Last Revised: March 10, 2014
1.
Application:
This Supplementary Agreement for .CLUB Domain Names applies to domain names
registered or proposed to be registered in the .CLUB domain.
2.
Interpretation:
For all Services provided by Webnames.ca relating to a domain name registered
or proposed to be registered in the .CLUB 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 Supplementary Agreement for
.CLUB Domain Names (available by clicking here) and this Registrant Agreement
for .CLUB Domain Names. If there is a conflict between this Registrant Agreement
for .CLUB Domain Names and any 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, or the Supplementary Agreement for
.CLUB Domain Names, then this Registrant Agreement for .CLUB 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 .CLUB TLD, whether consisting of two or more (e.g.,
john.smith.name) levels. For greater certainty, a domain name registered in the
.CLUB 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 .CLUB
TLD, as amended from time to time.
(f)
“Registry Operator” or “Registry”
means .Club Domains, LLC, a Florida Limited Liability Company, with its
principal place of business located at 1640 W. Oakland Park Road #304, Ft.
Lauderdale, Florida 33111.
(g)
“Registry Policies” means the terms of
service, agreements, policies and procedures established and amended by
Registry Operator from time to time, as published on Registry Operator’s
website (www.nic.club).
(h)
“Registry-Registrar Agreement” means the
agreement between Registry Operator and Webnames.ca, as amended from time to
time.
(i)
“Registry Service Provider” means Neustar,
Inc. and any other person engaged by Registry Operator to provide Registry Services.
(j)
“Registry Services” means: (i)
those services that are both (A) operations
of the registry critical to the following tasks: the receipt of data from
registrars concerning registrations of domain names and name servers; provision
to registrars of status information relating to the zone servers for the .CLUB
TLD; dissemination of .CLUB TLD zone files; operation of the registry zone
servers; and dissemination of contact and other information concerning domain
name server registrations in the .CLUB TLD as required by this Agreement; and (B)
provided by Registry Operator for the .CLUB TLD registry as of the effective
date of the Registry Agreement;
(ii)
other products or services that
Registry Operator is required to provide because of the establishment of a
Consensus Policy, Specification or Temporary Policy (as defined in the Registry
Agreement);
(iii)
any other
products or services that only a registry operator is capable of providing, by
reason of its designation as the registry operator; and
(iv)
material changes to any Registry
Service within the scope of (i), (ii) or (iii) above in this section
3(j).
(k)
“TLD” means a top-level domain of the domain
name system.
(l)
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 relevant Registry Policies.
4.
Extended Definitions: In this Agreement: (a)
“Domain Name Registry Authorities”
includes Registry Operator and Registry Service Provider and their respective
successors and assigns; 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 and this Supplementary Agreement) and all other policies and terms and conditions incorporated into this Agreement by reference.
6.
Registry Policies:
(a)
General:
Without
limiting the generality of any other provision of this Agreement, You
acknowledge and agree that all Registry Services and other Services regarding a
Registered Name are subject to Registry Policies. You will comply with Registry
Policies and all other operational standards, policies, procedures and
practices for the .CLUB TLD established and amended from time to time by the
Registry Operator. Registry Policies may be revised from time to time by
Registry Operator and are available on Registry Operator’s website (
www.nic.club
). Any additional or revised operational standards, policies,
procedures and practices for the .CLUB TLD will be effective upon posting on
Registry Operator’s website (
www.nic.club
).
(b)
Acceptable Use and Terms of Service: Without limiting the generality of section 6(a)
or any other provision of this
Agreement, You will comply with Registry’s Acceptable Use policies and Terms of
Service, as they may be instituted or updated from time to time and published
on the Registry website (www.nic.club).
7.
