Updated July 14, 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These terms and any policies incorporated by reference herein (collectively, the “Agreement”) are a binding contract between you (referred to herein as “you”, “your”, and “Client”) and PDN Domain Names LLC (“Proxy Domain Names” or “PDN”). By checking the appropriate box indicating that you agree during registration, or by otherwise registering for the PDN service (whether directly through PDN or via a PDN affiliated registrar), you hereby signify your agreement to the following terms and conditions and any policies referenced herein (collectively, the “Agreement”). To the extent that you are signing up for the Service (as defined below) and agreeing to this Agreement on behalf of a company, you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and the company. In addition to the terms of the Agreement, you agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers (“ICANN”) including its Uniform Domain Name Dispute Resolution Policy, and your registrar.
1. PRIVATE REGISTRATION SERVICES.
1.1 Service Description. Subject to the terms herein, the PDN service (the “Service”) allows its clients to keep certain information regarding the elected domain name registration (the “Domain Registration”) from being publicly available in the WHOIS directory, populating said directory with proxy contact information provided by PDN instead. Users of the Service will have the WHOIS directory populated with following information rather than their own personal information for the Domain Registration:
a. PDN’s name as the registrant name;
b. A proxy e-mail address, phone number, and postal address for the registrant’s contact information;
c. A proxy postal address and phone number for the technical contact;
d. A proxy e-mail address, postal address, and phone number for the administrative contact;
e. A proxy e-mail address, postal address, and phone number for the billing contact;
f. Primary and secondary domain name servers as designated by the Client;
g. The domain name’s original date of registration and its registration expiration date; and
h. The identity of the registrar.
1.2 Client Rights. Subject to the terms herein, despite its information not being present in the WHOIS directory for the Domain Registration, Client shall retain the full rights and benefits of domain name registration, including the following:
a. The right to sell, transfer, or assign the Domain Registration (subject to cancellation of the Service for the Domain Registration);
b. The right to control the use of the Domain Registration, including the designation of the primary and secondary domain name servers to which the domain name points;
c. The right to cancel the Domain Registration;
d. The right to cancel the Service associated with the Domain Registration so that Client’s information is listed in the WHOIS directory rather than the proxy information; and
e. The right to renew each Domain Registration, subject to the applicable registrar’s policies.
2. CLIENT OBLIGATIONS.
2.1 Personal Information. Client agrees to provide accurate information for each Domain Registration, and to keep such information current throughout the registration period thereof, including but not limited to the following: registrant contact information, administrative contact information, technical contact information, billing contact information, and any identification documents required by the applicable registrar and/or registry.
Client agrees to notify PDN, through the registrar on file, within three (3) days of any changes to its contact information and/or identification documents; and to respond to inquiries made by PDN to validate such information within three (3) days. Client further agrees to respond to correspondence from PDN in a timely manner.
Misrepresentation of your identity or the ownership of the account information used with the Service shall be a material breach of the terms herein and may be a violation of applicable law. You shall not create an account for any person or entity other than yourself or for the company or business that you represent. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or the company or business you represent, to agree to this Agreement. You shall indemnify PDN from and against any action, claim, damages, expense, or other loss arising from or relating to the inaccuracy or incompleteness of your (or the company or business you represent’s) information.
2.2 Changes to Domain Registrations. Client agrees to appoint, and hereby does appoint, PDN as Client’s Designated Agent (as defined below) with respect to changes to Client’s Domain Registration, including but not limited to those arising from the addition or cancellation of services, a change to a Domain Registration’s contact information, or a change of the registrant of a Domain Registration.
“Designated Agent” means an individual or entity that a domain name registrant or its assignee expressly authorizes to enact a change to a domain name registration on its behalf.
2.3 Payments. Service fees shall be charged by the registration service provider at the then-current rates. Rates shall be as published on the registration service provider’s website and may change at any time. Service fees for renewals shall be determined on the date of renewal. Additional fees may apply upon changes to the domain name registrant information. No refunds shall be provided upon termination or suspension of the service, or the deletion or transfer of the domain name.
