Supplementary Agreement for ICANN Top-Level Domain Names

Last published: Jul 25, 2018

1. Application

This Supplementary Agreement for ICANN Top-Level Domain Names applies to domain names registered or proposed to be registered in any of the generic top level domains delegated by ICANN.

2. Interpretation

For all Services provided by Webnames.ca relating to a domain name registered or proposed to be registered in a ICANN Top-Level Domain, 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 ICANN 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 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) “Account Holder” means the person that is paying for a Registered Name or otherwise controls the management of a Registered Name, when that person is not the Registered Name Holder.

(b) “DNS” means the Internet domain-name system.

(c) “ICANN” means the Internet Corporation for Assigned Names and Numbers.

(d) “ICANN gTLD” means a top-level domain of the Internet domain-name system that is delegated by ICANN pursuant to a registry agreement, other than a country code TLD (ccTLD) or internationalized domain name (IDN) country code TLD.

(e) “ICANN Requirements” means the obligations set forth in the latest version (including additional appendices) of the Registrar Accreditation Agreement, all Specifications and Policies, and all Consensus Policies (as defined in the Registrar Accreditation Agreement).

(f) “Illegal Activity” means conduct involving use of a Registered Name that is prohibited by applicable law or the exploitation of domain name resolution or registration services in furtherance of conduct involving the use of a Registered Name that is prohibited by applicable law.

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

(h) “Registered Name” means a domain name registered in an ICANN gTLD. For greater certainty, a domain name registered in an ICANN gTLD is a Registered Name even though the domain name is inactive or does not appear in a zone file.

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

(j) “Registrar Accreditation Agreement” means the agreement between ICANN and Webnames.ca pursuant to which Webnames.ca is accredited as a registrar for Registered Names, a copy of which is available on the ICANN website (website (www.icann.org).

(k) “Registry Database” means a database comprised of data about one or more DNS domain names within the domain of a registry that is used to generate either DNS resource records that are published authoritatively or responses to domain-name availability lookup requests or WHOIS queries, for some or all of those names.

(l) “Registry Operator” means one or more persons responsible, in accordance with an agreement between ICANN (or its assignee) and the persons or, if that agreement is terminated or expires, in accordance with an agreement between the US Government and the persons, for providing Registry Services for a specific ICANN gTLD.

(m) “Registry Services” with respect to a particular ICANN gTLD has the meaning defined in the agreement between ICANN and the Registry Operator for the ICANN gTLD.

(n) “Specification” and “Policy” mean the specifications and policies (as applicable) adopted by ICANN, including Consensus Policies, Specifications (such as the WHOIS Accuracy Program Specification and the Data Retention Specification), and any amendments, policies, procedures, or programs specifically contemplated by the Registrar Accreditation Agreement or authorized by ICANN’s bylaws.

(o) A Registered Name is “sponsored” by the registrar (including Webnames.ca) that placed the record associated with the Registered Name into the registry.

(p) 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 ICANN and each Registry Operator and their respective successors and assigns; and (b) “Domain Names” includes a Registered Name.

5. Acceptance of the Agreement

(a) General

By submitting or approving an application for registration, transfer or renewal of a Registered Name sponsored by us, you unconditionally accept and agree to this Agreement (as defined in section 2) and all other policies and terms and conditions incorporated into this Agreement by reference.

(b) Registered Name Holders

For each application for registration, transfer or renewal of a Registered Name sponsored by us, both the Account Holder and the Registered Name Holder (or proposed Registered Name Holder), if different than the Account Holder, are required to unconditionally accept and agree to this Agreement (as defined in section 2) and all other policies and terms and conditions incorporated into this Agreement by reference, and each reference in this Agreement to “you” includes each of the Account Holder and the Registered Name Holder (or proposed Registered Name Holder).

(c) Process

(i) General: If an application for registration, transfer or renewal of a Registered Name sponsored by us is submitted by a person other than the Registered Name Holder (or proposed Registered Name Holder), we will send to the Registered Name Holder (or proposed Registered Name Holder) an email (using the email address provided by the Account Holder) providing information regarding the procedure required for the Registered Name Holder (or proposed Registered Name Holder) to accept this Agreement. If the Registered Name Holder (or proposed Registered Name Holder) fails to accept this Agreement in accordance with the prescribed procedure within the period specified in the procedure, then the application will be automatically rejected without further notice.

