with RegCa Enterprises Inc. (Reg.CA)
Version 1.7 Jul 27, 2012
Term of Service
Fees and Payment
Disclosure and use of information
Changes to Agreement
Breach of Agreement
Disclaimer of Warranty
Registry Agreement with Registrant Paragraphs
Comments and questions to:
Domain - is a term used to describe a name given which is used to
map easily remembered words into Internet addresseses (IP addresses) used
in the Internet.
- ICANN - The
Internet Corporation for Assigned Names and Numbers (ICANN) is an
internationally organized, non-profit corporation that has
responsibility for Internet Protocol (IP) address space allocation,
protocol identifier assignment, generic (gTLD) and country code (ccTLD)
Top-Level Domain name system management, and root server system
CIRA - Canadian Internet Registration Authority is the organization
responsible for the registration of .ca domain names.
- NeuStar, Inc. is the organization responsible for the registration of .us domain names together with
- NeuLevel, Inc. which is responsible for the registration of .biz domains
- Verisign is the registry that manages .com and .net domains through an agreement with ICANN
- GDI - Global Domains International is the registry for .ws domains
- PIR - Public Interest Registry is the organization responsible for the registration of .org domain names
- Afilias - Afilias is the registry operator for the .INFO top-level domain (TLD).
RegCa - RegCa Enterprises Inc. is a federally incorporated company
supplying Domain Registration Services.
Registrar - refers to the RegCa
Registrant - refers to the individual or organization for whom the
domain is intended to be used.
Agent or Applicant - refers to any individual or organization applying
to the registrar for the registration of a domain on behalf of another
individual or organization.
"you" or "your" - terms that apply to both the agent and registrant.
"we", "our" or "us" - terms that apply to RegCa
following sections are the agreement for service between the applicant
for a domain name (the registrant) and RegCa Enterprises Inc.(the
An agent acting as a third party must inform the applicant of their
under this agreement. The spirit of this agreement is that we are
as registrar for you, you are acting in good faith, the domain
remain the property of the registrar until all fees are paid in full
you agree that you will cover all any any costs of any action taken as
a result of this registration. In addition to this agreement you must
follow all applicable rules and regulations for the registry of that
domain registrant agreement.
Your application for a domain using our services constitutes acceptance
of this agreement on your part.
The laws of British Columbia, Canada shall be in effect for purposes of this agreement and
any services provided by us to you.
Unless otherwise specified the term of the agreement for service is for as
long as you hold any domain name or any service (such as web hosting, domain
or email forwarding, etc) with Reg.CA, unless terminated
by other party. The terms of this service apply to all domains names
registered with Reg.CA, and any services.
In case of any disruptancy between the English and French (or any other language)
versions of this document, the English shall preside over the French in all cases.
Fees and Payment:
All fees are payable immediately upon submission of an application or other
request for service. Submission of a registration or other request for
service constitutes an agreement to pay all fees in full.
There will be a charge of $100 for all Non Sufficent Funds Cheques,
stop payment orders or credit card refusal to pay.
All rights to the domain shall remain with the registrar until
such times as all fees are paid in full.
All fees paid to Registration authorities by us on your behalf are not refundable to us
and therefore cannot be returned to you. The portion of your fees payable
to us are also not refundable except in the exceptional situation where
we are unable to provide services to you.
We reserve the right to cancel and refund any transaction where an incorrect
amount is billed as a result of an form of billing or accounting error.
As part of the registration process you state you have the legal right
to apply for domain either for your own use or the use of a third party
for whom you are acting as agent and agree that the application for or
granting of a domain does not confer any additional rights than you currently
have for that domain.
You agree and confirm that, to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which it is directly or
indirectly to be used infringes upon the legal rights of a third party;
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to our ageement, Registry
Operator, or pursuant to any registrar or registry procedure not
inconsistent with a registry or government-adopted policy, to correct
mistakes by us or the applicable Registry in registering the name or
for the resolution of disputes concerning the domain name.
You further agree to hold us harmless from any action taken against
you, the applicable registration authority, any of our suppliers and/or us as a result of your application.
We in our sole discretion, reserves the right to refuse to register or reserve your
chosen domain name or register you for other Services. In the event we
do not register or reserve your domain name or register you for other
Services, or we delete your domain name or other Services within such
thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or
delete your domain name or register you for other Services. We reserve
the right to delete or transfer your domain name following registration
if we believe the registration has been made possible by a mistake,
made either by us or by a third party. We also reserve the right to
suspend a domain name during resolution of a dispute.
Additionally you agree that this agreement does not confer any protection
from objection to the registration or use of this domain.
