This WHOIS Privacy & Proxy Service Agreement (“Agreement”) is entered into by and between Atom Registrar (“Atom”, “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”). This Agreement governs your use of Atom’s WHOIS Privacy Service (the “Privacy Service”) and, where applicable in the future, the Proxy Service (collectively, the “Services”).
1. Scope
This Agreement applies to your registration of domain names through Atom Registrar where you elect to enable the Privacy Service. Atom provides this service at no additional cost for eligible TLDs that permit privacy masking. Availability may vary depending on registry policy. The Privacy Service replaces your contact data in the public WHOIS/RDAP output with substitute contact information managed by Atom, while retaining your actual registration data internally in compliance with ICANN’s Registration Data Policy (RDP).
2. Provider Entity
The Privacy Service is currently operated by Atom Registrar, the same legal entity providing domain registration services. Atom reserves the right to designate or transfer operation of the Privacy or Proxy Services to a separate entity in the future without materially affecting your rights or obligations under this Agreement.
3. How the Privacy Service Works
When you enable the Privacy Service, Atom will:
- replace your registrant name, organization, address, phone number, and email with Atom Privacy Service contact details;
- retain your underlying registration data internally; and
- forward communications to you via email relay or other appropriate means.
4. Communication Relay
Atom provides a message relay system that allows third parties to contact you without revealing your personal data. Relay messages are automatically forwarded to your registrant email address on record. Atom may, at its discretion, block or discard spam, malicious, or irrelevant communications.
5. Disclosure (Reveal) Policy
Atom may disclose your underlying registrant data (“Reveal”) under the following industry-standard conditions:
- Pursuant to a valid court order, subpoena, or law enforcement request;
- In response to a verified report of abuse such as spam, phishing, malware, or child exploitation;
- In connection with a UDRP or URS proceeding;
- To comply with ICANN, registry, or legal obligations; or
- With your explicit consent.
Atom will review and respond to valid requests promptly and in good faith, consistent with applicable law.
6. Eligibility and Limitations
Privacy Service is available only for TLDs that permit privacy masking. Some ccTLDs or specialized TLDs may prohibit or limit privacy/proxy services. Atom automatically disables privacy where not allowed by the registry.
7. Marketplace and Lease to Own Plan Domains
If you purchase a domain through Atom’s marketplace under a Lease to Own plan, Atom may hold title to the domain name as the registrant of record until full payment is received. During this holding period:
- Privacy Service will remain active;
- You will be designated as the beneficial owner;
- The domain cannot be transferred out or modified without Atom’s approval; and
- If payments are not completed, Atom may reclaim the domain per the marketplace terms.
8. Customer Responsibilities
You must maintain accurate underlying registration data and promptly update any changes. Misuse of the Privacy Service (including use for illegal activity, spam, or rights infringement) may result in suspension or cancellation of the service and disclosure to appropriate authorities.
9. Fees
Atom provides the Privacy Service free of charge for supported TLDs. Future introduction of fees, if any, will be communicated in advance via Atom’s website and renewal notices.
10. Termination
Atom may terminate or suspend the Privacy Service for any domain if required by law, registry policy, abuse findings, or upon termination of your registration. Upon termination, your underlying contact data will again appear in WHOIS/RDAP unless restricted by applicable data protection laws.
11. Disclaimer and Limitation of Liability
Atom provides the Privacy Service “AS IS” without warranties of any kind. Atom’s maximum liability to you for any claim related to this Agreement shall not exceed the total amount paid for the domain name registration during the preceding twelve (12) months. Atom is not liable for damages arising from disclosure or non-delivery of communications relayed under this service.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regard to conflict of laws principles. The parties agree that any dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois.
13. Amendment
Atom may modify this Agreement from time to time. Updated versions will be posted on Atom’s legal page and become effective upon posting. Your continued use of the Privacy Service after such updates constitutes acceptance of the revised terms.
