Supplementary Agreement for .CA Domain Names
Last Revised: January 29, 2014
1. Application: This Supplementary Agreement for .CA Domain Names applies to domain names registered or proposed to be registered in the .CA domain.
3. Definitions: In this Supplementary Agreement:
(a) “.CA Domain Name” a .ca domain name or sub-domain name.
(b) “CIRA” means Canadian Internet Registration Authority.
(c) “Domain Name Registration” means the registration by CIRA of a .CA Domain Name in the Registry.
(d) “Registrant” means a person who is listed in the Registry as the registrant of a .CA Domain Name.
(e) “Registrant Agreement” means the Registrant Agreement established and amended by CIRA from time to time, a copy of which is available on CIRA’s website at: www.cira.ca/en/PRP.html.
(f) “Registrar” means a person certified by CIRA to offer Domain Name Registration services within the .CA Internet Domain Name system.
(g) “Registrar Agreement” means the agreement between CIRA and Webnames.ca, as amended from time to time, pursuant to which Webnames.ca is accredited as a registrar for .CA Domain Names.
(h) “Registry” means the .ca Internet domain name registration system.
(i) “Registry PRP” means the CIRA policies, rules, and procedures relating to Registrants, Registrars, and Domain Name Registrations as amended or adopted by CIRA from time to time, copies of which are available on CIRA’s website at: www.cira.ca/en/PRP.html.
(j) “Transaction Request” means a request or transaction with respect to a Domain Name Registration, including requests or transactions to renew, transfer, modify or delete a Domain Name Registration.
4. Extended Definitions: In this Agreement: (a) “Domain Name Registry Authority” includes CIRA and each Registrar; and (b) “Domain Name” includes a Domain Name Registration. In the Supplementary Agreement for Domain Name Transactions (available by clicking here): (A) “Domain Name Transactions” include Transaction Requests; and (B) “Registry Agreements/Policies” includes the Registrant Agreement and the Registry PRP.
5. Acceptance of the Agreement: By submitting or approving an application for registration, transfer or renewal of a Domain Name Registration sponsored by us, you unconditionally accept and agree to this Agreement (as defined in section 2) and all other policies and terms and conditions incorporated by reference into this Agreement.
6. Registrant Agreement/Registry PRP:
(a) General: You acknowledge that any and all Transaction Requests and other Domain Name Transactions regarding .CA Domain Names are subject to, and conditional on your acceptance and agreement to, the Registrant Agreement and the Registry PRP. You will strictly comply with the Registrant Agreement and the Registry PRP. If there is a conflict between this Agreement and the Registrant Agreement or the Registry PRP, then the Registrant Agreement or the Registry PRP (as applicable) will take priority and govern.
(b) Acceptance Procedure: Before you submit an order for a Transaction Request or any other Domain Name Transaction regarding a .CA Domain Name, you must accept and agree to the Registrant Agreement in accordance with the procedure presented on the Website. Registration of your selected .CA Domain Name in an application to CIRA shall not be effective unless and until you have entered into and agreed to be bound by the Registrant Agreement. The presentation of the Registrant Agreement and its acceptance by you is a pre-condition to the granting of a Domain Name Registration. CIRA, at its sole discretion and at its sole option, shall have the ability to delete a Domain Name Registration at any time if it is determined that you were not expressly presented with, or did not agree to, the then-current version of the Registrant Agreement.
7. Qualified Applicants: By submitting an application or request for the registration of a .CA Domain Name or a Transaction Request or any other Domain Name Transaction regarding a .CA Domain Name, you represent and warrant that the person who is or is intended to be the Registrant of the relevant .CA Domain Name: (a) is a living individual or a valid and subsisting legal entity; (b) meets CIRA’s Canadian Presence Requirements for Registrants; and (c) is qualified (in accordance with this Agreement, the Registrant Agreement, the Registry PRP and applicable law) to hold and maintain the Domain Name Registration of the relevant .CA Domain Name.
8. Information/Data Disclosure: Without limiting the generality of any other provision of this Agreement:
(a) Disclosure to CIRA: You consent to our disclosure of information and data (including your personal information) to CIRA as required by CIRA in connection with any Domain Name Transaction relating to a .CA Domain Name or any matter with respect to a Domain Name Registration.
(b) Disqualification/Breach: You acknowledge that we may immediately give notice to CIRA if we become aware of or believe that a Registrant may no longer be entitled to a Domain Name Registration under the Registry PRP, or that the Registrant or a particular .CA Domain Name breaches the Registry PRP.
(c) Inaccurate Information: You acknowledge that we may immediately give notice to CIRA if we become aware of an actual or claimed inaccuracy in the information associated with a Domain Name Registration maintained by us, and that we may take reasonable steps to investigate and correct the actual or claimed inaccuracy.
9. Authority/Information: Without limiting the generality of any other provision of this Agreement:
(a) Authorization: By submitting a Transaction Request on behalf of a Registrant (which might be you or another member of your Customer Group), you authorize us to apply on behalf of the Registrant for the applicable transaction (including the registration, renewal, transfer, modification or deletion) for the relevant .CA Domain Name and to submit Transaction Requests on behalf of and in the name of the Registrant, and if you are not the Registrant then you represent and warranty that you are authorized by the Registrant to grant the authorization set forth above in this section 9(a).
(b) Information: You represent and warrant that all information you provide to us in connection with any Domain Name Transaction or any other Transaction Request regarding a .CA Domain Name (including an application for the registration, renewal, transfer, modification or deletion of a .CA Domain Name) is up-to-date, complete, true and accurate in all respects and is provided in accordance with all international, federal, provincial and local laws and regulations and other laws of applicable governmental authorities and with the consent of the relevant Registrant and all other interested persons.
10. ADDITIONAL DISCLAIMERS:
(a) GENERAL: WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS: (I) ALL SERVICES PROVIDED BY CIRA, INCLUDING THE PROVISION OF DOMAIN NAME REGISTRATIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (II) CIRA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING CIRA’S SERVICES, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (III) WITHOUT LIMITING THE FOREGOING, CIRA MAKES NO WARRANTY: THAT THE REGISTRY WILL BE AVAILABLE AT ALL TIMES; THAT CIRA’S SERVICES WILL BE TIMELY, SECURE OR ERROR FREE; THAT CIRA’S SERVICES WILL BE FREE FROM BUGS OR VIRUSES; WITH RESPECT TO THE ACCESSIBILITY, COMPATIBILITY OR INTEROPERABILITY OF THE REGISTRY OR RELATED SYSTEMS ACCESSED BY YOU OR ANY PERSON ON YOUR BEHALF; OR WITH RESPECT TO THE SECURITY OF THE REGISTRY OR ANY RELATED SYSTEMS ACCESSED BY YOU OR ANY PERSON ON YOUR BEHALF; AND (IV) CIRA DOES NOT GUARANTEE THE ACCURACY OR CURRENCY OF ANY WHOIS DATA.
11. Deletion/Suspension of Domain Name Registrations: You acknowledge and agree that CIRA may delete or suspend any Domain Name Registration in accordance with the Registrant Agreement and the Registry PRP.
12. Disputes: You will comply with CIRA’s Domain Name Dispute Resolution Policy, as amended from time to time by CIRA, a current copy of which is available at: www.cira.ca/assets/Documents/CDRPpolicy.pdf.
13. Third Party Beneficiaries: Notwithstanding anything in this Supplementary Agreement to the contrary, CIRA is and will be an intended third party beneficiary of this Supplementary Agreement, and is entitled to enforce the relevant provisions of this Supplementary Agreement for CIRA’s own benefit.