This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of domain name registration and related services ("Services"). In this Agreement "you" and "your" refer to you and the registrant of the domain name. "We", "us" and "our" refer to Register.ca Inc., which will be the registrar for your domain name. "ICANN" refers to "Internet Corporation for assigned Names and Numbers". "CIRA" refers to "Canadian Internet Registration Authority". "UDRP" refers to "Uniform Domain Name Dispute Resolution Policy" adopted by ICANN. "CDRP" refers to "CIRA's Dispute Resolution Policy" applicable to dot-ca domain registrations.
We are an accredited registrar with ICANN for generic Top Level Domain Names ("gTLDs" such as .com, .net, .org, etc.). We are also a CIRA certified registrar for Canada Top Level Domain Name( .ca domain names).
If you obtain the Services first through a Primary Service Provider, with whom we have a wholesale relationship, your relationship with your Primary Service Provider may be governed by additional terms, as you and your Primary Service Provider may agree. "We", "us" and "our" does not include your Primary Service Provider, except when specifically mentioned or unless you obtained the Services directly through us.
1-YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree to all terms and conditions of this Agreement, the UDRP and CDRP and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the specific TLD registries, and governments.
2-PASSAGE OF TIME: This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to our website or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.
3-YOUR ACCOUNT: You must create an account to use the Services. Your account is typically going to be managed and/or provided by your Primary Service Provider. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party. You may use your account to access and update any data held in the registry system regarding the Registered Name Holder.
4-SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We and your Primary Service Provider may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider's ( "ISP's ") acceptable use policies, including the transmission of unsolicited bulk email. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option. If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names. No fee refund will be made when there is a suspension or termination of Service(s) for cause. At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name or risk that we may delete your domain name or suspend or modify Services to it. If we terminate Services for a reason other than cause, we will attempt to refund your fees. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name.
5-OUR SERVICES: ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see http://www.icann.org/tlds/. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry. You agree that we and your Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.
6-YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S). You further agree to indemnify, defend and hold harmless us, your Primary Service Provider, and applicable registry administrator(s) (including CIRA, Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties' directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration services you are obtaining from us.
7-NOT INCLUDED IN THE SERVICES: Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.
8-IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
9-DISPUTE RESOLUTION POLICY(Non Dot-ca Domain names): You agree to the Uniform Domain Name Dispute Resolution Policy ( "UDRP "), which is available at: http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm .
You agree that the UDRP may be changed by ICANN (or ICANN's successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
10-DISPUTE RESOLUTION POLICY(Dot-ca Domain names): You agree to CIRA's Domain Name Dispute Resolution Policy ( "CDRP "), which is available at: http://cira.ca/assets/Documents/CDRPpolicy.pdf
You agree that the CDRP may be changed by CIRA (or CIRA's successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
11-FEES: As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another. If you submit a domain registration, renewal or transfer request and later on we cannot register, renew or transfer the domain name for you for any reasons we issue you a credit equal to your payment or a refund at our full discretion. The credit can be used to register, renew or transfer of a domain name or related services. Our current registration, transfer, renewal, post expiry renewal and redemption fees are posted on our website and can be found at http://register.ca/local/html/pricing.htm
12-CREDIT CARD AND OTHER CHARGES: If you have an issue with credit card charges, you should contact your Primary Service Provider (if any), first, and us, secondarily, regarding the issue before you contact your credit card company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we and/or your Primary Service Provider may suspend access to any and all accounts you have with us and/or your Primary Service Provider and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems and/or on the systems of your Primary Service Provider shall be assumed by us or your Primary Service Provider, as the case may be. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set at $200(CAD Dollars). Reinstatement of Service(s) by your Primary Service Provider may be according to the terms, if any, between you and your Primary Service Provider relating to reinstatement.
13-ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and the DNS settings for the domain name. If you do not provide complete name-server information, you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information.
14-YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION: In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained the third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. You understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.
15-ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY: In order to change any of your account or domain name WHOIS information, you must access your account with your Primary Service Provider (if any), or your account with us. Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of you account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of $150 (CAD dollars) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.
16-TRANSFERS(Non Dot-ca Domain names): You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a "Registrar Lock " on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact your Primary Service Provider to have your domain name(s) services locked or unlocked or to obtain the EPP "AuthCode" If your Primary Service Provider is unresponsive, you may contact us to have your domain name(s) locked or unlocked or to obtain the EPP "AuthCode" though we may first contact your Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
You explicitly authorize the registrar to act as your "Designated Agent" (as defined in ICANN's transfer policy) to approve each "Change of Registrant" (as defined in ICANN's transfer policy) on your behalf.
