Mandatory Agreement for .CLUB Domain Names

Last Revised: March 7, 2014

 

1.             Application:  This Supplementary Agreement for .CEO Domain Names applies to domain names registered or proposed to be registered in the .CEO top level domain.

2.             Interpretation:  For all Services provided by Webnames.ca relating to a domain name registered or proposed to be registered in the .CEO top level domain, 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), the Registrant Agreement for .CEO Domain Names (available by clicking here) and this Supplementary Agreement for .CEO 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. If there is a conflict between this Supplementary Agreement and the Registrant Agreement for .CEO Domain Names, then the Registrant Agreement for .CEO Domain Names will take priority and govern.

3.             Definitions:  In this Supplementary Agreement:

(a)           ICANN” means the Internet Corporation for Assigned Names and Numbers.

(b)           Personal Data” means data about any identified or identifiable natural person.

(c)            Registered Name Holder” or “Registrant” means the holder of a Registered Name.

(d)           Registered Name” means a domain name registered in the .CEO TLD, whether consisting of two or more (e.g., john.smith.name) levels. For greater certainty, a domain name registered in the .CEO TLD is a Registered Name even though the domain name is inactive or does not appear in a zone file.

(e)           Registry Agreement” means the Registry Agreement between Registry Operator and ICANN for the operation of the .CEO TLD, as amended from time to time.

(f)            Registry Operator” means CEOTLD Pty Ltd. or its successors and assigns.

(g)           Registry Policies” means the policy framework governing domain name registrations in the .CEO TLD, which includes the Naming Policy, Acceptable Use Policy, Registrant Agreement, Privacy & Whois Policy, Complaint Resolution Service, Registry–Registrar Agreement and ICANN consensus polices, as amended from time to time, as published on Registry Operator’s website (http://www.nic.ceo/).

(h)           TLD” means top level domain.

(i)             All other capitalized terms are defined elsewhere in this Supplementary Agreement or the Webnames.ca Terms of Use and Services Agreement (available by clicking here).

4.             Extended Definitions:  In this Agreement: (a)Domain Name Registry Authorities” includes Registry Operator; and (b)Domain Names” includes a Registered 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, the Registrant Agreement for .CEO Domain Names and this Supplementary Agreement) and all other policies and terms and conditions incorporated into this Agreement by reference.

6.             Personal Data:  Without limiting the generality of any other provision of this Agreement:

(a)           Consent: You hereby consent to Webnames.ca disclosing Your Personal Data to Registry Operator, and You hereby consent to the collection, use, copying, distribution, publication, modification and other processing of Your Personal Data by or on behalf of Registry Operator in a manner consistent with this Agreement, Registry Policies, current ICANN policies and the Registry Agreement. Webnames.ca is not responsible or liable to You or any other person for any act or omission by or on behalf of Registry Operator regarding Personal Data, including Registry Operator’s collection, use, disclosure, processing, retention and deletion of Personal Data.

(b)           Demographic Data:  You acknowledge and agree that Registry Operator may from time to time use demographic data collected for statistical analysis, provided that the analysis will not disclose Personal Data and provided that the use of demographic data is compatible with the notice provided by Registry Operator to registrars regarding the purpose and procedures for such use.

7.             Policies/Procedures:  Without limiting the generality of any other provision of this Agreement, You will comply with each of the following: (a) ICANN’s standards, policies, procedures and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; and (b) Registry Policies and other operational standards, policies, procedures, and practices for the .CEO TLD established and amended from time to time by Registry Operator.

8.             Prohibited Domain Names:  Without limiting the generality of any other provision of this Agreement, and in addition to complying with ICANN’s standards, policies, procedures and practices limiting domain names that may be registered, You will comply with applicable laws limiting the domain names that may be registered and with Registry Operator’s Acceptable Use Policy and Naming Policy, as may be amended from time to time by Registry Operator in its discretion.

9.             Reservation of Rights by Registry Operator:  Without limiting the generality of any other provision of this Agreement, You acknowledge and agree that Registry Operator reserves the right to deny, cancel or transfer any Registered Name or Domain Name Transaction, or place any Registered Name or other domain name on registry lock, hold or similar status as Registry Operator deems necessary, in Registry Operator’s unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g. RFCs); (b) to correct mistakes made by Registry Operator, Webnames.ca, or any other registrar in connection with a domain name registration; (c) if required by a URS, UDRP, PDDRP, or CRS proceeding; or (d) for the non-payment of fees to Registry Operator or Webnames.ca.

10.           Indemnity:  Without limiting the generality of any other provision of this Agreement, You will indemnify and hold harmless Registry Operator and its subcontractors and each of their respective employees, directors, officers, representatives, delegees, shareholders, affiliates, agents, successors and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, Your Registered Name or any Domain Name Transaction by or on Your behalf. This section 10 will survive the termination or expiration of this Agreement.

11.           Dispute Resolution:  Without limiting the generality of any other provision of this Agreement, You will submit to proceedings commenced under any of the following policies and procedures, each in their most recent form and each as may be amended from time to time: (a) ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), available at http://www.icann.org/en/help/dndr/udrp/policy;(b) ICANN’s Post-Delegation Dispute Resolution Procedures (“PDDRP”), available at http://newgtlds.icann.org/en/program-status/pddrp; (c) ICANN’s Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; (d) ICANN’s Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp; (e) ICANN’s Inter-Registrar Transfer Policy (also known as the Policy on Transfer of Registrations between Registrars, available at http://www.icann.org/en/resources/registrars/transfers/policy; and (f) the Complaint Resolution Service (CRS) established by Registry Operator and described in Registry Policies.

12.           Fees:  Without limiting the generality of any other provision of this Agreement: (a) the fees payable for Services relating to a Registered Name (including the fee for an application to register or renew a Registered Name) are as set forth on Webnames.ca’s Websites and are subject to change by Webnames.ca from time to time; (b) fees are not refundable under any circumstances, unless this Agreement or Webnames.ca’s Websites expressly state otherwise; and (c) certain fees for certain Services are payable regardless of the outcome of the Services.

13.           Third Party Beneficiaries:  Registry Operator is and will remain an intended third party beneficiary of this Agreement and is entitled to enforce the relevant provisions of this Agreement for Registry Operator’s own benefit.

 

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