Supplementary Agreement for Top Level Domain Holdings Limited Domain Names

Supplementary Agreement for Top Level Domain Holdings Limited Domain Names

Last Revised: November 06, 2014.


1. Top Level Domain Holdings Limited 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 "TLDH TLD"), which are administered by Top Level domain Holdings Limited ("TLDH") or one of TLDH's affiliates.

2. Interpretation: For all Services provided by Webnames.ca relating to a domain name registered or proposed to be registered in a TLDH 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 .TLDH 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.

3. Definitions: In this Supplementary Agreement:

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

(b) "ICANN Policies" the policies and requirements adopted from time to time by ICANN, including the Consensus Policies (posted at https://www.icann.org/resources/pages/consensus-policies-2012-02-25-en) and each of the following: Trademark Clearinghouse and Trademark Claims Service, the Trademark Post-Delegation Resolution policies and procedures, the Registry Restrictions Dispute Resolutions Procedure, the Public Interest Commitment Dispute Resolutions policies and procedures and the Uniform Rapid Suspension System, as amended from time to time, and as posted on the ICANN website at http://www.icann.org/en/about/agreements/registries.

(c) "Personal Data" means data about any identified or identifiable natural person.

(d) "Registered Name" means a domain name registered or proposed to be registered in a TLDH TLD, or about which Registry Operator maintains data in a registry database, arranges for maintenance of data in a registry database or derives revenue from maintenance of data in a registry database. A name in the registry database may be a Registered Name even though the name may not appear in a TLDH TLD zone file (e.g. a registered but inactive name).

(e) "Registered Name Holder" means the holder of a Registered Name.

(f) "Registry Agreement" means the Registry Agreement between Registry Operator and ICANN for the operation of a .TLDH TLD, as the agreement(s) may be amended from time to time.

(g) "Registry Operator" means Top Level domain Holdings Limited or one of its affiliates.

(h) "Registry Policies" means the policies regarding a TLDH TLD and related matters established and revised from time to time by or on behalf of Registry Operator, including: (i) Naming Policy; (ii) Acceptable Use Policy; (iii) Privacy & Whois Policy; and (iv) any Complaint Resolution Service Policy.

(i) "Registry-Registrar Agreement" means the Registry-Registrar Agreement between Webnames.ca and Registry Operator or any of Registry Operator's successors or assigns, as amended from time to time.

(j) All other capitalized terms are defined elsewhere in this Supplementary Agreement or in the Webnames.ca Terms of Use and Services Agreement (available by clicking here).

4. Extended Definitions: In this Agreement: (a) "Domain Name Registry Authorities" include Registry Operator and its 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 (including each Registered Name Holder) unconditionally accept and agree to this Agreement (including 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 (including each Registered Name Holder) hereby submit to the Registry Policies, each in their most recent form and each as may be amended from time to time.

7. ICANN Policies: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) hereby submit to the ICANN Policies (including the Inter-Registrar Transfer Policy, Uniform Domain Name Dispute Resolution Policy, and the Uniform Rapid Suspension), each in their most recent form and each as may be amended from time to time.

8. Policies/Procedures: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) will comply with each of the following: (a) ICANN 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) operational standards, policies, procedures, and practices for the .TLDH TLD established and amended from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars, and consistent with the Registry Agreement.

9. Prohibited Conduct: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) acknowledge and agree that You are prohibited from 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, and that evidence of any such activity by You (including a Registered Name Holder) may result in application by Registry Operator or Webnames.ca of consequences (consistent with applicable law and any related procedures) including suspension of Your Registered Names.

10. Prohibited Domain Names: Without limiting the generality of any other provision of this Agreement:

(a) General: In addition to complying with ICANN's standards, policies, procedures and practices limiting domain names that may be registered, You (including each Registered Name Holder) will comply with applicable laws limiting the domain names that may be registered and with Registry Policies (including the Acceptable Use Policy and Naming Policy) as may be amended from time to time by Registry Operator in its discretion.

(b)Blocked/Reserved Names: You (including each Registered Name Holder) acknowledge and agree that Registry Operator may: (i) block names that Registry Operator considers to be profane or inappropriate in the .TLDH TLD, all two character names, and any other names as required by Registry Operator's contract with ICANN or by applicable law; and (ii) reserve names from registration and release those reserved names at any time.

11. Reservation: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) acknowledge and agree that Registry Operator reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status as Registry Operator deems necessary, in Registry Operator's unlimited and 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 or any Registrar (including Webnames.ca) in connection with a domain name registration; (c) if required by a URS or UDRP proceeding; (d) under the terms of the Registry Policies; or (e) for the non-payment of fees to Registry Operator.

