatened or made, arising out of the registration or the use of the Registered Name. The suspension or termination of the Service for any reason will immediately disclose the Subscribers registrant information pursuant to clause 3 of this Agreement.
    6. Forwarding Communications
      1. Subscribers agree and authorize WHOISTRUSTEE to receive, read, or listen to all communications intended for the registrant, admin-, billing-, technical. contact of a Registered Name under subscription of the Services.
      2. Subscribers hereby authorize WHOISTRUSTEE to reasonably determine and delete (without forwarding to the Subscriber) those emails that are unsolicited or spam in nature understanding that WHOISTRUSTEE is not obliged to take any measures against unsolicited or spam emails.
      3. WHOISTRUSTEE is further not obligated to contact the Subscriber via alternative methods should a Subscriber's contact email addresses become non.functional.
      4. Subscribers agree to waive any and all claims arising from the failure to receive communications directed at a Registered Name under subscription of Service.
      5. Subscribers to WHOISTRUSTEE are provided an anonymous proxy e-mail address for the Registered Name. Those Subscribers using WHOISTRUSTEE will have incoming emails automatically forwarded to the registrant email addresses on record at escrow (does not apply for Subscribers using WHOISTRUSTEE Lite Services since email addresses under the WHOISTRUSTEE Lite Service does not use WHOISTRUSTEE's email address). In the event of transmission errors WHOISTRUSTEE is not obliged to contact Subscribers through other means.
      6. The Services shall not be used for general mail forwarding. Subscriber must ensure that third parties won't actively be provided with the WHOISTRUSTEE email address in order to use the WHOISTRUSTEE Service for Subscriber's own business related communication. Third parties may receive the WHOISTRUSTEE address by their own initiative from the WHOIS.
    7. Renewals

        Renewing the Services for a Registered Name is the responsibility of the Subscriber, which must be processed through their cooperating Registrar. Upon renewal of the Services for a Registered Name, this Agreement and all the terms and conditions also renew for a new term.

    8. No Warranty

      To the fullest extent permitted by law, WHOISTRUSTEE disclaims all warranties, whether express or implied, regarding the Services, including but not limited to merchantability and fitness for purpose. The User understands, acknowledges, and agrees that the User will use the Services, and all aspects thereto at the User’s sole risk.

    9. Limitation of Liability

      To the greatest extent permitted by law, WHOISTRUSTEE and its related companies and their directors, officers, employees and agents, shall have no responsibility and shall not be liable to the Subscriber for any and all direct, indirect, incidental, special, exemplary, or consequential loss or damage, such as loss of profits, data, revenue, business or reputation, whether caused by breach of contract, breach of statutory duty, tort (including but not limited to negligence, conversion or trespass to chattels), willful acts or omissions, strict liability, the unauthorized or illegal activity of a third party, or otherwise, that arises out of or in connection with the provision or use of the Services, including (inadvertent) disclosure of identity or other Personal Information; unauthorized use of Subscribers' Registered Name by a third party; unintentional deletion or failure to store, process or forward communication regarding Subscribers' Registered Names. In all other cases the Subscribers agree that the liability of WHOISTRUSTEE shall be limited to the resupply of the Services.

    10. Indemnity

      Subscribers agree to indemnify, keep indemnified and forever hold harmless, WHOISTRUSTEE and its related companies, their directors, officers, employees and agents and cooperating Registrar, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or in connection with the use of the Services or registration or use of the Registered Name.

    11. Term
      1. The term of this Agreement begins with the first day of use of the Service and regularly ends with the time agreed upon.
      2. Either party may terminate this Agreement by giving notice to the other party. The termination will be effective 24 hours after receiving such notice.
      3. Subscriber may also terminate the Agreement through their cooperating Registrar.
      4. This Agreement will automatically terminate if the cooperating Registrar ceases to be the Registrar of a Registered Name.
      5. Subscribers acknowledge that fees for the Services already paid by Subscriber are not refundable in case of cancellation
        • aa. by Subscriber
        • bb. by WHOISTRUSTEE based on clause 3 and clause 5 of this Agreement.
      6. Upon effective termination of this agreement, the WHOISTRUSTEE data will be removed and the Registrant data will be displayed publicly according to the applicable policies.
    12. Privacy
      1. The Subscriber consents that the cooperating Registrars Privacy Policy still applies. Subscriber's contact information will still be used according to this policy. Subscribers further agree that all actual registration information will be maintained, stored and included in a database through their cooperating Registrar and escrowed by a third party provider. In case of gTLDs, Registrant contact information may be accessed by ICANN in the event of termination of this Agreement or if the cooperating Registrar ceases business operations.
      2. The Subscriber consents that WHOISTRUSTEE uses the provided information in order to establish the WHOISTRUSTEE Service for the Subscriber. The Subscriber additionally consents to WHOISTRUSTEE's Privacy Policy. Subscribers may contact WHOISTRUSTEE directly for more information regarding their data.
    13. Survival

      Clauses 3, 8, 9, and 10 shall survive the termination or expiration of this Agreement.

    14. Severability

      The terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall be severed from this Agreement and shall not affect the interpretation or operation of the remaining terms or provisions, which shall remain in full force and effect.

    15. Entire Agreement

      This Agreement constitutes the entire agreement between Subscriber and WHOISTRUSTEE regarding the provision of the Services and supersedes all prior agreements and understandings, whether established by custom, practice, policy, or precedent.

    16. Governing Law

      This Agreement is governed in all respects by and construed in accordance with the laws of Germany, and Subscriber submits to the non-exclusive jurisdiction (without prejudice to other potentially applicable jurisdictions) of the Courts of Germany.

    17. Relationship

      Nothing in this Agreement shall be construed as creating the relationship of agency, partnership or joint venture between WHOISTRUSTEE and Registrars or Subscribers.

    18. Force Majeure

      Neither party will be in default or otherwise liable for any delay or failure in its performance under this Agreement where such delay or failure arises by reason of an Act of God, any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the reasonable control of such party.

    19. Waiver

      Failure by WHOISTRUSTEE to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision and does not affect the right to require any provision to be performed at any time thereafter.

    20. Notices / Support
      1. All notices or inquiries required to be sent under this Agreement shall be sent to WHOISTRUSTEE via e-mail to DomainAdmin@WHOIStrustee.com.
      2. Any notice sent shall be deemed to have been received at the time and date logged by the sender's email server of confirmation of delivery of the email message to the recipient's email server.
      3. WHOISTRUSTEE may submit its notices to Subscribers through their cooperating registar or service provider.
      4. All reported complaints and abuses will be acknowledged through email by our support staff within 24 hours. And the goal is to resolve any single as soon as possible.