Agreement for ARI Generic Top-Level Domain Names
1. ARI 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 “ARI TLD”), which are administered by ARI Registry
Services (“ARI”) or one of ARI’s affiliates.
2. Interpretation: For all Services provided by Webnames.ca relating to domain names registered or proposed to be
registered in an ARI 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 this Supplementary Agreement for ARI 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 ARI 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 ARI or a Registry Operator
and ICANN for the operation of the relevant ARI 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 ARI 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 ARI or the relevant Registry Operator, as posted on either the ARI website at http://www.ariservices.com/ or the website of the relevant Registry Operator.
(g) “Registry-Registrar Agreement” means the agreement between the Registry Operator for the relevant ARI 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 ARI TLD and related matters, as established and revised from time to time by the Registry Operator for the relevant ARI TLD and made available by
the Registry Operator on either the ARI website at www.ARI.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) “Start-Up Processes” includes Sunrise, Landrush and Auction (each as defined in the Registry Agreement) and further refined in the
applicable policies applicable to the Start-up Processes.
(k) 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 ARI 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 ARI 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 ARI
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 ARI TLD may be revised from
time to time by the Registry Operator and are available on the ARI website at http://www.ariservices.com/ or
respective Registry websites which may or may not be listed in schedule 1 below.
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, (a) Consent: You hereby consent to Webnames.ca disclosing Your personal information to ARI and relevant Registry Operators as required for
Webnames.ca to provide Services relating to Generic Domain Names. You hereby consent to the collection, use, copying, distribution, publication,
modification and other processing of Your Personal Data by those Registry Operators and their designees and agents in a manner consistent with the purposes
set forth in this Agreement, in the relevant Registry Policies, current ICANN policies, and relevant mandatory local data protection, laws and privacy and
as otherwise permitted by this Agreement, the relevant Registry Agreement and applicable law. For the avoidance of doubt, the provisions of this section
8(a)do not apply to publicly available information. Webnames.ca is not responsible or liable for the use of Your personal information by ARI or Registry
Operators. The ARI privacy policy is available on the ARI website at http://www.ariservices.com/ or through the
respective Registry website. ARI may revise its privacy policy from time to time. ARI and Registry Operators may from time to time use (b) Demographic Data: You acknowledge and agree that Registry Operators may from time to time use demographic data collected for statistical
analysis, provided that the analysis will not disclose individual non-public personal data and that non-public personal data is used by ARI 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 ARI 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, ARI or a Registry Operator, You will indemnify, defend and hold harmless each of Webnames.ca, ARI, 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 ARI 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 ARI or the Registry Operator (collectively, “Registrant Information”). You will comply and
cooperate with ARI and the Registry Operator in connection with a verification of Registrant Information, and You will furnish all available documentation
as ARI 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 ARI 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 ARI TLDs. All operational standards, policies, procedures, and practices for the Registry TLD established
from time to time by ARI in a non-arbitrary manner and applicable to all registrars, including affiliates of ARI, and consistent with ICANN's standards,
policies, procedures, and practices and the Registry Agreement. Additional or revised ARI operational standards, policies, procedures, and practices for
the Registry TLD shall be effective upon thirty days notice by ARI 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 supercede; 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 ARI 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 ARI and Registry Operators: Without limiting the generality of any other provision of this Agreement, You
acknowledge and agree that ARI 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 ARI or the Registry Operator in its discretion deem necessary: (a) to protect the integrity and stability of the ARI 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 ARI 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
ARI 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 ARI or the Registry Operator; or (i) to correct mistakes made by any of ARI, a Registry
Operator, Webnames.ca or any other domain name registrar. You further acknowledge and agree that ARI 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 ARI and Registry Operators are provided “as-is” and without any warranty or condition of any kind; (b) ARI 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) ARI and Registry Operators do not warrant that the
services provided by ARI and Registry Operators will meet Your requirements or will be uninterrupted or error-free, or that defects will be corrected; (d)
ARI and Registry Operators do not warrant or make any representations regarding the use or results of the services provided by ARI 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) Start-up Processes: You agree to be bound by the terms and conditions of the initial launch of each Generic TLD, including the Sunrise
period, the Land Rush period or any other phases that may be offered by ARI and the Registry Operator, and the applicable policies and procedures that
govern the Start-Up Processes for a Generic TLD (as set forth on the relevant Registry Operator’s website), and You further acknowledge that Registry
Operators have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise period or the Land
Rush or other period, including: (a) the ability or inability of a registrant to obtain a Registered Name during those periods; and (b) the results of any
dispute over a Sunrise registration.
(c) 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.
(d) 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.
19. Safeguards for Regulated Domains: Without limiting the generality of any other provision of this Agreement, the
following apply to all regulated and highly regulated domains listed in schedule 2 and 3 respectively:
(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 ARI, 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 21, the term “Registry Operator” includes ARI 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 22, the term “Registry Operator” includes ARI 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) ARI and each Registry Operator are and will remain intended third party beneficiaries of this Agreement. You acknowledge that ARI and each Registry
Operator will rely on their third party beneficiary rights under this Agreement in agreeing to Webnames.ca being a registrar for ARI 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 ARI and each Registry
Operator but does not give rise to any obligations on the part of ARI or any Registry Operator. ARI and each Registry Operator may assign their respective
rights and benefits under this Agreement to a subsequent registry operator of a ARI TLD.
(b) ARI 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 – ARI TLDs and Registry Operators
The Generic TLDs and the corresponding Registry Operator and website link containing their respective policies are as follows:
.MENU – Wedding TLD2 LLC – www.dot-menu.com
.BUILD – Plan Bee LLC - www.dotbuild.co
.LUXURY – Luxury Partners LLC - www.dotluxury.com
.ONE – One.com A/S operating as One Registry http://nic.one/policies/
.COURSES – Open Universities Australia Pty Ltd CAN 053 421 888 - http://nic.courses/#documents
Additional Customer Registration Terms from Registry
.STUDY - Open Universities Australia Pty Ltd CAN 053 421 888 - http://nic.study/#documents
Additional Customer Registration Terms from Registry
.FILM - Motion Picture Domain Registry Pty Ltd - http://go.film/Acceptable-Use-Policy/
Additional Customer Registration Terms from Registry
Schedule 2 – Regulated Domains
.CLOUD - Aruba PEC SpA - https://nic.cloud/policies.aspx
Schedule 3 – Highly Regulated Domains
.SUCKS - Vox Populi Registry Ltd. - https://www.nic.sucks/policies