Supplementary Agreement for Afilias Generic Top-Level Domain
Names
1. Afilias TLDs: This Supplementary
Agreement applies to domain names registered or proposed to be registered in
any of the generic top level domains listed in Schedule 1 to this Supplementary
Agreement (each an "Afilias TLD"), which are administered by
Afilias plc ("Afilias") or one of Afilias' affiliates.
2. Interpretation: For all Services provided by Webnames.ca
relating to domain names registered or proposed to be registered in an Afilias
TLD, the Webnames.ca Terms of Use and Services Agreement (available by clicking here),
the Supplementary Agreement for Domain Name Transactions (available by
clicking
here
), the Supplementary Agreement for ICANN Top-Level Domain Names
(available by
clicking
here
) and both the Afilias General Registration Policies (available by
clicking here) as well as this
Supplementary Agreement for Afilias Generic Top-Level Domain Names (this
"Supplementary Agreement") together constitute and are
referred to as "this Agreement". If there is a conflict
between this Supplementary Agreement and any of the Webnames.ca Terms of Use
and Services Agreement, the Supplementary Agreement for Domain Name
Transactions or the Supplementary Agreement for ICANN Top-Level Domain Names,
then this Supplementary Agreement will take priority and govern.
3. Definitions: In this Supplementary Agreement:
(a) "Application" means an application or request that You
submit through Webnames.ca to the relevant Registry Operator for a Registration
or for a renewal or modification of a Registration.
(b) "Generic Domain Name" means a domain name registered or
proposed to be registered in an Afilias TLD.
(c) "ICANN Requirements" means the policies and
requirements adopted from time to time by ICANN, including the Consensus
Policies (posted at www.icann.org/en/general/consensus-policies.html) and each
of the following: Trademark Clearinghouse and Trademark Claims Service, the
Trademark Post-Delegation Resolution policies and procedures, the Registry
Restrictions Dispute Resolutions Procedure, the Public Interest Commitment
Dispute Resolutions policies and procedures and the Uniform Rapid Suspension
System (each as defined in the Registry Agreements between Afilias or a
Registry Operator and ICANN for the operation of the relevant Afilias TLD), as
amended from time to time, and as posted on the ICANN website at
http://www.icann.org/en/about/agreements/registries.
(d) "Registration" means the registration of a Generic
Domain Name that has been accepted by the relevant Registry Operator.
(e) "Registry Operator" means the entity responsible for
the operation of the registry for the relevant Afilias TLD as set forth in
Schedule 1 to this Supplementary Agreement.
(f) "Registry Policies" means the rules, protocols,
policies or procedures, including the Registry Terms and Conditions and the
Registry-Registrar Agreement, adopted or amended from time to time by either
Afilias or the relevant Registry Operator, as posted on either the Afilias
website at www.afilias.info or the website of the relevant Registry
Operator.
(g) "Registry-Registrar Agreement" means the agreement
between the Registry Operator for the relevant Afilias TLD and domain name
registrars, as amended from time to time.
(h) "Registry Terms and Conditions" means the terms and
conditions that govern the registration and use of a Generic Domain Name, the
relevant Afilias TLD and related matters, as established and revised from time
to time by the Registry Operator for the relevant Afilias TLD and made
available by the Registry Operator on either the Afilias website at
www.Afilias.info or the website of the relevant Registry Operator.
(i) "Regulated and Highly Regulated Domains" mean domains
identified in Schedule 2 as Regulated and Schedule 3 as Highly Regulated and
are subject to additional requirements mandated by ICANN.
(j) All other capitalized terms are defined elsewhere in this Supplementary
Agreement, in the Webnames.ca Terms of Use and Services Agreement (available by
clicking
here
) or in the relevant Registry Policies.
4. Extended Definitions: In this
Agreement: (a) "Domain Name Registry Authorities" include
Afilias and each Registry Operator and their respective successors and assigns;
and (b) "Domain Names" includes a Generic Domain Name.
5. Acceptance of the Agreement: By submitting an
application for registration or renewal of a Registered Name, You
unconditionally accept and agree to this Agreement (which is comprised of the
Webnames.ca Terms of Use and Services Agreement, the Supplementary Agreement
for Domain Name Transactions, the Supplementary Agreement for ICANN Top-Level
Domain Names and this Supplementary Agreement) and all other policies and terms
and conditions incorporated into this Agreement by reference.
