Last Revised: November 03, 2015
1. Application: This Supplementary Agreement for Domain Name Transactions applies to all Services provided by Webnames.ca relating to all Domain Name Transactions.
3. Definitions: In this Supplementary Agreement:
(a) “Registry Agreements/Policies” means the agreements, terms and conditions, policies and procedures established and amended from time to time by or on behalf of the relevant Domain Name Registry Authority regarding Domain Name Transactions for Domain Names in the relevant Domain Name registry.
(b) “TLD” means a top-level domain of the Internet domain-name system that is delegated by ICANN pursuant to a registry agreement including a country code TLD (ccTLD) or internationalized domain name (IDN) country code TLD.
(c) “Sunrise Period” means a service allowing trademark holders an advance opportunity to register domain names corresponding to their marks before names are generally available to the public.
(d) “Landrush Period” means a service allowing Registrants to register domain names during the first days of General Availability at premium prices.
(e) “Early Access Program” means a service allowing Registrants to register domain names during the first days of General Availability at premium prices.
(f) “Trademark Clearing House” means the rights protection mechanism which accepts and authenticates rights information, and supports both trademark claims and sunrise services required for new TLDS. More information is available at http://newgtlds.icann.org/en/about/trademark-clearinghouse.
4. Acceptance of the Agreement: By submitting or approving a request or application for a Domain Name Transaction, you unconditionally accept and agree, on your own behalf and on behalf of all persons you represent, to this Agreement (as defined in section 2) and all other policies and terms and conditions incorporated into this Agreement by reference.
5. Domain Name Registration Authorities:
(a) General: You acknowledge that Domain Names are administered by Domain Name Registry Authorities and are governed by applicable Registry Agreements/Policies.
(b) Registry Agreements/Policies: Without limiting the generality of any other provision of this Agreement: (i) you acknowledge and agree that all Domain Name Transactions and related Services are subject to the applicable Registry Agreements/Policies; (ii) you are solely responsible and liable for ensuring that each of your Domain Name Transactions and related Services complies with all applicable Registry Agreements/Policies; and (iii) by submitting an application or request for a Domain Name Transaction or a related Service, you certify, represent and warrant that the application or request and the proposed Domain Name Transaction are compliant with all applicable Registry Agreements/Policies and you agree to comply with all applicable Registry Agreements/Policies.
6. Launch Phases: Where applicable, You agree to be bound by the terms and conditions of the initial launch phases of each Registry TLD, including without limitation the Sunrise period, the Landrush period, Early Access Program, subsequent auctions (if applicable), any other special launch phase that a Registry may offer, the procedure and process for compliance with the ICANN Trademark Clearinghouse and any Sunrise Dispute Resolution Policy, and further to acknowledge that Webnames.ca and the Registries have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to any launch periods, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise registration.
7. Launch Phase Fees: Where applicable, some launch phases are subject to additional fees that may or may not be refundable whether a domain name is obtained or not. By agreeing to the Webnames.ca Agreements, You expressly agree to the acceptance of all fees and to Non-Uniform Pricing as set out in section 24.
8. Instructions: For each Domain Name registered through an Account, you authorize us to: (a) accept instructions from the Account Holder of the Account, the Registered Name Holder for the Domain Name, the administrative contact for the Domain Name, or any other person using the email address of the Registered Name Holder or administrative contact as specified in the Domain Name registration information; and (b) disclose to any of those persons the information that we consider reasonably necessary to provide Services in connection with the Domain Name.
9. Information/Data: Without limiting the generality of any other provision of this Agreement:
(a) Domain Name Registry Database: You acknowledge that for each Domain Name Transaction: (i) we will collect and submit to the relevant Domain Name Registry Authority from time to time all of the information and data specified by applicable Registry Agreements/Policies and otherwise requested by the Domain Name Registry Authority; and (ii) if you provide us with updated information and data we will promptly submit the updated information and data to the relevant Domain Name Registry Authority.
(b) Public Access to Data/WHOIS Disclosure: You acknowledge and agree that: (i) we may publicly disclose, including through a WHOIS service providing free public query-based access, up-to-date data and information concerning each Domain Name registration sponsored by us in accordance with applicable Registry Agreements/Policies; (ii) we will provide third-party bulk access to the data concerning each Domain Name registration sponsored by us in accordance with applicable Registry Agreements/Policies (which information may include the following: the Domain Name; the name, postal and email addresses and telephone and facsimile numbers of the Registered Name Holder, the Registered Name Holder organization, and the technical and administrative contacts; the full hostnames and Internet protocol (IP) addresses of the primary and secondary name servers, and the corresponding names of those name server hosts; the Domain Name registration creation date, modification dates and expiration date; and the status of the Domain Name registration); and (iii) we are not obligated to impose any restrictions, limitations, terms or conditions on the lawful use of data or information available through the public access described above except as may be required by applicable Registry Agreements/Policies.
