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© Copyright | By Greenberg & Lieberman, LLC & DigitalCandy, Inc. | WHOIS | Terms & Privacy | Registrar Terms Agreement | Contact

Terms & Privacy

1. Your Acceptance

This is a formal agreement and it governs your participation in and/or use of those services or benefits available through DigitalCandy, Inc (dba WilyFish) (Hereinafter “WilyFish” or “WF”. In this Agreement, “Company”, “us,” “we” or “our” all refer to WF. By participating in or using the services or features of the Program, or by activating an “Agree” button associated with a service, or setting up an account, you are agreeing to be bound by the terms of this Agreement. If you do not wish to become bound by this Agreement, do not access the WilyFish.com or WilyFish.co websites or the mobile phone applications (“Site” or “Website” or “App” or “Application”) or use any of our custom / white glove services.

2. Website

2.1 These Terms of Service apply to all users of WF’s service whether through the Website or custom searches. If you require separate legal services through the law offices of Greenberg & Lieberman, LLC (Hereinafter “G&L” or the “Law Firm”) a separate attorney – client agreement will be proffered to you. The Website may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

2.2. Website Access

A. We hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your use; (ii) you will not copy or distribute any part of the Website in any medium without WF’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Failure to notify us of such a breach is a violation of this contract and breach of contract. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our or third parties losses or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

3. Search & Notification

We will automatically search for such things as we are requested across the Internet and provide a listing of where this content is found. The results will be available to you within the application and may be saved to a folder or reports. If you have requested custom searches, then the results will be available to you in a folder viewable within your account and we will provide you the results via a PDF and/or and Excel report as you request. We do not guarantee that all locations of content will be found. We offer a service where you may choose to have notification letters sent to those persons or entities whom you believe are infringing or hosting infringing material. We make no guarantees that the chosen receiver of the correspondence will receive and respond to the correspondence. We, in our sole discretion, reserve the right to cancel access to this service if we believe it is being abused by you.

4. Custom Searches

The system has been trained to find trademarks. It is however capable of searching for any other images and cross indexing them with words or other data on a case by case basis. Each search however must be designed on a case by case basis as well and as such the pricing for such searches will be provided in a written proposal. proposals shall only be valid when in writing and signed by an authorized representative of WF.

5. Intellectual Property Rights

The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Mimes,” “Memes” or “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to WF, subject to trademark and copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein or in your custom proposal. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

6. User Activities

A. In some instances we are a service provider and as such claim safe harbor under the Digital Millennium Copyright Act. In particular, if you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by either uploading your copy of the content and claiming ownership or by providing our Copyright Agent (See below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

B. You understand that when using the Website, you will be exposed to content from a variety of sources, and that WF is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WF with respect thereto, and agree to indemnify and hold WF, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

C. WF permits you to link to materials on the Website for personal, non-commercial purposes as well as licensed herein.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WF MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

8. Limitation of Liability

IN NO EVENT SHALL WF, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER THROUGH NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL OR MALICIOUS ACTS OR OTHERWISE, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WILYFISH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WF SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by us from its facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity

You agree to defend, indemnify and hold us harmless, our parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party or (v) any claims that you placed up for sale and or sold WF which you did not have a right to sell. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

10. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website without your parent’s permission — there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

11. Assignment

These Terms of Service, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by us without restriction.

12. General

You agree that: (i) the Website and services shall be deemed solely based in Washington, D.C.; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over WF, either specific or general, in jurisdictions other than Washington, D.C. These Terms of Service shall be governed by the internal substantive laws of Washington, D.C., without respect to its conflict of laws principles. Any claim or dispute between you and WF that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Washington, D.C.. These Terms of Service and any other legal notices published by WF on the Website, shall constitute the entire agreement between you and WF concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WF failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. WF reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE THAT IF A COURT OF COMPETENT JURISDICTION WISHES TO AWARD DAMAGES AGAINST WF THAT APPROPRIATE AND REASONABLE LIQUIDATED DAMAGES, IN LIEU OF SUCH AN AWARD IS $500 INCLUDING ALL SUCH DAMAGES, COSTS, ATTORNEY’S FEES AND ANY OTHER MONETARY AMOUNT.

13. Third party claims

Please see CONTACT WILYFISH for non-legal issues. If there are legal issues, please use at least two of the methods listed therein in order to insure receipt.

