Domains By Proxy® Privacy Policy

DOMAINS BY PROXY®, INC.

PRIVACY POLICY

DOMAINS BY PROXY, INC. (“DBP”) HAS CREATED THIS PRIVACY POLICY IN ORDER TO DEMONSTRATE OUR RESPECT FOR, AND COMMITMENT TO PRESERVING, THE PRIVACY OF OUR SUBSCRIBERS. THIS PRIVACY POLICY DISCLOSES THE PRIVACY PRACTICES FOR OUR SERVICES AND WEBSITE, WWW.DOMAINSBYPROXY.COM, AND IS INCORPORATED INTO AND MADE A PART OF DOMAINS BY PROXY®’S DOMAIN NAME PROXY AGREEMENT (“PROXY AGREEMENT”). BY USING THE SERVICES AND/OR WEBSITE OF DOMAINS BY PROXY®, YOU EXPRESSLY CONSENT TO OUR USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION UNDER THE TERMS AND CONDITIONS SET FORTH HEREIN.

YOU ACKNOWLEDGE THAT DOMAINS BY PROXY® MAY MATERIALLY AMEND THIS PRIVACY POLICY AT ANY TIME UPON POSTING THE AMENDED TERMS ON ITS WEBSITE AT LEAST THIRTY (30) DAYS PRIOR TO THEIR IMPLEMENTATION. WE MAY ALSO NOTIFY YOU DIRECTLY VIA EMAIL OF ANY MATERIAL CHANGES. MINOR CHANGES TO THE PRIVACY POLICY WILL IMMEDIATELY BE EFFECTIVE UPON REPOSTING OF THE PRIVACY POLICY ON THE DOMAINS BY PROXY® WEBSITE WITH A NEW EFFECTIVE DATE. IF YOU DO NOT AGREE TO BE BOUND BY, OR IF YOU OBJECT TO, THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND ANY AMENDMENTS HERETO, DO NOT USE OR ACCESS OUR SERVICES. CONTINUED USE OF DOMAINS BY PROXY’S SERVICES AND ITS WEBSITE AFTER ANY SUCH MINOR CHANGES TO THE PRIVACY POLICY HAVE BEEN IMPLEMENTED, CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.

WHAT INFORMATION DOES DOMAINS BY PROXY® COLLECT?

For each domain name for which DOMAINS BY PROXY® becomes the Registrant on Your behalf, DOMAINS BY PROXY® will collect from You, and maintain, the following personally identifiable information, which you are obligated to keep current and accurate at all times:

· Your name and postal address;

· The email address, postal address, phone and fax numbers for the domain name’s technical contact;

· The email address, postal address, phone and fax numbers for the domain name’s administrative contact;

· The email address, postal address, phone and fax numbers for the domain name’s billing contact;

· The primary and secondary domain name servers to which each domain name points;

· The domain name’s original date of registration and expiration date; and

· Your billing and shipping information, including credit card company, credit card number, expiration date, billing and shipping addresses

In addition to Your personally identifiable information, we gather information about You from our site statistics (for example, the website (or URL) that You just came from, which part of our website You visit next, the browser You are using and Your IP address). We use this information to help diagnose problems with our servers and to administer and improve our website on an on-going basis. This information is not linked to any personally identifiable information.

And, should You or third parties correspond with DOMAINS BY PROXY® via email, certified, registered, traceable courier or first class U.S. mail regarding Your account, Your domain name, or Your domain name’s activities, DOMAINS BY PROXY® may read, collect and file all such correspondence and any related information.

HOW DOES DOMAINS BY PROXY® USE THE INFORMATION IT COLLECTS?

DOMAINS BY PROXY uses Your personally identifiable information in order to: (i) provide and bill You for the services it provides; (ii) resolve problems You may be having with DOMAINS BY PROXY®’s services or its website; (iii) enforce our Proxy Agreement, Privacy Policy and Anti-Spam Policy; (iv) contact You (via email, phone, fax or mail) regarding Your DOMAINS BY PROXY® account, administrative notifications, updates, and other pertinent communications; and (vi) send information that You have requested.

DOES DOMAINS BY PROXY® USE COOKIES?

In general, “Cookies” are small data collection devices or text files placed on a user’s hard drive everytime the user contacts a particular website. Cookies identify a user’s computer’s browser upon entering a website and then track the user’s movement through the website. Cookies are used for a variety of purposes, including but not limited to, recognizing repeat visitors, facilitating visitors’ access and use of the site, and analyzing site usage. Most, but not all cookies, are “session cookies,” which means they are deleted from the user’s hard drive at the end of a session. There are also “persistent cookies” which are small text files stored on the user’s hard drive for an extended period of time.

DOMAINS BY PROXY uses both “session cookies” AND “persistent cookies”. We use persistent cookies to: (i) track the success of our affiliated-Registrars; (ii) manage and personalize our website’s content for our affiliated-Registrar’s customers and potential customers. Your web browser may give You the capability of limiting or preventing the use of cookies altogether. If You elect to eliminate the use of cookies altogether, it is possible that certain aspects of DOMAINS BY PROXY®’s website may not function properly. You may also encounter “cookies” when You visit a website to which DOMAINS BY PROXY® has provided a link. DOMAINS BY PROXY® does not control the use of cookies by any third parties.

WILL DOMAINS BY PROXY® SELL MY PERSONAL INFORMATION?

DOMAINS BY PROXY® does not rent, trade or sell our customer information to third parties --- nor do we intend to do so in the future.

WILL DOMAINS BY PROXY® DISCLOSE MY PERSONALLY IDENTIFIABLE INFORMATION TO ANY THIRD PARTIES?

You understand that You may only purchase DOMAINS BY PROXY®’s services from a DOMAINS BY PROXY®-affiliated Registrar. You hereby grant permission to DOMAINS BY PROXY® and its affiliated Registrars to share with each other Your personally identifiable information in order for both DOMAINS BY PROXY® and Your DOMAINS BY PROXY®-affiliated Registrar to provide the respective services to which you have subscribed. You further understand and agree that in order to bill You for our goods and services, we need to disclose Your personal information with credit card processing companies. When we receive certified or traceable courier mail addressed to your domain, we use outside courier services to forward such correspondence to you. Neither the credit card nor courier companies retain, share, store or use Your personally identifiable information for any secondary purposes. And rest assured that when we process Your personally identifiable information during a billing transaction, we use secure servers and encryption so as to prohibit viewing by a third party.

In addition, DOMAINS BY PROXY® may share information that it collects about You, including Your personally identifiable information, with our parent companies and its subsidiaries and affiliates. In such event, our parent companies and its subsidiaries and affiliates will safeguard and protect Your information with the same degree of care they treat their own proprietary and confidential information and will not use your information for secondary purposes without your express consent.

The DOMAINS BY PROXY® website provides links to both DOMAINS BY PROXY®-affiliated Registrars as well as to other sites for Your convenience (collectively, “Third Parties”). Any and all information that You choose to provide to Third Parties is not covered by the DOMAINS BY PROXY® Privacy Policy. Any one or all of these Third Parties may have their own privacy policy. We recommend that You familiarize Yourself with the applicable Third Party’s privacy policy, as DOMAINS BY PROXY® has absolutely no control over the usage or content of a Third Party’s privacy policy.

WHEN WILL DOMAINS BY PROXY® DISCLOSE MY PERSONAL INFORMATION?

DOMAINS BY PROXY® will never disclose Your personally identifiable information without Your permission, EXCEPT when we are required by law, in the good-faith belief that such action is necessary in order to conform to the edicts of the law, to comply with a legal process served upon DOMAINS BY PROXY® or in the event You breach any provision of our Anti-Spam Policy or our Proxy Agreement, particularly Section 4 (“DOMAINS BY PROXY’S Rights To Deny, Suspend, Terminate Service and To Disclose Your Personal Information.”) We strongly recommend that You become familiar with both the Anti-Spam Policy and the Proxy Agreement.