(c) Disclosure to Domain Name Authorities/Registrars: You acknowledge and agree that we may disclose to relevant Domain Name Registry Authorities and to other Domain Name registrars information regarding your Domain Name Transactions and your use of Services as we consider appropriate or as may be required from time to time to comply with Registry Agreements/Policies or applicable law.
(d) Retention of Data: You acknowledge that for each Domain Name Transaction we may in our discretion collect and permanently retain records of data and information regarding the Domain Name Transaction.
(e) Data Accuracy/Verification: Without limiting the generality of any other provision of this Agreement:
(i) General: You are solely responsible and liable for ensuring that all information and data you provide to us regarding a Domain Name Transaction (including information required for a Domain Name registration) is and remains accurate, current and complete. For greater certainty, you will promptly correct and update information required for a Domain Name registration throughout the registration term for the Registered Name.
(ii) Verification: You acknowledge that a Domain Name Registry Authority may in its discretion periodically require that you verify the truth, accuracy and completeness of any data or information that you provide, directly or indirectly through any other person (including through us), to the Domain Name Registry Authority. In addition, we may in our discretion periodically request that you verify data or information previously provided by you or on your behalf under this Agreement, and that we may submit the request to you by email, text message, postal mail or telephone (as we consider appropriate in our discretion). You will promptly respond to any request by us or a Domain Name Registry Authority for the verification or updating of any data or information previously provided by you or on your behalf under this Agreement.
(iii) Remedies: Without limiting the generality of any other provision of this Agreement, if you provide information or data regarding a Domain Name Transaction that is or becomes inaccurate or incomplete, or if you fail to promptly provide a requested verification of data or information relating to a Domain Name Transaction, we may in our discretion immediately cancel the Domain Name Transaction or suspend the registration of the Domain Name without notice or liability to you or any other person until you have provided accurate, current and complete information or the requested verification.
(iv) Willful Non-Compliance: If you willfully provide inaccurate or unreliable data or information relating to a Domain Name, or you willfully fail to promptly update the data or information relating to a Domain Name, or you fail to promptly respond to our inquiries concerning the data or information relating to a Domain Name, we may in our discretion either terminate or suspend the Domain Name and prohibit further Domain Name Transactions until we have validated the data and information or take other measures authorized or required by the applicable Domain Name Registry Authority and relevant Registry Agreements/Policies.
10. Payment Requirement: Notwithstanding any other provision of this Agreement, you acknowledge and agree that we are not obligated to process a Domain Name Transaction unless and until we have received, at our option, either: (a) full payment for the registration or renewal; or (b) a final and non-revocable obligation by you to pay for the registration or renewal upon activation of the registration.
11. Compliance with Directions/Orders: You acknowledge and agree that: (a) we may comply with what appear to be authentic: (i) directions issued by relevant Domain Name Registry Authorities; and (ii) orders and judgments issued by courts, arbitrators and administrative panels constituted pursuant to Domain Name dispute resolution policies established by relevant Domain Name Registry Authorities, including without limitation directions, orders and judgments regarding the cancellation or transfer of Domain Name registrations; and (b) if a Domain Name or any related Domain Name Transaction is the subject of claims or legal proceedings, we may in our discretion: (i) refuse to process a Domain Name Transaction regarding the Domain Name until the claims or legal proceedings are resolved by agreement of the parties or order of the applicable court, arbitrator or administrative panel; and (ii) place control of the Domain Name with the relevant Domain Name Registry Authority or the applicable court, arbitrator or administrative panel.
12. Availability: Information regarding the availability of a Domain Name provided through our Website or other Services is obtained from third parties (including Domain Name Registry Authorities), and may not be accurate, current, complete or timely. We will notify you by a notice on the Website or by email if you apply to register a Domain Name that is not available.