17-TRANSFERS(Dot-ca Domain names): You agree that transfer of your domain name(s) services shall be governed by CIRA's transfer policy, available at http://www.cira.ca
18-PRIVACY POLICY: You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for other purposes as required or permitted by applicable laws. We shall not process Personal Data collected from the Registered Name Holder in any way that is incompatible with the purposes and limitations included in this document, and in our Privacy Statement.
19-OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
20-AGENTS AND LICENSES: You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
21-USE OF FREE SERVICES: In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, Advanced DNS Manager, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other services which we may introduce from time to time but for which there is not a separate fee ( "Free Services "), you agree that we may disable such Free Services for your domains to ensure the performance of our systems or protect the integrity of the data. All "Free Services" are provided to you "AS IS" without any warranty.
22-RENEWAL OF SERVICE(S): You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. We and/or your Primary Service Provider will notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain TLDs, the automatic renewal option is not available
23-EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. As per ICANN Consensus Policy ERRP , We will send notifications approximately one (1) month before the expiration of a domain name, seven (7) days before the expiration of a domain name, and three (3) days following the expiration of a domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to delete it or auto-renew it with the registry. If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of thirty (30) days during which you may re-register the domain name from us. During this grace period, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This parked or default page may feature advertisements posted by us.
If you do not renew under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services. It may be discontinued or may become available for sale and registration by any third party.
Certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we participate in this process, typically called the "Redemption Grace Period " ("RGP"). RGP typically lasts for 30 days. The typical RGP fee is $100 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued beyond the three reminders indicated previously. We will comply with any UDRP decision or court order presented to us. A UDRP decision or court order may require us to restore an expired domain name and place that domain in a registrar hold and lock status.
24-INCONSISTENCIES WITH CIRA (Only applies to dot-ca Domain names): In the event that this Agreement may be inconsistent with any term, condition , policy or procedure of CIRA, the term, condition, policy or procedure of CIRA shall prevail.
25-LIMITATION OF LIABILITY: YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 CAD Dollars).
26-INDEMNITY: With respect to ICANN, the registry operators, us, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP.
27-REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU "AS IS " AND WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
28-GOVERNING LAW AND JURISDICTION FOR DISPUTES: Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Canada and the Province of Ontario, as if the Agreement was a contract wholly entered into and wholly performed within the Province of Ontario. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in Toronto, Ontario courts. You consent to the personal and subject matter jurisdiction of any Provincial or Federal court in Toronto, Ontario in relation to any dispute between you and us under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where we are located, currently Toronto, Ontario.
29-NOTICES: You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
30-INFANCY: You attest that you are of legal age to enter into this Agreement.
31-ENTIRETY: You agree that this Agreement and the UDRP and CDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
32-NON-AGENCY: Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
33-NON-WAIVER: The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
34-SEVERABILITY: In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
35-ADDITIONAL REGISTRY REQUIREMENTS: Additional registry policies may apply for certain TLDs. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or may be introduced in the future.
