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1. IN THIS REGISTRATION AGREEMENT ("Agreement"), "Registrant", "you"
and "your" refers to the Registrant of each domain name registration, "we", "us"
and "our" refers to Payless Domains Inc., and "Services" refers to the domain
name registration services provided by us as offered through Payless Domains,
the Registration Service Provider ("Reseller"). Any reference to a "registry,"
"Registry" or "Registry Operator" shall refer to the registry administrator of
the applicable TLD or ccTLD. This Agreement explains our obligations to you, and
explains your obligations to us for the Services. By agreeing to the terms and
conditions set forth in this Agreement, you are also agreeing to be bound by the
rules and regulations set forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot
guarantee that you will obtain a desired domain name registration, even if an
inquiry indicates that a domain name is available at the time of your
application for same. You represent that, to the best of the your knowledge and
belief, neither the registration of the domain name nor the manner in which it
is directly or indirectly to be used, infringes upon the legal rights of a third
party and further, that the domain name is not being registered for nor shall it
at any time whatsoever be used for any unlawful purpose. During the period
following registration of a domain name and the appointment of active name
servers, we may post a stagnant web page and any revenues generated from same
shall be for our own account.
3. FEES. As consideration for the Services, you agree to pay Reseller the
applicable service(s) fees prior to the effectiveness of a desired domain name
registration or any renewal thereof. All fees payable hereunder are
non-refundable even if your domain name registration is suspended, cancelled or
transferred prior to the end of your current registration term. As further
consideration for the Services, you agree to: (1) provide certain current,
complete and accurate information about you as required by the registration
process, and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred to as
account information ("Account Information"). You represent that the Account
Information and all other statements put forth in your application are true,
complete and accurate. Both Payless Domains and each registry reserves the
right to terminate your domain name registration if: (i) information provided by
you or your agent is false, inaccurate, incomplete, unreliable, misleading or
otherwise secretive; or (ii) you have failed to maintain, update and keep your
Account Information true, current, complete, accurate and reliable. You
acknowledge that a breach of this Section 3 will constitute a material breach of
our Agreement, which will entitle either us or a registry to terminate this
Agreement immediately upon such breach without any refund and without notice to
you.
4. TERM. This Agreement will remain in effect during the term of your
domain name registration as selected, recorded and paid for at the time of
registration or any renewal thereof. Should the domain name be transferred to
another registrar, the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of
registering and administering domain names is constantly evolving; therefore,
you agree that Payless Domains may modify this Agreement, or any other
related and/or applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or individual, as well as
to adjust to changing circumstances. All amendments to this Agreement will be
posted on our website. Your continued use of the domain name registered to you
will constitute your acceptance of this Agreement with any revisions. If you do
not agree to any change, you may request that your domain name registration be
cancelled or transferred to a different accredited registrar. You agree that
such cancellation or request for transfer will be your exclusive remedy if you
do not wish to abide by any change to this Agreement, or any other related
and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use the Account Identifier and Password that you
selected when you opened your account with us. You agree to safeguard your
Account Identifier and Password from any unauthorized use. In no event shall we
be liable for the unauthorized use or misuse of your Account Identifier or
Password.
7. NO GUARANTY. You acknowledge that registration or reservation of your
chosen domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
8. 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 in the dispute policy adopted by the
applicable registry. You 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 contained in the applicable policy. If Payless Domains
is notified that a complaint has been filed with a judicial or administrative
body regarding your domain name, Payless Domains may, at its sole
discretion, suspend your ability to use your domain name or to make
modifications to your registration records until (i) Payless Domains is
directed to do so by the judicial or administrative body, or (ii) Payless Domains
receives notification by you and the other party contesting your domain that the
dispute has been settled. Furthermore, you agree that if you are subject to
litigation regarding your registration or use of your domain name, Payless Domains
may deposit control of your registration record into the registry of the
judicial body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Payless Domains,
registry, ICANN or government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a Payless Domains, registry,
ICANN or government-adopted policy, (1) to correct mistakes by us or a registry
in registering the name or (2) for the resolution of disputes concerning the
domain name.
10. AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information and for
providing and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the domain name. You shall accept liability for harm caused by
wrongful use of the domain name. You represent that you will secure the
agreement of any third party to the terms and conditions in this Agreement.
11. ANNOUNCEMENTS. We reserve the right to distribute information to you
that is pertinent to the quality or operation of our services and those of our
service partners. These announcements will be predominately informative in
nature and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for the initial registration of your domain name. Payless Domains and
its directors, employees, affiliates, subsidiaries, agents and third party
providers, ICANN and the applicable registries shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such states,
our liability is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or liability
resulting from data non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we will not be
liable for any loss of registration and use of your domain name, or for
interruption of business, or 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.
13. INDEMNITY. You agree to release, indemnify, and hold Payless Domains,
its contractors, agents, employees, officers, directors and affiliates, ICANN,
the applicable registries and their respective directors, officers, employees,
agents and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties arising out of or relating to the
registration or use of the domain name registered in your name, whether used by
yourself, licensed to a third party or pursuant to the Whois Privacy Service,
including without limitation infringement by you or a third party with access to
your Account Identifier and Password. You also agree to release, indemnify and
hold us harmless pursuant to the terms and conditions contained in the
applicable Dispute Policy. When we are threatened with suit by a third party, we
may seek written assurances from you concerning your promise to indemnify us;
your failure to provide those assurances may be considered by us to be a breach
of your Agreement and may result in the suspension or cancellation of your
domain name. This indemnification obligation will survive the termination or
expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois
shall be the registered name holder. The person named as Administrative contact
at the time the controlling Account Identifier and Password are secured, shall
be deemed the designate of the Registrant with the authority to manage the
domain name. You agree that prior to transferring ownership of your domain name
to another person (the "Transferee") you shall require the Transferee to agree,
in writing to be bound by all the terms and conditions of this Agreement. If the
Transferee fails to be bound in a reasonable fashion (as determine by us in our
sole discretion) to the terms and conditions in this Agreement, any such
transfer will be null and void.
15. RENEWALS AND FORFEITURE. 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. 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 assume the registration and may
hold it for our own account, delete it or we may sell it to a third party. You
acknowledge and agree that your right and interest in a domain name ceases upon
its expiration and that any expired domain name may be made available for
registration by a third party.
If you fail to renew your registration, 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 for our own account.
If we have elected to renew the registration, you will be entitled to a grace
period during which you may re-register the domain name from us. Additional
costs may apply. During this grace period, we may post a parked page and/or may
revise the "Whois" registration records to include either our information or
that of your Reseller. The domain name may also be listed for auction. If the
name is sold during any such auction, it will be acquired by a third party on a
provisional basis and will remain available for re-registration by you during
our stated grace period. If you do not re-register the domain name during the
grace period, the auction sale will be concluded and you will receive a share of
the proceeds received from the new registrant. Payless Domains will send
an email to the last address you have provided advising you of the sale and your
interest in same. At present, we agree to pay you forty (40) per cent of the net
proceeds of any such auction. You will have one (1) year following the issue of
the email to claim your share of the proceeds. Any amounts not claimed within
one (1) year will be deemed to have been abandoned by you and will be deposited
by us for our own account.
If you fail to renew your domain name registration during the grace period, you
acknowledge that you have abandoned the domain name and that it is available for
sale and registration by any third party.
16. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided by us,
may be considered by us to be a material breach and that we may provide a
written notice, describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence, which is
reasonably satisfactory to us, that you have not breached your obligations under
the Agreement, then we may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused simply because we
did not act earlier in response to that, or any other breach by you.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on an "as
is," "as available" basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do we make
any warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded or otherwise
obtained through the use of 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
the Service or any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required to
provide us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate. You are
obliged to provide us the following information:
- a. your name and postal address (or, if different, that of the domain name
holder);
- b. the domain name being registered;
- c. the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
- d. the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name; and
- e. the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the technical contact for the domain name.