Copyright Agent may be used as pertaining to DMCA notifications and other legal complaints:

Stevan Lieberman
Greenberg & Lieberman, LLC
1775 Eye St. NW Suite 1150
Washington, D.C. 20006
Phone: 202-625-7000
Fax: 202-625-7001

Third parties that claim that any of the material on the WilyFish.com website is infringing their right must submit a claim of infringement which includes:

1. Name of Company or Person who has the right to make a claim against the intellectual property

2. Your name and how you are associated with the above company

3. Your and the company’s contact information (including email address)

4. List of intellectual property right(s) at issue and jurisdictions in which registered

5. If certain affiliates or partners are permitted to use the intellectual property, list all company names in your letter.

6. Include the following statement: “I have a good faith belief that use of the above listed intellectual property are not authorized by the owner or its agent, nor is such use otherwise permissible under law.”

7. Include the statement: “I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner.”

8. Your signature and BLOCK PRINTED FULL NAME AND TITLE.

Content Review. After we have received a proper complaint, both the submitter of the complaint and CLIENT will be sent an email with a copy of the complaint. CLIENT shall be given five (5) days to respond and provide a counter notification.

Counter Notifications. The administrator or the provider of affected content may make a counter notification pursuant to §§512(g)(2) and (3) of the DMCA. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail — not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is not infringing the copyrights of others. Accordingly, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the material that we have removed or to which we have disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Luxembourg, and that you will accept service of process from the person (or their agent) who provided notification under subsection (c)(1)(C).

3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled and will no longer be shown.”

4. Sign the document and send it to us at the above address as well as via email or fax.

We strive to review all claims within ten (10) business days of when the complaint was received. Review will be undertaken by an appropriate member of our staff trained in intellectual property matters. We will issue our decision to both you and the Client. In all likelihood we will pull down the alleged offending work if there is a reasonable basis for Complainant’s basis to be true if only to preserve our DMCA safe harbor rights.

WF decision.

You, the Client, agree that if the decision is made to remove the Content from our Site that you will not hold us liable for pulling the material down under any circumstances. You also understand that we will be required to provide your information to the Complainant.

REPEAT INFRINGERS

We will, in appropriate circumstances, terminate repeat infringers. If you believe that a user of our Site is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the user is a repeat infringer. If we have documented three (3) infringements then the user will not be allowed to upload further images to the site.

14. Privacy Policy

This Privacy Statement discloses the privacy practices for Digital Candy.com (“Digital Candy.com”, “We” or “Us”) and how it treats the information that Digital Candy.com collects and receives, including information related to your past use of Digital Candy.com products and services. This policy does not apply to the practices of companies that Digital Candy.com does not own or control, or to people that WilyFish.com does not employ or manage.

1. The information collected by WF.

2. Communications from WF

3. How information collected by WF is used.

4. Correction/Updating Personal Information

5. Opting Out

6. Terminated WF Accounts

7. Use of the WF Website by Persons Under Age 13

8. Linking to Third Party Websites

9. Users Must Keep Their Passwords Private

10. Changes to Our Privacy Statement

11. Final Statement

1. Information Collected by WF.

We will not knowingly use information collected on this website to others in ways different from what is disclosed in this statement. WF collects information from our users at several different points on our website.

For purposes of this Privacy Statement, “Personally Identifiable Information” refers to information that can directly identify an individual; for example, such information may include an individual’s name, mailing address, phone number or email address.

1.1 Information that Is Automatically Collected

We use IP addresses, with the help of a business partner, to analyze trends, administer the website, track users’ movements, and gather broad demographic information for aggregate use. IP addresses are not linked to Personally Identifiable Information.

1.2 Information that Is Collected by Cookies

A cookie is a piece of data stored on a user’s hard drive containing information about that user. By setting a cookie on our website, the user would not have to log in with a password more than once, thereby saving time while on our website. If a user rejects the cookie, they may still use our website. The only drawback to this is that the user will be limited in some areas of our website. Cookies can also enable us to track and target the interests of our users to enhance the experience on our website. Some of our business partners use cookies on our website (for example, advertisers); however, we have no access to or control over these cookies.

1.3 Information that Is Actively Submitted to WF

Registrations and Orders. In order to register a domain name or order services from this website, a user must create an account and complete a registration process. During the account creation process, a user must provide contact information (such as name and email address) so that we can stay in touch with our users. This information is also used to fulfill order and registration requests. To pay for a domain name registration or for other service ordered, a user must provide contact information (such as name and shipping address) and financial information (such as a credit card number and its expiration date). This information is used for billing purposes, with the help of our business partner, and to fill users’ orders. If we have trouble processing an order, this contact information is used to get in touch with the user.