6. Registry Terms and Conditions: Without limiting the
generality of any other provision of this Agreement, You acknowledge and agree
that all Services regarding a Generic Domain Name are subject to the Registry
Terms and Conditions that govern the relevant Afilias TLD and related Registry
Policies. By submitting an Application, You unconditionally accept and agree to
comply with the Registry Terms and Conditions that govern the relevant Afilias
TLD and all related Registry Policies as if all references in the Registry
Terms and Conditions and Registry Policies to "Applicant", "Registrant" and
similar terminology (as applicable) are references to You. For greater
certainty, the Registry Terms and Conditions for each Afilias TLD may be
revised from time to time by the Registry Operator and are available on the
Afilias website at www.Afilias.info or
respective Registry websites.
7. Your Certification: Without limiting the generality of
any other provision of this Agreement, by submitting an Application You
certify, represent and warrant that the Application is compliant with all
applicable provisions of the relevant Registry Terms and Conditions and related
Registry Policies.
8. Consent to Use of Personal Information: Without limiting
the generality of any other provision of this Agreement, You hereby consent to
Webnames.ca disclosing Your personal information to Afilias and relevant
Registry Operators as required for Webnames.ca to provide Services relating to
Generic Domain Names. Webnames.ca is not responsible or liable for the use of
Your personal information by Afilias or Registry Operators. The Afilias privacy
policy is available on the Afilias website at www.Afilias.info or through the respective
Registry website. Afilias may revise its privacy policy from time to time.
Afilias and Registry Operators may from time to time use Your personal
information provided by Webnames.ca for statistical analysis, provided that the
analysis will not disclose individual non-public personal data and that
non-public personal data is used by Afilias only for internal business
purposes. To the extent permitted by applicable law, You consent to the use,
copying, distribution, publication, modification and processing of Your
personal information by Afilias and each Registry Operator.
9. Prohibited Conduct: Without limiting the generality of
any other provision of this Agreement, You will not distribute malware,
abusively operating botnets, phishing, privacy, trademark or copyright
infringement, fraudulent or deceptive practices, counterfeiting or otherwise
engage in activity contrary to applicable law. If You engage in any of the
prohibited activities listed above in this section 9, then Webnames.ca in its
discretion may immediately suspend Your use of Generic Domain Names and all
related Services without notice or liability to You or any other person.
10. Indemnity: Without limiting the generality of any other
provision of this Agreement, within thirty (30) days after demand by
Webnames.ca, Afilias or a Registry Operator, You will indemnify, defend and
hold harmless each of Webnames.ca, Afilias, Registry Operators and their
respective service providers and each of their respective affiliates and
subsidiaries, and each of their respective owners, directors, managers,
officers, employees, contractors, service providers and agents, from and
against any and all claims, damages, liabilities, costs and expenses, including
reasonable legal and expenses (including on
appeal), arising out of or related in any way to: (a) Your Application or
Registration, including without limitation the use, registration, extension,
renewal, deletion or transfer of a Generic Domain Name or the violation of any
applicable terms or conditions (including Registry Terms and Conditions and
Registry Policies) governing an Application or Registration; or (b) Your breach
of this Agreement. You will not enter into a settlement or compromise of a
claim that You are obligated to defend pursuant to this section 10 without
Webnames.ca's prior written consent, which consent will not be unreasonably
withheld. This section 10 will survive the expiration or termination of this
Agreement for any reason.
11. Information Verification: Without limiting the
generality of any other provision of this Agreement, You agree that Afilias and
a Registry Operator is entitled, at any time, to verify the truth, accuracy and
completeness of any information that You provide, directly or indirectly
through any other person (including Webnames.ca), to Afilias or the Registry
Operator (collectively, "Registrant Information"). You will
comply and cooperate with Afilias and the Registry Operator in connection with
a verification of Registrant Information, and You will furnish all available
documentation as Afilias or the Registry Operator may reasonably require to
complete the verification. Without limiting the generality of any other
provision of this Agreement, You will promptly submit to Webnames.ca any
corrections or updates to Registrant Information.
12.