Any voluntary information we request is collected in order that we can continue
to improve the products and services offered to you through your Reseller.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you provide
available to ICANN, to the registry administrators, law enforcement agencies and
to other third parties as applicable. You further agree and acknowledge that we
may make publicly available, or directly available to third party vendors, some
or all, of the domain name registration information you provide, for purposes of
inspection (such as through our Whois service) or other purposes as required or
permitted by ICANN and applicable laws.
- a. You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of your
registration 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 your
domain name registration information by us.
- b. You may access your domain name registration information in our possession to
review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your Reseller.
- c. We will not process or maintain data about any identified or identifiable
natural person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
- d. We will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized disclosure, alteration or destruction of
that information.
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed to the
email address of the registrant, the administrative, billing or technical
contact appearing in the Whois directory with respect to a domain name
concerning the accuracy of contact details associated with the registration
shall constitute a material breach of this Agreement and be a basis for
cancellation of the domain name registration. Any information collected by us
concerning an identified or identifiable natural person ("Personal Data") will
be used in connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by ICANN or an
applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to deny,
cancel, suspend, transfer or modify any domain name registration to correct a
mistake, protect the integrity and stability of the company and any applicable
registry, to comply with any applicable laws, government rules, or requirements,
requests of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal. You agree that we shall not be
liable to you for loss or damages that may result from our refusal to register
or cancel, suspend, transfer or modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this
Agreement may be inconsistent with any term, condition, policy or procedure of
an applicable registry, the term, condition, policy or procedure of the
applicable registry shall prevail.
23. NON-WAIVER. Our failure to require performance by you 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.
24. NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail or via
regular mail. In the case of e-mail, valid notice shall only have been deemed to
be given when an electronic confirmation of delivery has been obtained by the
sender. E-mail notification to Payless Domains must be sent to helpdesk@paylessdomains.ca.
Any notice to you will be sent to the e-mail address provided by you in your
Whois record. Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be
deemed to have been delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been validly and effectively
given five (5) business days after the date of mailing Postal notices to Payless Domains
shall be sent to:
Payless Domains Inc.
Registrant Services
107-85 Curlew Drive
Toronto, Ontario M3A 2P8
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified in
the "Administrative Contact" in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by Payless Domains and any
applicable registry or other governing authority, are the complete and exclusive
agreement between you and us regarding our Services.
26. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL
LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF
LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU
IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
27. INFANCY. You attest that you are of legal age to enter into this
Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor the
applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause beyond
our reasonable control, including but not limited to, acts of God, acts of civil
or military authority, fires, wars, riots, earthquakes, storms, typhoons and
floods.
29. PRIVACY. Information collected about you is subject to the terms of Payless Domains'
privacy policy, the terms of which are hereby incorporated by reference. Payless Domains'
privacy policy can be found at: http://www.paylessdomains.ca/content/privacy.php.
30. CONTROLLING LANGUAGE. In the event that you are reading this
Agreement in a language other than the English language, you acknowledge and
agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
31. TLD'S. The following additional provisions apply to any domain names
that you register through Payless Domains with the various registries:
- a. .com/net Domains: In the case of a ".com" or ".net" registration, the
following terms and conditions will apply:
- i. 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;
- ii. 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 Payless Domains is located, presently
Toronto, Ontario.
- b. .org Domains: In the case of a ".org" registration, the following terms and
conditions will apply:
- i. (i) 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;
- ii. 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 Payless Domains is located, presently
Toronto, Ontario.
- c. .info Domains: In the case of a ".info" registration, the following terms and
conditions will apply:
- i. 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;
- ii. 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;
- iii. 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 Payless Domains is located, presently
Toronto, Ontario;
- iv. Reservation of Rights. Payless Domains 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.
- d. .biz Domains: In the case of a ".biz" registration, the following terms and
conditions will apply:
- i. .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.
- ii. 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.
- iii. 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.
- iv. 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").
- v. 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.
- vi. 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.
- vii. 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 Payless Domains is located, presently
Toronto, Ontario.
32. ccTLD'S
- a. .ca Domains. In the case of a ".ca" registration, the following terms
and conditions will apply:
- i. Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you agree
to be bound by the Dispute Policy, which is incorporated herein and made a part
of this Agreement by reference. The current version of the Dispute Policy may be
found at http://www.cira.ca/en/cat_Dpr.html. Please take the time to familiarize
yourself with this policy.
