.ca Registration Agreement ~ Canadian Domain Name Services Inc. ~ Certified .ca Domain Name Registrar

Registration Agreement

When you request your .ca domain name, you agree to the following agreement:

Canadian Domain Name Services Inc. Registration Agreement

1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to each customer (the "Registrant"), "we", us" and "our" refer to CANADIAN DOMAIN NAME SERVICES INC., (the "Registrar"), "Registry" refers to the Canadian Domain Name Registry operated by the Canadian Internet Registration Authority, hereafter referred to as "CIRA", "Cardholder" or "cardholder" refers to the person or entity designated on the Credit Card used to make the purchase of a .ca domain name registration, "Agent" or "agent" refers to your appointed Agent for the purposes of making application on your behalf for a .CA Domain Name intended for use by you, and with your authorization to act as your Agent including where applicable to your designation as authorized to utilize the cardholder's credit card to complete the payment for any transaction you submit to us, and "Services" refers to the .ca domain name registration provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services.

2. SELECTION OF A .CA DOMAIN NAME. You represent that, neither the registration of the .CA Domain Name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the .CA Domain Name is not being registered for any unlawful purpose.

3. FEES. As consideration for the services you have selected, you agree to the following paragraphs of Section 3.

(a) You agree to pay to us, the applicable service(s) fees plus applicable taxes. All fees payable hereunder are non-refundable except as noted in sub-paragraph (b). . 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, by submitting your registration application by clicking on the "I Agree" submission button on the final page of the registration process, are completing your electronic signature signifying your acceptance of this Agreement, and that you represent that the statements in your application are true. And, you agree that your submission of the application constitutes full and complete authorization to apply the correct charges for the .ca domain name registration(s) to your credit card, and that you are authorized give such authorization for the credit card information supplied on your application.

(b) You agree that if CIRA refuses to register your .ca domain name within 30 days from the time it is first accepted for registration, due to circumstances which make it impossible for you to correct information which CIRA requires to be corrected, we will refund your entire registration fee, minus a $1.96+GST fee for credit card processing fees.

(c) You agree that we will not charge you any fee for switching your .ca domain name registration to another Registrar should you so choose.

(d) You agree that in the event that you do not confirm a registration application that has been accepted by CIRA, at CIRA's web site, as per instructions supplied to you, within the maximum allowable time, of 14 days (7 days + 7 day extension), and you do not wish us to resubmit the .ca domain name application to CIRA a second time, we will refund your registration fee for the .ca domain name , minus a handling fee of $10.00 + GST. Confirming a registration at CIRA's web site does not involve any further fees to you; it is merely a confirmation that you agree to the CIRA Registrant Agreement and the CIRA Registration Rules.

(e) You agree that if the Cardholder institutes any chargeback proceedings against the authorized charge on the credit card, for any reason, without first attempting to resolve, by establishing direct communication with us, any dispute or issue regarding a charge from us, on the credit card submitted, that::

(i) you as the cardholder, or you as the cardholder's agent will be responsible for the debt plus an administration fee of $100.00 to recover said debt;
(ii) you have been properly notified of the name that will appear on the credit card statement, and that where you are not the actual cardholder, you have accepted responsibility for duly notifying the cardholder of the name that will appear on their credit card statement and what those charges are for;
(iii) you accepted responsibility for the charge when you submitted the application, either as the cardholder or as the cardholder's agent.
(iv) you are resonsible for all reasonable costs incurred by Canadian Domain Name Services Inc. to recover said debt, in the event of a chargeback, including, but not limited to, collection agency charges, legal fees, and court disbursement fees.

(f) You agree that we will not automatically renew your .ca domain name registration using what is comonly known as "Recurring Billing". Each and every charge that you incur with us has to be duly authorized by you. Under no circumstances will we ever assume you have given us permission to charge your card for an amount which you have not expressly agreed to through a single electronic transmission of form data.