Compliance with ICANN and Registry Terms and
Conditions:
Without limiting the generality of any other provision of
this Agreement, You will comply with: (a) ICANN standards, policies, procedures
and practices (including the ICANN Requirements) limiting the domain names that
may be registered in the Afilias TLDs; and (b) all applicable Registry Terms
and Conditions and Registry Policies and all applicable statutes and
regulations limiting the domain names that may be registered in the Afilias
TLDs. All operational standards, policies, procedures, and practices for the
Registry TLD established from time to time by Afilias in a non-arbitrary manner
and applicable to all registrars, including affiliates of Afilias, and
consistent with ICANN's standards, policies, procedures, and practices and the
Registry Agreement. Additional or revised Afilias operational standards,
policies, procedures, and practices for the
Registry TLD shall be effective upon thirty days notice by Afilias to
Registrar. If there is a discrepancy between the terms required by the
Registry-Registrar Agreement and the terms of this supplementary agreement, the
terms of the Registry Agreement shall supersede; and (c) public interest
commitments (as set forth in Specification 11 to the Registry Agreement, as
amended from time to time), community registration policies (if applicable, as
set forth in Specification 12 to the Registry Agreement, as amended from time
to time) and Government Advisory Committee ("GAC") safeguards (as set forth in
Schedule 4 to this Agreement or otherwise published or provided to Registrar by
Afilias from time to time).
13. ICANN Requirements: You acknowledge and agree that
Services regarding Generic Domain Names are subject to modification at any
time, without notice of liability to You, as a result of ICANN
Requirements.
14.
Reservation of Rights by Afilias and Registry
Operators:
Without limiting the generality of any other provision of
this Agreement, You acknowledge and agree that Afilias and each Registry
Operator reserves the right to deny, suspend, cancel or transfer any
Registration or transaction relating to a Generic Domain Name, or place any
Generic Domain Name or transaction relating to a Generic Domain Name on
registry lock, registry hold or similar status that Afilias or the Registry
Operator in its discretion deem necessary: (a) to protect the integrity and
stability of the Afilias TLD registries or registry systems; (b) to comply with
any applicable laws, government rules or requirements, or requests of law
enforcement, or as needed before, during or after any dispute resolution
process; (c) to comply with the terms of any agreement between ICANN and
Afilias or the Registry Operator; (d) if You fail to keep WHOIS information
accurate and current; (e) if the Generic Domain Name violates a Registry Policy
(e.g. Acceptable Use and Anti-Abuse Policy) or a third party's rights
(including the infringement of any copyright or trademark) or acceptable use
policies; (f) to avoid any liability, civil or criminal, on the part of Afilias
or a Registry Operator or any of their respective affiliates, subsidiaries,
officers, directors and employees; (g) in accordance with this Agreement; (h)
for violations of any agreement between Webnames.ca and Afilias or the Registry
Operator; or (i) to correct mistakes made by any of Afilias, a Registry
Operator, Webnames.ca or any other domain name registrar. You further
acknowledge and agree that Afilias and each Registry Operator reserve the right
to place a Generic Domain Name on registry lock, registry hold or similar
status during resolution of a dispute.
15. Dispute Resolution: Without limiting the generality of
any other provision of this Agreement, You will comply with the dispute
resolution procedures set forth in ICANN's
Uniform Rapid Suspension
System
(URS) [currently accessible at
http://newgtlds.icann.org/en/applicants/urs], ICANN's
Uniform Domain Name
Dispute Resolution Policy
(UDRP) [currently accessible at
http://www.icann.org/en/help/dndr/udrp/policy], and ICANN's
Post-Delegation
Dispute Resolution Procedures
(PDDRP) [currently
accessible at http://newgtlds.icann.org/en/program-status/pddrp], each as
applied and amended from time to time, and the relevant Registry Operator's
dispute resolution procedures, including any applicable Domain Name Application
Appeals Process (AAP), each as applied and amended from time
to time, and You will abide by any determinations made as part of any of those
dispute resolution procedures.
