Domain Registration Agreement
IF YOU ACCEPT THIS AGREEMENT WITHOUT
READING IT IN ITS ENTIRETY YOU ARE STILL BOUND BY THIS AGREEMENT IN ITS ENTIRETY
1.
AGREEMENT
In this Registration Agreement
("Agreement") YOU, YOUR and YOURSELF refer to each customer, WE, US and OUR
refer to i010.com Inc. and "Services" refers to the domain name registration
services provided by US as offered through i010.com Inc.
2.
SELECTION OF A DOMAIN NAME
YOU represent that, to the best of the
YOUR knowledge and belief, neither the registration of a second level domain
(SLD) name nor the manner in which it is used infringes the legal rights of a
third party, and that the Domain Name is not being registered for any unlawful
purpose.
3.
FEES
As consideration for the Services YOU
have selected, YOU agree to pay to US applicable service fees. All fees payable
hereunder are non-refundable. As further consideration for the Services, YOU
agree to: (1) provide certain current, complete and accurate information about
YOU as required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information is referred to as "Account Information". By completing and
submitting this Agreement, YOU represent that the statements in YOUR Account
Information are true.
4.
TERM
YOU agree that this Agreement will
remain in force during the length of the term of YOUR Domain Name Registration
as selected, recorded and paid for upon registration of the domain name. If YOU
renew or otherwise lengthen the term of YOUR Domain Name Registration, the term
of this Registration Agreement will be extended accordingly. If YOU transfer
YOUR domain name or the domain name is otherwise transferred to or is in the
name of another Registrar, the terms and conditions of this Agreement will cease
and be replaced by the terms of the new Registrar. No fees are refundable on
termination.
5.
MODIFICATIONS TO AGREEMENT
YOU agree, during the period of this
Agreement, that WE may: (1) revise the terms and conditions of this Agreement;
and (2) change the Service provided under this Agreement. Any revisions or
changes will be binding and effective immediately on posting of the revisions or
changes at OUR Web site www.i010.com, or on notification to YOU by e-mail or
regular mail as per the Notices section of this agreement. YOU agree to review
OUR Web site, including the Agreement as posted thereon, periodically, to inform
YOURSELF of any such revisions. If YOU do not agree with any revision to the
Agreement, YOU may terminate this Agreement within 2 (two) calendar weeks
thereafter by providing US with notice by e-mail or regular mail as per the
Notices section of this agreement. Notice of YOUR termination will be effective
on receipt and processing by US. YOU agree that, by continuing to use the
Services following notice of any revision to this Agreement or change in
service(s), YOU will abide by any such revisions or changes. YOU further agree
to abide by any dispute resolution policy as promulgated from time-to-time by
any relevant and applicable top-level domain name registry or Registrar
connected to YOUR domain name.
6.
MODIFICATIONS TO YOUR ACCOUNT
In order to change any of YOUR Account
Information with US, YOU must use YOUR Account Identifier and Password that YOU
selected when YOU opened YOUR account with US. It is YOUR responsibility to
safeguard YOUR Account Identifier and Password from unauthorized use. In no
event are WE liable for unauthorized use of YOUR Account Identifier or Password.
7.
DOMAIN NAME DISPUTE POLICY
If YOU reserved or registered a domain
name through US, or transferred a domain name to US from another registrar, YOU
agree to be bound by applicable Dispute Policies, as promulgated by the relevant
top-level domain (TLD) name Registries, such Policies being incorporated by
reference herein. It is YOUR responsibility to become familiar with and abide by
the relevant TLD Registry policies. In the case of TLDs administered by ICANN,
you specifically agree to be bound by the dispute policies at
http://www.icann.org/udrp/. In the case
of TLDs administered by CIRA, you specifically agree to be bound by the dispute
policies at
http://www.cira.ca/en/cat_Registrar.html.
8.
DOMAIN NAME DISPUTES
YOU agree that, if the registration or
reservation of YOUR domain name is challenged by a third party, YOU will be
subject to the provisions specified in the applicable Dispute Policy in effect
at the time of the dispute. YOU agree that in the event a domain name dispute
arises with any third party, YOU will indemnify and hold US harmless in any
event. If i010.com Inc. is notified that a complaint has been filed with a
judicial or administrative body regarding YOUR domain name, i010.com Inc. may in
its sole discretion, suspend YOUR ability to use YOUR domain name or to make
modifications to YOUR registration records until either i010.com Inc. (i) is
directed to do so by the judicial or administrative body, or (ii) receives
notification by YOU and the other party contesting YOUR domain that the dispute
has been settled. If YOU are subject to litigation regarding YOUR registration
or use of YOUR domain name, i010.com Inc. may deposit control of YOUR
registration record into the relevant TLD registry or judicial body by supplying
a third party with a registrar certificate from i010.com Inc. For any dispute,
YOU irrevocably agree to submit to the jurisdiction of the courts of The
Province of Ontario.