PDN and/or the registrar may pursue all available remedies in order to obtain payment upon any failure to charge the full amounts due, or upon any chargeback of fees. PDN may suspend or terminate any Service provided to you upon any failure to charge all fees due per the foregoing.
2.4 Account Credentials. You shall use no less than reasonable efforts to maintain the security of your Service credentials. You agree not to transfer your account to any third-party. You shall be solely responsible for use of your credentials and/or your account by any third-party. You must notify PDN upon becoming aware of any breach or suspected breach of the security of your account.
2.5 Reps and Warranties. Client hereby represents and warrants that: a.) all information provided by Client to PDN is truthful, complete, and accurate; b.) Client is using PDN’s domain registration information proxy service in good faith; c.) Client’s Domain Registration, including but not limited to the domain name, does not infringe upon or otherwise misappropriate any rights of any third-party; d.) Client’s use of the Domain Registration, including but not limited to the domain name, shall be used solely for legal purposes, and shall not be used in connection with the transmission of spam, or for the distribution or use of any viruses, worms, bugs, Trojan horses, or other code, files, or programs for the disruption or damage of any software or hardware.
2.6 Administrative Fees. PDN may charge Client reasonable fees for the administration of its account (the “Administrative Fees), including but not limited to for any of the following:
a. tasks PDN may perform outside the normal scope of its Services;
b. additional time and/or costs PDN may incur in providing its Services;
c. time and/or costs arising from or related to your non-compliance with the Agreement (as determined by PDN in its sole and absolute discretion);
d. customer service issues that require additional time and attention;
e. accounting or legal services, whether performed by PDN staff or by outside firms retained by PDN;
f. costs and fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or payment processor;
These administrative fees or processing fees will be billed to the Payment Method the Client has on file with the Registrar.
3. TERMINATION, SUSPENSION, AND RENEWALS OF THE SERVICE.
3.1 PDN’s Right to Suspend or Terminate the Service. PDN may, in its sole and absolute discretion and without any liability to Client, to terminate the Service and make Client’s information available in the WHOIS directory upon any of the following:
a. when required by law;
b. in order to comply with legal process served upon PDN;
c. to comply with ICANN rules, policies, or procedures;
d. Client’s failure to respond to PDN’s correspondence or any correspondence forwarded to Client by PDN; or
e. If PDN is named as a defendant in, or is investigated in anticipation of, any legal or administrative proceeding arising out of Client’s Domain Registration or use of the Service.
3.2 Other Actions by PDN. PDN may, in its sole and absolute discretion and without any liability to Client, take any action it deems necessary, including but not limited to the suspension or termination of Client’s Service and/or any other services provided by PDN to Client, the disclosure of Client’s information, and the population of the WHOIS directory with Client’s information:
a. if the Client uses the Service in any manner that is contrary to any applicable laws, policies, regulations, or the terms of this Agreement
b. if the Client performs any activities that are not generally accepted in the relevant industry;
c. to protect and to comply with registration requirements;
d. to comply with any terms, conditions, and/or policies of the applicable domain name registry provider;
e. to comply with any applicable laws, government rules, or requirements, subpoenas, court orders, or requests of law enforcement or any governing body;
f. to comply with ICANN's Dispute Resolution Policy, ICANN's Change of Registrant Policy, or any other applicable ICANN policy;
g. to avoid any financial loss or legal liability (civil or criminal) on the part of PDN, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, and/or employees;
h. if the domain name of the Domain Registration violates or infringes (or potentially violates or infringes, in PDN’s sole discretion) a third party's trademark, trade name, intellectual property rights, or other legal rights; and
i. if the Client´s website or email contains any material which is obscene, offensive, upsetting, defamatory, insulting, racist, abusive or otherwise violates any applicable law or regulation, including but not limited the local laws of any jurisdiction where the website is accessible.
For the avoidance of doubt, no fees shall be refunded to Client upon any termination pursuant to this Section 3.
3.3 Renewals. The Service shall be automatically renewed at the end of each Service term unless terminated by the registrant.
