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SAMPLE Domain Name Ownership Coverage Policy

Please read this Domain Name Ownership Coverage Policy to determine each of the parties rights and duties, as well as what is covered and what is not covered. Some provisions in the policy restrict or limit coverage.

Throughout the Domain Name Ownership Coverage Policy, the words you and your refer to the policyholder (typically the Domain Name Owner) shown in the Declaration page of this policy. The words we, us, and our, refer to DNProtect and/or Epik, or the company providing the coverage.

Warranty Agreement

We rely on statements that you made in the application for domain name ownership coverage. Upon your payment of the premium when due, we will provide coverage as specifically described in this policy for your internet domain name as shown on the declaration page of this policy.

Benefits are subject to terms, conditions, limitations and exclusions of this policy and the amount of coverage specified on the declaration page of the policy. Coverage is in effect at the time and date shown on the declaration page and subject to the waiting periods described in the Exclusions and Limitations section.

What We Cover

Reimbursement of services associated with the recovery or update of the ownership of an internet domain name.

A. Changes to data in a covered domain name’s WHOIS record. This includes and is limited to changes made to the WHOIS record of a covered internet domain name without the domain name owner’s (your) knowledge or permission. Changes to the Owner, Technical, and Billing contacts, as well as the name servers listed in the WHOIS record are covered.

B. UDRP Domain Name Disputes. In the event that a UDRP or domain name dispute is filed against a covered domain name, you are responsible for notifying DNProtect within 48 hours that a UDRP or domain name dispute has been filed. The policy covers the defending of the domain name, which may include the hiring of a qualified (partner) law firm or attorney at the choice and discretion of DNProtect. Failure to notify DNProtect of the filing of a UDRP or domain name dispute against a covered domain name within 48 hours may result in the loss of coverage for the UDRP or domain dispute.

C. Lawsuits or legal proceedings related to domain name trademark violations. In the event the owner of a covered domain name is named in a lawsuit or legal proceeding regarding a trademark violation regarding the domain name, you are responsible for notifying DNProtect within 48 hours. The policy covers the domain name only—content on a website or web pages (or web pages that used to appear on the domain name if they have been removed). The policy also covers the defending of the domain name, which may include the hiring of a qualified (partner) law firm or attorney at the choice and discretion of DNProtect.

This policy shall not cover services or fees incurred that are in excess of the amount of coverage. All covered domain names must comply with ICANN guidelines.

Lifetime Limit

The maximum amount you may claim while coverage is in force with respect to one covered domain name. The Lifetime Limit is shown on the declaration page. Subject to the maximum limit, there are no limits on the number of claims per year. However, in any case, the total amount (cost to defend claims) shall not exceed the amount of coverage of the policy.

Deductible

Claims covered under this policy are not subject to any deductibles, and there are no fees required to file a claim. However, DNProtect reserves the right to require additional fees if DNProtect is not notified within 48 hours of any issue that results in a claim.

Monthly Premium

Your monthly premium is set forth on your declaration page. Monthly premiums may change for all policyholders to reflect changes in typical legal costs or as the business environment and the domain name industry changes. DNProtect makes every effort to keep premiums at the same monthly and annual rate. We will notify you at least (60) days in advance of such change. Late fees, continuation of coverage, and reinstatement fees may be charged, and appear on the declaration page.

Changes to Your Coverage

Your coverage, monthly premiums, and any other fees will not change due to the number of claims or your claims experience.

Exclusions and Limitations

General Exclusions

  • Annual registration and registration fees of the domain name. DNProtect and its affiliated companies and partners are not responsible for fees associated with the annual renewal of domain names covered under this policy.
  • Reinstatement fees of any type by registrars. DNProtect and its affiliated companies and partners are not responsible for fees associated with reinstatement fees of any type if the domain name is not renewed or if the domain name is put in a “hold” or “pending delete” status.
  • Domain “drop catch” or backorder domain name fees.
  • A UDRP or domain name dispute filed within (30) calendar days following the Domain Name Ownership Coverage Policy effective date.
  • Disputes between individuals or organizations that are listed in the WHOIS record. This includes, for example, disputes between individuals or organizations who are separately listed in the domain name’s owner, technical, and billing contacts.
  • Domain names that contain false or incorrect data in the WHOIS record.
  • Domain names that change ownership. Covered domain names that change ownership are not automatically covered by the policy. To continue coverage with the new owner, the new owner must contact DNProtect about the change of ownership and arrange for a continuation of coverage. Failure to notify DNProtect within 48 hours of the domain name ownership change can cause a cancellation of coverage, effective at the date and time the WHOIS record was changed to reflect the new domain name owner.
  • Domain names that contain trademarks whose owner is not affiliated with the trademark holder. This includes previous employees, partners, and any individuals or organizations that used to work with, associated with, or were hired by the current trademark holder at any time.

Pre-Existing Conditions

We do not cover pre-existing conditions. This includes issues or problems with the domain name, such as domain name ownership issues, pre-existing UDRPs that have been filed prior to the effective date, and any legal issues that have been filed in a court of law or legal issues that have been assigned to an arbitration forum or arbitrator before the effective date.

Preventive and Other Exclusions

We do not cover fees associated with the following:

  • Web design or development of any type associated with the domain name.
  • Services related to the website hosted on the domain name. This can include website hosting, email, backups, caching, or CDN fees.
  • Installation of SSL Certificates.
  • Monitoring the website, email, or web servers associated with the covered domain name.
  • Search engine optimization, website listing, citation, or similar types of services.
  • Website software or SAAS-type services associated with the domain name or website hosted on the covered domain name.
  • Website maintenance of any type.
  • Cleaning up a website or performing maintenance on a website due to hacking, malware, negative SEO, or DDos attacks.

