Supplementary Agreement for Generic Top-Level Domain Names Administered by Famous Four Media

1.             FFM TLDs: This Supplementary Agreement applies to domain names registered or proposed to be registered in any of the generic top level domains listed in Schedule 1 to this Supplementary Agreement (each a “FFM TLD”) which are operated by the applicable registry operator listed in Schedule 1 to this Supplementary Agreement (each a “Registry Operator”) with administrative assistance by Famous Four Media Limited (“FamourFourMedia”).

2.             Interpretation: For all Services provided by Webnames.ca relating to a domain name registered or proposed to be registered in a FFM TLD, 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) and this Supplementary Agreement for Generic Top-Level Domain Names Administered by Famous Four Media (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.

3.             Definitions: In this Supplementary Agreement:

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

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

(c)            Registered Name” means a domain name, whether consisting of two or more levels (e.g. john.smith.example), registered or proposed to be registered in a FFM TLD. A name in the registry database of a FFM TLD may be a Registered Name even though the name does not appear in a TLD zone file (e.g. a registered but inactive name).

(d)           Registered Name Holder” means the holder of a Registered Name.

(e)           Registry Agreement” means the Registry Agreement between a Registry Operator and ICANN for the operation of the relevant FFM TLD, as the agreement may be amended from time to time.

(f)            Registry Policies” means the terms of service, agreements, policies and procedures regarding a FFM TLD established and amended by the relevant Registry Operator from time to time, as published on the Registry Operator’s website, including the following: (i) gTLD Acceptable Use and Takedown Policy; (ii) Data Protection and Privacy Policy; (iii) Registration and Auction Policy; (iv) Reserved Names Policy; (v) Sunrise Dispute Resolution Policy; and (vi) WHOIS Policy.

(g)           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 the relevant Registry Policies.

4.             Extended Definitions: In this Agreement: (a)Domain Name Registry Authorities” include FamourFourMedia and each Registry Operator and their respective successors and assigns; and (b) ”Domain Names” includes each 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: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree that all Services regarding a Registered Name in a FFM TLD are subject to the Registry Policies for the FFM TLD. By submitting an application for registration or renewal of a Registered Name in a FFM TLD, You unconditionally accept and agree to comply with the relevant Registry Policies. For greater certainty, Registry Policies may be revised from time to time by the relevant Registry Operator and are available on the relevant Registry Operator’s website.

7.             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 Personal Data) to each Registry Operator as required in connection with any Domain Name Transaction relating to a Registered Name or any related matter, and You authorize and license the Registry Operator to use the data as required for the Domain Name Transaction and for propagation of, and the provision of authorized access to, the FFM TLD zone files and as otherwise required in the Registry Operator’s operation of the FFM TLD.

(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 the relevant Registry Operator if Webnames.ca becomes aware of an actual or claimed inaccuracy in the information associated with a Registered Name.

8.             Personal Data: Without limiting the generality of any other provision of this Agreement, by submitting an application for registration or renewal of a Registered Name in a FFM TLD:

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

(b)           Registry Operator’s Privacy Policy: Without limiting the generality of section 8(a), You hereby consent to the collection and use of Your Personal Data by the Registry Operator of the FFM TLD 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 Operator’s website).

(c)            Demographic Data: Without limiting the generality of either of sections 8(a) and 8(b), You acknowledge and agree that the Registry Operator of the FFM TLD may from time to time use demographic data collected for statistical analysis, provided that the analysis is only for the purposes listed in section 8(d) and will not disclose Personal Data.

(d)           Specific Use of Personal Data by Registry Operator: Without limiting the generality of any of sections 8(a), 8(b) and 8(c), You hereby acknowledge and agree that the Personal Data that You provide to Webnames.ca in connection with a Domain Name Transaction regarding a Registered Name may be disclosed by Webnames.ca to the relevant Registry Operator and may be used by the Registry Operator for each of the following purposes: (i) inclusion in the a searchable WHOIS directory providing free public query-based access to the details as required by clauses 1.5 and 1.6 of specification 4 of the applicable Registry Agreement; (ii) research on an amalgamated statistical basis; (iii) day to day operations of the Registry Operator, including email contact by the Registry Operator with the Registered Name Holder as required by any acceptable use policy; (iv) to Registry Operator’s service providers which/who provide legal, accounting, delivery, installation, systems support, escrow, marketing, clearinghouse and other Registry services on behalf of the Registry Operator; (v) as may be required by law enforcement agencies or a court order or other compulsory operation of law applicable to the Registry Operator; and (vi) as may be required by ICANN in accordance with a zone file access request in accordance with specification 4 of the applicable Registry Agreement.