---Additional Registry Requirements dot-ca
As per the agreement between CIRA and the registrar, the following provisions are included in any agreement between the Dot-ca Registrar and any such dot-ca Registrant:
(a) CIRA may, at its option, extend any period for the registration of a Domain
Name at no charge to the Registrar or the Registrant for such further period
of time as CIRA may determine, in its sole discretion;
(b) The Registrant acknowledges and agrees that CIRA shall not be liable to
the Registrant for any loss, damage, or expense arising out of CIRA's failure
or refusal to register a Domain Name, CIRA's failure or refusal to renew a Domain
Name Registration, CIRA's registration of a Domain Name, CIRA's failure or refusal
to renew a Domain Name Registration, CIRA's renewal of a Domain Name Registration,
CIRA's failure or refusal to transfer a Domain Name Registration, CIRA's transfer
of a Domain Name Registration, CIRA's failure or refusal to maintain or modify
a Domain Name Registration, CIRA's maintenance of a Domain Name Registration,
CIRA's modification of a Domain Name Registration, CIRA's failure to cancel
a Domain Name Registration or CIRA's cancellation of a Domain Name Registration
from the Registry;
(c) In no event shall the Registrant pursue any Claim against CIRA and in no
event shall CIRA be liable for any direct, indirect, special, punitive, exemplary
or consequential damages including, but not limited to, damages resulting from
loss of use, lost profits, lost business revenue, or third party damages or
arising from any breach by the Registrar of its obligations under any agreement
between the Registrar and a Registrant or the Registrar Agreement between CIRA
and the Registrar;
(d) Registration of the Registrant's selected Domain Name in its first application
to CIRA shall not be effective until the Registrant has entered into and agreed
to be bound by CIRA's Registrant Agreement;
(e) The Registrar shall immediately give notice to the Registrant in the event
that the Registrar is no longer a CIRA Certified Registrar, has had its certification
as a CIRA Certified Registrar suspended or terminated, or the Registrar Agreement
between CIRA and the Registrar is terminated or expires. CIRA may post notice
of such suspension, termination, or expiry on its website and may, if CIRA deems
appropriate, give notice to the Registrants thereof;
(f) In the event that the Registrar is no longer a CIRA Certified Registrar,
has had its certification as a CIRA Certified Registrar suspended or terminated
or in the event the Registrar Agreement between CIRA and the Registrar is terminated
or expires, each Registrant shall be responsible for changing its Registrar
of Record to a new CIRA Certified Registrar within thirty (30) days of the earlier
of notice thereof being given to the Registrant by (i) the Registrar or (ii)
CIRA in accordance with CIRA's then current Registry PRP; provided, however,
that if any of the Registrant's Domain Name Registration(s) is scheduled to
expire within thirty (30) days of the giving of such notice, then the Registrant
shall have thirty (30) days from the anniversary date of the registration(s),
to register with a new CIRA certified registrar and to renew such Domain Name
Registration(s) in accordance with the Registry PRP;
(g) The Registrant acknowledges and agrees that, should there be insufficient
funds prepaid by the Registrar in the CIRA Deposit Account to be applied in
payment of any Fees, CIRA may in its sole discretion stop accepting applications
for Domain Name Registrations from the Registrar, stop effecting registrations
of Domain Names and transfers, renewals, modifications, and cancellations of
Domain Name Registrations requested by the Registrar and stop performing other
billable transactions requested by the Registrar not paid in full and CIRA may
terminate the Registrar Agreement between CIRA and the Registrar;
(h) The Registrant shall not, directly or indirectly, through registration or
use of its Domain Name or otherwise: (i) violate or contribute to the violation
of the intellectual property rights or other rights of any other Person; (ii)
defame or contribute to the defamation of any other Person; or(iii) unlawfully
discriminate or contribute to the unlawful discrimination of any other Person;
(i) The Registrant agrees that CIRA shall not be responsible for the use of
any Domain Name in the Registry and that CIRA shall not be responsible in any
way whatsoever for any conflict or dispute with or any actual or threatened
Claim against a Registrar or a Registrant, including one relating to a registered
or unregistered trade-mark, a corporate, business, or other trade-name, rights
relating to a name or other identifying indicium of an individual or any other
intellectual property rights of a third party or relating to the defamation
of or unlawful discrimination with respect to any other Person;
(j) CIRA shall have the right, at any time and from time to time, acting reasonably,
to amend the Registrar Agreement between CIRA and the Registrar, and any or
all of the Registry PRP and to adopt new Registry PRP not yet in effect. Any
such amendment will be binding and effective on the Registrar thirty (30) days
after CIRA gives notice of such amendment by email to the Registrar. The Registrar
and the Registrant agree to promptly amend the agreement between the Registrar
and the Registrant to reflect any amendments to Section 4.2 of the Registrar
Agreement between CIRA and the Registrar;
(k) The Registrant acknowledges and agrees that registration of a Domain Name
does not create any proprietary right for any Registrant, the Registrar, or
any other Person in the name used as a Domain Name or the Domain Name Registration
and that the entry of a Domain Name in the Registry or in the WHOIS shall not
be construed as evidence or ownership of the Domain Name registered as a Domain
Name. The Registrant shall not in any way transfer or purport to transfer a
proprietary right in any Domain Name Registration or grant or purport to grant
as security or in any other manner encumber or purport to encumber a Domain
Name Registration;
(l) The Registrant further acknowledges and agrees that the Registrar may make
changes to the Administrative Contact details at any time without having to
comply with the change of critical information approval process (as set out
in the applicable Registry PRP), provided the Registrant has granted the Registrant's
Registrar the authority to do so and has not revoked said authority. If the
Registrant has two or more Registrars, only one of the Registrant's Registrars
may be granted said authority. The Registrant may at any time revoke said authority
or provide said authority to another of the Registrant's Registrars;
(m) The Registrant acknowledges and agrees that the Registrant's Registrar may,
in accordance with the applicable Registry PRP, cancel the Registrant's Domain
Name Registrations within seven (7) days of Activation and cancel the renewal
of the Registrant's Domain Name Registration provided that the renewal term
has not yet commenced; and
(n) The Registrant acknowledges and agrees that, provided the Registrar complies
with the Registry PRP which deals with "Charge-Backs" and the Registrar
is not in default under its Registrar Agreement, the Registrar may, without
the Registrant's consent, request a refund of certain Registration Fees and
request CIRA to cancel the Registrant's Domain Name Registration that is subject
to the request.