The domain may not be used for any illegal means, including but not limited to
impersonating another site or company ("phishing"), theft of credit card
or login information, spam, violating applicable copyright or patent laws,
or hate crimes. We also include any attempt to use the domain or hosting services for the purpose
of attempting to gain unauthorised access ("hacking") to other servers/services or data,
providing a denial of service ("DoS") attack, consuming inappropriate amounts of traffic
or any other action which impacts the security, availability or operation of our network
or that of another. Violation of any of these is cause for immediate suspension
or termination of the domain and/or hosting services, and information may be released
to applicable authorities.
Any Registrant that intends to license use of a domain name to a third party is nonetheless the
Registrant 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 Domain. A Registrant
licensing use of a Registered Name according to this provision shall accept liability for harm
caused by wrongful use of the Domain, unless it promptly discloses the identity of the licensee
to a party providing the Registrant reasonable evidence of actionable harm. The licensee, as well
as any relevant third-parties, must also accept the terms of this agreement.
Certain country-code domain names (such as .CA and .US) forbid the use of licensing or proxy services
as of means of attempting to circumvent Registrant country presence requirements.
For these country-code domains, both the Registrant and the licensee must both maintain a presence
acceptable by the relevant registries.
DISCLOSURE AND USE OF REGISTRATION INFORMATION:
You agree and
acknowledge that we will make domain name registration information you
provide available to the Registry Operator and affiliated bodies, and to other
third parties as applicable. You further agree and acknowledge that we
may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information you
provide, for purposes of inspection (such as through our WHOIS service)
or other purposes as required or permitted by the government policy and applicable
laws. You hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name registration
information by us. You may access your domain name registration
information in our possession to review, modify or update such
information, by accessing our domain manager service, or similar
service, made available by us. We will not process
data about any identified or identifiable natural person that we obtain
from you in a way incompatible with the purposes and other limitations
which we describe in this Agreement. We will take reasonable
precautions to protect the information we obtain from you from our
loss, misuse, unauthorized accessor disclosure, alteration or
destruction of that information.
The Registant shall represent that notice has been provided equivalent to that
described in this section to any third-party individuals whose Personal Data are
supplied to Registrar by the Registrant, and that the Registrant has obtained the
consent of any such third-party individuals.
Should we be unable to supply services to you, our sole obligation is to
return any applicable fees to you.
You agree that you have the right or acquired the right to provide us with
the information reguired on the application. You warrant that the information
is accurate as required in the application process. You further agree to
update the information immediately, should any of it change.
We will not be responsible for loss of information as a result of acts
of unauthorized persons or by use of your systems or services.
Changes to Agreement:
We reserve the right to modify this agreement from time to time to time
or changes the services provided at any time. Continued use of our services
after such changes will constitute you acceptance of the new agreement.
By registering a domain you agree to be bound by the applicable registry's Domain Name
Dispute Resolution Policy now in effect and as amended from time to time.
That policy is considered part of this agreement. Continued use of your
domain and our services will constitute your acceptance of the modified
In addition you agree to be bound by the ICANN Uniform Dispute
Resolution Policy (“Dispute Policy”) as presently written and posted on
www.icann.org/general/consensus-policies.htm and as shall be amended from
time to time. You acknowledge that if you do not agree to any
such modifications, you may request that your domain name be deleted
from the domain name database.
The Registrant shall agree that its registration of the Domain shall be subject to suspension, cancellation, or transfer
pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not
inconsistent with an ICANN adopted specification or policy,
(1) to correct mistakes by Registrar or the Registry Operator in registering the name or
(2) for the resolution of disputes concerning the Domain.
The agent affirms that they have notified the appropriate people of their obligations
under this policy.
If you should breach this agreement, we reserve the right to terminate
the agreement. Any outstanding fees remain payable. Our obligation to you
will terminate upon notification to you by electronic mail, postal mail
You agree that failure to abide by any provision of this Agreement
including but not limited to any failure to abide Registry
Requirements, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach. If
you fail to provide evidence, which is reasonably satisfactory to us,
that you have not breached your obligations under the Agreement, then
we may delete the registration or reservation of your domain name. Any
such breach by you shall not be deemed to be excused simply because we
did not act earlier in response to that, or any other breach by you.
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, failure to respond within 7 calendar days, or any failure
to respond to inquiries by us addressed
to the email address of the registrant, the administrative, billing or
technical contact appearing in the "Whois" directory with respect to a
domain name concerning the accuracy of contact details associated with
the registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name registration. Any
information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this
We shall not be responsible for any damages whatsoever, either direct or
indirect, special or consequential damages resulting from the use of our
services or our failure to provide services through access delays, or interruptions,
non delivery or misdirected delivery of data, acts of God, acts of unauthorized
person, misuse of your account or password or the use or misuse of your
domain or systems.