Limitations

There are no initial limitations on the domain name that can be covered by the Domain Name Ownership Coverage Policy. There are no Top Level Domain (TLD) limitations. However, DNProtect reserves the right to exclude and will exclude certain domain names due to conditions listed in the General Exclusions section of this policy.

General Conditions

  1. The premium is payable monthly by Direct Debit or by charge to your credit card, according to the option selected by you on the application. DNProtect reserves the right to accept payment for the premium via other payment methods as defined on our website, DNProtect.com. This policy is continued until cancelled, and will renew automatically each month as long as the premium payments are current. When you have not paid the premium, we may cancel this policy. We will let you know at least (5) days before the date cancellation takes effect. No coverage will be provided for any claim made between the premium due date and the cancellation date unless the premium payments are current.
  2. You may cancel your policy on the domain name by notifying us in writing via email, by opening a support ticket using our website or using the contact form on our website at least (5) days in advance of your next premium payment. When you cancel your policy, DNProtect will provide you with a cancellation number to verify the cancellation of your policy. It is your responsibility to ensure that you receive a cancellation number that verifies the cancellation of your policy. DNProtect is not responsible for misdirected emails or notifications of any type from you if you do not receive a cancellation number from us.
  3. You are responsible for notifying the new owner of the domain name(s) listed on the declaration page that a Domain Name Ownership Coverage Policy is in effect. The new owner must contact us in order to continue coverage.
  4. The domain name is only covered if the domain name does not redirect to or host any material that could be considered illegal or violate laws in any legal jurisdiction or is subject to the possible seizure by any governmental organization.
  5. The coverage is not automatically transferable to another domain name that is not listed in the policy declaration page. The coverage can be transferred to another policy, but the domain name holder and coverage holder must contact DNProtect in order to initiate a coverage policy transfer.
  6. You are entitled to increase or decrease the amount of coverage at any time. However, a change in the amount of coverage is subject to the same exclusions and limitations. You are entitled to the premium amount paid if there is a decrease in the amount of coverage for the covered domain name. This amount will be issued as a credit on your account, and applied to future monthly premiums unless the coverage and policy is cancelled.
  7. In the event that coverage and the policy is cancelled for a covered domain name, you are entitled to a refund of any premium amounts that have been paid in advance if your account is in good standing. If DNProtect must cancel the coverage and policy for a covered domain name that is not the fault of DNProtect, a refund will not be given for premiums that have been paid.
  8. Notice of loss must be given to DNProtect through its available contact methods, which include email, phone, or through a contact form on our website. You are responsible for notifying us within 48 hours of the time you are notified about a covered event.
  9. In the event that there is a disagreement between you and us with regard to a claim, the matter will be referred to a third party of our choosing to help mediate the issue. If the matter is not resolved, an independent third party law firm, attorney, or qualified mediator shall be appointed by us. The decision by this independent shall be final and binding on all parties.
  10. Every action or proceeding against us related to any claim under or by virtue of this contract is absolutely barred unless commenced within one year after the loss or damage occurs unless state law requires a longer period.

Additional Conditions

We may cancel this policy if we do not receive a monthly premium from you when the premium is due. In such a case, a written notice will be sent to you at your last email address known to us as well as to the email address listed on the current WHOIS record of the covered domain name. We will provide you at least (10) days’ notice of our intent to cancel the policy.

You may cancel this policy at any time by notifying us in writing via email, the contact form provided on our website, or via a support ticket. This is in accordance with the provisions listed in the General Conditions.

State Law or Local Regulations - When this policy’s provisions are in conflict with the statutes of the State or Locality of the domain name’s address on the WHOIS record, the provisions are amended to conform to such statutes.

State Law or Local Regulations - When this policy’s provisions are in conflict with the statutes of the State or Locality of the domain name’s address on the WHOIS record, the provisions are amended to conform to such statutes.

Free Look Period - If you are not satisfied with this policy within (7) days of the Policy Effective Date, you may cancel this warranty. We will refund your payment in full, as long as you have not submitted a claim.

Warranty Agreement

DNProtect provides protection for the domain name described in the policy in consideration of the payment of a premium. The warranty protection is based upon information that the domain name owner provides during the application process, as well as information DNProtect reviews during the underwriting and discovery process. This policy is a services policy. DNProtect will provide the domain name owner and policyholder services that the covered domain name and website are eligible to receive and that fall within and are subject to the Terms and Conditions and limits set forth in this policy and the policy's agreement or contract.

Definitions

The following defined words or phrases in the policy have the following meanings, unless a meaning is described in a particular coverage or endorsement.

Coverage - The warranty protection described in this policy form and on the declaration page.

Coverage Term - A twelve (12) month period that begins with the effective date of coverage and continues for twelve (12) month period thereafter.

Declaration Page - A written document comprising of this policy, which identifies the warranted entity. It also includes the policy number, along with the covered domain name with any coverage options selected. It includes the lifetime limit of coverage provided.

Policy - The terms and conditions and the most recent Declaration Page that includes any endorsements or additions that apply.

Policy Effective Date - 12:01am PST of the day following the date shown in the Declaration, subject to any applicable waiting periods as defined in the Exclusions and Limitations.

Pre-Existing Conditions - Pre-existing conditions are defined as any condition or issue related to the domain name that is covered by a claim that existed prior to the effective date of the policy. These issues or conditions are detailed in the Pre-Existing Conditions section of the policy.

WHOIS - A public record of the owner of a domain name. The WHOIS record, provided by ICANN, contains information such as the name, address, email, phone number, and administrative and technical contacts of the domain name. We rely on the information provided by ICANN at https://lookup.icann.org/.

Domain Name - The internet domain name listed on the Declaration Page.