Introduction
This Domain Registration Agreement ("Agreement") sets forth the terms and conditions of your use of domain name registration and related services ("Services") provided by Light Speed Consulting Corporation ("dotCanada.com", "we", "us", or "our"). In this Agreement, "you" and "your" refer to you and the registrant listed in the WHOIS contact information for the domain name.
You obtain the Services through dotCanada.com, which acts as the primary provider of the Services. We may utilize third-party registrars for certain top-level domains, but dotCanada.com remains your primary point of contact for all Services described herein.
1. Your Agreement
By using the Services, you agree to all terms and conditions of this Agreement, ICANN policies (as published from time to time at icann.org), any applicable registry policies for your top-level domain, the Uniform Domain Name Dispute Resolution Policy ("UDRP"), the Uniform Rapid Suspension System ("URS"), and any applicable laws or government regulations.
You explicitly agree that violation of or refusal to comply with any ICANN policy constitutes a violation of this Agreement and may result in immediate termination of this Agreement.
2. Changes to This Agreement
This Agreement may change over time, either through amendments by us, changes to ICANN policy, changes to applicable law, or otherwise. We will notify you of any material changes to this Agreement by, for example, sending email to you at your email address of record or posting notices on our website.
Your continued use of the Services indicates your consent to the changes. If you no longer agree with the terms of this Agreement, your exclusive remedies are to (a) transfer your domain name registration services to another registrar or (b) cancel your Services with us. All changes to this Agreement become valid upon publication.
3. Registrant Rights and Responsibilities
ICANN has developed, in consultation with registrars, a document that identifies important registrant rights and responsibilities. While some of the terms included do not specifically refer to registrants, they are included because of their potential importance to understanding registrar/registrant relations. You are strongly encouraged to review these Registrant Rights and Responsibilities, which can be found on the ICANN website.
4. Your Account
4.1 Account Creation and Management
You must create an account to use the Services. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords. You are solely responsible for all access to and use of your account by you or any third party.
4.2 Account Contact Information and Domain Name WHOIS Information
You must provide certain current, complete, and accurate information about yourself with respect to your account information and with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete, and accurate.
The information you are required to provide may include administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, email address, voice telephone number, and fax number. Not all data elements will be required for every domain registration, but the required elements will be detailed at the time of registration or renewal.
You may provide information regarding the nameservers assigned to your domain name(s) and, if we are providing nameserver services to you, the DNS settings for the domain name. If you do not provide complete nameserver information, or if you purchase "Name Only" Services, 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 nameserver information or until such time as you elect to upgrade from "Name Only" Services.
4.3 Data Sharing
Data required for the registration of a domain name varies by top-level domain. The required data for a domain name registration ("Minimum Data") will be presented at the time of registration or renewal. The Minimum Data will be shared with dotCanada.com and may be shared with the relevant authoritative registry services provider for your top-level domain ("TLD"). The identity of the authoritative registry services provider can be found at iana.org/whois.
The Minimum Data may include:
Name, postal address, email address, voice number, and fax number (if available) of the Registered Name Holder
Registered domain name
Names of the primary nameserver and secondary nameserver(s) for the registered domain name
Name, postal address, email address, voice number, and fax number (if available) of the administrative contact for the domain name
Name, postal address, email address, voice number, and fax number (if available) of the billing contact for the domain name
Name, postal address, email address, voice number, and fax number (if available) of the technical contact for the domain name
4.4 Account Review, Data Modification, or Deletion
To access, view, update, delete, or download data associated with your domain name registration, you must be signed into your account. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased, required for our legitimate business purposes, or required for our legal or contractual record-keeping requirements.
In some cases, when data is necessary for the provisioning of the Services, deletion of data may cancel or suspend the services you have purchased. If you have difficulty accessing your data, modifying it, or deleting it, you may request assistance by contacting our customer support.
4.5 Obligations Relating to the Account and WHOIS Contact Information
If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant 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) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement. You agree to provide this express written consent upon request.
You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or Services; counterfeiting; or any other activity in violation of any laws, rules, or regulations ("Illegal Uses").
Providing inaccurate or unreliable information, failing to update information within seven (7) days of any change, engaging in any Illegal Uses, or failing to respond for over fifteen (15) days to inquiries by us concerning the accuracy of Account and WHOIS contact information will constitute an incurable material breach of this Agreement and be a basis for suspension and/or cancellation of the Services.