Under no condition should our liability exceed the cost of registration
and/or hosting, including but not limited to failures, errors, or ommissions under our part.
This includes technical or administrative errors, including loss of domain.
When action is taken against us by a third party related to a domain submitted
by you, you agree to provide written assurance to us that you will pay
all costs including reasonable attorney fees and other costs required to
You agree and acknowledge that we are not liable or responsible in any way for any errors,
omissions or any other actions by the registry administrator arising out of or related to your
application and receipt of, or failure to receive, a domain name registration or any updates
(including renewals) to said registration.
You further agree to release, indemnify, defend and hold harmless us and any of our (or their) contractors, agents, employees,
officers, directors, shareholders, agents, affiliates and assigns from all liabilities,
claims, damages, costs and expenses, including reasonable legal fees
and expenses, relating to or arising out of or related to the Registrant's domain name
registration, or any other services or operations performed on your behalf.
Special Registry Fees:
The registry for .EU charges a fee equivalent to one year's registration for all registrant transfers. This includes material changes to administrative or registrant information.
We do not warranty under any circumstances expressed or implied,
that our services will meet your requirements, that our service will be
uninterrupted, secure, timely or free from errors. Retrieval of information
to your systems as part of our services is done solely at your risk. Nothing
we say or do will constitute a warranty of any type.
Registry Agreement with Registrant Paragraphs
1) The ICANN Uniform Dispute Resolution Policy (“Dispute Policy”) as presently written and posted on http://www.icann.org/udrp/udrp.htm and as shall be amended from time to time.
You agree that transfer of your domain name(s) shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/,
as this policy may be modified from time to time. You agree that we may
place your domain name(s) on Registrar Lock to prevent them from being
transferred without your authorization, though we are not required to
The registrant hereby authorizes and instructs us to act as agent and on Registrant's behalf to
manage any domain name registration orders through us. All domain name registrations and/or renewals
requiring an ICANN accredited registrar may be processed through any ICANN-accredited registrar, at our
discretion. In addition, we reservs the right to transfer registrations between registrars
(such as part of a domain renewal), at any time, at our sole discretion. Currently we have agreements
with our sister company DotAlliance and Directi. We reserves the right to add or change registrars, and may elect
to seek direct ICANN accredition in the future.
You agree to obey and follow all relevant sections of the ICANN agreements, found here: http://www.icann.org/registrars/agreements.html
In particular, Section 3.7.7, and any cross-referenced subsections.
2) CIRA Paragraphs:
The following paragraphs are required by CIRA to be part of any agreement
between a registrant and a registrar. Nothing in the paragraphs preceding
shall override the CIRA supplied paragraphs.
Canadian Internet Registration Authority
6.2 Provisions in the Agreement Between the Registrant and the Registrar. The
following provisions shall be included in any agreement between the Registrar and any such
REGISTRAR'S AGREEMENTS WITH REGISTRANTS
(a) Registration of the Applicant's selected Domain Name in its application to
CIRA shall not be effective until the Applicant has entered into and agreed
to be bound by CIRA's Registrant Agreement; and
(b) The presentation of CIRA's Registrant Agreement and its acceptance by
the Applicant is a pre-condition to the granting of a Domain Name
Registration. CIRA, at its sole discretion and at its sole option, shall have
the ability to delete a Domain Name Registration at any time if it is
determined that the Applicant was not expressly presented with, or did not
agree to, the then-current version of CIRA's Registrant Agreement.
Should you seek to register a .US second level domain name you, the registrant, must also agree to the following terms:
Only those individuals or organizations that have a substantive lawful
connection in the United States are permitted to register for .usTLD
Registrants in the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus Requirements") set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf
3. SELECTION OF A DOMAIN NAME. You certify and represent that:
1. You have and shall continue to have, a bona fide
presence in the United States on the basis of real and substantial
lawful contacts with, or lawful activities in, the United States as
defined in Section 2 hereinabove.
2. The listed name servers are located within the United States;
3. The data provided in the domain name registration
application is true, correct, up to date and complete, and that you
will continue to keep all of the information provided correct,
up-to-date and complete;
4. To the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which it is
directly or indirectly to be used infringes upon the legal rights of a
5. That the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose
6. You have the authority to enter into this Registration Agreement.
7. The Nexus Dispute Policy ("Dispute Policy), available
The Dispute Policy will provide interested parties with an opportunity
to challenge a registration not complying with the Nexus Requirements.
8. The usTLD Dispute Resolution Policy ("usDRP"). The
usDRP is intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark infringement. In
addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts.
9. POLICY. The Registry Operator's policies can be found at http://www.neustar.us/policies.
10. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
- REPRESENTATIONS AND WARRANTIES.