WHAT SECURITY MEASURES DOES DOMAINS BY PROXY® TAKE TO PROTECT MY PERSONALLY IDENTIFIABLE INFORMATION?

DOMAINS BY PROXY® has implemented security measures to protect against the loss, misuse and alteration of Your private communications and the personally identifiable information under our control, including but not limited to, firewalls, secure servers, encryption techniques, and limiting access to those employees who have a need to access and know the information in the course of performing services for DOMAINS BY PROXY® (for example, customer service and billing representatives).

Unfortunately, no company, including DOMAINS BY PROXY®, can guarantee that all of Your private communications and personally identifiable information will always remain private. For example, it is possible third parties may intercept or somehow gain access to Your transmissions, private communications and personally identifiable information. It is also possible that DOMAINS BY PROXY® may inadvertently disclose Your private communications and personally identifiable information. You expressly acknowledge and agree that DOMAINS BY PROXY® cannot ensure complete and total security and privacy for Your private transmissions and communications to and from DOMAINS BY PROXY® and its website, nor for Your personally identifiable information.

HOW DO I UPDATE MY PERSONAL INFORMATION?

As a customer of DOMAINS BY PROXY®, You may modify Your personally identifiable information at any time by logging onto our website and accessing, via password, Your online account. Due to the large volume of subscribers to DOMAINS BY PROXY®’s services and in order to limit fraud, we cannot accept email, fax, first class mail or telephone correspondence from customers requesting modifications to their personally identifiable information. If you lose your password, please go to the “My Account” screen of the Domains By Proxy® website and click the link "Forgot your password?"

You will then see the Account Retrieval System -- a new screen which allows you to retrieve your customer number, retrieve your password hint or reset your password. Each of these options within the Account Retrieval System has a process by which the customer can obtain the information necessary to access the customer's account. Each process involves a security access code or human verifier designed to protect against scripted robots.

WHAT HAPPENS TO MY PERSONAL INFORMATION IF I TERMINATE MY DOMAINS BY PROXY® ACCOUNT?

When Your DOMAINS BY PROXY® account is cancelled (either voluntarily or involuntarily) all of your personally identifiable

information is placed in “deactivated” status on our relevant DOMAINS BY PROXY® databases.  However, you should know

that deactivation of your account does not mean Your personally identifiably information has been deleted from our database entirely.

We will retain and use Your personally identifiable information if necessary in order to resolve disputes or enforce our Proxy Agreement.

In addition, when Your DOMAINS BY PROXY® account is cancelled, Your Registrar is notified and given Your contact information

so that it can update the administrative, technical and billing contact information as well as Registrant information with the applicable

WHO-IS directory.  This means that for your domain name, the WHO-IS directory will revert to displaying your name, postal address,

email and phone number. (If You cancel Your domain name, You will need to review Your Registrar’s applicable policies and procedures

as to how they handle Your personal information upon cancellation).

WHAT IF I HAVE QUESTIONS ABOUT THE PRIVACY POLICY?

If you have any questions or concerns regarding DOMAINS BY PROXY®’s Privacy Policy, please contact us at:

Domains By Proxy, Inc.

15111 N. Hayden Road/Suite 160

PMB 353

Scottsdale, AZ 85260

Attn: Privacy Department

You can also contact customer service at 480-624-2599 or email us at privacy@domainsbyproxy.com. Every effort will be made to respond to your inquiry within 24- 48 hours of its receipt.

Domains By Proxy is a licensee of the TRUSTe Privacy Program. If you have questions or concerns regarding this Privacy Policy, you should first contact Domains By Proxy at privacy@domainsbyproxy.com. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact the TRUSTe Watchdog Dispute Resolution Process at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with DOMAINS BY PROXY® to resolve your concerns.

Revised 08/19/2004

U.S. Pat. No. 7,130,878