Terms of Use and Services Agreement
This Agreement governs the use of the COOLCOM Websites and Services provided by COOLCOM.com Web Services (3950573 Canada Inc.). This Agreement exempts COOLCOM and other persons from liability or limits their liability, and contains other important provisions that you should read. By accessing or using the COOLCOM Websites or Services, or by using or taking the benefit of COOLCOMs' Services, you acknowledge and signify that you have read, understood, and agreed to this Agreement. If you do not accept and agree to this Agreement, you may not access or use the COOLCOM Websites or use or benefit from COOLCOMs' Services.
Acceptance of this Agreement, Supplementary Agreements and Amendment.
General: This Terms of Use and Services Agreement (the "Agreement") is a binding agreement between COOLCOM.com Premium Web Services (3950573 Canada Inc.), (referred to as "COOLCOM", "We", "Us", and "Our") and each of the following persons, jointly and severally:(i) the person identified as the "Account Holder" in the applicable COOLCOM account (the "Account"); (ii) the person identified as the "Company" in the Account; and (iii) the registrants, legal and beneficial owners, and authorized users of the Internet domain names registered using the Account (collectively, the "Registrants"). In this Agreement, the Account Holder, the Company, and the Registrants, jointly and severally, are referred to as the "Customer Group", "You" and "Your".
Application: This Agreement governs Your use of Our websites (including the website accessible at www.COOLCOM) and their content (collectively, the "Websites") and all information, products and services (collectively, the "Services") provided by Us through the Websites and otherwise, including transactions relating to Internet domain names (each a "Domain Name"). For greater certainty, this Agreement applies to Domain Names registered before the effective date of this Agreement. In this Agreement, "Domain Name Transactions" means registrations, renewals, transfers, modifications, and cancellations of Domain Names and Domain Name registrations.
Supplementary Agreements: Certain Services are governed by both this Agreement and supplementary terms and conditions specific to the Service (each, a "Supplementary Agreement"), which you must accept and agree to when you order, access, or use those Services. Supplementary Agreements are available online at www.COOLCOM.com. If there is an inconsistency or conflict between the provisions of this Agreement and a Supplementary Agreement, then: (i) the Supplementary Agreement will govern regarding the specific Services to which it applies; and (ii) this Agreement will govern regarding all other matters. COOLCOM Supplementary Agreements are available at www.COOLCOM.com.
Acceptance: Each time You use a Website or a Service (including any Transaction), You signify Your acceptance and agreement, without limitation or qualification, to be bound by this Agreement and applicable Supplementary Agreements. If You do not agree with each provision of this Agreement and applicable Supplementary Agreements, You may not access or use the Websites or the Services.
Authorization: If You are an individual representing an Account Holder, then You represent and warrant that You have all requisite authorities and approvals from the Account Holder to agree to and accept this Agreement and Supplementary Agreements on the Account Holder's behalf and to request and authorize Us to perform Services for Account Holder's benefit. If You are an Account Holder, then You represent and warrant that You have all requisite authorities and approvals from the other members of the Customer Group to agree to and accept this Agreement and Supplementary Agreements on their behalf and to request and authorize Us to provide Services for their benefit. Each member of the Customer Group represents and warrants that the Account Holder and its representatives are authorized to agree to and accept this Agreement and Supplementary Agreements on their behalf and to request and authorize Us to provide Services for their benefit.
Changes to this Agreement: We may in Our discretion change or supplement this Agreement from time to time as it relates to Your future use of the Websites and Services by posting the revised Agreement on the Websites. Our employees do not have authority to change or supplement this Agreement except by posting a revised Agreement on the Website. You may not change or supplement this Agreement in any manner. When You use the Websites or the Services, You should check the date of this Agreement and review any revisions since the last version. By using the Websites or the Services after this Agreement has been revised, You signify Your acceptance and agreement, without limitation or qualification, to be bound by the revised Agreement, and You represent and warrant that You have the legal authority to agree to and accept the revised Agreement on behalf of Yourself and all other members of the Customer Group. If You do not agree with each provision of the revised Agreement, or You are not authorized to agree to and accept the revised Agreement on behalf of the Customer Group, You may not continue to use the Websites or the Services.