4. TERM. You agree that the Registration Agreement will remain in full force during the length of the term of your .CA Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your .CA Domain Name Registration, then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your .CA Domain Name Registration as selected, recorded, and paid for upon registration of the .CA Domain Name. Should you transfer your .ca domain name or should the .ca domain name otherwise be transferred to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering .ca domain names then in force between .CA Domain Name holders and the new Registrar.

5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the CIRA Dispute Resolution Procedure ("Dispute Procedure") as amended from time to time. You agree that, by maintaining the reservation or registration of your .ca domain name after modifications to the Dispute Procdedure become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your .ca domain name be deleted from the .ca domain name database.

6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that are provided to you upon registration of your .CA Domain Name. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

7. .CA DOMAIN NAME DISPUTE PROCEDURE. If you reserved or registered a .ca domain name through us, or transferred a .ca domain name to us from another registrar, you agree to be bound by the Dispute Procedure which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Procedure may be found at the CIRA Website.. Please take the time to familiarize yourself with this policy.

8. .CA DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your .ca domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Procedure in effect at the time of the dispute. You agree that in the event a .ca domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Procedure. For any dispute, you agree to submit to the jurisdiction of the courts of The Province of Ontario, in the Region of Durham. You agree to immediately give notice to us and to CIRA of any pending or threatened claim, demand, action, cause of action, proceeding, lawsuit, investigation or application (�Claim�) in relation to any .CA Domain Name Registration (or any judicial requests or orders to produce documents or information obtained from or supplied to the Registry or us) that become known to you.

9. CIRA POLICY. You agree
(a) that your registration of the .CA Domain Name shall be subject to suspension, cancellation, or transfer pursuant to any CIRA-adopted policy, or pursuant to any Registrar or Registry procedure not inconsistent with a CIRA-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the .CA Domain Name;

(b) that CIRA may, at its option, extend any period for the registration of a .CA Domain Name at no charge to us or you for such further period of time as CIRA may determine, in its sole discretion;

(c) that CIRA shall not be liable to the 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 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 Registry;

(d) that 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 us of our obligations under any agreement between us and you or the Registrar Agreement between CIRA and us;

(e) that Registration of your selected .CA Domain Name in its first application to CIRA shall not be effective until you have entered into and agreed to be bound by CIRA�s Registrant Agreement;

(f) that we shall immediately give notice to you in the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified Registrar suspended or terminated or the Registrar Agreement between CIRA and us is terminated or expires. CIRA may post notice of such suspension, termination or expiry on its website and may, if CIRA deems appropriate, give notice to the Registrant thereof;

(g) that in the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated or in the event the Registrar Agreement between CIRA and us 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 the you by (i) us 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 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;

(h) that, should there be insufficient funds prepaid by us in our 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 us, stop effecting registrations of .CA Domain Names and transfers, renewals, modifications and cancellations of .CA Domain Name Registrations requested by us and stop performing other billable transactions requested by us if we are not paid in full and CIRA may terminate the Registrar Agreement between CIRA and us;

(j) that you shall not, directly or indirectly, through registration or use of your .CA Domain Name or otherwise:

(i) violate or contribute to the violation of the intellectual property rights or other rights of any other Person;
(ii) defame or contribute to the defamation of any other Person; or
(iii) unlawfully discriminate or contribute to the unlawful discrimination of any other Person;

(i) that we and CIRA shall not be responsible for the use of any .CA Domain Name in the Registry and that we and CIRA shall not be responsible in any way whatsoever for any conflict or dispute with or any actual or threatened Claim against us or 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 identifying indicium of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawful discrimination with respect to any other Person;

(k) that CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between CIRA and us, 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 us 30 days after CIRA gives notice of such amendment by email to us. You agree that we will promptly amend the agreement between us and you to reflect any amendments to Section 4.2 of the Registrar Agreement between CIRA and the Registrar; and

(l) and acknowledge that registration of a .CA Domain Name does not create any proprietary right for you, us 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 Registry or in the �WHOIS� look up system of the 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.

