.bz Registration Agreement
Posted by Frank . on 15 February 2011 03:45 PM
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of eNom, Inc.'s ("eNom") domain name registration services to register an Internet domain name, your registration of that domain name, as well as other eNom domain name related services. In this Agreement "you" and "your" refer to each customer and "we", "us" and "our" refer to eNom. This Agreement explains our obligations to you, and explains your obligations to us for various eNom services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional eNom service(s) or to cancel your eNom service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the service(s) provided by eNom under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by eNom.
This Agreement will become effective when accepted by eNom. eNom may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.
1. Our Services:
eNom is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names (TLDs), currently .com, .net and .org. ICANN oversees registrations and other aspects of the TLDs. As an accredited domain name registrar, eNom is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for TLDs are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the TLDs, as applicable, and the registry administrator puts into effect your domain name registration. Currently, the registry administrator for the .com, .net and .org TLDs is Network Solutions, Inc.
You agree and acknowledge that eNom is 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 your application and receipt of, or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless the registry administrator and its 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, your domain name registration.
2. What We Do Not Do:
We cannot and do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should also be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and to indemnify us.
As consideration for the domain name registration services and/or other services provided by eNom to you, you agree to pay eNom, prior to the effectiveness of the desired domain name registration, the applicable service(s) fees for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. 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. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by eNom in its sole discretion). As further consideration for the eNom service(s), 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"). 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 the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to eNom as the paying entity for that registration to the registry. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200. For more information, please click here. You will be notified via an email message or via your account information when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly. You also certify that you have read the Merchant Services Agreement and agree to be bound by any and all applicable terms and conditions contained within that agreement.
4. Disclaimer and Domain Name Dispute Policy:
If you request, reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by eNom's current Disclaimer published on our site ("Disclaimer") and our current Domain Name Dispute Policy ("Dispute Policy") which are incorporated herein and made a part of this Agreement by reference. The Disclaimer can be found at http://www.enom.com/help/disclaimer.asp and the Dispute Policy can be found at http://www.enom.com/help/drp.asp. Certain disputes, as specified in the Dispute Policy, are subject to that Policy. 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 eNom harmless pursuant to the terms and conditions contained in the Dispute Policy.
5. Transfer to another Registrar:
You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with eNom. Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to: a dispute over the identity of the domain name holder; bankruptcy; and default in the payment of any fees. You have the ability to prevent a transfer to another Registrar by placing a Registrar Lock ("lock") on your domain. By having a lock status on your domain, you are providing express objection to any and all transfer requests issued from another Registrar. Should you choose to transfer to another Registrar, you must log into your account and remove the lock prior to our receipt of the transfer request from the gaining Registrar.
6. Modifications to eNom's Registration Agreement and Dispute Policy:
7. Account Information and Its Use:
a. Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update this information promptly as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail address, voice telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of all contacts for the domain name; and
You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.
All other information which we may request from you at registration is voluntary. However, not providing the requested information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
iv. Records of account for your domain name registration, including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
viii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all other activity between you and us and third parties relating to your domain name registration and related services.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over ten (10 ) calendar days to inquiries by eNom concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that eNom may or must make available to the public or to private entities, and the manner in which such information is made available.
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 and other information by eNom.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing your account at our web site (http://www.enom.com), or via a similar service. In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. You agree that any person in possession of you Account Identifier and Password will have the ability and your authorization to modify your account information. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password. eNom will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
8. Ownership of Information and Data:
You agree and acknowledge that eNom owns 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. eNom does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.
9. 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, including the Dispute Policy.
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.
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
11. Limitation of Liability:
YOU AGREE THAT ENOM WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND ENOM'S CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. ENOM ALSO 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 ENOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENOM'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). 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.
You agree to release, indemnify, and hold all Registry Operators, eNom, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the eNom services provided hereunder or your use of the eNom services, including without limitation infringement by you, or someone else using any eNom service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any eNom operating rule or policy relating to the service(s) provided. When eNom is threatened with suit by a third party, eNom may seek written assurances from you concerning your promise to indemnify eNom; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name. This indemnification is in addition to any indemnification required under the Dispute Policy.