4.1 Submission of Subpoenas. You must serve PDN with a valid subpoena in order to retrieve the identity of any customer of the Service in connection with any legal matter, whether civil or criminal.
All such subpoenas shall be served to:
PDN Proxy Domain Names
24A Trolley Square
Wilmington, DE 19806
Copies may be sent to:
FAX: +1 (305) 675 - 2956
Attn: Compliance Department
4.2 Notice Upon Receipt of Subpoena. Upon being validly served with a subpoena, PDN shall notify the customer whose information is sought via e-mail or mail. If the circumstances do not amount to an emergency, PDN will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. PDN reserves the right to charge an administration fee to the customer by charging the payment method the customer has on file with PDN or with the registrar.
4.3 Fees. You agree and understand that PDN will invoice the person or entity submitting the civil subpoena for costs associated with compliance therewith. Payment must be made within thirty (30) days from the date of receipt of the PDN invoice.
5. COMMUNICATIONS FORWARDING.
5.1 Correspondence Forwarding Service. Subject to the terms herein, Domain Registrations enrolled in the Service have their WHOIS directory entries populated with proxy information supplied by PDN. Consequently, PDN will receiving communications on Client’s behalf and forward them thereto. Client agrees that PDN may read, review, and use the information contained in any such communications to forward them to Client. The Client agrees to, and hereby does, waive all claims arising from failure to receive correspondence sent to the Client at the contact information displayed in the WHOIS directory, including, but not limited to, legal notices or UDRP complaints.
5.2 Mail Forwarding. Only communications received by certified or traceable courier mail (such as UPS, FedEx, or DHL), or first-class U.S. postal mail shall be forwarded. Client acknowledges that PDN may not forward other mail. Client authorizes PDN to either discard or destroy any mail, or return it to sender unopened, in its sole discretion.
Forwarded mail will be scanned and sent to the Client via the email address on file for the specified domain name. The Client shall have five (5) days from the forwarding date to request a hardcopy thereof. Expenses arising therefrom shall be borne by Client. PDN will inform the Client via email of the applicable expenses and will charge the credit card on file of the registrar. Payment is due prior to the forwarding. Client acknowledges that all mail received on Client’s behalf may be destroyed at PDN’s sole discretion five (5) days after its receipt by PDN.
5.3 E-mail forwarding. PDN will filter e-mails received on Client’s behalf for spam and then forward them to Client’s e-mail address on file.
6. ADDITIONAL TERMS.
6.2 Third-Party Content and Services. You acknowledge and agree that content and links that you come across via the Service may be provided by third-parties and may include and point to content outside of PDN’s control (“Third-Party Content”). PDN shall have no liability whatsoever for any such Third-Party Content, or any third-party fees you may incur by accessing such Third-Party Content, and you hereby release PDN from any claims related to or arising therefrom. PDN may remove access to Third-Party Content at its sole discretion.
6.3 Other Use Restrictions. You agree that you will use the Service for your own internal business operations only. You will not: a.) allow third-parties to exploit the Service; b.) provide Service passwords or other login information to any third-party; c.) share non-public Service features or content with any third-party; d.) access the Service in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Service, or to copy any ideas, features, functions or graphics of the Service; or e.) make any representations or warranties regarding the Service without the prior written authorization of PDN. You agree to adhere to the Issue Reporting and Escalation Policy at the following link https://proxy-domain.com/reporting-policy, which is hereby incorporated into this Agreement by reference.
6.4 Consent to Messages. You hereby consent to receive from PDN Service related messages, marketing, and/or advertising for additional services, events, affiliate products, and services through the mediums of electronic mail, printed mails, phone calls, text messages (carrier fees may apply), social media messages, messages via the PDN platform, and/or any other medium.
By providing us with your e-mail address or other contact information, you consent to PDN sending you informational messages related to the products, services, or information you have requested from us via such medium.
You may opt-out of future marketing and advertising from PDN at any time through either express written notice, or by clicking on the applicable unsubscribe links contained in any such material.