2. How Information Collected by WF Is Used

Demographic Information. We will NOT share aggregated demographic information with our partners and advertisers. We use Personally Identifiable Information (such as your name, telephone number or email address) to communicate with our users when they have questions, concerns or comments about their accounts or the services that we provide. If you contact us, we may or may not delete your emails or voicemails to us. Information Shared With Third Parties. We share information with third parties as required by ICANN and in order to give our customers access to a great variety of services. Specifically, we may do the following:

Submit the name, postal address, e-mail address, and phone numbers associated with the registrant, administrative, technical and billing contacts of a domain name to the appropriate Registry or registration database. This information is included in a publicly available ‘Whois’ database, in accordance with ICANN rules. This sharing of information is required by ICANN rules if you register a domain name through WF.

3. Use a credit card processing company to bill users for goods and services. These companies do not use Personally Identifiable Information for any use other than credit card processing; however, we will not be responsible or liable for use of the information required by credit card companies in contravention of their policies, contractual obligations or general good business procedures.

Share the publicly available domain contact information submitted by our users for inclusion in the Whois database with third parties. We do not control the use of this Personally Identifiable Information by third parties.

Addressing Legal Issues. Further, we provide Personally Identifiable Information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. Further, we believe it is necessary to share Personally Identifiable Information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of WF’s terms of use, or as otherwise required by law.

Sale or Transfer of Digital Candy.com. If all or a portion of WF’s products or services are transferred, sold, merged, ceases operations, goes bankrupt, or is otherwise involved in a transaction where the ownership or management of WF is changed (individually or collectively, a “Transaction”) then your Personally Identifiable Information or other user information may be transferred or assigned to a third party as part of the Transaction.

4. Correction/Updating Personal Information

Users must provide accurate and correct contact information (name, postal address, e-mail address, phone number) for their domain name(s) Registrant, Administrative, Technical and Billing contacts, which will be listed in a publicly accessible ‘Whois’ database, in compliance with ICANN rules. If a user’s Personally Identifiable Information changes (such as a zip code), or if a user no longer desires WF’s services, we will provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done under online account management (on your own) or by emailing our user Support Group for assistance.

5. Opting Out

Users are provided an opportunity to “opt-out” of having their information used for purposes not directly related to the services they request. Users who no longer wish to receive our newsletter or promotional materials from us may opt-out of receiving these communications by replying and typing “unsubscribe” in the subject line in the email or email your request to Privacy@DigitalCandy.com or Privacy@wilyfish.com.

6. Terminated WF Accounts

If your account is terminated or cancelled (regardless of whether it was voluntary), all of your Personally Identifiable Information will remain on our servers. We retain and use your Personally Identifiable Information as necessary to enforce our policies or to address contractual issues and may contact you for future marketing or promotional purposes.

The Customer acknowledges that all property and rights in the Contact Information belongs to WF absolutely for its own use and benefit, subject to our Privacy Policy, of which the Customer has been made aware and has examined to his or her satisfaction. The Customer further acknowledges that unless we are given notice of the contrary in the Application Order Form, the Contact information may also be made available to and used by WF and/or its agents at any time for the purpose of marketing and other commercial purposes. The Client consents to receiving email communications for any of the purposes in this clause, and in accordance with this Privacy Policy.

Pursuant to this Privacy Policy, we disclose to the Customer that Digital Candy / WilyFish DMCA agent may be contacted through:

Stevan Lieberman, Esq
Greenberg & Lieberman
1775 I St., NW Suite 1150
Washington, DC 20006
Phone: 202-625-7000
Fax: 202-625-7001
Email: Stevan@aplegal.com

The Customer may obtain access to any Contact information and other information by contacting us;

Contact Information is collected for the purpose of fulfilling this Agreement and for present and future marketing and commercial purposes;

You, if you are based in Europe, in association with GDPR, and possibly other countries may have the right to ask us to modify, delete or provide your personal information to you. Please log into your online panel and choose the appropriate option or feel free to contact us as the above to request the same.

7. Use of the WilyFish.co(m) Website by Persons Under Age 13

This website is not intended for use by anyone under the age of thirteen (13), and any individual under such age should not provide us with Personally Identifiable Information. We do not knowingly contact, market to, solicit, collect or use Personally Identifiable Information from or about any individual under the age of 13. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of that we have personal information regarding a person under the age of 13, as soon as we reasonably verify the information, we will either obtain parental consent or otherwise delete the information from the account and/or service. However, the information may remain on a log in our servers. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at: Privacy@WilyFish.com.

8. Linking to Third Party Websites

This website contains links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our website and to read the Privacy Statements of each and every website that collects Personally Identifiable Information. This Privacy Statement applies solely to information collected by this website.