13. Representations and Warranties:
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION 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, ENOM MAKES 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 THE ENOM'S 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. ENOM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ENOM OR THROUGH THE E-MAIL SERVICE 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.
14. Breach and Revocation:
eNom reserves the right to suspend, cancel, transfer or modify your domain name registration or suspend, cancel or modify other services we provide in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by eNom, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. 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 (including eNom) or registry administrator procedures approved by an ICANN-adopted policy, (1) to correct mistakes by eNom, another registrar or the registry administrator in administering the name or (2) for the resolution of disputes concerning the domain name.
You also agree that eNom shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as eNom receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
15. Right Of Refusal:
We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other eNom service(s), or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other eNom service(s), or we delete your domain name or other eNom service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other eNom service(s)
16. Governing Law:
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the eNom site shall be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in King County.
You agree that any notices required to be given under this Agreement by eNom to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
You attest that you are of legal age to enter into this Agreement.
This Agreement, eNom's Disclaimer and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between you and eNom, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of eNom 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 eNom of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Policy 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 Policy unenforceable or invalid as a whole. eNom will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of eNom as reflected in the original provision. This Agreement, eNom's Disclaimer and the Dispute Policy may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of eNom.
20. Additional Registry Requirements
Listed below are additional contractual requirements that you, the registrant, must agree to should you desire to register a domain name in these registries.
1. (.TV, .CC, .BZ, and .WS) In addition to the terms set forth above, the following terms shall apply to registrants of .tv, .cc, .bz, and .ws domain names. Your registration of a domain name in the .TV, .CC, .BZ, or .WS top-level domain ("New TLD Domain Name"), is subject to policies established or revised from time to time by the registry for such New TLD Domain Name ("New TLD Registry"), in its capacity as the registry for its respective Top Level Domain. Each respective New TLD Registry's current policies ("New TLD Registry Policies") are available for you to review at each New TLD's respective website. You agree to be bound by and comply with the applicable New TLD Registry Policies, including amendments and modifications thereto, with respect to your New TLD Domain Name registration. Such policies shall not alter the terms and conditions of this Agreement. To the extent there is a conflict between the New TLD Registry policies and the terms of this Agreement, the terms of this Service Agreement shall prevail. You agree that the New TLD Registry has the right to enforce the New TLD Registry Policies.
2. (.INFO) Should you seek to register a .INFO second level domain name you, the registrant, must also agree to the following terms:
1. DEFENSIVE REGISTRATIONS
1. Representations and Warranties.
7. (.UK) In addition to the general terms and conditions of agreement with eNom listed in Sections 1 through 19 above, you agree to the following terms and conditions for registrations in .UK WITH THE FOLLOWING IMPORTANT MODIFICATION: You also agree that .uk domains which are not renewed will be deleted one day before the scheduled expiration date. For example: You register a .UK domain on April 9, 2003, for two years. Then, on April 7, 2005, you renew the domain for an additional one year. Your domain will then be scheduled to expire on April 9, 2006. If, however, you do not renew your domain on April 7, 2005, it will be deleted on April 8, 2005. The reason for this is that Nominet uses a non-real-time email-based system to make status changes in the .UK registry. The combination of this email-based system and Nominet's policy on renewals means that we will be charged for a renewal unless the name is deleted (via instructions in an email) prior to the end of the registration period which is then in effect. As a consequence, if we do not receive your renewal instructions prior to one-day before the end of the registration period, we will send the delete instruction one-day before the end of the registration period then in effect. Also, all .UK registrations are bound to a different Dispute Policy than the one outlined in section 4 above. Section 4 will still apply when registering any .UK domain however Nominet's Dispute Policy shall be applied instead of the Uniform Domain Name Dispute Resolution Policy.
8. (.CN) Should you seek to register a .CN second or third level domain name you, the registrant, must also agree to the .CN end user agreement.
2. Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes: (i) the Registered Name; (ii) the names of the primary nameserver and secondary nameserver(s) for the Registered Name; (iii) your name, postal address, e-mail address, voice telephone number and (where available) fax number; (iv) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; (v) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name; (vi) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name; (vii) any remark concerning the registered domain name that should appear in the Whois directory; and (viii) any other data CNNIC, as the Registry, requires be submitted to it. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory pursuant to the CNNC Policy. 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 the CNNIC.
3. Business or Organization Representation: The .cn top-level domain space is intended for businesses and organizations and not for individual use. By registering a .cn domain name, you hereby represent that you have registered the domain name on behalf of a business or organization.
4. Inaccurate or Unreliable Data. You hereby represent and warrant that 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 the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement.
5. Maximum Term: The maximum term for a domain name registration in the .cn TLD shall be five (5) years. Domain Name Registrations shall be available for terms of one, two, three, four and five years.
6. Prohibited Uses for .cn domain name. Registrant may not register or use a domain name that is deemed by CNNIC to:
8. Domain Name Dispute Policy. If you have registered a second or third-level .cn domain name through us, you agree to be bound by the CNNIC Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution Policy ("Dispute Policy"), http://www.cnnic.net.cn/ruler/20.shtml, which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement.
9. Domain Name Dispute Policy Modifications. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
10. Domain Name Disputes. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us, CNNIC and NeuStar, Inc.("Registry Gateway Provider"), harmless pursuant to the terms and conditions set forth in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
11. Jurisdiction. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Registrar is located, and 3) the People's Republic of China.
12. Governing Law. For the adjudication of a dispute concerning or arising from use of the domain name, such dispute shall be governed under the Laws of the Peoples Republic of China.
13. Suspension, Cancellation or Transfer. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any CNNIC adopted specification or policy, or pursuant to any registrar or CNNIC procedure not inconsistent with a CNNIC adopted specification or policy, (1) to correct mistakes by Registrar or the CNNIC in registering the name or (2) for the resolution of disputes concerning the domain name.
14. Indemnification. The Registrant shall indemnify and hold harmless the [Registrar], Registry Gateway Provider and CNNIC and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) domain name registration and (ii) use of any of a domain name.
15. Reservation by CNNIC and Registry Gateway Provider. [Registrar], the Registry Gateway Provider and CNNIC reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of CNNIC, the Registry Gateway Provider or [Registrar], as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by Registry Gateway Provider, CNNIC or any registrar in connection with a domain name registration. CNNIC, Registry Gateway Provider and [Registrar] also reserve the right to freeze a domain name during resolution of a dispute.
NEUSTAR EXPRESSLY DISCLAIMS 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. NEUSTAR MAKES NO WARRANTY THAT THESE PARAGRAPHS WILL MEET YOUR SPECIFIC REQUIREMENTS OR TO THE ACCURACY OR RELIABILITY OF THIS INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY RELIANCE ON THE MATERIAL PROVIDED HEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY USE OF SUCH MATERIAL.
9. (.TM) In addition to the general terms and conditions of agreement with eNom listed in Sections 1 through 19 above, you agree to the following terms and conditions for registrations in .TM (PDF) (Adobe Acrobat needed to view). All .TM registrations are bound to a different Dispute Policy (PDF) than the one outlined in section 4 above. Section 4 will still apply when registering any .TM domain, however, NIC.TM's Dispute Policy shall be applied instead of the Uniform Domain Name Dispute Resolution Policy. Also review the .TM Allocation And Use Rules (PDF).
10. (.CA) Registration of .CA domain names and related services are provided by eNom Canada Corporation and eNom Canada's designated contractors, agents, and assignees (collectively referred to in this Section J as "eNom Canada"), pursuant to the following terms. By submitting a request to register a .CA domain name or otherwise using any of the services provided by eNom Canada you acknowledge and signify that you have read, understood, and agreed to be bound by the terms of this Section J. The terms of this Section J include, see below, that you agree to the terms of the Canadian Internet Registration Authority's ("CIRA's") Registrant Agreement and Canadian Presence Requirements, both of which may presently be found at http://www.cira.ca/en/cat_Registration.html. By submitting a request to register a .CA domain name or otherwise using any of the services provided by eNom Canada you acknowledge and signify that you have read, understood, and agreed to be bound by the terms of CIRA's Registrant Agreement and Canadian Presence Requirements.
