Supplementary Agreement for .TEL Domain Names

Supplementary Agreement for .tel Domain Names

Please read the Supplementary Agreement for
.tel Domain Names below.

Supplementary Agreement for .tel Domain Names

  1. Interpretation. For all Services provided by Webnames.ca relating to domain names registered or proposed to be registered in the .tel top-level domain (the ".tel TLD"), the Webnames.ca Terms of Use and Services Agreement (available by clicking here) and this Supplementary Agreement together constitute and are referred to as the "Agreement". If there is a conflict between this Supplementary Agreement and the Webnames.ca Terms of Use and Services Agreement, then this Supplementary Agreement will govern.
  2. Definitions. In this Supplementary Agreement: (a) ".tel Domain Name" means a domain name registered or proposed to be registered in the .tel TLD; and (b) "Registry" means Telnic Limited, which is responsible for administration of the .tel TLD. In the Agreement: (a) "Domain Name Registry Authorities" include Telnic Limited and its successors and assigns; and (b) "Domain Names" includes a .tel Domain Name.
  3. Acceptance of the Agreement. By applying to register a .tel Domain Name through Webnames.ca, You unconditionally accept and agree to the Agreement (including all other policies and terms and conditions incorporated in the Agreement by reference).
  4. Domain Name Registry Authority Agreement. The Domain Name Registry Authority Agreement for .tel Domain Names includes the following documents, as issued and amended by the Registry from time to time: Sunrise Policy dated June 2008 (the "Sunrise Policy"), Sunrise Guide dated June 2008 (the "Sunrise Guide"), and the Acceptable Use Policy dated June 2008 (the "Acceptable Use Policy"), and any related interpretive guidelines, which are available on the Registry website at www.telnic.com. By applying to register a .tel Domain Name through Webnames.ca, You unconditionally accept and agree to the applicable Domain Name Registry Authority Agreement.
  5. Sunrise Registration.
    1. General: Application for early registration of .tel Domain Names (known as "Sunrise Registration") is a Service that is available to certain owners and licensees of trademarks registered with national effect. Details regarding Sunrise Registration, including .tel Domain Name registration requirements, applicant eligibility requirements, and application requirements, are set forth in the Domain Name Registry Authority Agreement.
    2. Registration Term: .tel Domain Names registered during Sunrise Registration will have an initial term of three (3) years from the date of registration.
    3. Representations and Warranties: By submitting an application for the Sunrise Registration of a .tel Domain Name (the "Sunrise Application"), You represent and warrant as follows:
      1. the Sunrise Application contains true, accurate and up-to-date information and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
      2. You are: (1) the holder of the Eligible Trademark (as defined in the Sunrise Policy) described in the Sunrise Application, (2) a licensee duly authorized by the registered owner of the Eligible Trademark described in the Sunrise Application to use that Eligible Trademark as the basis for a Sunrise Application, or (3) the assignee of the Eligible Trademark;
      3. the trademark mentioned in the Sunrise Application is, on the date of receipt of the Sunrise Application by the Registry, a legally valid, registered and Eligible Trademark;
      4. any Documentary Evidence (as defined in the Sunrise Policy) that is submitted by You or on Your behalf shall be submitted in accordance with the procedures set out by the Validation Agent (as defined in the Sunrise Policy); and any Documentary Evidence submitted shall contain complete, accurate, up-to-date information as required by the Validation Agent and shall not be fraudulent;
      5. You shall participate in good faith in any proceedings described in the Sunrise Policy commenced by or against You; and
      6. You accept and will abide by the Sunrise Policy and any other applicable Registry Policy (as defined in the Sunrise Policy).
    4. Right to Reject Sunrise Applications: By submitting a Sunrise Application, You acknowledge and accept that the Registrar is entitled (but not obligated) to reject a Sunrise Application:
      1. that does not contain complete and accurate information as described in Section 7.1 of the Sunrise Policy, or is not in compliance with any other provision of the Sunrise Policy; or
      2. to protect the integrity and stability of the Registry system (as defined in the Sunrise Policy), the operation and/or management of the Registry TLD (as defined in the Sunrise Policy); or
      3. in order to comply with applicable laws, regulations, and/or any decision by a competent court or Dispute Resolution Service Provider (as defined in the Sunrise Policy); or
      4. to avoid any liability on behalf of the Sponsoring Organization (as defined in the Sunrise Policy) or the Registry, including their respective affiliates, directors, officers, employees, subcontractors (including, without limitation, the Validation Agent, as defined in the Sunrise Policy) and/or agents; or
      5. following the outcome of a Sunrise Reconsideration Proceeding (as defined in the Sunrise Policy).
    5. Public Disclosure of Information: Without limiting the generality of paragraph 4(g) of the Webnames.ca Terms of Use and Services Agreement, You acknowledge and agree that information in and relating to Your Sunrise Applications will be publicly disclosed as set forth in the Sunrise Policy.
    6. Limitation of Liability/Indemnification: You acknowledge and agree as follows: (i) Webnames.ca is one of the "Relevant Parties" referenced in Section 13 of the Sunrise Policy; and (ii) Section 13 of the Sunrise Policy is in addition to, and supplements, similar provisions in the Webnames.ca Terms of Use and Services Agreement, provided that if there is a conflict between Section 13 of the Sunrise Policy and the Webnames.ca Terms of Use and Services Agreement, then the Webnames.ca Terms of Use and Services Agreement will govern and take priority regarding Webnames.ca's liability (if any) to You or any other person.
  6. Fees.
    1. General: The fees payable for Services relating to domain names registered or proposed to be registered in the .tel TLD are as set forth on Webnames.ca's Websites, and are subject to change by Webnames.ca from time to time. Pre-paid fees are not refundable under any circumstances. Additional fees may be set forth in the website operated by the Registry from time to time.