Domain Name Registration Authorities and Their Terms and Conditions:
General: Domain Names are issued and administered by various responsible organizations (each a "Domain Name Registry Authority"). Domain Name Transactions and Your use of certain Services relating to Domain Names, will be conditional upon Your acceptance and agreement to the agreements, policies and procedures (collectively, the "Domain Name Registry Authority Agreement") issued and amended by the responsible Domain Name Registry Authority from time to time. By requesting a Transaction, You signify Your acceptance and agreement, without limitation or qualification, to be bound by the applicable Domain Name Registry Authority Agreement. Supplementary Agreements apply to Domain Name Transactions for certain Domain Names.
.ca Domain Names: Without limiting the generality of paragraph 2(a), Domain Name Transactions for .ca Domain Names and related matters are governed by agreements, policies and procedures issued and amended by the Canadian Internet Registration Authority ("CIRA") from time to time, including the CIRA Domain Name Dispute Resolution Policy and Rules, all of which are available online at the CIRA website, www.cira.ca. In addition, You acknowledge and agree to the provisions set forth in Schedule "A" hereto, which are prescribed by CIRA.
.com and other ICANN Domain Names: Without limiting the generality of paragraph 2(a), Domain Name Transactions for Domain Names administered by ICANN (including .com Domain Names) and related matters are governed by agreements, policies and procedures issued and amended by ICANN from time to time, including the ICANN Uniform Domain-Name Dispute Resolution Policy and Rules, all of which are available online at the ICANN website, www.icann.org.
Domain Name Disputes: Certain disputes between You and other persons regarding Domain Names may be subject to the applicable Domain Name Registry Authority Agreement and the Domain Name dispute resolution policies and procedures specified by the relevant Domain Name Registry Authority. You will immediately give Us notice of any threatened or pending claim, demand, action, cause of action, proceeding, lawsuit, investigation or application regarding a Domain Name or any Transaction using the Account.
Compliance with Directions/Orders: You acknowledge and agree that: (i) We may comply with what appear to be authentic: (1) directions issued by relevant Domain Name Registry Authorities and (2) orders and judgments issued by courts, arbitrators and administrative panels constituted pursuant to Domain Name dispute resolution policies established by relevant Domain Name Registry Authorities, including without limitation directions, orders and judgments regarding the cancellation or transfer of Domain Name registrations; and (ii) if a Domain Name or any related Transaction is the subject of claims or legal proceedings, We may in Our discretion: (1) refuse to process any Domain Name Transactions regarding the Domain Name until the claims or legal proceedings are resolved by agreement of the parties or order of the applicable court, arbitrator or administrative panel; and (2) place control of the Domain Name with the relevant Domain Name Registry Authority or the applicable court, arbitrator or administrative panel.
Permissible Users and Acceptable Use
Permissible Users: The Websites and Services may be accessed and used only by persons who: (i) are located in jurisdictions where access to or use of the Websites and Services is lawful; (ii) can form legally binding contracts under applicable law; and (iii) have accepted and agreed to this Agreement and applicable Supplementary Agreements.
Acceptable Use Policy: You may use the Websites or Services only for lawful purposes, in the manner described expressly in this Agreement or applicable Supplementary Agreements, in accordance with all applicable laws, and in accordance with the COOLCOM Acceptable Use policy. Using the Websites or Services for any other purpose or in any other manner is strictly prohibited. We may in Our discretion change or supplement the Acceptable Use Policy from time to time without any notice or liability to You or any other person by posting a revised Acceptable Use Policy on COOLCOM's website. The COOLCOM Acceptable Use Policy is available by clicking here.
No Framing, Mirroring, Scraping, Data-Mining, Postings: Framing, mirroring, scraping, or data-mining of the Websites or Services (including WHOIS information regarding Domain Name registrants and other data accessible through the Websites) in any form or by any means is strictly prohibited. Under no circumstances will You collect or use, or allow or facilitate any other person to collect or use, any information or data obtained through the Websites or Services for any prohibited or unlawful purpose or to distribute any unsolicited email, faxes, communications, advertising or other forms of spam. You may not use any collaborative browsing or display technologies in connection with Your use of the Websites or Services or to post comments, communications, or any other data of any kind to or on the Websites with the intention that such postings be viewed by other persons.
Fair Use Policy: Unlimited hosting space is avaible with some packages. This space is available for websites and their relevent graphics. Space is not a repository for multimedia downloads (videos, audio files etc). Special accounts can be made available for mass multimedia, mail or backup storage, please contact sales.