1. Certain Definitions. eNom Canada is an independent company providing .CA domain name registration services and such other services regarding .CA domain names as eNom Canada may provide from time to time (for the purposes of this Section J, the ".CA Services")". The term "CIRA" refers to the Canadian Internet Registration Authority, which is responsible for the operation and control of the .CA Internet domain name registry.
2. Use Restriction. You will not provide eNom Canada with false information and you must get all the necessary consents for the information provided to eNom Canada. By submitting a query to the .CA Internet domain name registry database or using the search functions regarding the .CA Internet domain name registry, you agree that you will use data obtained from the .CA Internet domain name registry only for lawful purposes and that, under no circumstances will you use data obtained from the .CA Internet domain name registry to allow, enable, or otherwise support the transmission of mass unsolicited, advertising, solicitations or viruses via e-mail. If you provide inaccurate information (including but not limited to phone number, e-mail address or postal address), eNom Canada retains the right to deactivate and/or deregister your domain name(s).
3. Revisions. You expressly acknowledge and agree that eNom Canada may update, amend or revise this Section J and impose further terms and conditions from time to time. You agree to review this Agreement and any other applicable rules or policies from time to time, to be aware of any such revisions or modifications. The revised terms and conditions will be effective as of the date of their posting on the website on which you are viewing these terms. You expressly acknowledge and agree that eNom Canada may introduce or impose further terms and conditions in respect of any service including .CA domain name services eNom Canada may provide, at any time, in eNom Canada's sole discretion. You expressly acknowledge and agree that eNom Canada may, without limiting the generality of the foregoing:
1. charge you fees, including renewal fees for the registration of your domain name whether the domain name was registered before or after the introduction of this Section J;
2. modify the fees and charge you any fees required of eNom Canada by CIRA, including late fees;
3. introduce new, modified, and/or additional terms and conditions relating to the .CA Services;
4. modify the types of information which eNom Canada collects from you;
5. introduce a dispute resolution policy; and/or
6. change part of the .CA Services provided under this Agreement at any time.
You expressly acknowledge and agree that if you do not agree to any such revision or modification, you may terminate this Agreement after which you will not be entitled to use the .CA Services. By continuing to use the .CA Services after any revision to this Agreement you agree to abide by and be bound by any such revisions or changes. For all domain names registered prior to the introduction of this Agreement, your continued use of your domain name will evidence your agreement to: (i) this Agreement, (ii) eNom Canada's right to amend this Agreement and to introduce further terms and conditions, including the imposition of renewal or other registration fees, and (iii) be bound by such amendments or further terms and conditions.
4. Registration of Domain Name. Your application for or use of the .CA Services or access to or use of your domain name will evidence your agreement to be bound by this Agreement and any other applicable rules or policies that are or may be published by eNom Canada or by CIRA. Your eligibility for a domain name will depend on your fulfillment of the required criteria established by the CIRA, including that you agree to CIRA's Registrant Agreement and CIRA's Canadian Presence Requirements, both of which are currently found at http://www.cira.ca/en/cat_Registration.html. Registration of your domain name is conditioned on CIRA's acceptance of your domain name registration application. The performance of any services by eNom Canada in connection with your application will occur at eNom Canada's main office in Kelowna, British Columbia.
1. Agents: When you submit your application for a domain name through eNom Canada or through any other third party who requests, applies for, purchases or otherwise acquires the .CA Services on your behalf through eNom Canada, you will nonetheless be bound as a principal by all terms and conditions herein. When you use your account or permit someone else to use your account to request, apply for, purchase or otherwise acquire access to the .CA Services or to modify or cancel the .CA Services, this Agreement covers any such .CA Services or actions.
2. Information Required: You agree to:
1. provide to eNom Canada certain current, complete and accurate information about you as required by the application process; and
2. maintain and update this information as needed to keep it current, complete and accurate.
3. Third Parties: You represent and warrant that you have provided notice to, and obtained consent from, any third parties whose personal data or information you supply. You further agree to provide such notice and obtain such consent with regard to any third party personal data or information you supply in the future. eNom Canada shall not be responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information.