10. AGENCY. Should you intend to license use of a .ca domain name to a third party you shall nonetheless be the .CA 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 .CA Domain Name. You shall accept liability for harm caused by wrongful use of the .CA Domain Name, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information (sections 18 and 19 of 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. OUR AGGREGATE LIABILITY TO YOU, INCLUDING FOR ALL BREACHES BY US OF THIS AGREEMENT, SHALL BE LIMITED TO THE TOTAL AMOUNT OF ALL REGISTRATION FEES PAID BY YOU TO US.

13. ADDITIONAL LIMITATIONS OF LIABILITY.
(1) IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS OR RESULTING FROM LOSS OF USE, LOST BUSINESS REVENUE, LOST PROFITS OR THIRD PARTY DAMAGES.
(2) IN NO EVENT SHALL WE 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:

(a) ANY ACCESS DELAY OR ACCESS INTERRUPTION;
(b) ANY DATA NON-DELIVERY OR DATA MISDELIVERY;
(c) ANY UNAUTHORIZED USE OR MISUSE OF ANY CUSTOMER NUMBER OR PASSWORD PROVIDED TO YOU BY US OR CIRA;
(d) ANY ERROR, OMISSION OR MISSTATEMENT IN ANY INFORMATION OR SERVICE PROVIDED UNDER THIS AGREEMENT;
(e) THE DELETION OF OR FAILURE TO STORE EMAIL MESSAGES;
(f) A COMPUTER BUG OR VIRUS OR OTHER SYSTEM MALFUNCTION;
(g) OUR OR CIRA�S FAILURE OR REFUSAL TO REGISTER A .CA DOMAIN NAME, OUR OR CIRA�S FAILURE OR REFUSAL TO RENEW A .CA DOMAIN NAME REGISTRATION, OUR OR CIRA�S REGISTRATION OF A .CA DOMAIN NAME, OUR OR CIRA�S RENEWAL OF A .CA DOMAIN NAME REGISTRATION, OUR OR CIRA�S FAILURE OR REFUSAL TO TRANSFER A .CA DOMAIN NAME REGISTRATION, OUR OR CIRA�S TRANSFER OF A .CA DOMAIN NAME REGISTRATION, OUR OR CIRA�S FAILURE OR REFUSAL TO MAINTAIN OR MODIFY A .CA DOMAIN NAME REGISTRATION, OUR OR CIRA�S MAINTENANCE OF A .CA DOMAIN NAME REGISTRATION, OUR OR CIRA�S MODIFICATION OF A .CA DOMAIN NAME REGISTRATION, OUR OR CIRA�S FAILURE TO CANCEL A .CA DOMAIN NAME REGISTRATION OR OUR OR CIRA�S CANCELLATION OF A .CA DOMAIN NAME REGISTRATION FROM THE REGISTRY;
(h) ANY BREACH BY YOU OR YOUR AGENT OF ITS OBLIGATIONS UNDER ANY AGREEMENT BETWEEN YOU AND US OR ANY OTHER ACTION OR OMISSION BY US OR BY YOU
(i) THE PROCESSING BY US AND BY CIRA OF YOUR APPLICATION FOR REGISTRATION OR ANY OTHER APPLICATION OR REQUEST, OUR AND CIRA�S PROCESSING OF ANY AUTHORIZED OR UNAUTHORIZED CHANGES TO YOUR .CA DOMAIN NAME REGISTRATION RECORD;
(j) THE APPLICATION OF CIRA�S DISPUTE RESOLUTION PROCEDURE, INCLUDING ANY AND ALL INVOLVEMENT BY US IN THAT PROCEDURE, OR THE 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; OR
(k) THE USE OF ANY .CA DOMAIN NAME IN THE REGISTRY AND ANY CONFLICT OR DISPUTE WITH OR ANY CLAIM (AS DEFINED IN SECTION 8) AGAINST YOU OR YOUR AGENT, INCLUDING ONE RELATING TO:
(i) REGISTERED OR UNREGISTERED TRADE-MARKS; (ii) BUSINESS NAMES, PARTNERSHIP NAMES, CORPORATE NAMES AND OTHER TRADE NAMES; (iii) NAMES OR INDICIA OF INDIVIDUALS OR GROUPS OR INDIVIDUALS; (iv) ANY OTHER INTELLECTUAL PROPERTY RIGHTS; (v) DEFAMATION OF ANY PERSON; OR (vi) UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY PERSON.

14. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from 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:

(a) any breach of or non-fulfillment of any covenant or agreement on your part or your Agent's part under this Agreement; or
(b) any incorrectness in or breach of any representation or warranty of you and your Agent, contained in this Agreement; or
(c) our services provided hereunder or the use by you of CIRA�s services, including without limitation violation by you or your Agent of any intellectual property or other right of any Person and any defamation of or unlawful discrimination against any Person or any violation of any of the Rules and Procedures relating to the services provided; or
(d) the actions or omissions of you or your Agent;

including without limitation CIRA, and the directors, officers, employees and agents of each of them, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your or your Agent's use of the Services, including without limitation infringement by you or your Agent, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Procedure. 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 deactivation of your .ca domain name.

15. Representations and Warranties of CANADIAN DOMAIN NAME SERVICES INC.
CANADIAN DOMAIN NAME SERVICES INC. represents and warrants to the Registrant as follows:
(1) Incorporation and Power. CANADIAN DOMAIN NAME SERVICES INC. is a corporation duly incorporated under the laws of the jurisdiction of its incorporation and is duly organized, validly subsisting and in good standing under such laws.
(2) Authorization. CANADIAN DOMAIN NAME SERVICES INC. has all necessary corporate power, authority and capacity to enter into this Agreement and all other documents and instruments contemplated by this Agreement and to carry out its obligations under this Agreement and such other documents and instruments. The execution and delivery of this Agreement and all other documents and instruments contemplated by this Agreement and the performance by CANADIAN DOMAIN NAME SERVICES INC. of its obligations under this Agreement and such other documents and instruments have been duly authorized by all necessary corporate action on the part of CANADIAN DOMAIN NAME SERVICES INC.
(3) Enforceability of Obligations. This Agreement constitutes and valid and binding obligation of CANADIAN DOMAIN NAME SERVICES INC. enforceable against CANADIAN DOMAIN NAME SERVICES INC. in accordance with its terms subject, however, to limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting creditors� rights generally and to the extent that equitable remedies such as specific performance and injunctions are only available in the discretion of the court from which they are sought.

16. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the controlling user name and password are secured shall be the owner of the .ca domain name. You agree that prior to transferring ownership of your .ca 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. Your .ca domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determined by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

17. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Procedure 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 .ca 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.

18. NO GUARANTY. You agree that, by registration or reservation of your chosen .ca domain name, such registration or reservation dOes not confer immunity from objection to either the registration, reservation, or use of the .ca domain name.

19. DISCLAIMER OF WARRANTIES.
(a) 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.
EXCEPT AS EXPRESSLY SET OUT IN SECTION 15,WE MAKE NO REPRESENTATION, WARRANTY OR CONDITION, 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 REGISTRY OR OUR COMPUTER SYSTEM OR NETWORK WILL BE AVAILABLE AT ALL TIMES DURING THE TERM OR WITH RESPECT TO FUNCTIONALITY, FREEDOM FROM BUGS OR VIRUSES, COMPATIBILITY OR INTEROPERABILITY OF THE REGISTRY OR THE SYSTEMS ACCESSED BY THE US AND/OR YOU OR WITH RESPECT TO THE SECURITY OF THE REGISTRY OR WITH THE SECURITY OF OUR COMPUTER OR NETWORK, OR ANY SYSTEMS ACCESSED BY US AND/OR YOU, INCLUDING WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY SOFTWARE, HARDWARE, INTERNET AND/OR TELECOMMUNICATIONS OR OTHER SERVICE PROVIDERS OR OTHERWISE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER.
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.