9.
RENEWAL
YOU agree that WE will, on your behalf,
take all required steps to automatically renew YOUR domain name registration on
a yearly basis, and that YOU will be solely responsible for all costs in so
doing. YOU undertake to indemnify i010.com Inc. for any expenses it incurs in
such renewals. YOU further designate i010.com Inc.,
to act on your behalf and as your domain name temporary administrative
contact when required, and agree that WE may take all steps necessary to ensure
both renewal and transfer of the subject domain name to i010.com Inc. as the
registrar of record.
10.
FURTHER AGREEMENTS
In the case of all domain names
regardless of name extension, YOU further agree to be bound by the terms of
registration as promulgated by the relevant TLD Registry and other relevant
registrars if applicable, from time to time, these terms being continually
incorporated herein by reference.
11.
AGENCY
Regardless of whether YOU intend to
license use of a domain name to a third party YOU are nonetheless the domain
name holder of record and are therefore responsible for providing YOUR 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 YOUR domain name. YOU accept all
liability for harm caused by wrongful use of the domain name by YOUR licensee
unless YOU promptly disclose the identity of the licensee to a party providing
YOU with reasonable evidence of actionable harm. YOU also represent that YOU
have provided notice of the terms and conditions in this Agreement to YOUR
licensee, and that YOUR licensee agrees to all the terms herein.
12.
ANNOUNCEMENTS
WE reserve the right to distribute
information to YOU that is pertinent to the quality or operation of OUR services
and those of OUR service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades, new
products or other information to add security or to enhance YOUR identity on the
Internet. YOU agree that such information is prima facie communication solicited
by YOU, by virtue of YOUR acceptance of this agreement.
13.
LIMITATION OF LIABILITY
YOU agree that OUR entire liability, and
YOUR exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount YOU
paid for such Service(s). WE are not liable for any direct, indirect,
incidental, special or consequential damages resulting from the use or inability
to use any of the Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states, OUR liability
is limited to the extent permitted by law. WE disclaim any and all loss or
liability including loss or liability resulting from: (1) access delays or
access interruptions; (2) data non-delivery or data mis-delivery; (3) acts of
God or acts not under OUR control; (4) the unauthorized use or misuse of YOUR
account identifier or password; (5) errors, omissions, or misstatements in any
and all information or services(s) provided under this Agreement; (6) the
interruption of YOUR Service. YOU agree that WE are not liable for any loss of
registration and use of YOUR domain name, or for interruption of business, or
any indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in contract,
tort (including negligence), or otherwise, even if WE have been advised of the
possibility of such damages. In no event will OUR liability is limited solely to
$1.
14.
INDEMNITY
YOU agree to release, indemnify, and
hold US, OUR contractors including any relevant TLD registry, agents, employees,
officers, directors and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or YOUR use of the
Services, including without limitation infringement by YOU, or someone else
using the Service with YOUR computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any of OUR
operating rules or policy relating to the service(s) provided. YOU also agree to
release, indemnify and hold US harmless pursuant to the terms and conditions
contained in any applicable Dispute Policy. If WE are threatened with such a
claim by a third party, WE may seek written assurances from YOU concerning YOUR
promise to indemnify US; YOUR failure to provide those assurances will be deemed
a breach of this Agreement and may result in deactivation of YOUR domain name.
15.
TRANSFER OF OWNERSHIP
The person named as the registrant at
the time the controlling user name and password are secured is the owner of the
domain name. YOU agree that prior to transferring ownership of YOUR domain name
to another person (transferee) YOU will require the transferee to agree, in
writing to be bound by all the terms and conditions of this Agreement. YOUR
domain name will not be transferred until WE receive such written assurance or
other reasonable assurance that the transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by US in OUR
sole discretion) along with the applicable transfer fee. If the transferee fails
to be bound in a reasonable fashion (as determine by US in OUR sole discretion)
to the terms and conditions in this Agreement, any such transfer will be null
and void.
16.
BREACH
YOU agree that failure to abide by any
provision of this Agreement, any operating rule or policy or the Dispute Policy
provided by US, may be considered by US to be a material breach and that WE may
provide a written notice, describing the breach, to YOU. If within 30 (thirty)
calendar days of the date of such notice, 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 will not be excused simply because WE did not act
earlier in response to that, or any other breach by YOU.
