Secret Registration ServiceSM Agreement

BY CLICKING ON THE ICON AT THE BUTTON MARKED "I ACCEPT" AND YOUR USE OF THE SECRET REGISTRATION SERVICESM (THE "SERVICE") AND THE WEBSITE(S) OF DYNAMIC NETWORK SERVICES, INC. ("DYNDNS") THAT SUPPORT THAT SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN THE DYNDNS PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. YOU ACKNOWLEDGE AND AGREE THAT DYNDNS MAY AMEND THIS AGREEMENT AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY BE AUGMENTED OR CHANGED AT ANY TIME AND THAT THE SERVICE SO ALTERED SHALL STILL BE SUBJECT TO THIS AGREEMENT. DYNDNS WILL POST ANY AND ALL CHANGES OR AMENDMENTS TO THIS AGREEMENT ON DYNDNS'S WEBSITE. DO NOT USE OR ACCESS THIS SERVICE IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR IF YOU OBJECT TO ANY OF ITS TERMS OR CONDITIONS, INCLUDING ANY AMENDMENTS HERETO. YOUR USE AND YOUR CONTINUED USE OF THE SERVICE AFTER CHANGES TO THIS AGREEMENT HAVE BEEN POSTED TO THE DYNDNS WEBSITE CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND OF THE POSTED CHANGES OR AMENDMENTS HERETO. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT PURCHASING THE SERVICE.

This Agreement is made by and between DynDNS, a Delaware corporation, and you, for yourself and your agents, representatives, successors, assigns, heirs, executors, and administrators ("You" and "Your"). This Agreement sets forth the terms and conditions of Your relationship with DynDNS and Your use of the Service.

By using the Service, You acknowledge and agree that:

  1. You have read, understand and agree to be bound by all the terms and conditions of this Agreement;
  2. You will be bound by the actions of: (i) You acting on Your behalf; (ii) anyone acting as Your agent; (iii) anyone who uses the account You have established with DynDNS, whether or not the use is authorized by You; and (iv) representations made by third parties You use to purchase the Services;
  3. Promotional statements and statements of a general nature made by DynDNS on its website(s) or in its promotional materials do not bind DynDNS; and
  4. You will abide by and act in accordance with the rules, regulations, and/or policies of DynDNS and the Internet Corporation for Assigned Names and Numbers ("ICANN"), including, but not limited to, DynDNS's Acceptable Use Policy ("AUP") (available at http://www.dyndns.com/about/legal/aup.html) and ICANN's Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy") (available at http://www.icann.org/dndr/udrp/policy.htm), which are each incorporated herein by reference.

  1. DYNDNS'S SECRET REGISTRATION SERVICESM

    ICANN requires administrative, owner, technical, and billing contact information (the "WHOIS Information") for each domain name that is part of the Internet. This requirement is based on the legitimate need of members of the public to contact the owners of domain names for legal, technical and other purposes. However, exposing information on the WHOIS Information database also allows it to be gathered for illegitimate and illegal purposes.

    The Service seeks, in accordance with the terms of this Agreement, to allow You to keep secret Your Personal Information (defined below), which would otherwise be exposed on the Internet and be included in the WHOIS database. By purchasing the Service, You authorize DynDNS to, and DynDNS will: (A) input the contact information described in Exhibit A (the "Standardized Contact Information") in the WHOIS information fields associated with the domain name DynDNS registers on Your behalf and (B) take other and further actions on its own, in accordance with Section 6 of this Agreement.

    In order to allow those with legitimate legal, technical or other needs to contact You, the Service facilitates two communication methods:

    1. Electronic Message. You can be contacted via the http://www.secretregistration.com website. An individual attempting to contact You by this method will be able to immediately relay a message to You through the http://www.secretregistration.com website after passing through an Anti-Spamming filter.
    2. Mail Message. You can be contacted by sending mail to the address specified in DynDNS's Standardized Contact Information. DynDNS will accept this mail as Your agent, digitize its contents, and forward it to You in digital form via electronic mail to the electronic mail address You provide to DynDNS as part of Your Personal Information.