6.5 Fees and Payment Terms. Fees and payment terms for the Service shall be as published. All fees are exclusive of any taxes, duties, or other amounts, including without limitation, value added and withholding taxes, which are levied or based upon such charges, or upon this Agreement, by any government. Any taxes related to the Service will be paid by you unless you present an exemption certificate acceptable to the applicable taxing authorities. PDN may suspend your access to the Service upon your failure to pay any fees when due, or upon any delinquency of your account.
7. CUSTOMER INFORMATION AND PRIVACY.
8. WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY.
8.1 Warranty Disclaimer. Other than the express warranties contained within this Agreement, the Service is provided to you without warranty of any kind, whether express or implied. PDN SPECIFICALLY EXCLUDES AND DISCLAIMS WARRANTIES OF NONINFRINGEMENT, TITLE, THE WARRANTY OF MERCHANTABILITY, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
8.2 Damages Limitation. IN NO EVENT SHALL PDN BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, COSTS OF CAPITAL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DOWNTIME COSTS, LOSS OR IMPAIRMENT OF DATA AND OTHER BUSINESS LOSS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER PDN KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.
8.3 Limitation of Liability. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PDN TO CLIENT ARISING FROM OR RELATED TO THIS AGREEMENT, CLIENT’S DOMAIN NAME REGISTRATION, PDN'S SERVICES, CLIENT’S USE OR INABILITY TO USE THE SERVICE OR THE MATERIALS AND CONTENT THEREOF OR ANY OTHER WEBSITES LINKED THERETO, OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO PDN OR ANY THIRD PARTY, EXCEED THE GREATER OF THE TOTAL OF FEES RECEIVED BY PDN FROM YOU DURING THE 3-MONTH PERIOD PRECEDING THE ACTION GIVING RISE TO THE CLAIM AND $500 USD.
TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT THE LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICE AS DESCRIBED HEREIN, YOU AGREE THAT PDN DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8.4 Disclaimer. YOU FURTHER UNDERSTAND AND AGREE THAT PDN DISCLAIMS, AND YOU HEREBY RELEASE PDN FROM, ANY LOSS OR LIABILITY RESULTING FROM:
a. THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
b. ACCESS DELAYS OR INTERRUPTIONS TO OUR WEBSITE OR THE WEBSITES OF OUR AFFILIATED REGISTRARS;
c. DATA NON-DELIVERY OF MIS-DELIVERY BETWEEN YOU AND PDN;
d. THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION;
e. THE UNAUTHORIZED USE OF YOUR PDN ACCOUNT OR ANY OF PDN'S SERVICES;
f. ERRORS, OMISSIONS OR MISSTATEMENTS BY PDN;
g. DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED TO EITHER YOU OR YOUR PRIVATE DOMAIN NAME REGISTRATION;
h. PROCESSING OF UPDATED INFORMATION REGARDING YOUR PDN ACCOUNT; AND/OR
i. ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT).
8.5 Risk Allocation. The provisions herein allocate risks of loss or failure between you and PDN. The provisions contained in this Agreement reflect this allocation of risk and the disclaimer and limitations of liability contained herein.
9. RIGHTS OF PDN.
9.1 Changes to the Service. PDN may, at its sole discretion, change or remove some or all Service functionality at any time. PDN reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that PDN will not be liable to you for any loss of availability of the Service, interruption of the Service, delay, or failure to perform.
9.2 Change to the Agreement. PDN reserves the right to amend this Agreement at any time. If amendments constitute a material change to the Agreement, to be determined at the sole discretion of PDN, PDN will notify you via e-mail or via a conspicuous notice on the Service. Should you disagree with such changes, your sole recourse shall be to terminate your use of the Service. Your continued use of the Service shall signify your agreement to any such modifications.
9.3 Refusal of Service. PDN reserves the right to refuse service to anyone for any reason at any time. PDN may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in PDN’s sole determination you violate any provision of this Agreement, or for no reason.
9.4 Trademarks. All PDN graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of PDN. PDN reserves all rights in said trademarks and service marks and no rights therein are granted or transferred hereunder. You shall not use any of PDN’s trademarks or service marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
9.5 Copyrights. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the information contained on the Service (the “Contents”) without the prior written permission of PDN. You may only display, download, or print the Contents as an internal or personal business resource for the purpose of using the Service.