16. Disclaimer of Warranties: Without limiting the
generality of any other provision of this Agreement, You acknowledge and agree
as follows: (a) the services provided by Afilias and Registry Operators are
provided "as-is" and without any warranty or condition of any kind; (b) Afilias
and each Registry Operator disclaim all warranties and conditions, express or
implied, including implied warranties and conditions of merchantability or
satisfactory quality, fitness for a particular purpose and infringement of
third party rights; (c) Afilias and Registry Operators do not warrant that the
services provided by Afilias and Registry Operators will meet Your requirements
or will be uninterrupted or error-free, or that defects will be corrected; (d)
Afilias and Registry Operators do not warrant or make any representations
regarding the use or results of the services provided by Afilias and Registry
Operators in terms of correctness, accuracy, reliability, or otherwise.
17. Standard Applications/Registrations:
(a) Your Representations and Warranties: Without limiting
the generality of any other provision of this Agreement, by submitting an
Application or when modifying a Registration, You represent, warrant and
acknowledge that: (i) the Application or Registration contains true, accurate
and up-to-date information, and is made in good faith, for a lawful purpose and
does not infringe the rights of any third party; (ii) You will participate in
good faith in any proceedings as described in the Registry Terms and Conditions
or the Registry-Registrar Agreement; and (iii) You accept and will abide by the
Registry Policies.
(b) Registry's Rights: Without limiting
the generality of any other provision of this Agreement, You acknowledge and
accept that each Registry Operator will be entitled, but not obligated, to
reject an Application or Registration, or to delete, revoke, suspend, cancel or
transfer a Registration: (i) to enforce Registry Policies and ICANN
Requirements, each as amended from time to time; (ii) that is not accompanied
by complete and accurate information, or where required information is not
updated or corrected, as required by ICANN Requirements or Registry Policies;
(iii) to protect the integrity and stability of the SRS (defined in the
Registry Terms and Conditions) or the operation or management of the registry;
(iv) to comply with applicable laws, regulations, policies or any holding,
order, or decision by a competent court or administrative authority, or any
dispute resolution service provider the Registry Operator may retain to oversee
the arbitration and mediation of disputes; (v) to establish, assert, or defend
the legal rights of the Registry Operator or a third party, or to avoid any
actual or potential civil or criminal liability on the part of or damage to the
Registry Operator or its affiliates, subsidiaries, contracted parties,
officers, directors, representatives, employees, contractors, and stockholders;
(vi) to correct mistakes made by the Registry Operator or any registrar
(including Webnames.ca) in connection with a Registration; or (vii) as
otherwise provided in the Registry Terms and Conditions and the
Registry-Registrar Agreement.
18. Sunrise Applications/Registrations: Without limiting
the generality of any other provision of this Agreement:
(a) Definitions: In this Supplementary Agreement: (i)
"Sunrise" has the meaning set forth in the applicable Registry
Terms and Conditions; (ii) "Sunrise Application" means an
Application made during Sunrise; and (iii) "
Sunrise
Registration
" means a Registration resulting from a Sunrise
Application.
(b) Your Representations and Warranties:
Without limiting the generality of any other provision of this
Agreement, by submitting a Sunrise Application, or when modifying a Sunrise
Registration, You represent, warrant and acknowledge that: (i) the Sunrise
Application or Sunrise Registration contains true, accurate and up-to-date
information, and is made in good faith, for a lawful purpose and does not
infringe the rights of any third party; (ii) You will participate in good faith
in any proceedings described in the Registry Terms and Conditions or the
Registry-Registrar Agreement; (iii) the Registry Operator or its agents are
authorized to share information to the TMCH (defined in the Registry Terms and
Conditions), other Sunrise applicants, or the general public relating to Your
Sunrise Application; and (iv) You accept and will abide by the Registry
Policies.
(c) Registry's Rights: Without limiting
the generality of any other provision of this Agreement, You acknowledge and
accept that each Registry Operator will be entitled, but not obligated, to
reject a Sunrise Application or Sunrise Registration, or to delete, revoke,
suspend, cancel or transfer a Sunrise Registration: (i) to enforce Registry
Policies and ICANN Requirements, each as amended from time to time; (ii) that
is not accompanied by complete and accurate information, or where required
information is not updated or corrected, as required by ICANN Requirements or
Registry Policies; (iii) to protect the integrity and stability of the SRS
(defined in the Registry Terms and Conditions) or the operation or management
of the registry; (iv) to comply with applicable laws, regulations, policies or
any holding, order, or decision by a competent court or administrative
authority, or any dispute resolution service provider the Registry Operator may
retain to oversee the arbitration and mediation of disputes; (v) to establish,
assert, or defend the legal rights of the Registry Operator or a third party,
or to avoid any actual or potential civil or criminal liability on the part of
or damage to the Registry Operator or its affiliates, subsidiaries, contracted
parties, officers, directors, representatives, employees, contractors, and
stockholders; (vi) to correct mistakes made by the Registry Operator or any
registrar (including Webnames.ca) in connection with a Sunrise Registration;
(vii) if the Registry Operator receives notice that the SMD File (defined in
the Registry Terms and Conditions) is under dispute; or (viii) as otherwise
provided in the Registry Terms and Conditions and the Registry-Registrar
Agreement.
