Supplementary Agreement for .US Domain Names

Supplementary Agreement for .US Domain Names

Last Revised: June 30, 2014.

1. usTLD: This Supplementary Agreement applies to domain names registered or proposed to be registered in the .US top level domain (the “ usTLD”).

2. Interpretation: For all Services provided by Webnames.ca relating to domain names registered or proposed to be registered in the usTLD, the Webnames.ca Terms of Use and Services Agreement (available by clicking here), the Supplementary Agreement for Domain Name Transactions (available by clicking here) and this Supplementary Agreement for .US Domain Names (this “ Supplementary Agreement”) together constitute and are referred to as “this Agreement”. If there is a conflict between this Supplementary Agreement and either of the Webnames.ca Terms of Use and Services Agreement or the Supplementary Agreement for Domain Name Transactions, then this Supplementary Agreement will take priority and govern.

3. Definitions: In this Supplementary Agreement:

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

(b) “Registered Name” means a domain name, whether consisting of two or more levels, registered or proposed to be registered in the usTLD or about which Registry Operator maintains data, arranges for maintenance of data or derives revenue from maintenance of data. A name in the registry database of the usTLD may be a Registered Name even though the name does not appear in a usTLD zone file (e.g. a registered but inactive name).

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

(d) “Registry Operator” means Neustar Inc. or any person engaged by Neustar Inc. to perform services regarding the usTLD or the registry for the usTLD.

(e) “Registry-Registrar Agreement” means the usTLD Registrar Accreditation and Registry-Registrar Agreement, including all schedules and specifications forming part of that Agreement, between Webnames.ca and Neustar Inc. or any of its successors or assigns, as the Agreement and its schedules and specifications may be amended from time to time.

(f) “usTLD Specifications and Policies” means the specifications, policies and procedures established and revised from time to time, a list of which is posted on the usTLD website at http://www.neustar.us/policies/.

(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 usTLD Specifications and Policies.

4. Extended Definitions: In this Agreement: (a) “Domain Name Registry Authorities” include 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 and this Supplementary Agreement) and all other policies, specifications and terms and conditions incorporated into this Agreement by reference.

6. usTLD Specifications and Policies: Without limiting the generality of any other provision of this Agreement, You acknowledge and agree that Your registration and use of a Registered Name, and all Services regarding a Registered Name, are subject to the usTLD Specifications and Policies, including the usTLD Reservation of Rights Policy and the usTLD Administrative Policy Statement. By submitting an application for registration or renewal of a Registered Name, You unconditionally accept and agree to comply with all usTLD Specifications and Policies, including the usTLD Acceptable Use Policy and all usTLD Specifications and Policies regarding the use of proxy domain name services.

7. Registrant Benefits and Responsibilities: Registered Name Holders are obligated to certain responsibilities and benefit from certain rights. Those responsibilities and benefits are outlined at in the usTLD Specification on Registrant’s Rights and Responsibilities (online: http://www.neustar.us/ustld-specification-on-registrants-rights-and-responsibilities/).

8. Responsibility for Third Party Use of Registered Name: If You license or otherwise permit any other person to use Your Registered Name, then You are and will remain fully responsible for all use of the Registered Name and fully liable for any and all harm, loss and damage caused by the use of the Registered Name.

9. usTLD Nexus Requirements: You acknowledge that a Registered Name Holder must meet the criteria set out in the usTLD Nexus Requirements Policy (the “Nexus Requirements”), and be either: (a) a citizen or permanent resident of the United States of America or any of its possessions or territories; (b) a person whose primary place of domicile is in the United States of America or any of its possessions, or an organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States, or a political subdivision thereof); or (c) an organization that has a bona fide presence in the United States. You acknowledge and agree that failure to abide by the Nexus Requirements will be a basis for cancellation of Your Registered Names. You (including each Registered Name Holder) hereby certify that You meet the Nexus Requirements and qualify to register to use a Registered Name.

10. Abusive Practices: Without limiting the generality of any other provision of this Agreement, You will not use a Registered Name to: (a) distribute malware; (b) abusively operate botnets; (c) engage in phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting; or (d) otherwise engage in activity that is contrary to the laws of the United States, Canada or any other country. If You engage in conduct prohibited by this Agreement or any of the usTLD Specifications and Policies, then either or both of Webnames.ca and the Registry Operator, in their discretion, may immediately suspend or terminate and delete Your Registered Names and suspend or terminate all related Services, all without notice or liability to You or any other person.

11. No Infringement: You (including each Registered Name Holder) represent and warrant that, to the best of Your knowledge and belief, neither the registration of Your Registered Name nor the manner in which Your Registered Name is directly or indirectly used infringes the legal rights of any person.