---Additional Registry Requirements dot-com/net
In the case of a ".com" or ".net" registration, the following
terms and conditions will apply:
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies are
subject to modification;
For the adjudication of disputes concerning or arising from use of the domain
name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile,
and (2) where Register.ca Inc.is located, presently Toronto, Ontario.
---Additional Registry Requirements dot-org
In the case of a ".org" registration, the following terms and conditions
will apply:
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Dom ain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies are
subject to modification;
For the adjudication of disputes concerning or arising from use of the domain
name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile,
and (2) where Register.ca Inc. is located, presently Toronto, Ontario.
---Additional Registry Requirements dot-biz
In the case of a ".biz" registration, the following terms and conditions
will apply:
.biz Restrictions. Registrations in the .biz top-level domain must be used or
intended to be used primarily for bona fide business or commercial purposes.
For the purposes of the .biz registration restrictions, "bona fide business
or commercial use" shall mean the bona fide use or bona fide intent to
use the domain name or any content, software, materials, graphics or other information
thereon, to permit Internet users to access one or more host computers through
the DNS: (A) to exchange goods, services, or property of any kind; (B) in the
ordinary course of business; or (C) to facilitate (i) the exchange of goods,
services, information or property of any kind; or (ii) the ordinary course of
trade or business.
For more information on the .biz restrictions, which are incorporated herein
by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
Selection of a Domain Name. You represent that: (A) the data provided in the
domain name registration application is true, correct, up to date and complete,
and that you will continue to keep all of the information provided correct,
up-to-date and complete; (B) to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which it is directly or
indirectly to be used infringes upon the legal rights of a third party; (C)
that the domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever; (D) the registered domain name
will be used primarily for bona fide business or commercial purposes and not
(a) exclusively for personal use, or (b) solely for the purposes of (1) selling,
trading or leasing the domain name for compensation, or (2) the unsolicited
offering to sell, trade or lease the domain name for compensation; (E) you have
the authority to enter into this Registration Agreement; and (F) the registered
domain name is reasonably related to your business or intended commercial purpose
at the time of registration.
Provision of Registration Data. As part of the registration process, you are
required to provide us with certain information and to keep the information
true, current, complete, and accurate at all times. The information includes
the following: (A) your full name; (B) your postal address; (C) your e-mail
address; (D) your voice telephone number; (E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in the case of a registrant
that is an organization, association, or corporation; (G) the IP addresses of
the primary nameserver and any secondary nameserver for the domain name; (H)
the corresponding names of the primary and secondary nameservers; (I) the full
name, postal address, e-mail address, voice telephone number, and, when available,
fax number of the administrative, technical, and billing contacts, and the name
holder for the domain name; and (J) any remark concerning the domain name that
should appear in the Whois directory. (K) You agree and understand that the
foregoing registration data will be publicly available and accessible on the
Whois directory as required by ICANN and/or registry policies, and may be sold
in bulk in accordance with the ICANN agreement.
Domain Name Disputes. You acknowledge having read and understood and agree to
be bound by the terms and conditions of the following documents, as they may
be amended from time to time, which are hereby incorporated and made an integral
part of this Agreement: (A) The Uniform Domain Name Dispute Resolution Policy
("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
The Dispute Policy sets forth the terms and conditions in connection with a
dispute between a Registrant and any party other than the Registry or Registrar
over the registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name
is not used primarily for business or commercial purposes shall be endorsed
on a case-by-case, fact specific basis by an independent ICANN-accredited dispute
provider.