4. Disclosure: In order to comply with any current or future rules and policies for domain name systems including any rules or policies established by the CIRA or any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to eNom Canada the right to disclose to third parties through an interactive publicly accessible registration database the following information which you are required to provide when applying for a domain name:
1. the domain or sub-domain name(s) registered by you;
2. your organization name, type and postal address;
3. the name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);
4. the full hostnames and Internet protocol (IP) addresses of at least two nameserver hosts (one primary and at least one secondary) for your domain or subdomain. Up to six nameservers may be specified. If a host has more than one IP address, use a comma-separated list;
5. the corresponding names of those nameservers;
6. the original creation date of the registration; and
7. the expiration date of the registration.
eNom Canada may be required to make this information available in bulk form to third parties.
5. Termination: You agree that eNom Canada may terminate your use of the .CA Services:
1. if you breach or fail to abide by any provision of this Agreement and/or any of the CIRA operating rules, policies, or dispute resolution policy;
2. if the information that you are obligated to provide, or that you subsequently modify, or that you are required to update contains false or misleading information, or conceals or omits any information material to the decision to register your domain name or the continued provision of the .CA Services, or is not provided by you;
3. if you use the .CA Services for any improper purpose, as determined by eNom Canada in eNom Canada's sole discretion; or
4. for any reason, if eNom Canada provides you with 30 days notice of termination.
Furthermore, you agree that eNom Canada may suspend, cancel or transfer your access to the .CA Services in order to correct mistakes made by eNom Canada or a registry in registering your chosen domain name, or to resolve a dispute in accordance with a dispute resolution policy. eNom Canada will not refund any fees paid by you if eNom Canada terminates your use of or access to the .CA Services.
6. Domain Name Disputes. You agree that, if your use of the .CA Services or the registration of your domain name is challenged by a third party, you will be subject to the provisions specified by CIRA in the CIRA dispute resolution policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold eNom Canada harmless pursuant to the terms and conditions set forth below in this Agreement.
7. Modifications to Domain Name Application(s). You agree that in some instances eNom Canada may, but shall not be required to, make minor (non-substantive) modifications to your domain name application(s) to ensure that it/they may be registered. You authorize eNom Canada to make minor modifications to the information you provide or to make interventions that may be necessary in order to effectively process your domain name request.
8. Transfers: You agree that if you would like to transfer a domain name registration to eNom Canada, eNom Canada will provide you with and charge you for one additional year of registration. When you transfer a domain name to eNom Canada you represent and warrant that you have the legal authority to initiate the transfer of the domain name registration(s) and that the information you provide as part of your domain name transfer is accurate.
5. Limitation on Warranties and Conditions. ENOM CANADA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THAT THE .CA SERVICES WILL BE AVAILABLE AT ALL TIMES DURING THE TERM OF THIS AGREEMENT OR WITH RESPECT TO FUNCTIONALITY, FREEDOM FROM BUGS OR VIRUSES, COMPATIBILITY OR OPERABILITY OF A REGISTRY OR THE SERVICES ACCESSED BY YOU OR WITH RESPECT TO THE SECURITY OF A REGISTRY OR REGISTRATION SERVICES, INCLUDING WITHOUT LIMITATION, THOSE SERVICES PROVIDED BY THIRD PARTY SOFTWARE, HARDWARE, INTERNET AND/OR TELECOMMUNICATIONS OR OTHER SERVICE PROVIDERS OR OTHERWISE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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.