13. Reservation: We may in our discretion refuse to accept or process any Domain Name Transaction.
14. Domain Name Registry Authorities: Domain Name Transactions are processed by the responsible Domain Name Registry Authority. Domain Names are subject to suspension, cancellation, transfer, or modification by the responsible Domain Name Registration Authority. We are not responsible or liable for any act or omission by or on behalf of a Domain Name Registry Authority, including any inaccuracies or errors by a Domain Name Registry Authority in processing a Domain Name Transaction or any suspension, cancellation, transfer, or modification of a Domain Name by a Domain Name Registration Authority.
15. Third Party Rights/Applicable Laws: Without limiting the generality of any other provision of this Agreement, you are solely responsible and liable for ensuring that your Domain Name Transactions, Domain Names and the use of Domain Names do not infringe, violate or misappropriate the rights (including intellectual property rights, privacy rights and personality rights) of any other person or violate any applicable laws. We do not review or otherwise vet your requests for Domain Name Transactions for compliance with applicable laws or non-infringement of third party rights.
16. Disputes and Claims:
(a) Registry Agreements/Policies: The relevant Registry Agreements/Policies may require that certain Disputes between you and other persons regarding Domain Names or Domain Name Transactions be resolved through specific, mandatory dispute resolution procedures. Details are set forth in applicable Supplementary Agreements (which are available online by clicking here) and in relevant Registry Agreements/Policies. You will comply with each of those applicable dispute resolution procedures.
(b) Notice: You will immediately give us notice of any threatened or actual claim, demand, investigation, action, suit or proceeding regarding a Domain Name or a Domain Name Transaction.
(c) We are Not Responsible: We are not responsible or liable for, and will not be involved in (whether as a party, intermediary (including mediator) or otherwise), any dispute between you and any other person arising from, connected with or relating to any Domain Name or any Domain Name Transaction.
(d) Indemnity by You: You will defend, indemnify and hold harmless Webnames Group from and against any and all claims, complaints, demands, actions, suits, proceedings, liabilities and obligations (including damages, expenses, and costs), settlement payments, and attorney’s fees and expenses (collectively, “Claims/Proceedings/Liabilities”) directly or indirectly arising from, connected with or relating to any of your Domain Names or Domain Name Transactions. We will have sole control over the defence of and settlement negotiations with third parties relating to all Claims/Proceedings/Liabilities, and you will assist and co-operate as fully as reasonably required by us in connection with the defence and settlement of Claims/Proceedings/Liabilities. You will not enter into any settlement or other agreement on behalf of Webnames Group, or which affects the rights or interests of Webnames Group, without Webnames.ca’s express prior written consent.
17. Domain Name Applications: You authorize us to make minor changes to your applications regarding a Domain Name Transaction as we consider appropriate to effectively process the Domain Name Transaction.
18. Transfers In and Out: Unless we expressly agree otherwise, if you transfer a Domain Name registration from another domain name registrar to us, then we will process an additional year of registration for the Domain Name and charge you the corresponding fee. Domain Name registrations may be subject to a minimum hold period before they are transferred from the Account to another domain name registrar.
19. Domain Status at time of Registration: For the security of our customers, Webnames.ca will apply a status of ‘ClientTransferProhibited’ to each domain at the time of registration. Customers are free to update this status via their Webnames account in accordance with ICANN or other relevant Registry rules and regulations. Under these regulations, the request to transfer a domain may be refused for the following reasons:
- Evidence of fraud.
- UDRP or CDRP action.
- Court order by a court of competent jurisdiction.
- Reasonable dispute over the identity of the Registered Name Holder or Administrative Contact.
- No payment for previous registration period (including credit card charge-backs) if the domain name is past its expiration date or for previous or current registration periods if the domain name has not yet expired. In all such cases, however, the domain name must be put into "Registrar Hold" status by the Registrar of Record prior to the denial of transfer.
- Express objection to the transfer by the authorized Transfer Contact. Objection could take the form of specific request (either by paper or electronic means) by the authorized Transfer Contact to deny a particular transfer request, or a general objection to all transfer requests received by the Registrar, either temporarily or indefinitely. In all cases, the objection must be provided with the express and informed consent of the authorized Transfer Contact on an opt-in basis and upon request by the authorized Transfer Contact, the Registrar must remove the lock or provide a reasonably accessible method for the authorized Transfer Contact to remove the lock within five (5) calendar days.
- The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.
- A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs). "Transferred" shall only mean that an inter-registrar transfer has occurred in accordance with the procedures of this policy.