9. Users Must Keep Their Passwords Private

Users are required to keep their account passwords confidential and to not share this information with others. If you choose to reveal or share your password and WF account name, we are unable to guarantee the security of your account.

10. Changes to Our Privacy Statement

This Privacy Statement may change, and use of information that we gather now is subject to the Privacy Statement that is in effect as of the time of use. You are responsible for periodically checking our Privacy Statement. You may opt-out of any posted change to our collection, use or disclosure of your personal information by sending an e-mail to Privacy@WilyFish.com. If we make minor changes to this Privacy Statement, the changes will be immediately effective upon posting the revised Privacy Statement to the website. If we make material changes to this Privacy Statement or in how we will use or collect your Personally Identifiable Information, we will prominently post a notification on our website of the changed Privacy Statement ten (10) days prior to implementing the change. The date at the bottom of this Privacy Statement is the date that the Privacy Statement is effective.

Rev. May 29, 2019

Registrar Specific Terms

Contact information and time to respond may be found in Contact.

General / Default Registrar Fees

The below fees are what you will be charged generally unless you have been given alternative fees based on direct negotiations with WilyFish.

TLD		Register		Renew		Transfer
.com	$	14.90	$	14.90	$	14.90
.net	$	18.61	$	18.61	$	18.61
.ong	$	25.99	$	25.99	$	25.99
.ngo	$	25.99	$	25.99	$	25.99
.me	$	23.66	$	37.50	$	37.50
.org	$	18.51	$	18.51	$	18.51
.us	$	12.00	$	12.00	$	12.00
.asla	$	15.42	$	29.95	$	29.95
.la	$	69.95	$	69.95	$	69.95
.mobi	$	25.00	$	25.00	$	25.00
.info	$	21.73	$	21.73	$	21.73
.bible	$	49.00	$	49.00	$	49.00
.biz	$	29.95	$	29.95	$	29.95
.blog	$	34.99	$	34.99	$	34.99
.uk	$	8.98	$	8.98	$	8.98
.co.uk	$	16.49	$	16.49	$	16.49
.org.uk	$	16.49	$	16.49	$	16.49
.tw	$	49.95	$	49.95	$	49.95
.com.tw	$	49.95	$	49.95	$	49.95
.org.tw	$	49.95	$	49.95	$	49.95
.idv.tw	$	49.95	$	49.95	$	49.95
.ca	$	49.95	$	49.95	$	49.95
.eu	$	21.95	$	21.95	$	21.95
.cn	$	49.95	$	49.95	$	49.95
.name	$	21.95	$	21.95	$	21.95
.cc	$	59.95	$	59.95	$	59.95
.sh	$	95.00	$	95.00		N/A
.io	$	75.95	$	75.95	$	75.95
.ac	$	95.00	$	95.00		N/A
.tv	$	59.95	$	59.95	$	59.95
.bz	$	49.95	$	49.95		N/A
.nu	$	49.95	$	49.95		N/A
.ws	$	34.95	$	34.95	$	34.95
.tm	$	149.90		N/A		N/A
.com.cn	$	49.95	$	49.95	$	49.95
.net.cn	$	49.95	$	49.95	$	49.95
.org.cn	$	49.95	$	49.95	$	49.95
.de	$	29.95	$	29.95	$	29.95
.be	$	29.95	$	29.95		N/A
.tc	$	88.00	$	88.00		N/A
.vg	$	85.00	$	85.00		N/A
.cm	$	139.95	$	139.95		N/A
.ms	$	85.00	$	85.00		N/A
.ga	$	85.00	$	85.00		N/A
.jp	$	99.95	$	99.95		N/A
.net.nz	$	69.95	$	69.95		N/A
.co.nz	$	69.95	$	69.95		N/A
.org.nz	$	69.95	$	69.95		N/A
.com.mx	$	99.00	$	99.00		N/A
.br.com	$	59.95	$	59.95	$	59.95
.jpn.com	$	59.95	$	59.95	$	59.95
.cn.com	$	59.95	$	59.95	$	59.95
.eu.com	$	29.95	$	29.95	$	29.95
.uk.com	$	59.95	$	59.95	$	59.95
.uk.net	$	59.95	$	59.95	$	59.95
.co.com	$	34.99	$	34.99	$	34.99
.pw	$	35.46	$	35.46	$	35.46
.ar.com	$	59.95	$	59.95	$	59.95
.com.de	$	20.00	$	20.00	$	20.00
.us.com	$	29.95	$	29.95	$	29.95
.uy.com	$	59.95	$	59.95	$	59.95
.hu.com	$	59.95	$	59.95	$	59.95
.no.com	$	59.95	$	59.95	$	59.95
.qc.com	$	59.95	$	59.95	$	59.95
.ru.com	$	59.95	$	59.95	$	59.95
.sa.com	$	59.95	$	59.95	$	59.95
.se.com	$	59.95	$	59.95	$	59.95
.se.net	$	59.95	$	59.95	$	59.95
.za.com	$	59.95	$	59.95	$	59.95
.de.com	$	59.95	$	59.95	$	59.95
.info	$	24.95	$	24.95	$	24.95
.me.uk	$	16.49	$	16.49	$	16.49
.am	$	124.95	$	124.95	$	0.00
.at	$	99.95	$	99.95		N/A
.nl	$	39.95	$	39.95		N/A
.radio.fm	$	20.99	$	20.99	$	20.99
.radio.am	$	20.99	$	20.99	$	20.99
.fm	$	124.95	$	124.95	$	0.00
.it	$	39.95	$	39.95		N/A
.tel	$	29.95	$	29.95	$	29.95
.net.co	$	29.95	$	29.95	$	29.95
.nom.co	$	29.95	$	29.95	$	29.95
.com.co	$	29.95	$	29.95	$	29.95
.co	$	31.91	$	39.95	$	39.95
.pro	$	39.95	$	39.95	$	39.95
.recht.pro	$	299.00	$	299.00	$	299.00
.jur.pro	$	299.00	$	299.00	$	299.00
.bar.pro	$	299.00	$	299.00	$	299.00
.avocat.pro	$	299.00	$	299.00	$	299.00
.eng.pro	$	299.00	$	299.00	$	299.00
.acct.pro	$	299.00	$	299.00	$	299.00
.aca.pro	$	299.00	$	299.00	$	299.00
.aaa.pro	$	299.00	$	299.00	$	299.00
.cpa.pro	$	299.00	$	299.00	$	299.00
.med.pro	$	299.00	$	299.00	$	299.00
.law.pro	$	299.00	$	299.00	$	299.00
.gr.com	$	30.00	$	30.00	$	30.00
.us.org	$	30.00	$	30.00	$	30.00
.xxx	$	126.48	$	126.48	$	126.48
.pe	$	65.00	$	65.00	$	65.00

