Supplementary Agreement for Radix Domain Names

Supplementary Agreement for Generic Top-Level Domain Names Administered by Radix

Last Revised: May 25, 2015

1. Radix 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 “Radix 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 Radix FZC (“ Radix”).

2. Interpretation: For all Services provided by Webnames.ca relating to a domain name registered or proposed to be registered in a Radix 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 Radix (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) “Master Registry-Registrar Agreement” means the Master Registry-Registrar Agreement between Webnames.ca and each Registry Operator.

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

(d) “Registered Name” means a domain name, whether consisting of two or more levels, registered or proposed to be registered in a Radix TLD. A name in the registry database of a Radix 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).

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

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

(g) “Registry Policies” means the terms of service, agreements, policies and procedures regarding a Radix TLD established and amended by the relevant Registry Operator from time to time, as published on the Registry Operator’s website.

(h) “Registry Service Provider” means the registry service provider designated and contracted with a Registry Operator or its assigns.

(i) “Regulated and Highly Regulated Domains” mean domains identified in Schedule 1 as Regulated and Highly Regulated and are subject to additional requirements mandated by ICANN.

(j) 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 Radix 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 Radix TLD are subject to the Registry Policies for the Radix TLD. By submitting an application for registration or renewal of a Registered Name in a Radix 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 the IP addresses of nameservers for Your Registered Name, and other Personal Data) to each Registry Operator and its designated Registry Service Provider 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 (and irrevocably authorize and permit Webnames.ca to license the Registry Operator and its designated Registry Service Provider) to use the data as required for the Domain Name Transaction and for propagation of and the provision of authorized access to the Radix TLD zone files and as otherwise required or permitted by the Registry Operator’s Registry Agreement concerning the operation of the Radix 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 Radix TLD:

(a) General Consent: You hereby consent to Webnames.ca disclosing Your Personal Data to the Registry Operator of each relevant Radix TLD, and You hereby consent to the collection, use, copying, distribution, publication, modification and other processing of Your Personal Data by the Registry Operator and its designees and agents, including data escrow requirements as determined and amended by ICANN from time to time for new gTLDs. 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 each relevant Radix 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 Error! Reference source not found., You acknowledge and agree that the Registry Operator of each relevant Radix TLD may from time to time use aggregated demographic data collected for statistical analysis, provided that the analysis will not disclose individual Personal Data and provided that the use of the aggregated data is compatible with the notice provided by the Registry Operator to registrars regarding the purpose and procedures for the use of the aggregated data.

9. Reservation: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree that each Registry Operator reserves the absolute right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as the Registry Operator deems necessary, in its unlimited and sole 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 the Registry Operator or any registrar (including Webnames.ca) in connection with a domain name registration, (c) for the non-payment of fees to the Registry Operator, (d) to protect the integrity and stability of the Registry System; (e) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; or (f) to avoid any liability, civil or criminal, on the part of the Registry Operator as well as its affiliates, subsidiaries, officers, directors and employees.

10. Safeguards for Regulated Domains: Without limiting the generality of any other provision of this Agreement,

(a) Legal Compliance: You will comply with all applicable laws, including laws relating to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations;

(b) Health and Financial Information: You acknowledge and agree that registrants who collect and maintain sensitive health and financial data must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law;

10. 1 Safeguards for Highly Regulated Domains: In addition to 10 (a) and (b), and without limiting the generality of any other provision of this Agreement,

(a) Abuse Contact Information: You must provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in your main place of business;

(b) Possession of Necessary Credentials: You must represent that the Registrant possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly Regulated TLD; and

(c) Report Material Changes to Credentials: You must report any material changes to the validity of the Registrant’s authorizations, charters licenses and/or other related credentials for participation in the sector associated with the Highly Regulated TLD to ensure the Registrant continues to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumer you serve.

11. Abusive Practices: Without limiting the generality of any other provision of this Agreement, You warrant 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 other similar activity or otherwise for any activity contrary to applicable law. If You breach this section 12, 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.

12. 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.

13. 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 relating to or limiting the domain names that may be registered in each Radix TLD.

14. 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 Radix TLD; (b) each Registry Operator reserves the right to withhold from registration or allocate to Registry Operator, at all levels within the relevant Radix TLD, any label or name (including their IDN variants where applicable) within a Radix 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 Radix 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.

15. 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 a Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; and (ii) operational standards, policies, procedures, and practices for each relevant Radix TLD established from time to time by the relevant Registry Operator.