You represent and certify that, to the best of your knowledge and belief,
the registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of any third
- you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder,
- you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" ,
- you are of legal age to enter into this Agreement, and
- you agree to comply with all applicable laws, regulations and policies of the usTLD Administrator.
- PROVISION OF REGISTRATION DATA.
As part of the registration process, you are required to provide us
with certain information and to update this information to keep it
current, complete and accurate. This information includes:
- the Registered Name;
- the names of the primary nameserver and secondary nameserver(s) for the Registered Name;
- your name and postal address;
name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the technical contact for the
- the name, postal address, e-mail
address, voice telephone number, and (where available) fax number of
the administrative contact for the Registered Name;
name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the Registered Name;
- any remark concerning the registered domain name that should appear in the Whois directory; and
other data NeuStar, as the Registry, requires be submitted to it,
including specifically information regarding the primary purpose for
which a domain name is registered (e.g., business, education, etc.).
You agree and understand that the foregoing registration data will be
publicly available and accessible on the Whois directory pursuant to
US governmental/Registry Policy. Any information collected by us concerning an
identified or identifiable natural person ("Personal Data") will be
used in connection with the registration of your domain name(s) and for
the purposes of this Agreement and as required or permitted by the
Department of Commerce Contract with the Registry or any USTLD
Administrator/US government Policy.
- GOVERNMENT USE OF DATA.
You understand and agree that the U.S. Government shall have the right
to use, disclose, reproduce, prepare derivative works, distribute
copies to the public, and perform publicly and display publicly, in any
manner and for any purpose whatsoever and to have or permit other to do
so, all Data provided by Registrant. "Data" means any recorded
information, and includes without limitation, technical data and
computer software, regardless of the form or the medium on which it may
- LICENSING OF A DOMAIN NAME.
If you intend to license use of a domain name to a third party, you
nonetheless are the registrant of record and are responsible for
providing 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 domain name. You shall accept liability for harm caused by
wrongful use of the domain name, unless you promptly disclose the
identity of the licensee to a party providing you reasonable evidence
of actionable harm.
- DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a .us domain name through us, you agree
to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In
addition, you hereby acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the policies of the
usTLD Administrator as documented on its web site, www.neustar.us, as
they may be amended from time to time, and which are hereby
incorporated and made an integral part of this Agreement.
4) Neulevel Acknowledgment of Dispute Policies and Rules. The registrant
acknowledges having read and understood and agrees to be bound by the
terms and conditions of the following documents, as they may be amended
from time to time, which are hereby incorporated and made an integral
part of this Agreement:
(i) The Uniform Domain Name Dispute Policy, available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html;
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
Your registration of a domain name in the .WS
top-level domain ("New TLD Domain Name"), is subject to policies
established or revised from time to time by the registry for such New
TLD Domain Name ("New TLD Registry"), in its capacity as the registry
for its respective Top Level Domain. Each respective New TLD Registry's
current policies ("New TLD Registry Policies") are available for you to
review at each New TLD's respective web site. You agree to be bound by
and comply with the applicable New TLD Registry Policies, including
amendments and modifications thereto, with respect to your New TLD
Domain Name registration. Such policies shall not alter the terms and
conditions of this Agreement. To the extent there is a conflict between
the New TLD Registry policies and the terms of this Agreement, the
terms of this Service Agreement shall prevail. You agree that the New
TLD Registry has the right to enforce the New TLD Registry Policies.
Should you seek to register a .INFO second level domain name you, the registrant, must also agree to the following terms:
consents to the use, copying, distribution, publication, modification,
and other processing of Registered Domain Name Holder's Personal Data
by Afilias, the .INFO Registry Operator, and its designees and agents
in a manner consistent with the purposes specified pursuant in its
- Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and
comply with the requirements set forth by Afilias for domain names
registered during the Sunrise Period, including the mandatory Sunrise
Dispute Resolution Policy. These policies are subject to modification.
agrees to immediately correct and update the registration information
for the Registered Name during registration term for the Registered
Name, failure to correct this information shall constitute a breach of
- Registrant acknowledges
that Afilias, the registry operator for .INFO, will have no liability
of any kind for any loss or liability resulting from the proceedings
and processes relating to the Sunrise Period or the Land Rush Period,
including, without limitation:
- the ability or inability of a registrant to obtain a Registered Name during these periods, and
- the results of any dispute over a Sunrise Registration.
and Afilias, the registry operator for .INFO, expressly reserve the
right to deny, cancel or transfer any registration that it deems
necessary, in its discretion, to protect the integrity and stability of
the registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of Registrar and/or Afilias as well as their
affiliates, subsidiaries, officers, directors and employees. Registrar
and Afilias also reserve the right to freeze a domain name during
resolution of a dispute.
Comments and questions to: