Key Points: ICANN Clarification on Proxy Services and Domain Licensing
1. Registrant of Record vs. Licensee. When a domain name is registered through a proxy or privacy service, the proxy provider is technically the official registrant of the domain name. The actual user is considered a licensee, not the registrant of record.
2. Potential Liability of Proxy Services. Because the proxy service is listed as the registrant, it may bear legal liability for any misuse of the domain name by the licensee, particularly if such misuse results in harm or legal infringement.
3. Licensee Identity and Responsibilities. ICANN’s advisory clarifies that licensees do not acquire registrant status simply by using the domain name. However, registrars or proxy providers may be required to identify the licensee in certain situations to comply with applicable laws or mitigate liability.
4. Conditions for Disclosure. The advisory outlines scenarios in which a proxy service may be obligated to disclose the identity of the licensee. For instance, if a third party provides reasonable evidence of actionable harm (e.g., copyright or trademark infringement), ICANN suggests that a five-day response window may be considered reasonable for disclosure—though this remains subject to judicial or arbitral determination.
5. Non-Binding Guidance. The proposed advisory serves as guidance, not a binding rule. Ultimately, decisions regarding responsibility, disclosure timelines, and the legal status of licensees lie with courts, regulators, or arbitration panels.
This Suggested Default Contact Domain License Agreement ("Agreement") sets forth the terms and conditions under which You are granted a license to use any domain name registered through your Trustname account where the default registrant or owner contact information is listed as Suggested Default Contact (Perfect Privacy LLC). This Agreement forms part of the overarching Trustname Universal Terms of Service and applies specifically to domain name registrations involving the use of Suggested Default Contact as proxy contact details for privacy purposes.
In this Agreement, "You" and "Your" refer to You as the user of Our Services, or any agent, employee, or person authorized to act on Your behalf. "We," "Us," "Trustname," and "Our" refer to Fewmoretaps OÜ, doing business as Trustname, including its subsidiaries and affiliates. "Perfect Privacy LLC" refers to our designated privacy proxy entity acting as the registrant of record on Your behalf under this license agreement.
By using Our Services to register a domain name under the default contact information, You acknowledge and agree to be bound by the terms of this Agreement. This includes Your responsibilities as the beneficial owner of the domain name, and Your acceptance of the limitations and liabilities associated with proxy registrations under applicable ICANN policies, including RAA Section 3.7.7.3.
Suggested Default Contact Domain License Agreement
1. Proxy Registration and Beneficial Ownership
1.1. Default Setting
Unless you specifically request otherwise at the time of registration, all domain names registered through Trustname are, by default, registered using the contact information of our designated proxy privacy service:
Yan Dudko
Chief Privacy Defender
Perfect Privacy LLC
Hamilton Development Unit B
Charlestown, Nevis
St. Kitts & Nevis
Email: privacy@harakiri.org
Phone: +1 917 967 1610
1.2. Beneficial Ownership
While Perfect Privacy LLC is listed as the official registrant in the public WHOIS records, you remain the true and beneficial owner of the domain name from the moment of registration.
1.3. No Claim of Ownership
Perfect Privacy LLC acts solely as a privacy proxy and does not claim legal, financial, or operational ownership of your domain name.
2. Licensing & Rights Granted
2.1. By registering a domain name through Trustname under the default proxy configuration, you are automatically granted an exclusive, revocable, non-transferable license to use, control, and manage the domain name.
2.2. You may update the WHOIS contact information at any time via your Trustname account to formally assume registrant status and become publicly listed as the domain name owner.
2.3. Until you make such a change, you acknowledge that the domain name will remain registered to Perfect Privacy LLC in the registry operator’s records, while you retain full control and use rights.
3. Responsibility & Liability
3.1. You accept full legal responsibility for all use of the domain name, including associated websites, services, content, and any third-party interactions.
3.2. You agree to indemnify and hold harmless Trustname and Perfect Privacy LLC from any liability, legal claims, or damages arising from your use of the licensed domain.
4. Legal Disclosure & Compliance (RAA 3.7.7.3)
4.1. In accordance with ICANN’s Registrar Accreditation Agreement subsection 3.7.7.3, you agree that:
- You remain the responsible party for the domain;
- You must provide accurate and up-to-date contact information;
- You accept liability for any harm caused by the domain name's use unless you promptly disclose your identity if Trustname receives reasonable evidence of actionable harm.
4.2. "Reasonable evidence of actionable harm" may include intellectual property claims, legal takedown notices, or other formal complaints with supporting documentation. You must respond within five business days of notice.
5. Termination and Transfer
5.1. This licensing agreement remains in force until:
- You formally update your domain contact data and assume full registrant status;
- You cancel or transfer the domain name;
- Or Trustname discontinues proxy-based domain licensing.
5.2. Upon termination of this license, Trustname will, at your request or by policy, either:
- Remove proxy information and update the WHOIS record to reflect your ownership;
- Or delete the domain if no longer active.
6. Notices
Notices related to proxy use, disclosure requests, or abuse complaints may be directed to:
Perfect Privacy LLC
ATTN: Yan Dudko, Chief Privacy Defender
Hamilton Development Unit B
Charlestown, Nevis
St. Kitts & Nevis
Email: privacy@harakiri.org
Phone: +1 917 967 1610
7. Governing Law
This Agreement is governed by the laws of St. Kitts & Nevis, without regard to its conflict of laws principles.
8. Acceptance of Terms
By registering a domain through Trustname.com and accepting the use of Perfect Privacy LLC as the default registrant, you agree to be legally bound by this Domain Name License Agreement. If you disagree, you must manually update the registrant contact details at the time of registration or refrain from using our services.