(b) Survival and Reasonableness. You acknowledge and agree that the limitations on warranties, conditions and liabilities, the representations and warranties of us contained in this Agreement and the restrictions and indemnities set forth in this Agreement, shall forever survive the expiry or termination of this Agreement and any suspension or termination of the our certification by CIRA. You acknowledges and agree that such provisions are reasonable in the status that we are bound by agreement with CIRA to provide certain levels of service.

20. 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:

i) Your name and postal address (or, if different, that of the .ca domain name holder);

ii) The .ca domain name being registered

iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the .ca domain name.

iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the .ca domain name.

Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through your RSP.

21. DISCLOSURE AND USE OF REGISTRATION INFORMATION.

(a) You agree and acknowledge that we will make .ca domain name registration information you provide available to the CIRA administrators, and to other third party contractors as CIRA may require for its operation of the registry. and to any court, where we are required by court order under the applicable laws in the Province of Ontario. You further agree and acknowledge that we may make publicly available, some, or all, of the .ca domain name registration information you provide, for purposes of inspection through our WHOIS service. 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 .ca domain name (including any updates to such information), whether during or after the term of your registration of the .ca 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 .ca domain name registration information by us. You may access your .ca domain name registration information in our possession to review, modify or update such information, by accessing our .ca domain manager service, or similar service, made available by us. 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.

(b) Privacy: You agree that we may, upon occasion email the contacts on your .ca domain record, with updates or news regarding .ca domain name registration or CDNS services. You agree that any contact you enter on a .ca domain name record has been advised of this policy, and has consented to their contact information being used on the .ca domain registration record. CDNS will never sell or release your registration information to any third party other than CIRA, or a contractor of CIRA who needs the information to perform its duties pertaining to the functioning of the .ca Registry, as required by the CIRA registration agreement.

22. REVOCATION. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the .CA Domain Name Registration.

23. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register or reserve your chosen .ca domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your .ca domain name or register you for other Services, or we delete your .ca domain name or other Services 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, reserve, or delete your .ca domain name or register you for other Services.

24. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision 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 will remain in full force and effect.

25. NON-AGENCY. Nothing contained in this Agreement or the Dispute Procedure shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

26. 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.

27. 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 have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us admin@cadns.ca or, in the case of notice to you, at the Adminstrative Contact 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 5 business days after the date of mailing and, in the case of notification to us shall be sent to:


	CANADIAN DOMAIN NAME SERVICES Inc.
	Domain Administrator
	50 Richmond Street East, Suite 107
	Oshawa, ON L1G 7C7
	Canada

and in the case of notification to you shall be to the mailing address specified in the "Administrative Contact" in your WHOIS record.

You agree that you will enable your email receiving mechanism/method on your end, to receive all email from Canadian Domain Services Inc. email addresses (@*.cadns.ca), and from CIRA (@*.cira.ca) and that failure to do so, renders any applicable email notice to you, to be deemed as sent, in accordance with the delivery specifications above in this paragraph/section. You agree that Canadian Domain Name Services Inc. will not be responsible for responding to any email verification mechanism, which requires us to reply first to a verification email address, or to visit a web site, or any other verification method put in place by you, pertaining to your .ca domain name registration record's contact email addresses. You agree that it is your repsonsibility and your responsibility alone, to enable the receiving of email from our email addresses in accordance with the terms and provisions of this agreement.

28. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Procedure are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Procedure supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

29. 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.

30. INFANCY. You attest that you are of legal age to enter into this Agreement.

31. 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.