For the adjudication of disputes concerning or arising from use of the domain
name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile,
and (2) where Register.ca Inc. is located, presently Toronto, Ontario.
---Additional Registry Requirements dot-info
In the case of a ".info" registration, the following terms and conditions
will apply:
Registrant's Personal Data. You consent to the use, copying, distribution, publication,
modification, and other processing of Registrant's personal data by Afilias,
the .INFO registry, and its designees and agents, in a manner consistent with
the purposes specified pursuant to its contract;
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies are
subject to modification;
For the adjudication of disputes concerning or arising from use of the domain
name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile,
and (2) where Register.ca Inc. is located, presently Toronto, Ontario;
Reservation of Rights. Register.ca Inc. and Afilias expressly reserve the right to deny,
cancel, transfer, or modify any registration that either registrar or Afilias
deems necessary, at its discretion, to protect the integrity and stability of
the registry, to comply with any applicable law, any government rule or requirement,
any request of law enforcement, any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of the registrar and/or Afilias,
as well as their affiliates, subsidiaries, executives, directors, officers,
managers, employees, consultants, and agents. The registrar and Afilias also
reserve the right to suspend a domain name or its registration data during resolution
of a dispute.
---Additional Registry Requirements dot-eu
In the case of a ".eu" registration, the following terms and conditions
shall apply:
Eligibility Criteria. .eu domain names are available for registration to companies
and persons who fulfill the following criteria. As a condition of registration,
you accordingly represent that you are: (A) an undertaking having its registered
office, central administration or principal place of business within the European
Community; (B) an organization established within the European Community without
prejudice to the application of national law, or (C) a natural person resident
within the European Community.
Registry Policy. You acknowledge and understand that by accepting the terms
and conditions of this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website. Registration policies of the Registry and the
terms and conditions applicable to your .eu registration may be found at: http://www.eurid.eu/files/trm_con_EN.pdf.
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a revision or modification to
any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation.
Domain Name Disputes. You agree that, if the registration or reservation of
your domain name is challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of law.
---Additional Registry Requirements dot-tel
In the case of a ".tel" registration, the following
terms and conditions shall apply:
Registry Policy. You acknowledge and understand that by accepting the terms
and conditions of this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://telnic.com/downloads/AUP.pdf. You are
responsible for monitoring the Registry's site on a regular basis. In the event
that you do not wish to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies are
subject to modification;
For the adjudication of disputes concerning or arising from use of the domain
name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile,
and (2) where Register.ca Inc.is located, presently Toronto, Ontario.
---Additional Registry Requirements dot-asia
In the case of a ".asia" registration, the following
terms apply:
The Registered Name Holder/Registrant consents to the use, copying, distribution,
publication, modification and other processing of its Personal Data by DotAsia
Organisation Limited and its designees and agents in a manner consistent with
the purposes specified pursuant to the Registry-Registrar Agreement and with
relevant mandatory local data protection, laws and privacy.
The Registered Name Holder/Registrant agrees to correct and update the registration
information for the Registered Name immediately during the registration term
for the Registered Name.
In addition to the complying with the Registrar's policies, the Registered Name
Holder/Registrant* agrees to comply with those ICANN requirements, standards,
policies, procedures, and practices for which the Registry Operator DotAsia
Organisation Limited has monitoring responsibility in accordance with the Registry
Agreement or with other arrangements with ICANN.
The Registered Name Holder/Registrant agrees to comply with all the operational
standards, policies, procedures, and practices for the .ASIA Registry as established
from time to time in a non-arbitrary manner by DotAsia Organisation Limited
(".ASIA Registry Policies"). The Registered Name Holder/Registrant
acknowledges that .ASIA Registry Policies are applicable to all registrars and/or
registered name holders/registrants. Any changes of the .ASIA Registry Policies
by the DotAsia Organisation Limited that are consistent with the Registry Agreement
shall be effective upon thirty (30) days' notice by DotAsia Organisation Limited
to Registrar. The Registered Name Holder/Registrant further agrees to be bound
by the terms and conditions as set down by DotAsia Organisation Limited during
the initial launch and the general operations of the .ASIA TLD, including without
limitation its Start-Up Policies where such terms and conditions include the
submission to a binding arbitration for disputes arising from the Start-Up process
or any allocation of domain names.