Prohibited Uses: The Websites may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without Our express prior written consent. You may not sell or resell any part of the Websites or the Services or access to the Websites or the Services. You may not use any of the computer software or other technologies that are used in the operation of the Websites or provision of the Services except while You are using the Websites and the Services in accordance with this Agreement.
Help Desk: The help desk is for the assistance of clients in need of information and solutions. This desk is not to be used as a method of communicating abusive comments to support staff. Any such use of the help desk, contact forms or telepone information may have their account terminated without notice.
Monitoring: We are not obliged to monitor the use of the Websites or Services, although We reserve the right to do so in Our discretion and without any notice or liability to You or any other person.
Authorized and Accurate Information and Instructions
General: To create an Account and to use portions of the Websites and Services, You will be required to provide us with certain information and instructions. You hereby authorize Us to use, retain and disclose the information You provide to us as we consider necessary to provide Services to You. You represent and warrant that all information You provide to Us (including contact information and financial information) is true, accurate, current and complete, and You will update the information from time to time so that it remains true, accurate, current and complete. We will rely on the information You provide. You will be solely responsible and liable for all loss, damage, and additional costs that You, Us or any other person may incur as a result of Your submission of any false, incorrect or incomplete information or other breach of Your obligations under this Section 4.
Verification: We are not under any obligation to verify the truth, accuracy, currency, or completeness of any information You provide to Us, but We may do so in Our discretion; and You hereby consent to Our making reasonable inquiries and investigations as We in Our discretion consider appropriate to verify the information You provide to Us.
Authorizations: You represent and warrant that You have all third party authorizations and consents necessary to allow You to lawfully provide Us with instructions and information and authorize Us and other persons to act on Your instructions and use and disclose the information as required to provide You with Services and in accordance with this Agreement.
Inaccurate Information: If You provide Us with information that is or becomes inaccurate or incomplete, We may in our discretion deactivate or deregister related Domain Names registered through the Account and exercise all other remedies under this Agreement, Supplementary Agreements or applicable law. Upon request by Us from time to time in our discretion, You will provide Us with updated information within 10 days after the date of our request.
Instructions from Registrants and Administrative Contacts
You authorize Us to: (i) accept instructions regarding Domain Names registered through the Account from the registrants and administrative contacts for those Domain Names or persons using their email addresses as specified in the Domain Name registration information; and (ii) disclose to those persons such information as we consider necessary to provide Services in connection with the Domain Names registered through the Account.
Records: We may in Our discretion create and permanently retain records of all Domain Name applications we receive from You, all Services we provide to You, and all communications between You and Us (including without limitation all information and instructions You provide to Us).
Public Disclosure of Information: You hereby consent to Our public disclosure (including without limitation through a searchable database accessible to the public over the Internet or in bulk format to Domain Name Registry Authorities and other relevant third parties) of information regarding Your Domain Name Transactions and Your use of Services as we consider appropriate or as may be required from time to time to comply with the policies, rules and procedures of relevant Domain Name Registry Authorities or applicable laws, including without limitation public disclosure of the following WHOIS information relating to each Domain Name registered using the Account: (i) the Domain Name; (ii) the name, postal and email addresses and telephone and facsimile numbers of the registrant, the registrant's organization, and the technical and administrative contacts; (iii) the full hostnames and Internet protocol (IP) addresses of the primary and secondary name servers) and the corresponding names of those name server hosts; (iv) the Domain Name registration creation date, modification dates and expiration date; and (v) the status of the Domain Name registration (for example, locked, suspended, or being transferred).
Disclosure to Domain Name Registry Authority: You hereby consent to Our disclosure to relevant Domain Name Registry Authorities of information regarding Your Domain Name Transactions and Your use of Services as we consider appropriate or as may be required from time to time to comply with the policies, rules and procedures of the Domain Name Registry Authorities or applicable laws.
Domain Names, Web Hosting and Related Services
Availability: Information regarding the availability of Domain Names provided through the Websites and Services is obtained from third parties (including Domain Name Registry Authorities), and may not be accurate, current, complete or timely. We will notify You by a notice on the Website or email if You apply to register a Domain Name that is not available. We may in Our discretion refuse to accept or process any Transaction.