  2. DOMAIN NAME REGISTRATION RIGHTS AND BENEFITS RETAINED BY YOU

    You retain the rights accorded to You as owner of any domain name that DynDNS applies the Service to on Your behalf. While the Service does change the WHOIS Information, this change does not constitute a transfer of Your ownership interest in Your domain name to DynDNS. Rather, in accordance with the above statement of rights, have the right to: (A) cancel the Service at any time (though You will not necessarily receive a refund); (B) cancel Your domain name registration; (C) sell, transfer or assign Your domain name registration; (D) control the use of Your domain name registration; (E) renew (subject to all applicable rules and policies) Your domain name registration when it expires; and (F) attempt to resolve (with any and all such attempts, at all times, being made in accordance with the terms of the Dispute Resolution Policy and subject to the terms of this Agreement) any and all claims and/or disputes arising out of or in connection with Your domain name registration.

  3. YOUR NOTIFICATION OBLIGATIONS

    1. Your Personal Information.

      You agree that You will provide, and keep current, as required by Subsection 3(B) hereof, the following information ("Your Personal Information") for each domain name that DynDNS, on Your behalf, serves as the registrar for:

      1. Your name and postal address;
      2. The email address, postal address, phone and fax numbers for the domain name registration's technical contact;
      3. The email address, postal address, phone and fax numbers for the domain name registration's administrative contact;
      4. The email address, postal address, phone and fax numbers for the domain name registration's billing contact;
      5. The email address, postal address, phone and fax numbers for the owner of the domain name registration;
      6. The primary and secondary domain name servers to which each domain name points; and
      7. The domain name's original date of registration and expiration date.
    2. Updating Your Personal Information and Your Response Requirement

      It is Your responsibility to, at all times, keep Your Personal Information on file with DynDNS accurate and up-to-date. As such, You agree to: (i) update Your Personal Information on Your DynDNS account to reflect any change(s) thereto within seven (7) days of any such change(s) and (ii) respond to DynDNS, within seven (7) days, via the same method by which you were contacted, to any inquiries made by DynDNS as to the accuracy, validity or completeness of Your Personal Information.

  4. YOUR REPRESENTATIONS AND WARRANTIES

    You Represent and Warrant that:

    1. You will use the Service in good faith and in accordance with this Agreement and DynDNS's AUP;
    2. all information that You provide to DynDNS, including but not limited to Your Personal Information, is truthful, complete, current and accurate as of the date You provide it to DynDNS and that You will inform DynDNS of any changes to Your Personal Information in accordance Subsection 3(B) above, as applicable, as soon as is practicably possible, all of which new information shall likewise be truthful, complete, current and accurate as of the date You provide it to DynDNS;
    3. You have no knowledge that would lead a reasonable person to believe that Your domain name infringes upon, or conflicts with, any third party's (or parties') legal rights, including but not limited to, any rights in trademark(s) or trade name(s); and
    4. the domain name DynDNS registers on Your behalf will not be used in connection with illegal or morally objectionable activity, as such activity is described in Subsection 6(C) hereof.

  5. COMMUNICATIONS FORWARDING

    Attempts to contact You via the Standardized Contact Information that DynDNS provides on Your behalf for use in the WHOIS database will be treated in following fashion:

    1. Email. DynDNS will NOT accept incoming e-mail. Any and all mail servers that attempt to delivery electronic mail to any email provided as part of the Standardized Contact Information and in association with the domain name DynDNS applies the Service to on Your behalf will be given a fatal error code and a message with instructions directing the party to go to the web portal http://www.secretregistration.com where the party will be able to immediately relay a message to You.
    2. Mail. DynDNS will accept postal and courier mail as Your agent and, within a reasonable period, not to exceed two weeks, digitize its contents, and forward it to You via electronic mail to the electronic mail address You provide to DynDNS as part of Your Personal Information.