You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.
4.6 Accessing Your Account
In order to change any of your Account or domain name WHOIS information, you must access your Account with dotCanada.com. It is your duty to safeguard your Account login identifier and password from any unauthorized use.
Any person in possession of your Account login identifier and password will have both the ability and your authorization to:
Modify your Account and domain name information
Initiate transfers of your domain name(s) to other registrars
Initiate information changes to your domain names
Update the DNS of your domain name(s), which may result in changes to the content associated with your domain name(s)
Take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services
We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access, disclosure, alteration, or destruction of that information. However, if we take reasonable precautions, 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.
If you contact us alleging that a third party has unauthorized access to your Account or domain names, we may charge you administrative fees, currently set at fifty dollars ($50) 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 name(s) to you.
4.7 Sharing of WHOIS Information
We will make available the domain name registration information you provide or that we otherwise maintain to the following parties:
ICANN
Any ICANN-authorized escrow service
The registry administrator(s)
Other third parties as ICANN and applicable laws may require or permit (including through web-based and other online WHOIS lookup systems)
You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. 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 targeted marketing and other purposes as required or permitted by applicable laws.
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.
5. Our Services
5.1 Domain Name Registration
We are accredited registrars with ICANN for generic top-level domain names ("gTLDs") such as .com, .net, .org, etc. ICANN oversees registrations and other aspects of the gTLDs. We also are registrars for a variety of country code top-level domain names ("ccTLDs") such as .ca, .uk, .de, etc.
Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms which end on the expiration date. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry.
We are not liable or responsible in any way for any errors, omissions, or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer a domain name registration.
You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest, and you have no such property interest in any domain name(s) which you may register with us.
5.2 Domain Registration Process
If you submit an application for pre-registration of a domain name, we do not guarantee that the domain name will be secured for you or that you will have immediate access to the domain name if secured. In the event two (2) or more pre-registration applications are received for the same domain name and the domain name is secured, all applicants will be invited to a private auction to decide who gets the domain name.
5.3 Aftermarket Domain Names
We may offer for sale domain names that are registered to third parties ("Aftermarket Domain Name(s)") in a variety of top-level domain names. All Aftermarket Domain Name registrations are offered on a first come, first served basis.
If you are the first to complete an Aftermarket Domain Name registration application for a particular domain name, including payment of the purchase price we designate, we will initiate a transfer of the relevant Aftermarket Domain Name to your Account.
If the Aftermarket Domain Name is at another domain registrar at the time of your purchase, we will transfer your purchased Aftermarket Domain Name to us at no cost to you and will add one year to the existing registration period.
Once the Aftermarket Domain Name is transferred into your Account, such Aftermarket Domain Name may not be transferred away from us to another registrar during the first sixty (60) days following the transfer, during which time the Aftermarket Domain Name may be placed on transfer lock.
5.4 Not Included in the Services
We are not responsible for determining whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringes legal rights of others.
We might be ordered by a court or arbitrator 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. Our policy is to comply with court orders from courts of competent jurisdiction(s) as well as UDRP and URS panel decisions.
5.5 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, free trials, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other free services which we may introduce from time to time ("Free Services"), we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means.
You will not be entitled to any of the proceeds we may earn as a result of such advertising. We may discontinue any Free Services at any time with or without providing you prior notice.
From time to time, we may provide you with free or low-cost domain name(s) registration services ("Promotional Name(s)"). If we do so, the services for the Promotional Name(s) will be placed in the same Account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es) of our choosing.
6. Services Provided At-Will; Termination or Suspension of Services
We may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal.
Outside of this period, we may terminate or suspend the Services at any time for cause, which, without limitation, includes:
Registration of prohibited domain name(s)
Abuse of the Services
Payment irregularities
Allegations of illegal conduct or infringement of any third party intellectual property right or other right
Failure to keep your Account or WHOIS information accurate and up-to-date
Failure to respond to inquiries from us for over fifteen (15) calendar days
Failure to comply with ICANN or registry policies
If your use of the Services involves us in a violation or alleged violation of any third party's rights or acceptable use policies
No fee refund will be made when there is a suspension or termination of Services for cause.
At any time and for any reason, we may terminate the Services thirty (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 within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or to a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro rata refund of your fees.
