Supplementary Agreement for .CLUB Domain Names

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.

 

 

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