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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