Supplementary Agreement for .ORGANIC Domain Names
Last Revised: September 11, 2014.
1) .ORGANIC TLD: This Supplementary Agreement applies to domain names registered or proposed to be registered in the .ORGANIC top level domain (the “ORGANIC TLD”).
2. Interpretation: For all Services provided by Webnames.ca relating to domain names registered or proposed to be registered in an Afilias 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 both the Afilias General Registration Policies (available by clicking here) as well as this Supplementary Agreement for Afilias Generic Top-Level 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) “ORGANIC TLD Policies” means the policies and procedures regarding the ORGANIC TLD and related matters established and revised from time to time by or on behalf of Registry Operator, a list of which is posted on the ORGANIC TLD website at http://get.organic/registration_policy.
(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, registered or proposed to be registered in the ORGANIC TLD or about which Registry Operator or a Registry Service Provider maintains data, arranges for maintenance of data or derives revenue from maintenance of data. A name in the registry database of the ORGANIC TLD may be a Registered Name even though the name does not appear in a ORGANIC 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 Registry Operator and ICANN, for the operation of the ORGANIC TLD, as amended from time to time.
(f) “Registry Operator” means Afilias Limited.
(g) “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.
(h) “Registry Service Provider” means Afilias Ltd. or any other person selected by Registry Operator to perform services (including technical backend services) regarding the ORGANIC TLD or the registry for the ORGANIC TLD.
(i) 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 (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) ORGANIC TLD Policies: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) acknowledge and agree that Your registration and use of a Registered Name, and all Services regarding a Registered Name, are subject to the ORGANIC TLD Eligibility Requirements and Policies (available by clicking here), including the ORGANIC TLD Registration Policy (available by clicking here) and Acceptable Use Policy (available by clicking here). By submitting an application for registration or renewal of a Registered Name, You (including each Registered Name Holder) unconditionally accept and agree to comply with all ORGANIC TLD Policies, including the Afilias Anti-Abuse Policy (available by clicking here).
7) Conflict: If there is a discrepancy between the terms of this Agreement required by the Registry-Registrar Agreement and any other terms of this Agreement, the terms of this Agreement required by the Registry-Registrar Agreement will supersede and take priority.
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’s standards, policies, procedures and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (b) operational standards, policies, procedures, and practices for the ORGANIC TLD established and amended from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars, and consistent with ICANN’s standards, policies procedures and practices and the Registry Agreement; and (c) public interest commitments (as set forth in Specification 11 to the Registry Agreement, as amended from time to time), community registration policies (if applicable, as set forth in Specification 12 to the Registry Agreement, as amended from time to time) and Government Advisory Committee (“GAC”) safeguards (as set forth in the .ORGANIC Acceptable use Policy or otherwise published or provided by Afilias from time to time)
9) Prohibited Conduct: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) agree that Your Registered Name will not be used to distribute malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in any activity contrary to applicable law. If You (including a Registered Name Holder) 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) 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, that Registry Operator deems necessary, in its discretion:
(a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry Operator as well as its affiliates, subsidiaries, officers, directors and employees; (d) in accordance with the provisions of this Agreement or for violations of the Registry-Registrar Agreement; or (e) to correct mistakes made by Registry Operator or any registrar (including Webnames.ca) in connection with a domain name registration. Registry Operator also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
11) 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) No WHOIS Privacy: You (including each Registered Name Holder) agree that .ORGANIC is a restricted TLD and requires that accurate Registrant data is available in the whois at all times. Therefore, Whois Privacy is not allowed in .ORGANIC registrations.
(c) 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.
(d) 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, non-transferable, limited license to use all information and data 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 ORGANIC TLD registry, including for propagation of and the provision of the TLD zone files.
(e) 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 nameservers 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 Registry Operator (and irrevocably authorize and permit Webnames.ca to license Registry Operator and its designated Registry Service Provider) to use, disclose and publish the data as required for the Domain Name Transaction and as otherwise required or permitted by the Registry-Registrar Agreement and ORGANIC TLD Policies.
(f) 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.
(g) 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.
12) 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 its designees and agents in a manner consistent with the purposes specified by Registry Operator to Registrar pursuant to the Registry-Registrar Agreement. 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 12(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.
13) Legal Compliance: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) will continue to act in accordance with, and to comply with, all applicable laws and regulations, including laws relating to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws.
14) Launch: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder): (a) agree to be bound by the terms and conditions of the initial launch of the ORGANIC TLD, including without limitation the sunrise period, and the landrush period, and the Sunrise Dispute Resolution Policy; and (b) acknowledge and agree that Registry Operator has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the landrush period, including without limitation: (i) the ability or inability of a registrant to obtain a Registered Name during these periods, and (ii) the results of any dispute over a sunrise registration.
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 ORGANIC TLD registry records will prevail.
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 (including Registry Service Provider) and the directors, officers, employees, affiliates and agents of each of them 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, any breach of this Agreement and any use of Your domain name. This section 16 will survive the expiration or termination of this Agreement and the Registry-Registrar 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) Dispute Resolution: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) will submit to proceedings commenced under any of the following policies and procedures, each in their most recent form and each as amended from time to time: (a) ICANN’s Uniform Domain Name Dispute Resolution Policy; (b) ICANN’s Uniform Rapid Suspension Procedure and Rules; and (c) any other dispute resolution mechanism imposed by ICANN and/or organized by Registry Operator.
19) 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.
20) Survival: Notwithstanding any other provision of this Agreement, each of sections 10, 11, 12, 16, 17, 18, 19 and 20 and 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.