Renewal, Deletion and Recovery Terms:

Domain names registered through our domain name registration services in accordance with the WilyFish Terms & Conditions, and this agreement, are registered for fixed periods of time, and such registrations are subject to this Domain Name Renewal, Deletion, Recovery Information, and Fees Policy.

Renewal Notifications

In order to best assist you with the renewal of your domain names, we will send you multiple e-mail reminders and notifications to the e-mail provided in your account as your registrant contact information for the applicable domain name (the “Owner Contact”), both before and after your domain name’s expiration date, as follows:

You will receive an e-mail notification that your domain name will be expiring a minimum of thirty (30) days prior to its expiration date, and another e-mail notification a minimum of seven (7) days prior to its expiration date. These e-mails will contain instructions on how you may renew your domain name registration. We may also send you additional reminders that your domain name registration will be expiring in weekly e-mails beginning as early as seventy-five (75) days prior to its expiration date.

If you do not renew your domain name registration, you will receive one additional e-mail notification from us within five (5) days after the domain name’s registration expiration date. This e-mail will contain instructions on how you may renew your domain name registration. We may also send you additional reminders that your domain name registration has expired in weekly e-mails through the end of the Renewal Grace Period, defined below.

If you do not renew your domain name registration, the existing DNS resolution path you identified for your domain name registration may be interrupted, to the extent the applicable Registry Operator permits such interruption, and that web traffic to the domain name will be directed to a “Special Landing Page” of our choosing, including any “for sale,” “parking,” or special “idle” webpage containing such things as, without limitation, (i) links to additional products and services offered by WilyFish; (ii) advertisements for products and services offered by third parties; and (iii) internet search engine interfaces. A Special Landing Page shall also contain instructions, or a link to such instructions, on how you may renew your domain name registration.

If you own multiple domain name registrations that will expire at approximately the same time, the e-mail reminders and notifications contemplated above will include a list of all such domain name registrations and will indicate, for each domain name listed, whether the domain name (i) will be expiring, and the date of expiration; (ii) has expired; or (iii) is available for renewal.