Certifications for each Application:
Without limiting the generality of any other provision of this
Agreement, by submitting an application for registration or renewal of a
Registered Name, You certify, represent and warrant as follows:
(a)
the data provided in the domain name
registration application is true, correct, up to date and complete;
(b)
You have the authority to enter into the
registration agreement; and
(c)
the domain name will not be used for
distributing malware, abusively operating botnets, phishing, piracy, trademark
or copyright infringement, fraudulent or deceptive practices, counterfeiting or
otherwise engaging in activity contrary to applicable law. If You breach this
section
7
, then Webnames.ca in
its discretion may immediately suspend or delete Your Registered Names and suspend
or terminate all related Services, all without notice or liability to You or
any other person.
8.
Information/Data Disclosure:
Without limiting the generality of any other provision of this
Agreement:
(a)
Disclosure to Registry Operator:
You consent to Webnames.ca’s disclosure of information and data
(including Your Personal Data) to Registry Operator and Registry Service
Provider as required in connection with any Domain Name Transaction relating to
a Registered Name or any related matter.
(b)
Accurate Data:
You will ensure that all information and data You provide to Webnames.ca
regarding a Domain Name Transaction relating to a Registered Name, including
the contact data for each Registered Name Holder, is accurate and complete.
(c)
Inaccurate Information:
You acknowledge that Webnames.ca may immediately give notice to
Registry Operator and Registry Service Provider if Webnames.ca becomes aware of
an actual or claimed inaccuracy in the information associated with a Registered
Name.
9.
Personal Data:
Without limiting the generality of any other provision of this Agreement:
(a)
Consent:
You
hereby consent to the collection, use, copying, distribution, publication,
modification and other processing of Your Personal Data by and on behalf of Registry
Operator and Registry Operator’s designees and agents (including Registry
Service Provider) in a manner consistent with the purposes set forth in this
Agreement, the Registry Agreement, relevant Registry Policies and current ICANN
policies.
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 or Registry Operator’s designees and agents (including Registry
Service Provider) regarding Personal Data, including Registry Operator’s
collection, use, disclosure, processing, retention and deletion of Personal
Data.
(b)
Registry Privacy Policy: Without limiting the generality of section 9(a)
, You hereby consent to Registry
Operator’s collection and use of Your Personal Data in accordance with Registry
Operator’s Privacy Policy, as established and updated from time to time (a copy
of which is available on the Registry website at
www.nic.club).
(c)
Specific Use of Personal Data by Registry
Operator:
Without limiting the generality of either
of sections
9(a) and 9(b), You hereby consent to: (i)
the collection and use of Your Personal
Data by Registry Operator for the purposes of providing Registry Services as
defined in ICANN’s Registry Agreements (including publication of registration
data in the directory services, also known as “Whois” or “RDDS”) and to protect
the security and stability of the Registry Services and Systems; and
(ii)
the use of Your demographic data by Registry
Operator for internal statistical analysis, provided that this analysis will not
disclose individual Personal Data and provided such use is compatible with the
notices provided to registrars regarding the purpose and procedures for such
use.
10.
Prohibited Conduct:
Without limiting the generality of any other provision of this
Agreement, You will not distribute malware or abusively operating botnets, or
engage in phishing, piracy, trademark or copyright infringement, fraudulent or
deceptive practices, counterfeiting or any other activity contrary to
applicable law. If You engage in any of the activities listed above in this
section 10, then Webnames.ca in its discretion may immediately
suspend or delete Your Registered Names and suspend or terminate all
related Services, all without notice or liability to You or any other person.
11.
Policies/Procedures an d:
Without limiting the generality of any other provision of this
Agreement, You will comply with each of the following:
(a)
ICANN standards, policies, procedures
and practices for which Registry Operator has responsibility in accordance with
the Registry Agreement; and
(b)
operational standards, policies,
procedures, and practices for the .CLUB TLD as set forth in the Registry
Agreement and as established from time to time by Registry Operator.
12.
Prohibited Domain Names:
Without limiting the generality of any other provision of this
Agreement, and in addition to complying with ICANN standards, policies,
procedures, and practices limiting domain names that may be registered, You
will comply with all applicable laws limiting the domain names that may be
registered in the .CLUB TLD.
13.