(ii) Delay: Delay by a Registered Name Holder (or proposed Registered Name Holder) in accepting this Agreement might result in a rejection of the requested registration, transfer or renewal of the Registered Name (e.g. if the Registered Name is registered by another person before a proposed Registered Name Holder accepts this Agreement).

(iii) DISCLAIMER: WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THIS AGREEMENT, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ENSURING THAT A REGISTERED NAME HOLDER (OR PROPOSED REGISTERED NAME HOLDER) PROMPTLY AND PROPERLY ACCEPTS THIS AGREEMENT, AND WEBNAMES GROUP IS NOT RESPONSIBLE OR LIABLE FOR PROVIDING YOU WITH ANY NOTICE REGARDING ANY DELAY OR FAILURE BY A REGISTERED NAME HOLDER (OR PROPOSED REGISTERED NAME HOLDER) TO ACCEPT THIS AGREEMENT. YOU CAN DETERMINE WHETHER A REGISTERED NAME HOLDER (OR PROPOSED REGISTERED NAME HOLDER) HAS ACCEPTED THIS AGREEMENT THROUGH OUR WEBSITE OR BY CONTACTING OUR CUSTOMER SERVICE.

6. ICANN Requirements

Without limiting the generality of any other provision of this Agreement: (a) you acknowledge and agree that all Services regarding an ICANN gTLD are subject to ICANN Requirements and that the Services are subject to change at any time, without notice or liability to You, as a result of ICANN Requirements; and (b) you will comply with all applicable ICANN Requirements as amended from time to time by ICANN.

(a) Registry Operator Requirements

Without limiting the generality of any other provision of this Agreement: (a) you acknowledge and agree that all Services regarding an ICANN gTLD are subject to the policies and procedures specified and amended from time to time by the relevant Registry Operator, and that the Services are subject to change at any time, without notice or liability to You, as a result of the policies and procedures specified and amended from time to time by the relevant Registry Operator; (b) you will comply with each of the applicable policies and procedures specified and amended from time to time by the relevant Registry Operator; (c) you acknowledge and agree that a Registry Operator may contact you for purposes related to compliance with the Registry Operator’s Registry Agreements/Policies and as otherwise specified in the applicable Registry Agreements/Policies.

(B) Provision of Personal Data

The provision of Personal Data by the Webnames Group is a contractual requirement between ourselves, relevant registry operators and ICANN. As such, You are obliged to provide the required Personal Data in order for Us to meet the obligations of this contract. As a consequence of You not providing the required Personal Data, the Webnames Group will be unable to provide services to You.

7. Data Collection

Without limiting the generality of any other provision of this Agreement:

(a) Registry Database

(i) General: You acknowledge that for each registration, transfer or renewal of a Registered Name submitted through the Services, we will collect and submit to, or place in, the relevant Registry Database operated by the relevant Registry Operator the following data elements: (1) the name of the Registered Name; (2) the IP addresses of the primary nameserver and secondary nameserver(s) for the Registered Name; (3) the corresponding names of those nameservers; (4) unless automatically generated by the registry system, our identity as the registrar sponsoring the Registered Name; (5) unless automatically generated by the registry system, the expiration date of the registration; (6) any other data the Registry Operator requires be submitted to it; and (7) any alternative data elements specified by the Registry Operator.

(ii) Updated Data: You acknowledge that if you provide us with updated information regarding any of the data elements listed in section 7(a)(i), we will promptly submit the updated data elements to, or place those elements in, the relevant Registry Database operated by the relevant Registry Operator.

(b) Database Delivery

You acknowledge that we will promptly comply with a request by ICANN to deliver to the relevant Registry Operator an electronic database containing the data elements listed in section 7(a) for each Registered Name for which a registration, transfer or renewal was submitted through the Services.

(c) Public Access to Data

(i) General: You acknowledge that we will provide either or both of an interactive web page and a port 43 WHOIS service providing free public query-based access to up-to-date data concerning each active Registered Name sponsored by us, including each of the following data elements: (1) the name of the Registered Name; (2) the names of the primary nameserver and secondary nameserver(s) for the Registered Name; (3) our identity as the registrar sponsoring the Registered Name; (4) the original creation date of the registration; (5) the expiration date of the registration; (6) the name and postal address of the Registered Name Holder; (7) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; (8) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name; and (9) any additional or alternative data elements as agreed in writing by ICANN and the applicable Registry Operator.