6. Use of Domain Names. YOU AGREE THAT ENOM CANADA SHALL NOT BE RESPONSIBLE FOR THE USE OF OR RIGHT TO USE ANY DOMAIN NAME REGISTERED IN A REGISTRY AND THAT ENOM CANADA SHALL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY CONFLICT OR DISPUTE WITH OR ANY CLAIM AGAINST YOU INCLUDING ONE RELATING TO A REGISTERED OR UNREGISTERED TRADE-MARK, A CORPORATE, BUSINESS OR OTHER TRADE NAME, RIGHTS RELATING TO A NAME OR OTHER IDENTIFIER OF AN INDIVIDUAL OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR RELATING TO DEFAMATION OF OR UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY OTHER PERSON. YOU ACKNOWLEDGE AND AGREE THAT THE REGISTRATION OF A DOMAIN NAME DOES NOT CREATE ANY PROPRIETARY RIGHT FOR YOU OR ANY OTHER PERSON IN ANY NAME USED AS A DOMAIN NAME OR IN ANY DOMAIN NAME REGISTRATION, AND THE ENTRY OF A DOMAIN NAME IN A REGISTRY IN THE WHOIS SHALL NOT BE CONSTRUED AS EVIDENCE OF OWNERSHIP OF THE DOMAIN NAME REGISTERED AS A DOMAIN NAME. YOU 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 ANY DOMAIN NAME REGISTRATION.
7. Limitation of Liability. ENOM CANADA'S AGGREGATE LIABILITY TO YOU INCLUDING FOR ALL BREACHES BY ENOM CANADA OF THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNT OF ANY FEES PAID BY YOU TO ENOM CANADA UNDER THIS AGREEMENT.
8. Additional Limitations of Liability.
1. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL ENOM CANADA OR ENOM CANADA'S DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS OR ANY DAMAGES RESULTING FROM LOSS OF USE, LOST BUSINESS REVENUE, LOST PROFITS OR THIRD PARTY DAMAGES.
2. IN NO EVENT SHALL YOU PURSUE ANY CLAIM AGAINST ENOM CANADA OR CIRA AND IN NO EVENT SHALL ENOM CANADA OR CIRA BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS OR DAMAGES RESULTING FROM LOSS OF USE, LOST PROFITS, LOST BUSINESS REVENUE OR THIRD PARTY DAMAGES) ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH:
1. ANY REGISTRY ACCESS DELAY OR ACCESS INTERRUPTION;
2. ANY DATA NON-DELIVERY OR DATA MISDELIVERY;
3. ANY UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT;
4. ANY ERROR, OMISSION OR MISSTATEMENT IN ANY INFORMATION OR SERVICE PROVIDED UNDER THIS AGREEMENT;
5. THE DELETION OF OR FAILURE TO STORE EMAIL MESSAGES;
6. A COMPUTER BUG OR VIRUS OR OTHER SYSTEM MALFUNCTION;
7. ENOM CANADA'S FAILURE OR REFUSAL TO PROVIDE SERVICES, INCLUDING ENOM CANADA'S FAILURE OR REFUSAL TO REGISTER, RENEW OR TRANSFER A DOMAIN NAME REGISTRATION, ENOM CANADA'S REGISTRATION OF A DOMAIN NAME, ENOM CANADA'S TRANSFER OF A DOMAIN NAME REGISTRATION, ENOM CANADA'S FAILURE OR REFUSAL TO MAINTAIN OR MODIFY A DOMAIN NAME REGISTRATION, ENOM CANADA'S CANCELLATION OF A DOMAIN NAME REGISTRATION FROM A REGISTRY, OR ENOM CANADA'S FAILURE OR REFUSAL TO PROVIDE THE OTHER SERVICES;
8. ANY INTERRUPTION OR DELAY IN THE PROVISION OF THE OTHER SERVICES;
9. THE PROCESSING OF ANY APPLICATION FOR THE REGISTRATION OF A DOMAIN NAME OR ANY OTHER APPLICATION OR REQUEST, OR PROCESSING OF ANY AUTHORIZED OR UNAUTHORIZED CHANGES TO YOUR INFORMATION;
10. ANY BREACH BY CIRA OF THEIR OBLIGATIONS TO YOU UNDER THEIR REGISTRANT AGREEMENT WITH YOU OR BY CIRA UNDER ITS REGISTRAR AGREEMENT WITH ENOM CANADA OR ANY OTHER ACTION OR OMISSION OF CIRA;
11. THE APPLICATION OF THE CIRA DISPUTE RESOLUTION POLICY OR COMPLIANCE WITH ANY ORDER, RULING, DECISION OR JUDGMENT MADE THEREUNDER OR BY ANY COURT, TRIBUNAL, BOARD, ADMINISTRATIVE BODY, COMMISSION OR ARBITRATOR AND ANY ACTIONS TAKEN IN CONSEQUENCE THEREOF;
12. THE USE OF ANY DOMAIN NAME IN A REGISTRY AND ANY CONFLICT OR DISPUTE WITH OR ANY CLAIM AGAINST YOU, INCLUDING ONE RELATING TO:
1. REGISTERED OR UNREGISTERED TRADE-MARKS;
2. BUSINESS NAMES, PARTNERSHIP NAMES, CORPORATE NAMES AND OTHER TRADE NAMES;
3. NAMES OR IDENTIFIERS OF INDIVIDUALS OR GROUPS OR INDIVIDUALS;
4. ANY OTHER INTELLECTUAL PROPERTY RIGHTS;
5. DEFAMATION OF ANY PERSON; OR
6. UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY PERSON.
9. Indemnity. You agree to indemnify and save eNom Canada and eNom Canada's directors, officers, employees, contractors, agents and representatives harmless from and against any and all damages, liabilities, obligations, losses, claims, demands, actions, causes of action, lawsuits, penalties, costs and expenses (including, without limitation, reasonable legal and other related costs) arising out of or in any way connected with:
1. any breach of or non-fulfilment of any covenant or agreement by you under this Agreement or CIRA's Registrant Agreement;
2. your breach of any representation or warranty contained in this Agreement or CIRA's Registrant Agreement;
3. the .CA Services or any other services provided to you hereunder or the use by you of such services, including without limitation your violation of any intellectual property or other right of any person and any defamation of or unlawful discrimination against any person;
4. your violation of any of the operating rules or policies relating to the .CA Services, or
5. your actions or omissions.
When eNom Canada is threatened with suit or is actually sued by a third party, eNom Canada may seek written assurances from you concerning your promise to indemnify eNom Canada.
10. No Guarantee. You acknowledge and agree that registration of your chosen domain name does not ensure immunity from objection or challenge to either the registration or use of your domain name. You further acknowledge and agree that the terms and conditions of this Agreement are subject to change at any time due to any rules, requirements, policies, guidelines or regulations adopted, developed or imposed by CIRA or by law. Registration of your chosen domain name does not ensure that the terms of this Agreement will not change.
11. Your Representations and Warranties. You agree, represent and warrant that:
1. the information that you or your agent on your behalf provide during the application process to register or renew your domain name or to request or apply for the .CA Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided in a timely manner according to the modification procedures in place at that time;
2. to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of a third party;
3. you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;
4. you have the legal capacity to enter into this Agreement; and
5. your use of the .CA Services is solely at your own risk, and that all of the .CA Services are provided on an "as is," and "as available" basis.
12. Right of Refusal. eNom Canada, in its sole discretion, reserve the right to refuse to provide you with the .CA Services. You agree that eNom Canada will not be liable to you for loss or damages that may result from the refusal to provide you with .CA Services.