Contents includes, but is not limited to, images, illustrations, designs, photographs, video clips, text, graphics, written information and other materials.
10.1 Indemnity. You agree to indemnify and hold harmless PDN, its subsidiaries, Affiliates, officers, directors, agents, and employees (collectively, the “Indemnitees”), harmless from any claim, loss, damage, demand, or liability (including attorney’s fees; collectively, “Claims”) arising out of or related to your use of the Service, your violation of any law or the rights of any third-party, or your breach of any term or warranty within this Agreement or any document incorporated herein by reference.
“Affiliate” means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.
11.1 Governing Law. This Agreement shall be governed in all respects by the laws and judicial decisions of Maricopa County, Arizona, excluding its conflicts of laws rules. Except as provided immediately below, Client agrees that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of Maricopa County, Arizona. For the adjudication of domain name registration disputes, Client agrees to submit to the exclusive jurisdiction and venue of the U.S. District Court for the District of Arizona located in Phoenix, Arizona. Client agrees to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement.
11.2 Severability. In the event that any one or more of the provisions of this Agreement is for any reason held to be illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
11.3 Entire Agreement. This Agreement is the entire agreement between the parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations or discussions between the parties relating to this Agreement.
11.4 Headings. Headings included in this Agreement are for convenience only and are not to be used to interpret the provisions of the Agreement between the parties.
11.5 Assignment. You may not assign or delegate the rights and obligations of this Agreement without the prior express written permission of PDN. PDN may unilaterally assign or delegate the rights and obligations of this Agreement at its sole discretion. The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns.
11.6 Waiver. The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
11.7 Benefit. This Agreement is made for the benefit of each of the parties and not for the benefit of any other persons.
11.8 Attorneys’ Fees. In any litigation or arbitration between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs incurred in connection with such proceedings.
11.9 No Presumption. There shall be no presumption applied against any party on the ground that such party was responsible for preparing this Agreement or any part of it.
11.10 Notices. All notices from PDN to you will be sent to your e-mail address on file. Notices by email shall be deemed effective twenty-four (24) hours after the email is sent by PDN, unless PDN receives notice that the email address is invalid, in which event PDN may give you notice via first class or certified mail, return receipt requested. All notices from you to PDN shall be sent via certified mail, return receipt requested or traceable courier to:
PDN Proxy Domain Names
24A Trolley Square
Wilmington, DE 19806
Notices sent via certified mail or traceable courier shall be deemed effective five (5) days after the date of mailing.
11.11 DMCA Notices. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by PDN infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send PDN a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to email@example.com; Subject: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.
11.12 Sub-Contractors. PDN may, at its sole discretion, engage third-party sub-contractors in connection with the provision of the Service, including without limitation the processing of payments. PDN shall limit access to your data to sub-contractors the extent necessary for such sub-contractors to perform its obligations, and shall prohibit sub-contractors from using such data for any other purpose.
11.13 Feedback. If you provide us with identification of any potential errors in, or improvements to, the Service ("Feedback"), you hereby grant us the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Service and create other products and services. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback that you consider to be confidential or proprietary.
11.14 PDN Proxy Support Services
PDN Proxy Domain Names offers support services mainly through your domain name service provider, and by email firstname.lastname@example.org or through its website https://proxy-domain.com/contact-us. If you need urgent support, we suggest contacting your registrar.
12. TERM AND TERMINATION
12.1 Term. This Agreement is effective as of date you first access the Service and shall continue in effect for the duration that PDN is listed on one or more of your domain name registrations as the registrant. Notwithstanding the foregoing, PDN may terminate this Agreement by providing you with written notice thereof.
12.2 Survival. Upon the termination of this Agreement for any reason or no reason, any provision that must survive termination to serve its essential purpose shall do so. In addition, the following sections shall survive the termination of this Agreement in perpetuity: 2, 3, 5, 6, 7, 8, 9, 10, and 11.
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