(ii) Updates: You acknowledge that if you provide us with updated information regarding any of the data elements or information listed in section 7(c)(i), we will promptly add the updated data elements to the database used to provide the public access described in section 7(c)(i).

(iii) Restrictions: You acknowledge that 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 in section 7(c)(i) except as may be required by ICANN Requirements.

(iv) Bulk Access to Data: You acknowledge that we will provide third-party bulk access to the data and information listed in section 7(c)(i) in accordance with ICANN Requirements.

(d) Retention of Data

You acknowledge that for each Registered Name that we sponsor we may in our discretion collect and retain in our own electronic databases the following data elements: (i) the data specified in the Data Retention Specification (available on the ICANN website); (ii) the data elements listed in section 7(c)(i); (iii) the name and (where available) postal address, e-mail address, voice telephone number, and fax number of the billing contact; (iv) any other data that we have submitted to the relevant Registry Operator or placed in the relevant Registry Database as set forth in section 7(a)(i); and (v) the name, postal address, e-mail address, and voice telephone number provided by you of any privacy service or licensee of any proxy registration service, in each case, offered or made available by us or our affiliates in connection with the registration of the Registered Name.

(e) Retention of Additional Records

You acknowledge that we may in our discretion maintain the following records: (i) in electronic form, the submission date and time, and the content, of all registration data (including updates) submitted in electronic form to a Registry Operator; (ii) in electronic, paper, or microfilm form, all written communications constituting registration applications, confirmations, modifications, or terminations and related correspondence with Registered Name Holders, including registration contracts; and (iii) in electronic form, records of the accounts of all Registered Name Holders.

(f) Disclosure of Retained Records

You acknowledge that in accordance with the restrictions and requirements specified by ICANN (including in the Registrar Accreditation Agreement), and unless prohibited by applicable law, during the term of the Registrar Accreditation Agreement and for two (2) years thereafter we may in our discretion make the data, information and records specified in sections 7(d) and 7(e) available for inspection and copying by ICANN and we may in our discretion deliver copies of the data, information and records to ICANN in respect to transactions or circumstances that may be the subject of a compliance-related inquiry.

(g) Data Escrow

You acknowledge that, in accordance with ICANN Requirements, we may in our discretion submit an electronic copy of the data specified in section 7(d) to ICANN or an escrow agent to be held in escrow on the terms and conditions specified in the ICANN Requirements.

(h) WHOIS Data

(i) General: You acknowledge that 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 for the verification or updating of any data or information previously provided by you or on your behalf under this Agreement, including any of the data and information listed in section 7(c)(i).

(ii) Remedies: Without limiting the generality of any other provision of this Agreement, if you fail to provide a requested verification of data or information relating to a Registered Name within fifteen (15) calendar days or a shorter period specified in ICANN Requirements, we may in our discretion immediately suspend the registration of the Registered Name without notice or liability to you or any other person until you have provided the requested verification.

(iii) Willful Non-Compliance: If you willfully provide inaccurate or unreliable data or information relating to a Registered Name, or you willfully fail to promptly update the data or information relating to a Registered Name, or you fail to respond within fifteen (15) calendar days or a shorter period specified in ICANN Requirements to our inquiries concerning the data or information relating to a Registered Name, we may in our discretion either terminate or suspend the Registered Name or place the registration on ClientHold and ClientTransferProhibited until we have validated the data and information or take other measures authorized or required by ICANN Requirements.

8. Personal Data

Without limiting the generality of any other provision of this Agreement:

(a) Our Privacy Policy

We collect, use, disclose, process, retain and delete Personal Data regarding Registered Names as part of the fulfillment of a contract between the Webnames Group, Domain Name Registries and ICANN, as set forth in our Privacy Policy, as amended from time to time, which is available by clicking here, and in this Agreement. We will not process Personal Data collected from a Registered Name Holder in a way that is incompatible with the purposes and other limitations as set forth in our Privacy Policy, as amended from time to time, and in this Agreement.