(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 Registry Agreement or other arrangement with ICANN; and (ii) all operational standards, procedures, practices and policies for each relevant Radix TLD (including the Radix Acceptable Use Policy (“AUP”) as established from time to time by the relevant Registry Operator and all other applicable policies which will be available on the Radix website (www.radixregistry.com) 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 for the relevant Radix TLD. Additional or revised Registry Operator operational standards, policies, procedures and practices for each Radix TLD will be effective upon ninety (90) days’ notice by Registry Operator to Webnames.ca, unless mandated by ICANN with a shorter notice period.

16. 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 16.

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 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.

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 each Registry Operator and the Registry Operator’s Registry Service Provider and its subcontractors, and its and their 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 in any way, for any reason whatsoever, to Your domain name registration, any breach of this agreement and any use of Your domain name. This section 19 will survive the termination or expiration of this Agreement and the Master Registry-Registrar Agreement.

19. Fees: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree as follows: (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; (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); (d) registration and renewal fees for some domain names in a Radix TLD are variable and will differ from registration and renewal fees for other domain names within that the Radix TLD, including and this includes non-standard pricing for Premium Domain Name registration and renewal fees, which differs from the pricing of Standard Domain Names; (e) registration, renewal and transfers fees for each Radix TLD are variable; You hereby acknowledge and provide explicit approval with regards to the relevant Registry Operator’s pricing and all fees, including registration, renewal and transfer fees, for domain names in each relevant Radix TLD; (f) Radix TLDs will have non-uniform renewal registration pricing such that the registration fee for a domain name registration renewal may differ from other domain names in the same or other Radix TLDs (e.g., renewal registration fee is $X for one domain name and $Y for a different domain name).

20. Radix TLD Launch: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree to be bound by the terms and conditions of the initial launch of each relevant Radix TLD, including without limitation the sunrise period and the landrush period, the procedure and process for compliance with ICANN’s rights protection mechanisms including the Trademark Clearing House requirements and any Sunrise Dispute Resolution Policy, and You further acknowledge that each relevant Registry Operator and its service providers have 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: (a) the ability or inability of a registrant to obtain a domain name during these periods, and (b) the results of any dispute over a sunrise registration.

21. 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.

22. Dispute Resolution:

(a) General: Without limiting the generality of any other provision of this Agreement, You will submit to proceedings commenced under any of the following policies and procedures, each in their most recent form and each as may be amended from time to time: ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), available at http://www.icann.org/en/help/dndr/udrp/policy; ICANN’s Uniform Rapid Suspension System under its related rules, available at http://www.icann.org/en/help/dndr/udrp and http://newgtlds.icann.org/en/applicants/urs; ICANN’s Post-Delegation Dispute Resolution Procedures (“PDDRP”), available at http://newgtlds.icann.org/en/program-status/pddrp; ICANN’s Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp; and ICANN’s Inter-Registrar Transfer Policy (also known as the Policy on Transfer of Registrations between Registrars, available at http://www.icann.org/en/resources/registrars/transfers/policy.

(b) False WHOIS Data: Without limiting the generality of any other provision of this Agreement, You acknowledge that Webnames.ca may accept written complaints from third parties regarding false or inaccurate WHOIS data regarding Your Registered Names, and Webnames.ca will respond to those complaints in accordance with Webnames.ca’s relevant policies and procedures, the relevant policies published by or on behalf of the relevant Registry Operator, and the relevant requirements specified by ICANN from time to time.

23. Survival: Notwithstanding any other provision of this Agreement, each of sections 7, 8, 17, 19, 20, 22 and 23 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 termination of this Agreement for whatever reason and will remain in full force and effect and be binding upon the Parties.

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Schedule 1 – Radix TLDs and Registry Operators

The Radix TLDs and the corresponding responsible Registry Operators are below. This list includes both uncontested (won by Radix) and contested domains (multiple applicants have applied for these domains and Radix may or may not win these). Radix may add or subtract from this list in its sole discretion.

Uncontested Domains:

Radix TLD

Registry Operator

Regulated/Highly Regulated

.host

DotHost Inc.

n/a

.online

DotOnline Inc.

Regulated

.press

DotPress Inc.

n/a

.site

DotSite Inc.

n/a

.space

DotSpace Inc.

n/a

.store

DotStore Inc.

n/a

.tech

Personals TLD Inc.

n/a

.website

DotWebsite Inc.

n/a

Contested Domains

Radix TLD

Registry Operator

Regulated/Highly Regulated

.web

DotWeb Inc.

n/a

.baby

DotBaby Inc.

n/a

.home

DotHome Inc.

n/a

.hotel

DotHotel Inc.

n/a

.doctor

DotMedico TLD Inc.

Highly Regulated

.music

DotMusic Inc.

Regulated

.ping

DotPing Inc.

n/a

.shop

DotShop Inc.

n/a

.chat

IM TLD Inc.

n/a

.app

Webera Inc.

Regulated

.blog

Personals TLD Inc.

n/a

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