d) Other launch periods: Without limiting the generality of any other provision of this Agreement, You agree to be bound by the terms and conditions of the initial launch, including all launch periods of each TLD as may be implemented by the Registry or Registry Operator. You further acknowledge that the Registrar, Registry and Registry Operator have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to any launch period, including, without limitation: (i) the ability or inability of a registrant to obtain a Registered Name during these periods, and (ii) the results of any dispute over a Sunrise Registration.
19. Safeguards for Regulated Domains:
Without limiting the generality of any other provision of this
Agreement,
(a) Legal Compliance: You will comply with all applicable
laws, including laws relating to privacy, data collection, consumer protection
(including in relation to misleading and deceptive conduct) and applicable
consumer laws in respect of fair lending, debt collection, organic farming (if
applicable), disclosure of data and financial regulations;
(b) Health and Financial Information: You acknowledge and
agree that registrants who collect and maintain sensitive health and financial
data must implement reasonable and appropriate security measures commensurate
with the offering of those services, as defined by applicable law;
19.1 Safeguards for Highly Regulated Domains: In addition
to 19 (a) and (b), and without limiting the generality of any other provision
of this Agreement,
(a) Abuse Contact Information: You must provide
administrative contact information, which must be kept up-to-date, for the
notification of complaints or reports of registration abuse, as well as the
contact details of the relevant regulatory, or industry self-regulatory, bodies
in your main place of business;
(b) Possession of Necessary Credentials: You must represent
that the Registrant possesses any necessary authorizations, charters, licenses
and/or other related credentials for participation in the sector associated
with such Highly Regulated TLD; and
(c) Report Material Changes to Credentials: You must report
any material changes to the validity of the Registrant's authorizations,
charters licenses and/or other related credentials for participation in the
sector associated with the Highly Regulated TLD to ensure the Registrant
continues to conform to the appropriate regulations and licensing requirements
and generally conduct your activities in the interests of the consumer you
serve.
20. Fees:
(a) General: The fees payable for Services relating to
Generic Domain Names, including fees for Applications and Registrations, are as
set forth on Webnames.ca's Websites and are subject to change by Webnames.ca
from time to time. Fees are not refundable under any circumstances, unless this
Agreement or Webnames.ca's Websites expressly state otherwise. Certain fees
(such as fees relating to Sunrise Applications) are payable regardless of the
outcome of the Service (e.g., even if the Sunrise Application does not result
in a Sunrise Registration).
(b) Variations/Changes: Without limiting the generality of
any other provision of this Agreement, You acknowledge and agree that
Registrations are variably priced (i.e. some are "Standard Names" and others
are "Premium Names"), and that renewals of Registrations are also variably
priced, and that fees for Registrations may change from time to time (e.g. the
fee for a Registration may be higher during an early access period than during
a later period and may change during an early access period). For greater
certainty, the fee for registering or renewing the Registration of a specific
Generic Domain Name may be different from the fee for registering or renewing
the Registration of a different Generic Domain Name (e.g. the renewal
registration fee may be $7 for one Generic Domain Name and $13 for a different
Generic Domain Name). Each of Afilias, Registry Operators and Webnames.ca
reserve the right to increase the initial registration fee for an unregistered
Generic Domain Name or to increase the renewal fee for a registered Generic
Domain Name.