20. Pre-Ordering/Back-Ordering: We may offer certain services for the ordering or reservation of new Domain Names (“Pre-Ordering Services”) or previously registered Domain Names that are scheduled to be released and become available for registration (“Backordering Services”). Pre-Ordering Services and Backordering Services are each subject to the following restrictions and requirements: (a) ordering or reserving a Domain Name is subject to the applicable Registry Agreements/Policies; (b) ordering or reserving a Domain Name does not guarantee that the Domain Name will be registered; (c) ordering or reserving a Domain Name may require that fees be paid in advance to the relevant Domain Name Registry Authority, and some or all of those fees might not be refundable even if the requested Domain Name is not successfully registered; (d) if we charge fees for Pre-Ordering Services or Backordering Services, then those fees are payable in advance and are non-refundable even if the requested Domain Name is not successfully registered; (e) a Domain Name that are successfully registered through Pre-Ordering Services or Backordering Services will be parked until changed by the Account Holder; (f) the dates for release of Domain Names are determined by the relevant Domain Name Registry Authority, and may be changed without notice; and (g) if we receive orders or reservations for the same Domain Name from two or more customers, we will in our discretion, and without any notice or liability to the customers or any other person, determine the priority in which the requests will be submitted to the relevant Domain Name Registry Authority.
21. Automatic Renewal Service for Domain Names
(a) General: Our Automatic Renewal Service provides for the automatic submission of Domain Name registration renewals to the relevant Domain Name Registry Authority. The Automatic Renewal Service will be provided for a Domain Name only if you effectively subscribe for the Automatic Renewal Service for the Domain Name.
(b) Cancellation/Changes: You may cancel the Automatic Renewal Service for a Domain Name, or change your specified renewal term, by providing instructions through our website or by contacting our customer service.
(c) Important Notice: The Automatic Renewal Service is provided as a convenience only, and does not guarantee that a Domain Name registration renewal request will be submitted to or accepted by the relevant Domain Name Registry Authority. You are solely responsible for ensuring that that your Domain Name registrations have been effectively renewed by the relevant Domain Name Registry Authority.
(d) Terms and Conditions: Each request for a Domain Name registration renewal submitted by the Automatic Renewal Service is subject to compliance with the applicable Domain Name Registry Authority Agreement, and are subject to this Agreement.
(e) Process: If you have subscribed to the Automatic Renewal Service for a Domain Name, we will attempt to renew the Domain Name registration by submitting a registration renewal request to the applicable Domain Name Registry Authority approximately thirty (30) days before the date on which the Domain Name registration is set to expire. We will request that the Registry Authority renew the domain name registration for the greater of: (i) the renewal period specified in your Automatic Renewal Service request; or (ii) the minimum Domain Name registration renewal period allowed by the Domain Name Registry Authority.
(f) Related Services: If the Automatic Renewal Service results in a successful Domain Name registration renewal, we will automatically renew, for the same period as the Domain Name registration renewal, all of the related Services specified in your Automatic Renewal Service request that are then provided in connection with the renewed Domain Name.
(g) Notification: The Account Holder can configure the Account to permit or prohibit certain notifications, including certain reminders regarding Domain Name renewals, Domain Name registrations, Domain Name expirations, and a rejection or failure of a Domain Name registration or renewal. We will attempt to send an email notice to the Account Holder to advise whether the Automatic Renewal Service has resulted in the renewal of a Domain Name registration. The Account Holder can verify whether or not a Domain Name registration has been renewed through the Website or by contacting our customer service.
(h) Fees: If the Automatic Renewal Service results in a renewal of a Domain Name registration, then we will immediately charge to the credit card on file with us for relevant Account all applicable fees and charges (at our then-current rates) for the renewed Domain Name registration and the renewed related Services and applicable taxes. Fees for a renewed Domain Name registration and renewed related Services and applicable taxes are nonrefundable, even if you subsequently cancel or terminate the renewed Domain Name registration and related Services.
(i) Consequences of Non-Payment: If we are not able to obtain prior authorization of the required payment of all fees and taxes required for renewal of a Domain Name registration and related Services (including as a result of inaccurate or out-of-date credit card information on file for the relevant Account or rejection of payment by a payment processing service provider), then we may in our discretion refuse to submit a request for the renewal of Domain Name registration and refuse to renew related Services, all without any notice or liability to you or any other person, even if this means that the Domain Name registration expires and related Services are cancelled. You are solely responsible and liable for ensuring that your credit card information on file for the relevant Account is accurate, current and complete.