12. Suspension/Deletion/Etc.: You acknowledge and agree that the registration of a Registered Name will be subject to suspension, deletion, cancellation, or transfer pursuant to any usTLD Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with a usTLD Specification or Policy, to: (a) enforce usTLD Specifications and Policies, as amended from time to time; (b) protect the integrity and stability of the Registry Operator, its operations and the usTLD; (c) comply with any applicable law, regulation, holding, order or decision issued by a court, administrative authority or dispute resolution service provider with jurisdiction over the Registry Operator or You; (d) establish, assert or defend the legal rights of the Registry Operator or a third party, or to avoid any liability, civil or criminal, on the part of the Registry Operator as well as its affiliates, subsidiaries, owners, officers, directors, representatives, employees, contractors and stockholders; (e) respond to violations of this Agreement; or (f) correct mistakes made by the Registry Operator, Webnames.ca, or any other registrar in connection with any domain name registration or reservation.

13. Consequences of Dispute: You acknowledge and agree that Neustar retains the right to freeze a domain name during resolution of a dispute either by: (a) rendering the domain name unresolvable; (b) preventing the transfer of the domain name to another person, entity or registrar; or (c) preventing any changes to the contact information associated with the domain name.

14. Data Processing: You (including each Registered Name Holder) hereby irrevocably consent to the data processing as required by the Whois Accuracy Program Specification and the usTLD Privacy Policy.

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

(a) General: You will ensure that all information and data that You provide to Webnames.ca regarding a Domain Name Transaction relating to a Registered Name is accurate and complete.

(b) Contact Details: You, including each Registered Name Holder, will provide to Webnames.ca accurate and reliable contact details at the time of registration of each of Your Registered Names, and You will correct and update the contact details within seven (7) days of any change during the term of Your Registered Name registration, including: (i) the name, postal address, e-mail address, voice telephone number and (where available) fax number of the Registered Name Holder; (ii) the name of an authorized person for contact purposes if the Registered Name Holder that is an organization, association or corporation; (iii) the name, postal address, e-mail address, voice telephone number and (where available) fax number of the technical contact for the Registered Name; and (iv) the name, postal address, e-mail address, voice telephone number and (where available) fax number of the administrative contact for the Registered Name. For greater certainty, if a Registered Name Holder intends to license or otherwise permit another person to use a Registered Name, the Registered Name Holder is and will remain the Registered Name Holder of record and is required to provide the Registered Name Holder’s own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name.

(c) False/Inaccurate Information: If You willfully provide any inaccurate or unreliable information, or You willfully fail to update information provided to Webnames.ca within seven (7) days of any change, or You fail to respond for over fifteen (15) days to inquiries by Webnames.ca concerning the accuracy of contact details associated with Your Registered Name, then that conduct will constitute a material breach of this Agreement and will be a basis for suspension or cancellation (as Webnames.ca or Registry Operator in their discretion consider appropriate) of Your Registered Name registrations.

(d) Disclosure to Registry Operator: You 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 the 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 (and irrevocably authorize and permit Webnames.ca to license the 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 usTLD Specifications and Policies.

(e) Verification: You will promptly respond to any request by Webnames.ca or a Registry Operator for verification of data and information that You have provided to Webnames.ca regarding a Registered Name. Failure to promptly respond to a request for verification of data and information regarding a Registered Name may result in the suspension or cancellation (as Webnames.ca or Registry Operator in their discretion consider appropriate) of the Registered Name.

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

(g) Registration Transfer: You consent to Webnames.ca’s disclosure of information and data (including the IP addresses of nameservers for Registered Names and other Personal Data) to another registrar to which the registration of the Registered Name is transferred.

16. 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 hereby consent to Webnames.ca disclosing Your Personal Data to the Registry Operator, 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 service providers. Webnames.ca is not responsible or liable to You or any other person for any act or omission by or on behalf of the 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 16(a), You hereby consent to the collection and use of Your Personal Data by the Registry Operator 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) Data Security: Webnames.ca will take reasonable precautions to protect Personal Data in Webnames.ca’s possession or control from loss, misuse, unauthorized access or disclosure, alteration or destruction, and will not process Personal Data collected from a Registered Name Holder in a way incompatible with the purposes and other limitations set forth in Webnames.ca Privacy Policy.

17. Records of Registration: You (including each Registered Name Holder) will maintain accurate and complete records appropriate to document and provide the initial registration date of each of Your Registered Names.

18. Legal Compliance: Without limiting the generality of any other provision of this Agreement, 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.

19. Indemnity: Without limiting the generality of any other provision of this Agreement, You (including each Registered Name Holder) will indemnify, defend and hold harmless the Registry Operator and its registry operations service providers 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 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 expiration or termination or expiration of this Agreement and the Registry-Registrar Agreement.

20. Fees: Without limiting the generality of any other provision of this Agreement, You 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.

21. Dispute Resolution: Without limiting the generality of any other provision of this Agreement:

(a) Court Jurisdiction: For the adjudication of disputes concerning or arising from use of a Registered Name, You (including each Registered Name Holder) hereby submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of the Registered Name Holder's domicile; (ii) where Registrar is located; and (iii) the United States.

(b) Policies: 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: United States Dispute Resolution Policy, the Nexus Dispute Policy, and the usTLD Rapid Suspension Procedure, each if which is accessible on the Registry Operator’s website.

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

23. Survival: Notwithstanding any other provision of this Agreement, each of sections 15, 16, 19, 20, 21, 22 and 23 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.

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