- ii. Registry Policy. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with a Registry adopted policy, (1) to correct mistakes by Payless Domains
or the Registry in registering the name or (2) for the resolution of disputes
concerning the domain name.
- iii. Transfer of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry policies and
procedures.
- iv. Registry Agreement and Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by the
Registry's Registrant Agreement, the Registry's policies and any pertinent rules
or policies that exist now or in the future and which are posted on the Registry
website at http://www.cira.ca/en/doc_Registrar.html. 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 agreement or
policy, your sole remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
- v. You acknowledge and agree that the Registry shall not be liable to you for
any loss, damage, or expense arising out of the Registry's failure or refusal to
register a domain name, it's failure or refusal to renew a domain name
registration, it's registration of a domain name, it's failure or refusal to
renew a domain name registration, it's renewal of a domain name registration,
it's failure or refusal to transfer a domain name registration, it's transfer of
a domain name registration, it's failure or refusal to maintain or modify a
domain name registration, it's maintenance of a domain name registration, it's
modification of a domain name registration, it's failure to cancel a domain name
registration or it's cancellation of a domain name registration from the
Registry;
- b. .us Domains. In the case of a ".us" registration, the following terms
and conditions will apply:
- i. "DOC" means the United States of America Department of Commerce.
- ii. ".us Nexus Requirement". Only those individuals or organizations that have a
substantive lawful connection in the United States are permitted to register for
.usTLD domain names. Registrants in the .usTLD must satisfy the nexus
requirement ("Nexus" or "Nexus Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
- iii. Selection of a Domain Name. You certify and represent that:
- A. You have and shall continue to have, a bona fide presence in the United
States on the basis of real and substantial lawful contacts with, or lawful
activities in, the United States as defined in Section (ii) hereinabove;
- B. The listed name servers are located within the United States;
- C. 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;
- D. 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;
- E. That the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
- F. You have the authority to enter into this Registration Agreement.
- iv. Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you agree
to be bound by the Dispute Policy and the usDRP, as defined below, that is
incorporated herein and made a part of this Agreement by reference. Please take
the time to familiarize yourself with these policies.
- v. 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 Nexus Dispute Policy ("Dispute Policy"), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity to
challenge a registration not complying with the Nexus Requirements.
- B. The usTLD Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark infringement.
- C. In addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you shall
submit, without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (i) of your domicile, (ii) where Payless Domains
is located, and (iii) the United States.
- vi. Policy. You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any Payless Domains,
Registry Operator, the DOC or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a DOC or
government-adopted policy, (1) to correct mistakes by us or the applicable
Registry in registering the name or (2) for the resolution of disputes
concerning the domain name. The Registry Operator's policies can be found at
http://www.neustar.us/policies.
- vii. Indemnity. The DOC shall be added to the parties you have agreed to
indemnify in Section 13 hereinabove.
- viii. Information. As part of the registration process, you are required to
provide us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate. You are
obliged to provide us the following information:
- A. Your full name, postal address, e-mail address and telephone number and fax
number (if available) (or, if different, that of the domain name holder);
- B. The domain name being registered;
- C. The name, postal address, e-mail address, and telephone number and fax number
(if available) telephone numbers of the administrative contact, the technical
contact and the billing contact for the domain name;
- D. The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name;
- ix. In addition to the foregoing, you will be required to provide additional
Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration, is voluntary.
Any voluntary information we request is collected for the purpose of improving
the products and services offered to you through your Reseller.
- x. Disclosure and Use of the Registration Information. You agree and acknowledge
that we will make domain name registration information you provide available to
the DOC, to the Registry Operator, and to other third parties as applicable. You
further agree and acknowledge that we may make publicly available, or directly
available to third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through our Whois
service) or other purposes as required or permitted by the DOC and applicable
laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of your
registration 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 your
domain name registration information by us.
You may access your domain name registration information in our possession to
review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your Reseller.
We will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure, alteration or
destruction of that information.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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