+++ Registrant agreement with RegCa Enterprises Inc. (Reg.CA)

Version 1.7 Jul 27, 2012

+++Index

DefinitionsDefinitions
IntroductionIntroduction
LawsApplicable Laws
TermTerm of Service
LanguageLanguage
FeesFees and Payment
RightsRights
Legal UsageLegal Usage
Licensed UseLicensed Use
DisclosureDisclosure and use of information
RemedyRemedy
InformationInformation
changesChanges to Agreement
DisputesDisputes
breachBreach of Agreement
liabilityLiability
indemnityIndemnity
Registry SpecificRegistry Specific
disclaimerDisclaimer of Warranty
CIRARegistry Agreement with Registrant Paragraphs
  1. ICANN
  2. CIRA
  3. Neustar
  4. Neulevel
  5. GDI
  6. Afilias


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DefinitionsDefinitions:

IntroductionIntroduction:

The following sections are the agreement for service between the applicant for a domain name (the registrant) and RegCa Enterprises Inc.(the registrar). An agent acting as a third party must inform the applicant of their obligations under this agreement. The spirit of this agreement is that we are acting as registrar for you, you are acting in good faith, the domain shall remain the property of the registrar until all fees are paid in full and 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.

Applicable LawsApplicable Laws:

The laws of British Columbia, Canada shall be in effect for purposes of this agreement and any services provided by us to you.

Terms of ServiceTerm of Service:

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.

LanguageLanguage:

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.

FeesFees 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.

RightsRights:

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.

Legal UsageLegal Usage:

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.

Licensed UseLicensed Use:

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.

RightsDISCLOSURE 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.

RemedyRemedy:

Should we be unable to supply services to you, our sole obligation is to return any applicable fees to you.

InformationInformation:

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 protect the supplied information according to our privacy policy. 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.

ChangesChanges 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.

DisputesDisputes:

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 policy.
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.

BreachBreach:

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 or phone.
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 Agreement.

LiabilityLiability:

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.

IndemnityIndemnity:

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 defend ourselves.
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.

Registry Specific Registry Specific:

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.

    DisclaimerDisclaimer of Warranty:

    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.

    CIRARegistry 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 do so.

    ICANN Registry:

    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.

    ICANN Paragraphs:

    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

    ARTICLE 6
    REGISTRAR'S AGREEMENTS WITH REGISTRANTS

  • 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 Registrant:


  • 3) Neustar


    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 domain names.
    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 third party;
       5. That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
       6. You have the authority to enter into this Registration Agreement.
       7. The Nexus Dispute Policy ("Dispute Policy), available at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. 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:

    1. REPRESENTATIONS AND WARRANTIES.
      You represent and certify that, to the best of your knowledge and belief,

      1. neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party,
      2. you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder,
      3. you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" ,
      4. you are of legal age to enter into this Agreement, and
      5. you agree to comply with all applicable laws, regulations and policies of  the usTLD Administrator.

    2. 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:

      1. the Registered Name;
      2. the names of the primary nameserver and secondary nameserver(s) for the Registered Name;
      3. your name and postal address;
      4. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name;
      5. the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name;
      6. the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name;
      7. any remark concerning the registered domain name that should appear in the Whois directory; and
      8. any 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.


    3. 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 be recorded.

    4. 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.

    5. 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.


    5)  GDI
    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.
    7) PIR

    6) Afillias
    Should you seek to register a .INFO second level domain name you, the registrant, must also agree to the following terms:

    1. Registrant 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 contract.

    2. 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.

    3. Registrant 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 this Agreement.

    4. 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:

      1. the ability or inability of a registrant to obtain a Registered Name during these periods, and
      2. the results of any dispute over a Sunrise Registration.

    5. Registrar 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.


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