Requirements: In addition to compliance with this Agreement and applicable Supplementary Agreements, Domain Name Transactions are conditional on compliance with the applicable Domain Name Registry Authority Agreement and acceptance of the request for the Transaction by the relevant Domain Name Registry Authority.
Processing: Domain Name Transactions are processed by the responsible Domain Name Registry Authority. We are not responsible or liable for any inaccuracies or errors in the Transaction process.
Fees: If a Domain Name cannot be registered or renewed due to lack of availability or otherwise, the registration or renewal fees will not be charged or will be refunded by a credit to Your credit card or other payment method. In all other circumstances, fees and charges for Domain Name registrations, renewals and related services (including multi-year registrations, renewals and term hosting) are payable in advance and are non-refundable even if the Domain Name registration or renewal is suspended, cancelled, or transferred. Once an order is entered and the purchase amount pre-authorized on the indicated credit card, the sale is considered final and any cancellation is at the discretion of COOLCOM.
30 Day Satisfaction Guarantee - Standard hosting plans may be cancelled w/o penalty within the first 30 days if unsatisfactory for any reason. If a discount was applied to a domain license purchased simultaneously with the package, that discount will be subtracted from the refunded amount. Domain license fees are non-refundable.
After the initial 30 days from purchase, all hosting plans are non-refundable.
All hosting plans are automatically renewed for the billing period they are currently being billed in (monthly, quarterly or annually) unless cancelled as per the Terms of Service. If the credit card is declined for the renewal fee for whatever reason, COOLCOM will retry the charge for up to 5 days and then suspend the hosting account until paid. If the account is not paid within 30 days of the scheduled renewal date, all web site and email folders will be deleted and the hosting account cancelled.
Cancellation of Hosting and Release of Hosted Domain - Hosting plans can be cancelled and the recurring billing terminated by submitting the Hosting Cancellation Notification document published in the Client Center a minimum of 5 business days prior to auto-renewal. Both the account and cardholder (if different) will acknowledge and accept all previous card charges and request cancellation effective the date of notice submissions by fax. The document is to be faxed to 1-416-352-1360. Upon receipt and processing, the auth code will be sent to the WHOIS admin contact within 3 - 5 days.
Third Party Rights/Applicable Laws: You are solely responsible and liable for: (i) ensuring that Domain Name Transactions, Domain Names and the use of Domain Names do not infringe the rights (including without limitation trademarks, copyright, business name, and other intellectual property and personality rights) of any other person and do not violate any applicable laws, and (ii) all claims, disputes and proceedings with third parties arising from, connected with, or relating to those matters. We do not review Your requests for Domain Name Transactions for compliance with applicable laws or non-infringement of third party rights. We are not responsible or liable for, and will not be involved in (whether as a party, intermediary (including mediator) or otherwise), any disputes between You and any other person arising from, connected with, or relating to any Transaction.
Domain Name Applications: You authorize Us to make minor changes to Your applications regarding Domain Name Transactions as we consider appropriate to effectively process the Transaction.
Transfers In and Out: Unless We expressly agree otherwise, if You transfer a Domain Name from another domain name registrar to Us, We will process an additional year of registration for the Domain Name and charge You the corresponding fee. Domain Name registrations may be subject to a minimum hold period before they are transferred from the Account to another domain name registrar.
To BE Released (TBR) and Domain Auction Services: TBR and Domain Name Auction Services are subject to the following: (i) ordering does not guarantee that the Domain Name will be registered; (ii) if an ordered Domain Name is successfully registered, We will immediately charge the applicable fees, charges and Taxes to Your credit card or other applicable payment (iii) ordered ca Domain Names that are successfully registered will be initially registered to COOLCOM’s Registrant account for 30 days (a hold period required by CIRA), and then a Change of Registrant will be made to the successful Purchaser’s indicated information; (iv) the dates for release of Domain Names are determined by the relevant Domain Name Registry Authority, and may be changed without notice; and (v) if We receive order requests for the same Domain Name from two or more customers, an auction will take place according to COOLCOM’s posted auction procedures.
COOLCOM To BE Released (TBR) and Domain Auction Services
The COOLCOM TBR domain and auction service can acquire a previously registered domain name that subsequently becomes available for public registration. There is an initial non-refundable sign-up fee for placing a TBR or Auction order, which will be applied to the eventual purchase price if YOU are successful in securing the domain. If a domain name that is sought via the COOLCOM Domain Auction service becomes available for public registration by its deletion from the applicable registry operator, the COOLCOM Domain Auction service will make commercially reasonable efforts to acquire the domain name and register it through one of our registrar partners on your behalf.
