Supplementary Agreement for .BLOG Generic Top-Level Domain Name
1. .BLOG
TLD:
This Supplementary
Agreement applies to domain names registered or proposed to be registered in
the .BLOG TLD, which are administered by Knock Knock
WHOIS There, LLC ("Knock Knock") or one of Knock Knockās
affiliates.
2. Interpretation: For
all Services provided by Webnames.ca relating to domain names registered or
proposed to be registered in an .BLOG 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 .BLOG
General Registration Policies (available by
clicking
here
) as well as this
Supplementary Agreement for .BLOG 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 a .BLOG 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 .BLOG or a Registry
Operator and ICANN for the operation of the relevant .BLOG 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 .BLOG TLD currently
Knock Knock. WHOIS There, LLC.
(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 the
relevant Registry Operator, as posted on either the .BLOG
website at
www.nic.blog
or the website of the
relevant Registry Operator.
(g)
"Registry-Registrar Agreement" means the agreement between the
Registry Operator for the .BLOG 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 .BLOG TLD and related matters, as established and
revised from time to time by the Registry Operator for the .BLOG TLD and made
available by the Registry Operator on the .BLOG website at
www.nic.blog
.
(i) 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 Knock Knock 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 .BLOG 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 .BLOG 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 .BLOG TLD may be revised from
time to time by the Registry Operator and are available on the .BLOG website
at
www.nic.blog
.
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 Knock Knock 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 Knock Knock or Registry Operators. The .BLOG
privacy policy is available on the .BLOG website at
www.nic.blog
or through the respective
Registry website. .BLOG may revise its privacy policy
from time to time. .BLOG Registry and Registry
Operator 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 .BLOG 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 .BLOG Registry and 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, .BLOG or a Registry Operator, You will
indemnify, defend and hold harmless each of Webnames.ca, .BLOG Registry and
Registry Operator Knock Know 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 .BLOG Registry and
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 .BLOG Registry and Registry Operator (collectively, "Registrant Information").
You will comply and cooperate with .BLOG Registry and
Registry Operator in connection with a
verification of Registrant Information, and You will furnish all available
documentation as .BLOG Registry and 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 .BLOG
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 .BLOG TLDs. All operational standards, policies,
procedures, and practices for the Registry TLD established from time to time by .Knock Knock in a non-arbitrary
manner and applicable to all registrars, including affiliates of Knock Knock, and consistent with ICANN's standards, policies,
procedures, and practices and the Registry Agreement. Additional or revised Knock
Knock operational standards, policies, procedures,
and practices for the Registry TLD shall be effective upon thirty days notice by .Knock Knock 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.
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 .BLOG Registry and Registry Operator :
Without limiting
the generality of any other provision of this Agreement, You acknowledge and
agree that .BLOG Registry and 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 .BLOG Registry and
Registry Operator in its discretion deem
necessary: (a) to protect the integrity and stability of the .BLOG 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 .BLOG Registry and 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 .BLOG Registry and 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 .BLOG or the Registry Operator; or (i) to correct mistakes made by any of .BLOG Registry or
Registry Operator, Webnames.ca or any other domain name registrar. You further
acknowledge and agree that .BLOG Registry and 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 .BLOG Registry and Registry Operator s are provided
"as-is" and without any warranty or condition of any kind; (b) .BLOG
Registry and 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) .BLOG Registry and Registry Operators do not warrant
that the services provided by .BLOG Registry and Registry Operators will meet Your requirements or will be
uninterrupted or error-free, or that defects will be corrected; (d) .BLOG
Registry and Registry Operators do not
warrant or make any representations regarding the use or results of the
services provided by .BLOG Registry 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 .BLOG Registry and Registry Operator 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 Knock Knock 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 Knock Knock 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) .BLOG
Registry and Registry
Operator are and will remain intended third party beneficiaries of this
Agreement. You acknowledge that .BLOG Registry and
Registry Operator will rely on their third party beneficiary rights under this
Agreement in agreeing to Webnames.ca being a registrar for .BLOG 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
.BLOG
Registry and Registry Operator but does not give rise to any obligations
on the part of .BLOG or any Registry Operator. .BLOG
Registry and Registry Operator may assign their respective rights and benefits
under this Agreement to a subsequent registry operator of the .BLOG TLD.
(b) .BLOG
Registry 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.