(b) Protection of Personal Data

We will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

(c) Disclosure of Personal Data to ICANN

We will disclose Personal Data to ICANN as set forth in our Privacy Policy, as amended from time to time, in this Agreement and in ICANN Requirements. We are not responsible or liable to you or any other person for any act or omission by or on behalf of ICANN regarding Personal Data, including ICANN’s collection, use, disclosure, processing, retention and deletion of Personal Data.

(d) Disclosure of Personal Data to Registry Operators

We will disclose Personal Data to Registry Operators as set forth in our Privacy Policy, as amended from time to time, in this Agreement and in ICANN Requirements. We are 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.

(e) Public Disclosure of Personal Data

We will disclose Personal Data to the public as set forth in our Privacy Policy, as amended from time to time, in this Agreement and in ICANN Requirements. We are not responsible or liable to you or any other person for any act or omission by or on behalf of any member of the public regarding Personal Data, including the collection, use, disclosure, processing, retention and deletion of Personal Data by any member of the public.

(f) Consent

(i) General: By submitting an application for registration, transfer or renewal of a Registered Name, you consent to the collection, use, disclosure, processing, retention and deletion of your Personal Data in accordance with our Privacy Policy and as set forth in this Agreement.

(ii) Specific: If and to the extent that the data, information and records provided to Webnames.ca pursuant to this Agreement (including the data and information referenced in section 7) constitutes your Personal Data, whether provided by you or on your behalf, you hereby consent to the collection, use, disclosure, processing and retention of the Personal Data as set forth in our Privacy Policy, as amended from time to time, and in this Agreement.

(iii) Registered Holder: If you submit an application for the registration, transfer or renewal of a Registered Name on behalf of another individual who is or will be the Registered Name Holder, then you represent and warrant that the individual has consented to the collection, use, disclosure, processing, retention and deletion of the individual’s Personal Data as set forth in our Privacy Policy, as amended from time to time, and in this Agreement.

(iv) Other Third Parties: If and to the extent that the data, information and records provided by you or on your behalf to Webnames.ca pursuant to this Agreement (including the data and information referenced in section 7) constitutes the Personal Data of another individual, then you represent and warrant that: (1) the individual has been given notice that the Personal Data will be disclosed to Webnames.ca pursuant to this Agreement and has been informed of the purposes for which the Personal Data is intended, the intended recipients or categories of recipients of the Personal Data (including relevant Registry Operators and others who will receive data from relevant Registry Operators), data that is obligatory and data that is voluntary, and how the individual can access and, if necessary, rectify the data held about them; and (2) the individual has consented to the collection, use, disclosure, processing and retention of the individual’s Personal Data as set forth in our Privacy Policy, as amended from time to time, and in this Agreement.

9. Payment Requirement

Notwithstanding any other provision of this Agreement, you acknowledge that, in accordance with ICANN Requirements, we are not obligated to activate the registration or renewal of a Registered Name 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 the Registered Name Holder to pay for the registration or renewal upon activation of the registration.

10. Registration Restrictions/Requirements

You will ensure that all applications you submit for the registration, renewal or transfer of a Registered Name comply with all ICANN Requirements and with all terms and conditions, policies and procedures specified by the relevant Registry Operator.

11. Registered Name Renewal Policy

Notwithstanding any other provision of this Agreement, and for greater certainty, if we send a notice to a Registered Name Holder requesting consent to the renewal of a registration of a Registered Name and the Registered Name Holder fails to give the requested consent within the applicable time period, we may in our discretion immediately cancel the registration of the Registered Name unless we in its discretion determine that extenuating circumstances justify the renewal of the Registered Name without the Registered Name Holder’s consent.

12. Contact Details

Without limiting the generality of any other provision of this Agreement, if you submit an application for registration, renewal or transfer of a Registered Name sponsored by us, you will provide to Webnames.ca accurate and reliable contact details for the Registered Name Holder of the Registered Name, and you will correct and update the contact details within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of a Registered Name Holder that is an organization, association, or corporation; and the following data elements: (a) the names of the primary nameserver and secondary nameserver(s) for the Registered Name; (b) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and (c) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.