      If DynDNS receives notification that the electronic mail message it attempted to send to You was not able to be delivered, it will print out the electronic copy of the electronic mail it attempted to send to You and send it to You a second time, this time via postal mail at the postal address You provide to DynDNS as part of Your Personal Information (a "Second Delivery Attempt"). You understand and agree that DynDNS will charge You a fee, in accordance with the prices set forth in Exhibit B, for every Second Delivery Attempt made to You regarding the domain name that DynDNS applies the Service to on Your behalf.
    3. Phone. Someone attempting to contact a domain holder by the Standardized Contact Information telephone number will be played a message instructing the caller to contact the domain holder by visiting www.secretregistration.com.
    4. Facsimiles. DynDNS will NOT accept ANY incoming facsimiles. The number provided will NOT be a connected phone number. Thus, You will NOT be forwarded, and thus will NOT receive in any way, shape, or form, ANY communication or information that someone attempts to facsimile to You via the facsimile number associated with the domain name DynDNS applies the Service to on Your behalf.

  6. DYNDNS'S RIGHTS REGARDING PROVISION OF THE SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

    1. You understand and agree that without incurring any liability to You whatsoever, DynDNS has the right, in its sole and unfettered discretion, to:
      1. close Your account and place (or reinstate) You as the registrant of the relevant domain name registration at issue;
      2. disclose and reveal Your Personal Information when: (a) required to do so by law; (b) necessary to comply with any legal process served on DynDNS; (c) DynDNS, in good faith, believes that law requires it to make such a disclosure; and/or (d) deemed necessary by DynDNS to protect its rights in connection with any claims between DynDNS and You and/or any third party concerning this Agreement;
      3. resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name that You have asked DynDNS to apply the Service toward.
    2. You understand and agree that, without incurring any liability to You whatsoever, DynDNS has the right, in its sole and unfettered discretion, to take any other action DynDNS deems necessary or appropriate:
      1. if You breach, or DynDNS in good faith believes You to have breached, any provision of this Agreement or DynDNS's Acceptable Use Policy;
      2. to protect the integrity and/or stability of the applicable domain name registry;
      3. to comply with any and all applicable laws, rules, regulations or requirements, subpoenas, court orders or requests of government or law enforcement;
      4. to comply with the Dispute Resolution Policy;
      5. to avoid any potential financial loss or criminal or civil legal liability on its part, or on the part of any of its subsidiary/ies, affiliate(s), shareholder(s), agent(s), representative(s) officer(s), director(s) or employee(s) and their respective successors, assigns, heirs and estates; or
      6. if the domain name to which DynDNS is to apply the Service toward on Your behalf violates or infringes, or DynDNS reasonably believes it could violate or infringe a third party's (or parties') rights, including but not limited to, rights in or to a trademark or trade name.
    3. You understand and agree that without incurring any liability to You whatsoever, DynDNS has the right, in its sole and unfettered discretion, to end, cancel, terminate and/or lock the registration of any domain name DynDNS has registered on Your behalf if DynDNS in good faith believes that You are using, knowingly or unknowingly, in any way, the Service to participate or engage in illegal or morally objectionable activities, or to sponsor, support, hide or conceal such activities. Such illegal or morally objectionable activities include, but are not limited to, ones that:
      1. appeal solely to prurient interests;
      2. abuse, defame, embarrass, harass, harm or threaten any third party (or parties);
      3. violate any law of the United States of America or any state or territory that is a part, or under the protection, thereof;
      4. involve child pornography or the harming of minors,
      5. involve hate crimes or terrorism;
      6. intrude upon the privacy or otherwise violate or infringe the rights of any third party;
      7. are obscene, tortious, vulgar, racially, ethnically, or otherwise objectionable;
      8. impersonate the identity of a third party; and/or
      9. relate to the transmission of access codes, "backdoors", "Trojan Horses", "timebombs", "worms" or any other code, device, item, or mechanism that corrupts, damages, impairs, intercepts, interferes with or misappropriates, or tends to do the same, in any way, any data, firmware, hardware, network or system data, personally identifiable information or software.
    4. You understand and agree that without incurring any liability to You whatsoever, DynDNS has the right, in its sole and unfettered discretion, to: (i) end, cancel, or terminate the registration of any domain name DynDNS has registered on Your behalf within thirty (30) days of the initial registration; (ii) lock the registration of any domain name DynDNS has registered on Your behalf if that name (a) was obtained by fraud or is being used to defraud a third party or (b) is being used in connection with the transmission of "spam" or unsolicited bulk email; and/or (iii) suspend Your rights under Section 2 of this Agreement and lock the registration at issue during resolution of a dispute.
    5. You understand and agree that, if DynDNS does not receive prompt and un-delayed payment for any of the fees that You have herein agreed to pay to DynDNS in association with the provision of the Service, then DynDNS shall have the option, in its sole and unfettered discretion, to (i) terminate or suspend Your use of the Service and (ii) provide Your Personal Information for use in the WHOIS database (and by doing so, reveal Your Personal Information to the public).
    6. You understand and agree that, if DynDNS is named as a defendant in any legal or administrative proceeding, or is investigated in relation to the filing of the same, that is associated with, any domain name DynDNS applies the Service to on Your behalf (i) Your use the Service will be terminated and (ii) Your Personal Information will be provided for use in the WHOIS database and thus revealed to the public.