We reserve the right to deny, cancel, or transfer any domain name registration or transaction, or place any domain name(s) on lock, hold, or similar status, as we deem necessary, in our unlimited and sole discretion:
To protect the integrity and stability of the registry
To protect the integrity and stability of our systems
To comply with any applicable registry policies and/or procedures or ICANN rules and regulations
To comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process
To avoid any liability, civil or criminal, on our part, as well as our affiliates, subsidiaries, officers, directors, and employees
To correct mistakes by us, another registrar, or the registry in connection with the domain name
Following an occurrence of any of the prohibited activities
Per the terms of this Agreement
For the resolution of disputes concerning the domain name
7. Fees and Taxes
7.1 Payment of Fees
You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees as displayed on our website or otherwise communicated to you. In the event any of the fees for Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes.
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.
7.2 Taxes
Unless specified otherwise, the fees for the Services do not include taxes. If we are required to pay ICANN fees or sales, use, property, value-added ("VAT"), royalty, license, or other taxes based on your use of the Services, then you must pay such fees or taxes. This section does not apply to taxes based on our income.
7.3 Payment Issues
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 Services, we may suspend access to any and all Accounts you have with us and all interests in and use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems, may be assumed by us or may be terminated.
We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee. If you have an issue with credit card or other payment charges, you should contact us regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.
8. Expiration and Renewal of Services
8.1 Renewal Responsibility
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. With respect to domain name registration services, we will email a renewal notification approximately one (1) month and approximately one (1) week prior to each such domain name's expiration. In addition, if a domain name is not renewed, we will email an additional renewal notification within five (5) days after the expiration of such domain name's registration. All renewal notifications will be sent to the primary contact for the domain name.
8.2 Automatic Renewals
If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date, and we are not required to contact you to update this information in the event that an attempted transaction is not processed successfully.
Please note: for certain top-level domain names, the automatic renewal option is not available.
8.3 Expiration of a Domain Name Registration
Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry's database, we may direct the domain name to nameservers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements. We may either leave your WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
8.4 Reactivation Period Process
For a period of approximately thirty (30) days after expiration of the term of domain name registration services, we may provide a procedure by which expired domain name registration services may be renewed. This process is called the "reactivation period."
You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal process, if any, may involve additional fees which we may determine.
We may make expired domain name services available to third parties, we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time.
8.5 After the Reactivation Period
After the reactivation period, if any, we may:
Discontinue the domain name registration services at any time thereafter without notice. In which case, certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. We will participate in this process, typically called the "Redemption Grace Period" ("RGP"), for each gTLD registry administrator that provides it. We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of your ccTLD domain name registration services, and we shall not be liable therefore.
If available, RGP typically ends between thirty (30) and forty-two (42) days after the end of the reactivation period of the domain name services. The current RGP fee is displayed on our website and does not include any registration fees that may also be due. We are not obliged to contact you to alert you that the domain name registration services are being discontinued; or
Pay the registry's registration fee or otherwise provide for the registration services to be continued. In which case, we may then set the nameservers and the DNS settings for the domain name services, we may set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
We do not have to pay you any of the proceeds we may earn as a result. We are not obliged to contact you to alert you that the domain name registration services are being continued. The domain name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay the ERGP fee plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests and use of the domain name services; or
If we auctioned the domain name services to a third party, we may transfer the domain name registration services to such third party. In which case, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings.
You may recover the domain name registration services prior to the end of the reactivation period, as such reactivation period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.
9. Transfers
9.1 Domain Transfer Policy
Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, including the Registrar Transfer Dispute Resolution Policy, as well as the UDRP and URS as described in this Agreement, as these policies may be modified from time to time.
9.2 Transfer Process
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).
Only the registrant listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within sixty (60) days of initial registration, within sixty (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 losing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five (5) 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. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
9.3 Registrar Lock
Upon initial registration, we may place a "Registrar Lock" ("ClientTransferProhibited" status) on your domain name services and 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, which may be done within your Account.
9.4 Designated Agent Authorization
You explicitly authorize us 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.
10. Ownership of Information and Data
We own all database, compilation, collective, and similar rights, titles, and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database.