12. Information/Data Disclosure: Without limiting the generality of any other provision of this Agreement:

(a) Accurate Data: You (including each Registered Name Holder) will ensure that all information and data that You provide to Webnames.ca or Registry Operator, including information relating to Domain Name Transaction or a Registered Name, is accurate and complete.

(b) Corrections/Updates: You (including each Registered Name Holder) will immediately correct and update Your contact information and the registration information for each of Your Registered Names during the registration term for the Registered Name, including Personal Data associated with the Registered Name.

(c) License Grant: You (including each Registered Name Holder) hereby grant and agree to grant to each of Webnames.ca and Registry Operator a non-exclusive, royalty-free, non-transferable, worldwide limited license to use all information and data (including the Registered Name, the IP addresses of name servers, and other data required or permitted by technical specifications of the shared registry system) that You provide to either of Webnames.ca and to Registry Operator to provide Services relating to Your Registered Names and the operation of the .TLDH TLD registry, including for propagation of and the provision of the TLD zone files, or as otherwise required or permitted by the Registry Agreement, as amended from time to time.

(d) Disclosure to Registry Operator: You (including each Registered Name Holder) consent to Webnames.ca's disclosure of information and data (including the IP addresses of name servers for Your Registered Names and other Personal Data) to 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, and irrevocably authorize and permit Webnames.ca to authorize and license, Registry Operator and Registry Operator's service providers to use, disclose and publish the data as required for Domain Name Transactions and as otherwise required or permitted by the Registry-Registrar Agreement and Registry Policies.

(e) Verification: You (including each Registered Name Holder) will promptly respond to any request by Webnames.ca or Registry Operator for verification of data and information that You have provided to Webnames.ca or Registry Operator regarding a Registered Name.

(f) Inaccurate Information: You (including each Registered Name Holder) acknowledge that Webnames.ca may immediately give notice to Registry Operator if Webnames.ca becomes aware of an actual or claimed inaccuracy in the information associated with a Registered Name.

13. 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:

(a) General Consent: You (including each Registered Holder) consent to Webnames.ca disclosing Your Personal Data to Registry Operator, and You (including each Registered Holder) consent to the collection, use, copying, distribution, publication, modification and other processing of Your Personal Data (including each Registered Name Holder's Personal Data) by Registry Operator and Registry Operator's designees and agents in a manner consistent with the purposes specified by Registry Operator to Registrar. 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: Without limiting the generality of section 14(a), You (including each Registered Name Holder) 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 individual Personal Data and provided that the use of the demographic data is compatible with the notice provided by Registry Operator to Webnames.ca regarding the purpose and procedures for the use of the demographic data.

14. Privacy/Proxy Services: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) acknowledge and agree that any privacy or proxy service offered by or through Webnames.ca is subject to the requirement that the identity and contact details of the person using the privacy or proxy service will be disclosed: (i) to a URS or UDRP provider in response to a request from such a provider in connection with URS or UDRP proceedings; (ii) to the Registry Operator if in the Registry Operator's reasonable opinion the relevant Registered Name has been registered or is being used in a manner that is contrary to any aspect of the Registry Policies; and (iii) pursuant to an order of the English courts or the order of any other court of competent jurisdiction.

15. Time: In the event of any dispute concerning the time of the entry of a domain name registration into a registry database, the time shown in the .TLDH TLD registry records will be determinative.

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 REGISTRY OPERATOR AND ITS SUBCONTRACTORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES 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 DOMAIN NAME REGISTRATION. THIS SECTION 16 WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

17. Fees: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) acknowledge and agree that 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, are subject to change by Webnames.ca from time to time, and are not refundable under any circumstances, unless this Agreement or Webnames.ca's Websites expressly state otherwise.

18. Third Party Beneficiaries: Notwithstanding anything in this Agreement to the contrary, 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.

19. Survival: Notwithstanding any other provision of this Agreement, each of sections 8, 12, 13, 14, 15, 17, 18, 19 and 20 of this Supplementary Agreement, and all other provisions of this Agreement necessary to the interpretation or enforcement of those sections, will survive indefinitely after the expiration or termination of this Agreement and the expiration and termination of the Registry-Registrar Agreement.



Schedule 1

The TLDH TLDs are as follows:

  • .abogado
  • .beer
  • .casa
  • .cooking
  • .country
  • .fashion
  • .fishing
  • .fit
  • .garden
  • .horse
  • .law
  • .nrw
  • .rodeo
  • .surf
  • .vip
  • .vodka
  • .wedding
  • .work
  • .yoga
(TLDH and/or Webnames.ca may add or subtract from this list at its sole discretion)

 


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