Sunrise and Landrush
(a)
Definition:
In
this Agreement:
(i)
“Landrush Process” means a time
limited process that enables persons to register high value domain names in the
.CLUB TLD; and
(ii)
“Sunrise Process” means a time
limited process that enables registered trademark and service mark owners to register
domain names in the .CLUB TLD that correspond to their registered marks.
(b)
Sunrise:
Without
limiting the generality of any other provision of this Agreement, by submitting
an application for registration of a domain name pursuant to a Sunrise Process:
(i)
You represent and warrant
that You meet all requirements (including Registry Operator’s Sunrise
Eligibility Requirements) for the application and registration of the domain
name (including ownership of a nationally or regionally registered mark for
which proof of current use was submitted to, and validated by, the Trademark
Clearinghouse and for which a Signed Mark Data has been obtained);
(ii)
You agree to participate in good faith
in any proceedings (including auction procedures and applicable rules) described
or referenced in the Registry Policies or the Registry-Registrar Agreement
relating to the application and You agree to provide all necessary information
pertaining to an auction of domain names; and
(iii)
You acknowledge that Registry Operator
or its authorized auction provider or agent is authorized to share information relating
to Your application with other Sunrise applicants.
(c)
Landrush:
Without limiting the generality of any other provision of this Agreement, by
submitting an application for registration of a domain name pursuant to a Landrush
Process:
(i)
You agree to
participate in good faith in any proceedings (including auction procedures and
applicable rules) described or referenced in the Registry Policies or the
Registry-Registrar Agreement relating to the application and You agree to
provide all necessary information pertaining to an auction of domain names; and
(ii)
You acknowledge that
Registry Operator or its authorized auction provider or agent is authorized to
share information relating to Your application with other Landrush applicants.
(d)
Disclaimer:
Without limiting the generality of any other provision of this Agreement, You acknowledge
and agree that Webnames.ca, Registry and Registry Operator and each of their
respective subcontractors, affiliates, agents and service providers will have
no liability of any kind for any direct or indirect loss or liability resulting
from or arising in connection with a Sunrise Process or a Landrush Process or
any related auction procedures, including Your ability or inability to reserve
a domain name in the .CLUB TLD through any of those processes or any dispute
between any persons arising in connection with any of those processes.
14.
Reservation of Rights by Registry Operator:
Without limiting the generality of any other provision of this
Agreement, You acknowledge and agree that Registry reserves the right to deny,
cancel or transfer any Registered Name or Domain Name Transaction, or place any
Registered Name on registry lock, hold or similar status, as Registry deems
necessary, in Registry’s unlimited and sole discretion, for any of the
following reasons:
(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,
Webnames.ca or any other registrar in connection with a domain name
registration,
(c)
for the non-payment of fees to Registry;
(d)
to protect the integrity,
security and stability of the Internet or Registry;
(e)
to comply with any applicable laws,
government rules or requirements, requests of law enforcement or any other
relevant authority or in compliance with any dispute resolution process;
(f)
to avoid any liability, civil or
criminal, on the part of Webnames.ca, Registry Operator or Registry Service
Provider or any of their respective affiliates, subsidiaries, subcontractors,
officers, directors, employees and stockholders;
(g)
for violations of this Agreement or the
Registry-Registrar Agreement (including its exhibits);
(h)
to correct mistakes made by Webnames.ca,
Registry Operator or any Registrar in connection with a domain name registration;
and
(i)
to ensure compliance
with ICANN and Registry Operator policies and procedures. Registry Operator
also reserves the right to lock or place on hold a domain name during
resolution of a dispute. Registry Operator also reserves the right to take
immediate action to remove orphan glue records (as defined at http://www.icann.org/en/committees/security/sac048.pdf)
when provided with evidence in written form that such records are present in
connection with malicious conduct.
15.