    2. Payment: Fees relating to a Sunrise Application are payable in advance. Fees for the registration of a .tel Domain Name that is not the subject of a Sunrise Application are payable only if the .tel Domain Name is registered.
    3. Cancellation Fees: If You cancel a Sunrise Application, the prepaid fees will be refunded, and you will not be required to pay any additional administrative fee. If You cancel an application for registration of a .tel Domain Name that is not a Sunrise Application, You will pay an administrative fee that is equal to forty (40%) percent of the registration fee that would have been payable had the application been accepted and the .tel Domain Name been registered.
    4. Non Payment: If You fail to timely pay in full all required fees relating to Your application for registration of a .tel Domain Name (whether as a result of a credit card chargeback or otherwise), Webnames.ca may in its discretion and without any notice to You, either: (i) make the .tel Domain Name available to You for registration in Your name, subject to Your payment of all applicable fees (inducing Webnames.ca's then-current reinstatement fee); or (ii) take and retain ownership (legal and beneficial) of the .tel Domain Name for Webnames.ca's own benefit, or transfer and sell the .tel Domain Name to another person; all without any obligation to provide any refund of any pre-paid fees or to make any accounting to You.
  7. Telnic Required Provisions. You acknowledge and agree as follows:
    1. Indemnification. To the maximum extent permitted by law, You shall indemnify, defend and hold harmless the Registry, its service providers, subcontractors and their respective directors, officers, employees, affiliates and agents 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 .tel Domain Name. Such indemnification shall survive any termination or expiration of the registration agreement.
    2. Use of Personal Data. You consent to the use, copying, distribution, publication, modification and other processing of Your Personal Data by the Registry, its service providers, subcontractors and agents in a manner consistent with the Registry's posted privacy policy, the Registry's WHOIS policy and all other purposes of collection notified to Webnames.ca by the Registry. "Personal Data" means data about any identified or identifiable natural person, and any data that is "Personal Data" for the purposes of the Data Protection Act 1998 (UK).
    3. Uniform Domain Name Dispute Resolution Policy. You will submit to proceedings commenced under the Uniform Domain Name Dispute Resolution Policy (the "UDRP") or the Post-Delegation Dispute Resolution Procedures (the "PDDRP") issued and amended by the Internet Corporation for Assigned Names and Numbers.
    4. Updating Registration Information. You will immediately correct and update the registration information for the .tel Domain Name during the registration term for the .tel Domain Name.
    5. Launch and Sunrise Programs. You agree to be bound by the policies relating to the initial launch of the .tel TLD, such as the Sunrise Policy and any applicable Landrush requirements, and acknowledge that Webnames.ca and the Registry have no liability of any kind for any loss or liability resulting from any such policies or requirements, including, without limitation: (i) the ability or inability of a registrant to obtain a .tel Domain Name during these periods, and (ii) the results of any dispute over a Sunrise registration.
    6. Compliance with TLD Requirements. Your use of the .tel Domain Name shall comply with all applicable .tel TLD Requirements, including, but not limited to, the Acceptable Use Policy and the Sunrise Policy. "TLD Requirements" means the requirements, standards, policies and procedures for the .tel TLD that are adopted by the Registry and/or the Sponsoring Organization, as they may be amended or modified from time to time.
    7. Right to Deny, Cancel or Transfer a Registration. You acknowledge and agree that the Registry and Webnames.ca each reserve the right to deny, cancel or transfer any registration or transaction, or place any .tel Domain Name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion: (i) to protect the integrity and stability of the registry; (ii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry or Webnames.ca, as well as their respective affiliates, subsidiaries, officers, directors, and employees; (iv) per the terms of the registration agreement; (v) to correct mistakes made by the Registry or Webnames.ca or any Registrar in connection with a .tel Domain Name registration; (vi) to enforce the TLD Requirements; and (vii) to prevent use of the .tel Domain Name in a manner contrary to the intended purpose of the .tel TLD. The Registry and Webnames.ca also reserve the right to lock, hold or place a similar status on a .tel Domain Name during resolution of a dispute. The Registry and Webnames.ca shall have no liability of any kind to You, Your customers, affiliates, service providers or any other party as a result of such denial, cancellation or transfer.
    8. Representations and Warranties. By submitting a request for a .tel Domain Name, You represent and warrant that:
      1. to Your knowledge, the registration of the requested .tel Domain Name does not and will not infringe upon or otherwise violate the rights of any third party;
      2. You are not submitting the request for a .tel Domain Name for any unlawful purposes, and You will not use the .tel Domain Name for any unlawful purpose;
      3. You will not knowingly use the .tel Domain Name in violation of any applicable laws or regulations or of the rights of any third parties; and
      4. that You will use the .tel Domain Name in accordance with the TLD Requirements.
    9. Communications with You. The Registry may communicate directly with You in connection with issues relating to a .tel Domain Name and Your membership of the .tel community.
    10. Jurisdiction and Applicable Law. Any dispute, controversy or claim between You and the Registry relating to a .tel Domain Name or a request for a .tel Domain Name shall be subject to the laws of England and Wales and the exclusive jurisdiction of the courts in England and Wales.
    11. Time. In the event of any dispute concerning the time of the entry of a .tel Domain Name registration into the Registry database, the time shown in the Registry records shall prevail.

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