You are responsible for your domain names and their registrations. As such, you should take all reasonable precautions to ensure that you receive your renewal reminder notices to avoid inadvertently allowing your domain name registrations to expire, and you should always proactively investigate and know the status of your domain names. We are not liable to you for your failure to timely renew your domain name, even if such a failure results from the fact that you did not receive a notification e-mail from us as set forth above. Reasonable precautions might include, but not be limited to:

Confirm that the e-mail address in your Owner Contact is current, accessible, and in proper working order;

Use an e-mail in the Owner Contact that is not tied to a domain name that may be allowed to expire and, if you must use an e-mail that uses the domain in question, provide a secondary e-mail address to where notifications may be sent;

Add our e-mail address domain, @WilyFish.com, to your e-mail’s safe sender list;

Check your account’s online dashboard regularly to keep up with the status of your domain names;

Proactively renew critical domain names before their expiration dates and for multiple-year periods; and

If using our Auto-Renew Services, ensure that you either have a valid credit card on file or sufficient funds in your account to cover the expenses of renewing your domain names.

Renewal Instructions

To renew your domain names prior to their expiration date or following their expiration date until the domain name either (i) undergoes a Post Term Renewal and Transfer as defined below, or (ii) is marked as pending delete, please follow the instructions below:

Log in to your WilyFish account.

Go to “My Assets” and select the domain name or names you wish to renew.

To the left of the selected domain names, under “Domain Actions,” click “Domain Renewal.”

Under “Renew Your Domains Instructions,” click on “Click Here,” and then on “Renew all the names you have selected at once by clicking here.”

On the next screen, you will see “Domain Renewal Term Selection.” Select the number of years for which you want to renew your domain name, and then click on “Add to Cart.”

Click “Continue Checkout.”

Select the payment method.

Click “Check Out,” then on “Buy Now.”

You will receive a confirmation e-mail once the order is complete.

To renew your domain names after they are marked as expired or pending delete until the domain name either (i) undergoes a Post Term Renewal and Transfer, as defined below, or (ii) is deleted, please follow the instructions below:

Log in to your WilyFish account.

Go to “Dashboard” and select “Domains Pending Registrar Delete – Renew Now”.

Next, under “Renewal of Domains Pending Delete,” select the domains to be renewed, then click “Add to Cart.”

From the shopping cart, you will see “Quantity.” Select the number of years for which you want to renew each domain, then click “Check Out.”

Select the method of payment then click on “Buy Now.” You will receive a confirmation email once the order is complete.

To redeem a deleted domain name during a Registry Redemption Grace Period, as defined below, please contact customer support in any manner set forth herein.

Post-Expiration Renewals and Deletions

If you do not renew your domain name registration by its expiration date, the registration may become subject to deletion or resale in accordance with policies enacted by the Internet Corporation for Assigned Names and Numbers (“ICANN”). Consequently, if you desire to renew your domain name registration, we strongly urge you to do so in advance of its expiration date to avoid any unintended deletions. A domain name that is not renewed, sold, or transferred after its expiration will be deleted.

Post-Expiration Renewals

In an effort to help you avoid the unintentional deletion of your domain name registrations, we may provide you with a “Renewal Grace Period.” A Renewal Grace Period will begin one (1) day after the domain name registration’s expiration date and will continue until the first to occur of (i) a Post Term Renewal and Transfer; or (ii) deletion of the domain name registration. During the Renewal Grace Period, we will add “Domains Expired” or “Domains Pending Registrar Delete - Renew Now” links to the “My Account” area of your account so you can easily see which of your domain names are up for renewal at different stages.

You may renew your domain name registration at any time during the Renewal Grace Period using the methods set forth in this policy or in any Special Landing Page. We will restore the domain name to the resolution path set by you as soon as is commercially reasonable after a timely renewal.

If you do not renew your domain name prior to its expiration date, or prior to the end of the Renewal Grace Period, you agree that we may, but are not required to, at any time prior to its deletion, (i) attempt to find a third party who is interested in registering, purchasing, or back-ordering the domain name, and (ii) transfer the domain name registration to such third party on your behalf (a “Post Term Renewal and Transfer”). Notwithstanding any right you may have to renew your domain name prior to deletion or as contained in any renewal instruction located on a Special Landing Page, your failure to timely renew your domain name shall constitute your consent to such a Post Term Renewal and Transfer. We are not obligated to compensate you in any way should your previously-registered domain names be the subject of a Post Term Renewal and Transfer.

Please note that, to provide you with the Renewal Grace Period, we are obligated to pay the Registry Operator for all domain name renewals on the day the domain name expires, provided the domain name has not previously been renewed by you prior to its expiration date. We therefore take ownership of all expired domain names until such time as they are renewed, auctioned, sold, or deleted.