  7. RENEWAL, TERMINATION BY YOU AND REFUNDS

    1. You understand and agree that:
      1. You will be responsible for directing DynDNS to (a) renew any domain name You have asked DynDNS to register on Your behalf and (b) renew the Service for any domain name you have asked DynDNS to register on Your behalf and
      2. DynDNS will charge the credit card You have on file with DynDNS at DynDNS's then current rates for the renewal of such services.
    2. You agree that it is Your responsibility to keep all credit card information (including credit card expiration dates) You have on file with DynDNS accurate and up-to-date.
    3. You understand and agree that You may terminate the Service upon thirty (30) days written notice to DynDNS.
    4. You understand and agree that:
      1. once DynDNS has posted the Standardized Contact Information related to the domain name DynDNS registers on Your behalf to the WHOIS database, all charges for the Service (including, as applicable, charges for the renewal or continuation of the Service) shall be non-refundable;
      2. once the communication at issue has been sent, any Second Delivery Attempt fees shall be non-refundable; and
      3. DynDNS's general refund policy does NOT apply to the Service delivered to You pursuant to this Agreement.

  8. DISCLAIMER OF WARRANTIES

    THE SERVICE AND ANY WEBSITE(S) SUPPORTING THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. DYNDNS, ITS AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ABSENCE OF LIEN, ENCUMBRANCE OR SECURITY INTEREST, QUIET ENJOYMENT, AND NON-INFRINGEMENT, IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY WEBSITE(S) OPERATED BY DYNDNS THAT ARE ASSOCIATED WITH THE SERVICE. DYNDNS DOES NOT WARRANT THAT THE SERVICE OR ANY WEBSITE(S) USED IN ASSOCIATION WITH THE SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT IT/THEY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS OR PROBLEMS WITH THE SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS OF THE SERVICE AND THE PERFORMANCE OF ANY WEBSITE ASSOCIATED THEREWITH. SOME JURISDICTIONS MIGHT NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY IMPLIED WARRANTIES ARE DEEMED TO EXIST UNDER APPLICABLE LAW, THEY ARE HEREBY EXPRESSLY LIMITED IN DURATION TO THE DURATION OF ANY EXPRESS WRITTEN WARRANTY MADE HEREIN. SOME JURISDICTIONS MIGHT NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  9. LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DYNDNS, ANY AFFILIATES IT MAY HAVE, OR ANY OF ITS/THEIR DIRECTORS, OFFICERS, EMPLOYEES SHAREHOLDERS, REPRESENTATIVES OR AGENTS, OR THEIR RESPECTIVE SUCCESSORS, ASSIGNS, HEIRS, OR ESTATES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, HARM TO REPUTATION, AND THE LIKE), OR ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES, ARISING IN ANY WAY OUT OF OR CONNECTED WITH THE SERVICE OR ANY WEBSITE ENABLING USE OF THE SERVICE OR THE USE, INABILITY TO USE, OR MALFUNCTION OF THE SERVICE OR ANY WEBSITE ENABLING USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF DYNDNS OR ANY DYNDNS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

    THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DYNDNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. SOME JURISDICTIONS MIGHT NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS DAMAGES, IF ANY, SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

    WITHOUT IN ANY WAY LIMITING ANY OF THE FOREGOING PROVISIONS IN THIS SECTION 9, YOU FURTHER UNDERSTAND AND AGREE THAT DYNDNS DISCLAIMS ANY AND ALL LOSSES OR LIABILITIES ARISING OR RESULTING FROM ANY: (I) ERRORS, OMISSIONS OR MISSTATEMENTS BY DYNDNS; (II) UPDATING OR PROCESSING YOUR PERSONAL INFORMATION OR OTHER INFORMATION REGARDING YOUR DYNDNS ACCOUNT; (III) UNINTENTIONAL DISCLOSURE (INCLUDING AS A RESULT OF THEFT) OF YOUR PERSONAL INFORMATION; (IV) DELAY OR INTERRUPTION OF THE SERVICE OR ANY WEBSITE(S) USED IN CONNECTION WITH OR IN SUPPORT OF YOUR USE OF THE SERVICE; (V) NON-DELIVERY OR MIS-DELIVERY OF DATA TRANSMITTED BETWEEN YOU AND DYNDNS; (VI) FAILURE, FOR ANY REASON(S), TO RENEW OR CONTINUE THE SERVICE; (VII) DELETION OF OR FAILURE TO STORE, PROCESS OR ACT UPON ELECTRONIC OR REGULAR MAIL MESSAGES FORWARDED TO YOU OR ANY DOMAIN NAME REGISTERED IN YOUR NAME; (VIII) UNAUTHORIZED USE OF YOUR DYNDNS ACCOUNT OR OF THE SERVICE; AND/OR (IX) ANY ACT OR OMISSION BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).

  10. INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless DynDNS, and any affiliate, subsidiary, or parent corporations it may have, its/their shareholders, directors, officers, employees, representatives, and agents, and all their respective successors, assigns, estates and heirs, from and against any third party action, claim, demand, cause of action, damages, expenses, debts, or liability, including reasonable attorneys' fees and costs, arising from or relating to: (A) this Agreement; (B) the Service or any DynDNS website(s) connected with the Service; (C) any account You may have with DynDNS in connection with the Service; (D) any domain name DynDNS registers on Your behalf or which DynDNS applies the Service to on Your behalf; (E) Your negligence or willful misconduct, and/or (F) any dispute arising in connection with the Dispute Resolution Policy.

  11. OWNERSHIP OF INTELLECTUAL PROPERTY

    DynDNS owns all rights and title in and to this Agreement, the business process effectuating the Service and the DynDNS website(s) associated with the Service (the "DynDNS IP"). You are prohibited from using the DynDNS IP unless You have received specific prior written consent by DynDNS for the use. This Agreement does not grant You any right in, or license to, any copyright, trademark or other proprietary right in or to the DynDNS IP.