We own the following information for those registrations for which we are the registrar:
The original creation date of the registration
The expiration date of the registration
The name, postal address, email address, voice telephone number, and, where available, fax number of the registrant and all contacts for the domain name registration
Any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database
Any other information we generate or obtain in connection with the provision of 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.
11. Agents and Licenses
If you are registering a domain name for or on behalf of someone else, you represent that you have the authority to and will bind that person as a principal to all terms and conditions provided herein.
If you license the use of a domain name you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at law and under this Agreement including, but not limited to:
Payment obligations
Providing (and updating, as necessary) full registrant contact information
Providing (and updating, as necessary) 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
Ensuring non-infringement of any third party intellectual property rights or other rights
12. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY:
SUSPENSION OR LOSS OF THE SERVICES
USE OF THE SERVICES
INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEBSITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US
LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION
THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION
LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD
APPLICATION OF ANY DISPUTE POLICY
WE WILL NOT 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 HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS (C$400.00). BECAUSE SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Indemnity
You hereby release and agree to indemnify, defend, and hold us, ICANN, the registry operators, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and court costs, from third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants, or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services.
This includes, without limitation, infringement or alleged infringement by you or by anyone else using the Services, of any intellectual property or other right of any person or entity, or from the violation or alleged violation of any of our or ICANN's operating rules or policies relating to the Services provided.
We may seek written assurances from you in which you promise to indemnify, defend 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 any or all Services.
This indemnification is in addition to any indemnification (a) required under the UDRP, URS, or any other ICANN policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement.
14. Representations and Warranties
YOU REPRESENT AND WARRANT THAT 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 SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM.
THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE.
ALL SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES 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.
15. Dispute Resolution Policy
You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to:
The Uniform Domain Name Dispute Resolution Policy ("UDRP"), along with the UDRP Rules and all Supplemental Rules of any UDRP provider
The Uniform Rapid Suspension System ("URS"), along with the URS Rules and all Supplemental Rules of any URS provider
The UDRP and URS may be changed by ICANN (or ICANN's successor) at any time. 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 UDRP and URS in effect at the time your domain name registration is disputed by the third party.
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 and URS. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.
16. Governing Law and Jurisdiction for Disputes
16.1 Applicable Law
Except as otherwise set forth in the UDRP, URS, 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 the Province of Ontario and the federal laws of Canada applicable therein, as if the Agreement was a contract wholly entered into and wholly performed within the Province of Ontario.
16.2 Dispute Resolution
You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by arbitration in Ontario, Canada, before one arbitrator. The arbitration shall be administered according to the laws of Ontario and Canada.
16.3 Third Party Disputes
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 shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts:
Of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy
Where we are located, currently those federal or provincial courts whose geographic districts include Waterloo, Ontario, Canada
17. Additional Registry Requirements
Some registries have additional contractual requirements that you agree to by registering domain names from those registries. You are responsible for reviewing any terms and conditions applicable to or provided by such registries.
17.1 Registry-Specific Registration Policies
Each domain type (or TLD) is managed by a specific registry, which sets out its own terms and conditions of use. By registering your domain through dotCanada.com, you agree to abide by your TLD registry's rules and regulations.
TLDs are divided into 2 categories:
General TLDs (or gTLD) that are available worldwide, such as .com, .net, and .org
Country-code TLDs (or ccTLD) such as .ca, .fr and .us, that are specific to a country and might have additional presence requirements
17.2 .CA Domains
.CA domains must comply with CIRA's terms and conditions. Those wishing to register a .CA domain must comply with Canadian presence requirements.
For .CA domains registered by individuals, personal information is automatically hidden from the public WHOIS database, at no extra charge. If registering a .CA domain as a non-individual (such as a corporation or organization), personal information will be made available on the WHOIS database.
18. Notices and Communications
Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered to the Account and/or any domain name WHOIS information you have provided.
19. General Provisions
19.1 Entire Agreement
This Agreement and all applicable ICANN policies and the policies of any relevant registry including, but not limited to, the UDRP and URS, together with any and all future modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications.
19.2 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.
19.3 No 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.
19.4 Legal Age
You attest that you are of legal age to enter into this Agreement.
20. Contact Information
If you have any questions about this Domain Registration Agreement, please contact:
dotCanada.com
4-180 Northfield Drive West
Waterloo, Ontario, N2L 0C7
Email: domains@dotCanada.com
Last Modified: March 1, 2025