21. Liability Limitation: Without limiting the generality
of any other provision of this Agreement, You acknowledge and agree as follows:
(a) to the extent permitted under governing law, a Registry Operator will only
be liable in cases of proven willful misconduct or gross negligence; (b) in no
event will a Registry Operator be held liable for any indirect, consequential
or incidental damages or loss of profits, whether contractual, based on tort
(including negligence) or otherwise arising, resulting from or related to
Registrations, DPML Blocks (defined in the Registry Terms and Conditions), or
use of the SRS or the Registry Website, even if the Registry Operator has been
advised of the possibility of such loss or damages, including but not limited
to decisions taken by the Registry Operator to register or not to register a
Generic Domain Name on the basis of information from the TMCH (defined in the
Registry Terms and Conditions); (c) to the extent allowed under applicable law,
a Registry Operator's aggregate liability for damages will in any case be
limited to the amounts specified in the Registry-Registrar Agreement, and no
greater or other damages (such as any fees payable or paid by Webnames.ca in
the context of any proceedings initiated against a decision by the Registry
Operator to register or not to register a Generic Domain Name) may be claimed
by You from the Registry Operator. For the purposes of this section 20, the
term "Registry Operator" includes Afilias and each of the
Registry Operator's stockholders, directors, employees, members,
subcontractors, the TMCH and each of their respective directors, agents and
employees.
22. Indemnity by You: Without limiting the generality of
any other provision of this Agreement, You will hold the Registry Operator
harmless from claims filed or disputes initiated by third parties, and You will
compensate the Registry Operator for any costs or expenses incurred or damages
for which the Registry Operator may be held liable as a result of third parties
taking action against the Registry Operator on the grounds that an Application
for or the Registration, DPML Block, or use of the SLD (defined in the Registry
Terms and Conditions) by You infringes the rights of a third party. For the
purposes of this section 21, the term "Registry Operator"
includes Afilias and each of the Registry Operator's stockholders, directors,
employees, members, subcontractors, the TMCH and each of their respective
directors, agents and employees.
23. Third Party Beneficiaries: Notwithstanding anything in
this Agreement to the contrary:
(a) Afilias and each Registry Operator are and will remain intended third
party beneficiaries of this Agreement. You acknowledge that Afilias and each
Registry Operator will rely on their third party beneficiary rights under this
Agreement in agreeing to Webnames.ca being a registrar for Afilias TLDs and in
providing services to You or for Your benefit. For greater certainty, You
acknowledge and agree that this Agreement is for the benefit of Afilias and
each Registry Operator but does not give rise to any obligations on the part of
Afilias or any Registry Operator. Afilias and each Registry Operator may assign
their respective rights and benefits under this Agreement to a subsequent
registry operator of a Afilias TLD.
(b) Afilias and Registry Operators and their affiliates and their
respective managers, directors, employees, contractors and agents
(including the TMCH and the Auction Provider) are not parties to this
Agreement.
Schedule 1 - Afilias TLDs and Registry Operators
.Ac - ICB plc
.Archi - Afilias plc
.Black - Afilias plc
.Blue - Afilias plc
.Irish – Dot Irish LLC
.LGBT - Afilias plc
.LLC - Afilias plc
.Pet – Afilias plc
.Pink - Afilias plc
.Promo - Afilias plc
.Red - Afilias plc
.Sh - ICB plc
.Storage - Self Storage Company, LLC
.Vote - Monolith Registry LLC
.Voto - Monolith Registry LLC
Schedule 2 - Regulated Domains
.Bio - Afilias plc
.Bet – Afilias plc
.Green - DotGreen Registry Limited
.Poker – Afilias plc
Schedule 3 - Highly Regulated Domains
n/a
Schedule 4 - Government Advisory Committee ("GAC")
Safeguards
-
DotGreen Registry, Limited requires registrars to include in their
registration agreements a provision requiring registrants to comply with
all applicable laws, including those that relate to privacy, data
collection, consumer protection, (including in relation to misleading and
deceptive conduct), fair lending, debt collection, organic farming,
disclosure of data, and financial disclosures.
-
DotGreen Registry, Limited requires registrars at the time of
registration to notify registrants of the requirement to comply with all
applicable laws.
-
DotGreen Registry, Limited requires Registrars to include in their
Registration Agreements a provision requiring that registrants who collect
and maintain sensitive health and financial data implement reasonable and
appropriate security measures commensurate with the offering of those
services as defined by applicable law.
See Section 19.
Safeguards for Regulated Domains