(j) DISCLAIMER: WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THIS AGREEMENT, AND WHETHER OR NOT YOU USE THE AUTOMATIC RENEWAL SERVICE, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ENSURING THAT YOUR DOMAIN NAME REGISTRATIONS ARE RENEWED BEFORE THE APPLICABLE EXPIRATION DATES, AND WEBNAMES GROUP IS NOT RESPONSIBLE OR LIABLE FOR PROVIDING YOU WITH ANY NOTICE REGARDING THE EXPIRATION OF ANY DOMAIN NAME REGISTRATION OR FOR THE CANCELLATION OR NON-RENEWAL OF ANY DOMAIN NAME. YOU CAN DETERMINE THE EXPIRATION DATE OF YOUR DOMAIN NAME REGISTRATION THROUGH OUR WEBSITE OR BY CONTACTING OUR CUSTOMER SERVICE. IF A DOMAIN NAME REGISTRATION IS NOT RENEWED IN A TIMELY MANNER, THE DOMAIN NAME REGISTRATION WILL BE CANCELLED.
22. Domain Name Expiration/Cancellation/Transfer:
(a) Renewal Grace Period: If your Domain Name registration expires, you might have a limited period after the expiry date (the “Renewal Grace Period”) to renew the Domain Name registration. If you do not renew the Domain Name registration before the end of the applicable Renewal Grace Period, then one of the following will apply (a) the Domain Name registration will be deleted and the Domain Name will be available for registration by any person on a first-come-first-served basis; (b) you may reclaim the name upon payment of the $120 redemption fee plus renewal fee of the domain name; or (c) Webnames.ca or one of its affiliates may acquire ownership of the Domain Name for their own benefit. The duration of the Renewal Grace Period for a Domain Name will be the minimum grace period required by the applicable Registry Agreements/Policies, which may change from time to time without notice. Information regarding Renewal Grace Periods is available upon request from us or may be found in the applicable Registry Agreements/Policies.
(b) Parking: During a Renewal Grace Period for a Domain Name, the Domain Name will be automatically pointed to a parking page designated by us, except that .CA domains will have all aspects of their domain name (website, email, etc.) cease to resolve entirely as mandated by the Canadian Internet Registration Authority.
(c) Consequences of Expiration/Cancellation/Transfer: If a Domain Name registration expires, is cancelled or terminated, or is transferred from us to another registrar, then we may in our discretion immediately terminate all Services associated with the Domain Name without any notice or liability to you or any other person. Without limiting the generality of the foregoing, if a Domain Name registration expires or is cancelled or terminated, then we may in our discretion either: (i) immediately disable the DNS service so that the Domain Name no longer resolves to a website or other Internet resource; or (ii) direct the Domain Name to an IP address and website designated by us in our discretion.
23. Parked Page/Forwarding Services:
(a) General: If a Domain Name registered through your Account is parked and resolves to a free webpage provided by us (a “Parked Page”), then we may in our discretion and without any notice or liability to you or any other person: (i) modify or terminate the Parked Page at any time; and (ii) include in the Parked Page advertisements (including links) for products and services offered by us or third parties (including Internet search and directory tools).
(b) Domain for Sale Page: If a Domain Name registered through your Account is parked and resolves to a “Domain for Sale” Parked Page, then you are solely responsible and liable for ensuring that your registration, use, advertisement and sale of the Domain Name do not infringe the rights of any other person or violate any applicable laws. “Domain for Sale” Parked Pages may not be used in connection with the warehousing of Domain Names.
(c) Domain Name Forwarding: If a Domain Name registered through the Account is forwarded to another Internet resource, then you are solely responsible and liable to ensure that the forwarding is authorized by the owner of the Internet resource.
24. Non-Uniform Pricing: Each TLD may have different pricing. Pricing for each TLD may also differ depending on the launch phase (Sunrise, Landrush, Early Access, General Availability or other phase established by each of the Registry Agreements/Policies). Some Registry Agreements may also specify premium domains or varying price tiers that are subject to change. Some Registry Agreements may further specify that non-standard domains 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 TLD, (e.g., renewal registration for one domain may be $100.00 and $33.00 for a different domain name.). By agreeing to the Webnames.ca Agreements, You expressly agree to all non-uniform pricing and changes that may be applied from time to time.
25. Domain Privacy or Proxy Services: You agree that certain Registry Operators do not permit Registrars, affiliates or third parties to provide the use of privacy or proxy registration services by the registered name holder for certain TLDs. Using a privacy or proxy service where prohibited may result in suspension, cancellation or other consequence as applied by the Registry Operator.