(a) Pursuant to the ICANN Transfer Policy, which considers certain changes to registrant contact details as “Changes of Registrant”, you explicitly authorize Webnames.ca as your temporary Designated Agent for facilitating and approving any Changes of Registrant that you request, and opting out of any inter-registrar transfer locks on your behalf. This does not provide expressed or implied authorization for Webnames.ca Inc to act as your Designated Agent in any other future capacity.

13. Accurate Information

Without limiting the generality of any other provision of this Agreement, a Registered Name Holder’s willful provision of inaccurate or unreliable information, or willful failure to update information provided to Webnames.ca within seven (7) days of any change, or failure to respond for over fifteen (15) days to inquiries by Webnames.ca concerning the accuracy of contact details associated with the Registered Name Holder’s registration will constitute a material breach of this Agreement and will justify our immediate suspension, cancellation or termination of the Registered Name registration without notice or liability to you or any other person.

14. Licensing

Without limiting the generality of any other provision of this Agreement, a Registered Name Holder that intends to license use of a Registered Name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its 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. A Registered Name Holder licensing use of a Registered Name accepts full responsibility and liability for all harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.

15. No Infringement

Without limiting the generality of any other provision of this Agreement, for each Registered Name for which you submit an application for registration, transfer or renewal, you represent that, to the best of your knowledge and belief, neither the registration, renewal or transfer of the Registered Name nor the manner in which the Registered Name is directly or indirectly used infringes the legal rights of any third party.

16. Court Jurisdiction

For the adjudication of disputes concerning or arising from use of a Registered Name for which you are the Registered Name Holder, you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the following courts: (a) the courts of Registered Name Holder’s domicile; and (b) the courts of British Columbia, Canada (the jurisdiction in which Webnames.ca is located).

17. Remedies

Without limiting the generality of any other provision of this Agreement, you agree that your registration of a Registered Name will be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy: (a) to correct mistakes by any domain name registration (including Webnames.ca) or the Registry Operator in registering the Registered Name; or (b) for the resolution of disputes concerning the Registered Name.

18. Indemnity

Without limiting the generality of any other provision of this Agreement, you will indemnify and hold harmless each relevant Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.

19. Domain-Name Dispute Resolution

You agree that all disputes regarding a Registered Name or other domain name will be resolved in accordance with the applicable dispute resolution policies and procedures specified by ICANN, including theUniform Domain Name Dispute Resolution Policy identified on ICANN's website (www.icann.org/general/consensus-policies.htm) theUniform Rapid Suspension (“URS”) procedure or its replacement identified on ICANN's website, the Post-Delegation Dispute Resolution Procedures (“PDDRP”) procedure or its replacement identified on ICANN's website, and the Registrar Transfer Dispute Resolution Policy identified on ICANN's website, each as modified from time to time, and any other applicable dispute resolution procedure required by the relevant Registry Operator.

20. Customer Service Policy

We offer bilingual (English and French) customer support through our contact centre (see https://www.webnames.ca/customersupport/contact.aspx for contact details). You may request customer service by submitting a ticket, making a call or sending an email to customer support, or you may use the online knowledge base provided. Complaints and disputes should be submitted through the online ticketing system or emailed to support@webnames.ca. We will endeavour to respond to all emails regarding complaints and disputes and within 24 hours. If you are not satisfied with the response provided by our customer support centre, please send an email to president@webnames.ca.

21. ICANN’s Registrant Educational Information

Information regarding ICANN’s Registrar Accreditation Agreement and related Consensus Policies is available on ICANN’s website at http://www.icann.org/en/resources/registrars/registrant-rights/educational.

22. ICANN’s Registrant Benefits and Responsibilities

Registrants of domains falling under ICANN jurisdiction are obligated to certain responsibilities, and also benefit from certain rights. These Benefits and Responsibilities are outlined on ICANN’s website, located at http://www.icann.org/en/resources/registrars/registrant-rights/benefits.

23. Registrar Information

Information regarding Webnames.ca is available by clicking here.

24. Abuse Handling Policy

A description of our procedures for the receipt, handling and tracking of abuse reports is available by clicking here.

25. Third Party Beneficiaries

Notwithstanding anything in this Supplementary Agreement to the contrary, ICANN and each Registry Operator is and will be an intended third party beneficiary of this Agreement, and is entitled to enforce the relevant provisions of this Supplementary Agreement for their own benefit.

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