17.
NO GUARANTY
YOU agree that, by registration or
reservation of YOUR chosen domain name, such registration or reservation does
not confer immunity from objection to the registration, reservation, or use of
the domain name.
18.
DISCLAIMER OF WARRANTIES
YOU agree that YOUR use of OUR Services
is solely at YOUR own risk. YOU agree that such Service(s) is provided on an "as
is," "as available" basis. WE expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. WE
make no warranty that the Services will meet YOUR requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do WE make
any warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected. YOU
understand and agree that any material and/or data downloaded or otherwise
obtained through the use of Service is done at YOUR own discretion and risk and
that YOU will be solely responsible for any damage to YOUR computer system or
loss of data that results from the download of such material and/or data. WE
make no warranty regarding any goods or services purchased or obtained through
the Service or any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by YOU from US or through the
Service creates any warranty not expressly made herein.
19.
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:
i) YOUR name and postal address (or, if different, that of the domain name
holder); ii) The domain name being registered iii) The name, postal address,
e-mail address, and voice and fax (if available) telephone numbers of the
administrative contact for the domain name. iv) The name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the billing
contact for the domain name. Any other information that WE request from YOU at
registration is voluntary, and is collected so WE can continue to improve the
products and services offered to YOU.
20.
DISCLOSURE AND USE OF
REGISTRATION INFORMATION
YOU agree and acknowledge that WE will
make domain name registration information YOU provide available to the relevant
TLD registry, to the registry administrators, and to other third parties as
applicable agreements and laws may require or permit. 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 applicable agreements and laws.
YOU hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or 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 control
panel, 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 that WE describe in this Agreement.
WE will take reasonable precautions to protect the information WE obtain from
YOU from OUR loss, misuse, unauthorized access or disclosure, alteration or
destruction of that information.
21.
REVOCATION
YOUR wilful provision of inaccurate or
unreliable information, failure to promptly update information provided to US,
or to respond for over fifteen calendar days to inquiries by US concerning the
accuracy of contact details associated with the YOUR registration shall is a
material breach of this Agreement and a basis for cancellation of YOUR domain
name registration.
22.
RIGHT OF REFUSAL
WE, in OUR sole discretion, reserve the
right to refuse to register or reserve YOUR chosen domain name or register YOU
for other Services within 30 (thirty) calendar days from receipt of YOUR payment
for such 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) paid. YOU agree that WE are not 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.
23.
SEVERABILITY
YOU agree that the terms of this
Agreement are severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain in full force and
effect.
24.
NON-AGENCY
Nothing contained in this Agreement or
any applicable Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the YOU and US.
25.
NON-WAIVER
OUR failure to require performance by
YOU of any provision hereof does not affect the full right to require such
performance at any time thereafter; nor does the waiver by US of a breach of any
provision hereof be taken or held to be a waiver of the provision itself.
26.
NOTICES
Any notice, direction or other
communication given under this Agreement must be in writing and given by sending
it via e-mail or via regular mail. In the case of e-mail, valid notice is deemed
given only when the sender has obtained an electronic confirmation of delivery.
In the case of e-mail notification to US, e-mail must be sent to
enquiry@i010.com, in the case of notice to YOU, at the e-mail address provided
by YOU in YOUR WHOIS record. Any e-mail communication is validly and effectively
given on the date of such communication, if such date is a business day and such
delivery was made prior to 4:00 p.m. EST, otherwise it is deemed delivered on
the next business day. In the case of regular mail notice, valid notice is
deemed valid and effective 5 (five) business days after the date of mailing and,
in the case of notification to US shall be sent to:
i010.com Inc., 3621 HWY7 East, Suite 408, Markham, Ontario L3R 0G6 Canada
27.
ENTIRETY
YOU agree that this Agreement, the rules
and policies published by US, and the applicable Dispute Policy, are the
complete and exclusive agreement between YOU and US regarding OUR Services. This
Agreement and any applicable Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or precedent.
28.
GOVERNING LAW
This agreement is governed by,
interpreted and enforced in accordance with the laws of province of Ontario and
the federal laws of Canada without recourse to rules governing choice of laws.
Any action relating to this agreement must be brought in Ontario and you
irrevocably consent to the jurisdiction of such courts.
29.
INFANCY
YOU attest that YOU are of legal age to
enter into this Agreement.
30.
ACCEPTANCE OF AGREEMENT
You acknowledge that you have read this
agreement and agree to all its terms and conditions. You have independently
evaluated the desirability of the service and are not relying on any
representation, agreement, guarantee or statement other than as set forth in
this agreement.
Last Updated: Jan 6, 2011