Post-Deletion Recovery

If an expired domain name registration is not renewed or transferred as outlined above, we will, absent extenuating circumstances, delete the domain name registration. Registry Operators, as that term is defined in the Service Agreement, may provide registrars with the ability to “redeem” a deleted domain name registration, and we in turn will provide you with the ability to redeem your domain name registration. Except in the case of a gTLD Registry Operator, such a “Registry Redemption Grace Period” may not be guaranteed, and you should renew your domain name registration before it expires to avoid the unintended deletion of your domain name registration. Currently, Registry Operators provide, and in the case of a gTLD Registry Operator is required to provide, a Redemption Grace Period for thirty (30) days from the date of deletion. Except for ICANN-approved bulk transfers and permitted partial bulk transfers, a gTLD domain name can only be redeemed during a Registry Redemption Grace Period; it cannot be transferred or resolved. To familiarize yourself with the potentially differing domain renewal and term policies, please review the TLD policiesset out herein.

If you choose to redeem your domain name during any such Registry Redemption Grace Period, you agree to pay us a fee of $125.00 US, plus any renewal fees for the domain name registration. To redeem a deleted domain name during a Registry Redemption Grace Period, please contact customer support in any manner set forth herein.

A domain name registration that is not redeemed by the expiration of the Registry Redemption Grace Period will be placed on “Pending Delete” status with the Registry Operator for five (5) additional days, after which it will be deleted and the domain name character string will once again become available for registration by any party.

Effect of UDRP or URS Proceedings

In the event that your domain name registration becomes the subject of a Uniform Domain Name Dispute Resolution Policy (“UDRP”) or Uniform Rapid System (“URS”) proceeding and expires or is deleted during the course of such dispute, the party that filed the UDRP or URS proceeding will have the option to renew or restore the domain name registration under the same commercial terms afforded to you. If the case ultimately is terminated or the arbitrator finds against the filing party, the name may be deleted within forty-five (45) days, subject to the Registry Redemption Grace Period, be renewed by WilyFish, or be renewed by you, subject to the Renewal Grace Period.

Dispute Policy

1. Purpose.

This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

2. Your Representations.

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes.

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes.You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
you have no rights or legitimate interests in respect of the domain name; and
your domain name has been registered and is being used in bad faith.
For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(2):

before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation.

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions as stated herein shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes.

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo.

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided herein.

8. Transfers During a Dispute.

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications.

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy on WilyFish.com at least ten (10) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

TLD Terms:

1. .INFO Registrations

With respect to any registration of a .INFO second level domain name, you agree to the following terms:

You consent to the use, copying, distribution, publication, modification, and other processing of your personal data by Afilias Limited (“Afilias”), the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract; You agree to submit to proceedings under the UDRP or URS and to comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion;

You agree to immediately correct and update the registration information for the .INFO registered domain name during the registration term for such domain name; failure to correct this information shall constitute a breach of this Agreement; and

You acknowledge that Afilias will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation, (a) your ability or inability to obtain a given domain name during these periods, and (b) the results of any dispute over a Sunrise Registration.

WilyFish and Afilias expressly reserve the right to deny, cancel, or transfer any registration that either shall deem necessary, in its discretion, to protect the integrity and stability of the .INFO registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of WilyFish and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. WilyFish and Afilias also reserve the right to lock a domain name during resolution of a dispute.

For purposes of this Section, “Sunrise Period” shall mean the exclusive period of time, prior to the opening of public registration, where trademark and service mark holders are able to reserve their exact marks in the .INFO domain and preserve their brands in the new .INFO Internet real estate; “Sunrise Registration” shall mean a domain name registered as part of the Sunrise Period; and “Land Rush Period” shall mean the time during which domain names are available for registration to entities that do not own a trademark in the name they wish to register and thus would not qualify for registration during the Sunrise Period.

2. Dot-Mobi Registrations

With respect to any registration of a .Mobi registration, you:

Agree to indemnify, to the maximum extent permitted by law, defend and hold harmless mTLD Top Level Domain Ltd (“Dotmobi”), the Registry Operator of the .mobi TLD, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use, and this indemnification obligation survive the termination or expiration of the Agreement;

Agree to indemnify, defend, and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use; this indemnification obligation survives the termination or expiration of the Agreement;

Acknowledge and agree that, notwithstanding anything in this Agreement to the contrary, Dotmobi is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of Dotmobi have vested and that Dotmobi has relied on its third party beneficiary rights under this Agreement when it agreed to allow WilyFish to become a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of Dotmobi shall survive any termination or expiration of this Agreement;

Agree to comply with ICANN requirements, standards, policies, procedures, and practices for which Dotmobi has monitoring responsibilities in accordance with its registry agreement or other arrangement with ICANN;