The Registered Name Holder/Registrant agrees to submit to proceedings commenced
under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP")
and to proceedings commenced under ICANN's Charter Eligibility Dispute Resolution
Policy ("CEDRP"). The Registered Name Holder/Registrant agrees to
submit to proceedings commenced under other dispute resolution policies as set
forth by DotAsia Organisation Limited from time to time in the Registry Policies,
including but not limited to expedited processes for suspension of a domain
name by claims sought by intellectual property right holders, Internet engineering
and security experts or other competent claimants in the purpose of upholding
the stability, security and integrity of the .ASIA Registry.
The Registered Name Holder/Registrant acknowledges and agrees to comply with
the .ASIA Charter Eligibility Requirement. The Registered Name Holder/Registrant*
acting as Registrant Contact represents and warrants that it has made known
to the Charter Eligibility Declaration Contact (the "CED Contact"),
and the CED Contact has agreed, that the Registrant Contact and the CED Contact
will jointly be defined as the Registered Name Holder, and that it shall be
jointly responsible for the Registered Name in the event of a dispute or a challenge
over the Registered Name Holder/Registrant's* legal entitlement to or the ownership
of the Registered Name. The CED Contact shall be bound by the provisions in
the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy
published from time to time. Registered Name Holder/Registrant acting as Registrant
Contact agrees that it has obtained an agreement from the CED Contact that the
Registrant Contact shall remain the Operating Contact for all operations of
the domain, including but not limited to domain transfer and updates.
The Registered Name Holder/Registrant agrees to indemnify, to the maximum extent
permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation
Limited and its directors, officers, employees and agents from and against any
and all claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses, arising out of or relating to the Registered Name Holder's
domain name registration and or use. Notwithstanding the other provisions in
this Agreement, the Registered Name Holder agrees that this indemnification
obligation shall survive the termination or expiration of this registration
agreement.
The Registered Name Holder/Registrant acknowledges and agrees that DotAsia Organisation
Limited and Registry Services Provider, acting in consent with DotAsia Organisation
Limited, reserves the right to deny, cancel or transfer any registration that
it deems necessary, in its sole discretion (i) to protect the integrity security,
and stability of the registry; (ii) to comply with all appropriate laws, government
rules or requirements, requests of law enforcement, in compliance with any dispute
resolution process; (iii) to avoid any liability, civil or criminal, on the
part of DotAsia Organisation Limited as well as its affiliates, subsidiaries,
officers, directors, representatives, employees, and stockholders; (iv) for
violations of the terms and conditions herein: or (v) to correct mistakes made
by DotAsia Organisation Limited, the Registry Services Provider or any registrar
in connection with a domain name registration. DotAsia Organisation Limited
also reserves the right to freeze a Registered Name such as placing a domain
name on hold, lock, or other status during the resolution of a dispute.
Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation
Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended
third party beneficiary of this Agreement. As such, the parties to this Agreement
acknowledge and agree that the third party beneficiary rights of DotAsia Organisation
Limited have vested and that it has relied on its third party beneficiary rights
under this Agreement in agreeing to Register.ca Inc. being a registrar for the
.ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation
Limited shall survive any termination or expiration of this Agreement.
The Registered Name Holder/Registrant acknowledges that in the event of conflict
between this section of the Agreement and other sections of the same, this section
shall prevail.
For the adjudication of disputes concerning or arising from use of the domain
name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile,
and (2) where Register.ca Inc. is located, presently Toronto, Ontario.
---Additional Registry Requirements dot-ventures/holdings/singles/clothing/guru/bike/plumbing/camera/lighting/equipment/estate/graphics/gallery/photography
In the case of a .VENTURES, .HOLDINGS, .SINGLES, .CLOTHING,
.GURU, .BIKE, .PLUMBING, .CAMERA, .LIGHTING, .EQUIPMENT, .ESTATE, .GRAPHICS,
.GALLERY, .PHOTOGRAPHY registration, the following conditions apply:
You agree to the Donuts Inc. Acceptable Use and Anti-Abuse Policy, located at
http://www.donuts.co/policies/acceptable-use/
You acknowledge that TLDs offered by Donuts Inc. will have non-uniform renewal
registration pricing, such that the fee for a domain name registration renewal
may differ from other domain names in the same or other Donuts TLDs.