  12. MISCELLANEOUS

    1. Notice.
      1. Notice to You. All notices from DynDNS to You will be sent to the electronic mail address You provided to DynDNS as part of Your Personal Information. Notices by electronic mail shall be deemed effective twenty-four (24) hours after the electronic mail is sent by DynDNS, unless DynDNS receives express written notice that the message was not delivered, in which case DynDNS may make a Second Delivery Attempt, and if it does, You agree to be charged in accordance with the prices set out in Exhibit B.
      2. Notice to DynDNS. All notices from You to DynDNS shall be sent via certified mail, postage prepaid, return receipt requested or traceable courier to:
        Dynamic Network Services, Inc.
        1230 Elm Street, 5th Floor
        Manchester, NH 03101
        Attn: Secret Registration ServiceSM Customer Service

        With a copy to:

        Sheehan Phinney Bass + Green, P.A.
        1000 Elm Street, 17th Floor
        Manchester, NH 03101
        Attn: Graham J. Chynoweth, Esq.
        Such notice sent to DynDNS shall be deemed effective five (5) days after the date of mailing if mailed from an address within the continental United States and ten (10) days after the date of mailing if mailed from an address outside the continental United States.
    2. Governing Law and Venue. This Agreement shall, in all respects, be governed by and construed in accordance with, the internal laws of the State of New Hampshire, without giving effect to its conflict of law provisions. All actions with respect to matters arising under this Agreement shall be maintained only in the federal and state courts located in the State of New Hampshire and the parties hereto consent to the exclusive jurisdiction of such courts for these purposes.
    3. Term of Agreement. The term of this Agreement shall continue in full force and effect until such time as DynDNS no longer applies the Service to any domain name it registers on Your behalf.
    4. Survival. Section 4 (YOUR REPRESENTATIONS AND WARRANTIES), Section 5 (COMMUNICATIONS FORWARDING), Section 8 (DISCLAIMER OF WARRANTIES), Section 9 (LIMITATION OF LIABILITY), Section 10 (INDEMNIFICATION), Section 11 (OWNERSHIP OF INTELLECTUAL PROPERTY) and Section 12 (MISCELLANEOUS) shall survive any expiration or termination of this Agreement.
    5. Waiver. No waiver of any term or condition of this Agreement shall be construed as a waiver of any other term or condition, nor shall any waiver of any default under this Agreement be construed as a waiver of any other default. No waiver by DynDNS of any provision hereof or any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, course of dealing with respect to, or partial exercise of any right or remedy hereunder, shall constitute a waiver of any other right or remedy, or future exercise thereof.
    6. Severability. If any provision, or portion thereof, of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions of this Agreement, and each such provision, or portion thereof, is hereby declared to be separate, severable and distinct and You and DynDNS shall use their best efforts to agree upon a substitute provision or provisions that comport or comports, as closely as possible, with the intent and effect of the stricken provision(s), and failing that, the court shall construe the Agreement so as to achieve, to the extent possible, the intention of the stricken provision(s) had it/they remained.
    7. Construction. Headings are used in this Agreement solely for convenience and shall not be deemed to affect in any manner the meaning or intent of this Agreement or any provision hereof.
    8. Entire Agreement. This Agreement, together with all documents referenced herein, which are hereby incorporated as a part hereof, constitute the complete and exclusive statement of all mutual understandings between You and DynDNS with respect to the subject matter hereof, and supersedes all other prior or contemporaneous agreements, communications, and understandings, oral or written. You acknowledge that You have not been induced to enter into this Agreement by any representations or promises that are not specifically stated herein.

    Exhibit A

    DynDNS Secret Registration ServiceSM Standardized Contact Information

    ItemInformation Displayed
    Contact ID"Secret Registration"
    Contact Name"Yourdomainname"*
    Contact Organization"Yourdomainname"*
    Contact Address
    City, State/Province, Country and Contact Postal Code     		"c/o Yourdomainname"*
    "816 Elm Street Box 606"
    "Manchester, NH 03101"
    Contact Phone Number"(603) 712-4016"
    Contact Facsimile NumberThis field will be intentionally left blank
    Contact Electronic Mail Address"Yourdomainname@secretregistration.com"*

    * The actual Standardized Contact Information provided for use in the WHOIS database will not include the word "yourdomainname", but rather the domain name that DynDNS registers on Your behalf.

    Exhibit B

    Second Delivery Attempt Fee

    Destination Address Fee
    Within the continental United States $10.00
    Not within the continental United States $25.00