Agree to comply with operational standards, policies, procedures, and practices for the registry TLD, as they may be established from time to time by Dotmobi in a non-arbitrary manner (the “Registry Policies”), applicable to all registrars and/or registered domain name holders, and consistent with the registry agreement, which shall be effective upon thirty (30) days’ notice by Dotmobi to WilyFish;

Consent to the use, copying, distribution, publication, modification and other processing of your Contact Data by Dotmobi and its designees and agents in a manner consistent with the purposes specified pursuant to the registration agreement, .Mobi’s registrar rules and with relevant mandatory local data protection, laws and privacy;

Agree to submit to proceedings commenced under ICANN’s UDRP or URS;

Agree to provide current, accurate and complete information in connection with your registration of a domain name and your creation, launch, and operation of a related website including, but not limited to, information required for the purposes of the WHOIS records;

Agree to immediately correct and update the registration information for the registered domain name during the registration term;

Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period, and further to acknowledge that Dotmobi and the registry service provider have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the limited industry launch, the sunrise period, the land rush period, the sunrise dispute resolution policy, the premium name allocation process, and the general registration period including, without limitation: (a) the ability or inability of a registrant to obtain a particular domain name during these periods, and (b) the results of any dispute made during the limited industry launch or over a sunrise registration;

Acknowledge that if the domain name being registered is a “Dotmobi Premium Name,” as such are listed at http://mtld.mobi/domain/premium, then use of the domain name is also subject to the terms and conditions of the Dotmobi Premium Name Agreement (formerly known as the Dotmobi Auction Agreement) posted at http://mtld.mobi/node/1135, and is incorporated herein by this reference;

Acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Agreement in accordance with the terms thereof (i) any and all of your rights to the domain name, to the registration code, and/or to create, launch, and/or operate a related website shall be terminated, and all such rights shall revert to mTLD; and (ii) mTLD may grant registration rights to the domain name and/or rights to the registration code to any entity or person in its sole discretion, and you shall have no rights or recourse against mTLD and/or registrar relating to the registration or use of the domain name and/or registration code by any other such entity or person;

Acknowledge and agree that the registry and registry service provider, acting in consent with the registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a registered domain name during resolution of a dispute;

Acknowledge and agree that you must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi “Style Guide” (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style

3. With respect to any registrations of .UK you agree to the the following terms

You consent to the use, copying, distribution, publication, modification, and other processing of your personal data by Nominet (“Afilias”), the .UK Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract; You agree to submit to all rules associated with end users found in Nominet’s registrar agreement found at: https://media.nominet.uk/wp-content/uploads/2020/05/UK-Registry-Registrar-Agreement-26-05-2020.pdf?_ga=2.225554970.1695024192.1598710361-1472158534.1598710361 as well as at: https://www.nominet.uk/uk-domains/policies/ These policies are subject to modification by Nominet in its discretion;

You agree to immediately correct and update the registration information for the .UK registered domain name during the registration term for such domain name; failure to correct this information shall constitute a breach of this Agreement; and

WilyFish and Nominet expressly reserve the right to deny, cancel, or transfer any registration that either shall deem necessary, in its discretion, to protect the integrity and stability of the .UK registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of WilyFish and/or Nominet as well as their affiliates, subsidiaries, officers, directors and employees. WilyFish and Nominet also reserve the right to lock a domain name during resolution of a dispute.

Contact Information:

Contact@WilyFish.com – For general questions

Support@WilyFish.com – For Customer Service or Domain Name issues

Abuse@WilyFish.com – For issues pertaining to the abuse of a domain name

Investment@WilyFIsh.com – For anyone interested in investing in WilyFish

Tech@WilyFish.com – For Technical issues

At DigitalCandy / WilyFish, we take abuse reports and complaints seriously and review each and every submission. All requests will be answered within 72 working hours. Each case is considered individually based on the available information and our own internal investigations after which time appropriate action is taken in line with our Privacy Policy, Registration Agreement, Rights & Responsibilities, and Federal Law.

Please email us at the abuse@wilyfish.com to send a complaint or report abuse of DigitalCandy / WilyFish services. Abuse cases may include the following:

Trademark

Copyright

Spam

Phishing / Malware

Inappropriate Content

Part of the investigation process may include the use of your report to substantiate claims made against a DigitalCandy / WilyFish customer.

Mailing Address: 1775 Eye St., NW Suite 1150, Washington, D.C. 20006

General Phone #: +1 (301) 588-2849

All correspondence is responded to within 48 business hours.

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