Premium Names:
You
acknowledge and agree that Registry Operator may designate a domain name in
the .CLUB TLD to be a “Premium Name” that is either:
(a)
not available for registration through
Webnames.ca; or
(b)
is subject to additional terms and
conditions (the “Premium Name Agreement”) established and amended by
Registry Operator in its discretion from time to time. If You register a
Premium Name through Webnames.ca, then Your rights and obligations regarding the
Premium Name will be governed by this Agreement and the Premium Name Agreement.
Without limiting the generality of the foregoing in this section 15, if You
register a Premium Name in breach of the Premium Name Agreement, then Registry
Operator may use any means necessary (including operational access to the
domain through Registry Operator’s systems) to recover the domain
name.
16.
Dispute Resolution:
Without limiting the generality of any other provision of this
Agreement:
(a)
General:
You
will submit to proceedings commenced under any of the following dispute
resolution policies or procedures:
(a)
ICANN’s Uniform Domain Name Dispute
Resolution Policy (“UDRP”) identified on ICANN's website (www.icann.org/general/consensus-policies.htm),
as modified from time to time;
(b)
the Uniform Rapid Suspension System (“URS”)
procedure or its replacement;
(c)
ICANN’s Post-Delegation Dispute Resolution Procedures (“PDDRP”)
procedure or its replacement; and
(d)
any other applicable dispute resolution
procedure as required by Registry Operator or any other registry operator for
which Webnames.ca is providing Registry Services.
(b)
Acknowledgement:
You, including each Registered Name Holder, acknowledge having read and
understood and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(i)
The Uniform Domain Name Dispute
Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
(ii)
The Uniform Rapid
Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
and
(iii)
The Post-Delegation Dispute Resolution Procedures, available at http://newgtlds.icann.org/en/program-status/pddrp;
and
(iv)
The Transfer Dispute
Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.
You further acknowledge that Webnames.ca and Registry Operator are not required
to ensure that a domain name is being used in compliance with the UDRP, the URS, the PDDRP
Procedure and Rules or the TDRP processes.
17.
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
REGISTRY OPERATOR ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OR CONDITION OF
ANY KIND; (B) REGISTRY OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
OF THIRD PARTY RIGHTS; (C) REGISTRY OPERATOR DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS THAT THE SERVICES PROVIDED BY REGISTRY OPERATOR WILL MEET YOUR
REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE
CORRECTED; AND (D) REGISTRY OPERATOR DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE SERVICES OR THE CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE OF ANY SERVICE PROVIDED BY THE REGISTRY
OPERATOR.
18.
INDEMNITY:
WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THIS AGREEMENT, YOU (INCLUDING
EACH REGISTERED NAME HOLDER) WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WEBNAMES.CA,
REGISTRY OPERATOR AND REGISTRY SERVICE PROVIDER AND EACH OF THEIR RESPECTIVE SUBCONTRACTORS,
SUBSIDIARIES, AFFILIATES, DIVISIONS, SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES, ACCOUNTANTS, ATTORNEYS, INSURERS, AGENTS, PREDECESSORS, SUCCESSORS
AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES,
COSTS, EXPENSES, CAUSES OF ACTION OR OTHER LIABILITIES OF ANY KIND, WHETHER
KNOWN OR UNKNOWN, INCLUDING REASONABLE LEGAL AND ATTORNEY’S FEES AND EXPENSES,
IN ANY WAY ARISING OUT OF, RELATING TO, OR OTHERWISE IN CONNECTION WITH YOUR DOMAIN
NAME REGISTRATION. THIS SECTION
18
WILL SURVIVE THE EXPIRATION OR
TERMINATION OF THIS AGREEMENT FOR ANY REASON.
19.
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 (such
as fees relating to applications or requests made in connection with a Sunrise
Process or Landrush Process) are payable regardless of the outcome of the
Service (e.g. even if a Sunrise application does not result in a Registered
Name).
20.
Third Party Beneficiaries:
Notwithstanding anything in this Agreement to the contrary, each
of Registry Operator and Registry Service Provider is and will remain an
intended third party beneficiary of this Agreement and is entitled to enforce
the relevant provisions of this Agreement for their own benefit.
__________________________________________________________________