9.             Abusive Practices: Without limiting the generality of any other provision of this Agreement, You will not engage in any of the following abusive practices: 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 9, 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.

10.           Acceptable Use Policy: Without limiting the generality of any other provision of this Agreement, You will comply with each relevant Registry Operator’s acceptable use policy. Each Registry Operator reserves the right to take action necessary to deny, cancel, suspend, lock or transfer any registration in violation of the Registry Operator’s acceptable use policy.

11.           Restrictions on 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 each FFM TLD.

12.           Reserved Names: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree that: (a) each Registry Operator is obligated to comply with the requirements set forth in the applicable Registry Agreement regarding the availability and reservation of domain names in each FFM TLD; (b) each Registry Operator reserves the right to withhold from registration or allocate to Registry Operator, at all levels within the relevant FFM TLD, any label or name (including their IDN variants where applicable) within a FFM TLD; (c) each Registry Operator may at any time establish or modify policies concerning the Registry Operator’s ability to reserve or block additional character strings within a FFM TLD at the Registry Operator’s discretion; and (d) each Registry Operator reserves the right to reserve any and all domain names, regardless of whether there is an existing trademark associated with the name as determined by the ICANN designated trademark clearinghouse.

13.           Standards/Polices: Without limiting the generality of any other provision of this Agreement:

(a)           General: You acknowledge that Webnames.ca is required by each Registry Operator to comply with (i) ICANN standards, policies, procedures, and practices for which the Registry Operator has monitoring responsibility in accordance with the relevant Registry Agreement or other arrangement with ICANN; and (ii) operational standards, policies, procedures, and practices for each FFM TLD as set forth in the relevant Registry Agreement and as established from time to time by the Registry Operator and consistent with ICANN standards, policies, procedures, and practices and the Registry Operator’s Registry Agreement with ICANN, including, in particular, any acceptable use policy, which delineates all the types of activity that define abuse and reserves the right of the relevant Registry Operator to take appropriate action based on the type of abuse. Additional or revised Registry Operator operational standards, policies, procedures and practices for each FFM TLD shall be effective upon thirty days’ notice by Registry Operator to Webnames.ca.

(b)           Your Obligations: You will comply with: (i) ICANN standards, policies, procedures, and practices for which a Registry Operator has monitoring responsibility in accordance with the relevant Registry Agreement or other arrangement with ICANN; and (ii) operational standards, policies, procedures, and practices for each FFM TLD as set forth in the relevant Registry Agreement and as established from time to time by the relevant Registry Operator and consistent with ICANN standards, policies, procedures, and practices and the relevant Registry Operator’s Registry Agreement with ICANN, including, in particular, any acceptable use policy, which delineates all the types of activity that define abuse and reserves the right of the relevant Registry Operator to take appropriate action based on the type of abuse. Additional or revised Registry Operator operational standards, policies, procedures and practices for each FFM TLD shall be effective upon thirty days’ notice by Registry Operator to Webnames.ca.

14.           Permissions/Authorization: Without limiting the generality of any other provision of this Agreement, You hereby grant and agree to grant to each relevant Registry Operator all permissions, authorisations and confirmations required from You and each Registered Name Holder or any other data subject that are reasonably required by the Registry Operator or Webnames.ca in order to comply with section 13.

15.           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 a Registry Operator are provided “as-is” and without any warranty or condition of any kind; (b) each Registry Operator disclaims all warranties and conditions, express or implied, including implied warranties and conditions of merchantability or satisfactory quality, fitness for a particular purpose and infringement of third party rights; (c) a Registry Operator does not warrant or make any representations that the services provided by the Registry Operator will meet Your requirements or will be uninterrupted or error-free, or that defects will be corrected; and (d) a Registry Operator does not warrant or make any representations regarding the correctness, accuracy, reliability or otherwise of any service provided by the Registry Operator.

16.           Indemnity: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) will indemnify, defend and hold harmless each Registry Operator and the Registry Operator’s subcontractors (including the registry back-end services provider) and their respective directors, officers, employees, affiliates and agents of each of them (including and FamousFourMedia) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to Your domain name registration, except due to Registry Operator's negligence, error or omission. This section 16 will survive the expiration or termination of this Agreement.

17.           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) are payable regardless of the outcome of the Service (e.g. even if a sunrise application does not result in a Registered Name).

18.           Third Party Beneficiaries: Notwithstanding anything in this Agreement to the contrary, each 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 the Registry Operator’s own benefit.

 

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Schedule 1 – FFM TLDs and Registry Operators

The FFM TLDs are as follows:

 

.bid
.trade
.webcam
.party
.science
.cricket
.faith
.date
.review
.accountant
.download
.racing
.loan
.win
.men
.stream

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