13. CIRA Terms. You agree that:
1. CIRA may, at its option, extend any period for the registration of a .CA domain name at no charge to you or eNom Canada for such further period of time as CIRA may determine, in its sole discretion;
2. neither eNom Canada nor CIRA shall be liable to you for any loss, damage or expense arising out of CIRA's failure or refusal to register a .CA domain name, CIRA's failure or refusal to renew a .CA domain name registration, CIRA's registration of a .CA domain name, CIRA's failure or refusal to renew a .CA domain name registration, CIRA's renewal of a .CA domain name registration, CIRA's failure or refusal to transfer a .CA domain name registration, CIRA's transfer of a .CA domain name registration, CIRA's failure or refusal to maintain or modify a .CA domain name registration, CIRA's maintenance of a .CA domain name registration, CIRA's modification of a .CA domain name registration, CIRA's failure to cancel a .CA domain name registration or CIRA's cancellation of a .CA domain name registration from the CIRA registry;
3. in no event shall you 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 eNom Canada of any obligations under this Agreement or the Registrar Agreement between eNom Canada and CIRA;
4. registration of your selected .CA domain name in your first application to CIRA shall not be effective until you have entered into and agreed to be bound by CIRA's Registrant Agreement, including the Canadian Presence Requirements. CIRA's form of Registrant Agreement and the Canadian Presence Requirements are set forth at CIRA's website (currently http://www.cira.ca/en/cat_Registration.html);
5. in the event that eNom Canada is no longer a CIRA certified registrar, has its certification as a CIRA certified registrar suspended or terminated, or in the event the Registrar Agreement between eNom Canada and CIRA is terminated or expires, you shall be responsible for changing your registrar of record to a new CIRA certified registrar within 30 days of the earlier of notice thereof being given to you by: (i) eNom Canada, or (ii) CIRA in accordance with CIRA's then current Registration Rules; provided, however, that if any of your .CA domain name registration(s) is/are scheduled to expire within 30 days of the giving of such notice, then you shall have 30 days from the anniversary date of the registration(s), to register with a new CIRA certified registrar and to renew such .CA domain name registration(s) in accordance with the Registration Rules;
6. you acknowledge and agree that, should there be insufficient funds prepaid by eNom Canada in the CIRA Deposit Account to be applied in payment of any fees, CIRA may in its sole discretion stop accepting applications for .CA domain name registrations from eNom Canada, stop effecting registrations of .CA domain names and transfers, renewals, modifications and cancellations of .CA domain name registrations requested by eNom Canada and stop performing other billable transactions requested by eNom Canada not paid in full and CIRA may terminate the Registrar Agreement between CIRA and eNom Canada;
7. you shall not, directly or indirectly, through registration or use of your .CA domain name or otherwise:
1. violate or contribute to the violation of the intellectual property rights or other rights of any other person;
2. violate or contribute to the violation of the intellectual property rights or other rights of any other person;
3. unlawfully discriminate or contribute to the unlawful discrimination of any other person;
8. you agree that CIRA shall not be responsible for the use of any .CA domain name in the CIRA 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 indicia 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;
9. CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between eNom Canada and CIRA, including without limitation, the certification and re-certification requirements, the Registration Rules, the fees and the other Rules and Procedures and to adopt new Rules and Procedures not yet in effect. Any such amendment will be binding and effective on eNom Canada 30 days after CIRA gives notice of such amendment by e-mail to eNom Canada. You agree with eNom Canada to promptly amend this Agreement to reflect any amendments to Section 4.2 of the Registrar Agreement between eNom Canada and CIRA (relating to registrant terms required by CIRA);
10. you acknowledge and agree that registration of a .CA domain name does not create any proprietary right for you or any other registrant, eNom Canada or any other registrar or any other person in the name used as a .CA domain name or the .CA domain name registration and that the entry of a .CA domain name in the CIRA registry or in the WHOISlook up system of the CIRA registry shall not be construed as evidence or ownership of the .CA domain name registered as a .CA domain name. You shall not in any way transfer or purport to transfer a proprietary right in any .CA domain name registration, or grant or purport to grant as security or in any other manner encumber or purport to encumber a .CA domain name registration; and
11. eNom Canada agrees to immediately give you notice in the event eNom Canada is no longer a CIRA certified registrar, has its certification as a CIRA certified registrar suspended or terminated or the Registrar Agreement between eNom Canada and CIRA 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 you thereof.
14. Assignment. Your rights under this Agreement are not assignable. eNom Canada may assign its rights and responsibilities under this Agreement and may assign, to any third party, including to CIRA or another CIRA authorized Registrar, on ten (10) days notice to you or as posted on an eNom Canada or eNom Incorporated website, the following: (i) your domain name registration, (ii) all related information and data which you provided, and (iii) the provision of .CA Services.
15. Severability. You agree that the terms of this Agreement are severable. If any term or provision of this Agreement is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions of this Agreement will remain in full force and effect.
16. Jurisdiction. This Agreement, and the application or interpretation hereof will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the parties irrevocably submit to the personal and subject matter jurisdiction of the Courts of the Province of British Columbia. Any acceptance of your application for .CA Services takes place at eNom Canada's offices in Kelowna, British Columbia, Canada.