We do not and cannot guarantee acquisition of any domain name, nor can we guarantee at which registrar the name will ultimately be registered upon its deletion by the applicable registry operator. To maximize your chances of getting the domain name you want, we may use a network of many registrars to attempt to acquire domain names. The domain name you order may therefore be registered through a registrar other than the registrar who referred you to us, or whose reseller referred you to us.
There is also no guarantee that one of our registrar partners, on its fully-automated website, will not facilitate the registration of the name you want by someone else who applies through the registrar's own website interface.
When COOLCOM registers a domain in response to your COOLCOM TBR or auction order, you acknowledge that the duration of the initial registration term may vary slightly depending on the method we use to fulfill your order. If the domain was registered to you after deletion from a domain registry, the registration term will be for 365 days from the date of acquisition. If the domain was registered to you via a registrar transfer, the registration term will be for 365 days from the date of expiration listed in the whois for that domain.
In order to assist you in identifying and determining the status of domain names you may wish to register or order, COOLCOM may offer on its site Whois look-up services, in addition to services that provide information on names that are about to or have already expired, are about to be deleted, or have just been made available to the public for registration. Information about the status of a domain name is offered on a commercially reasonable basis: to COOLCOM's knowledge, no entity is able to reliably offer complete and real-time information on the status of a domain name during the time just before or soon after its deletion by the registry. You should always attempt to obtain independent confirmation of a domain name's status by performing a Whois look-up, found on COOLCOM and other accredited registrar websites, including COOLCOM's partners, prior to placing an order.
All domain names registered through COOLCOM are pointed to a "Registration Announcement" Web page which informs visitors that the registrant has recently registered their domain name via COOLCOM and/or a registrar partner of COOLCOM. The "Registration Announcement" Web page may be modified at any time by COOLCOM without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by COOLCOM, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. Once a domain name is registered for you, if for any reason you do not wish to have your domain name pointed to a "Registration Announcement" Web page, you should change the nameserver settings for that domain by accessing the domain at the acquiring registrar by using the account login information provided by COOLCOM and/or the registrar at the time of the registration.
Bidding.
If two or more COOLCOM customers order a particular TBR or Auction domain, and COOLCOM is successful in registering the desired domain when it becomes available, COOLCOM will conduct an auction among those customers who backordered the domain, and the domain will subsequently be awarded to the winning bidder in such auction. If you are the winning bidder when the auction ends, you are obligated to pay the amount of your winning bid.
If two or more COOLCOM customers backorder a particular domain and in the course of the subsequent auction no bids are placed, COOLCOM will award the domain to the customer who was first to place a backorder on the domain. That customer will be charged our standard minimum fee, which may change from time to time, which shall be listed at www.domain.ca and/or www.coolcom.com.
Following the successful completion of an auction for a particular domain, COOLCOM will notify the winning bidder and attempt to collect payment. COOLCOM may in our sole discretion require the winning bidder to tender payment to COOLCOM in a manner of our choosing, including but not limited to credit card, check, or wire transfer. All fees collected by COOLCOM are non-refundable, in whole or in part. In the event of a charge reversal or chargeback by a credit card company or other payment provider, or if we determine in our sole discretion that we are unable or unlikely to collect payment, any associated domain registration will immediately terminate and/or the domain name registration will be transferred to COOLCOM as the paying entity for the registration. COOLCOM may, in our sole discretion, award the reclaimed domain name to the next highest bidder in the relevant auction and charge such bidder their highest bid amount, or make the domain name subject to a new auction among bidders determined by COOLCOM.
Certain COOLCOM customers may have a "Credit" in their COOLCOM Domain Auction account, due to funds previously paid COOLCOM by customer. These Credits have a one year term, and expire one year from the date of payment if unused. Upon expiration, a Credit is no longer redeemable and will be removed from customer's account. COOLCOM, in its sole discretion, may choose to extend the term of a Credit in certain circumstances. You agree that COOLCOM is under no obligation to extend any Credit beyond the original one-year term.
Automatic Renewals
General: Our Automatic Renewal Service, which provides for the submission of Domain Name registration renewals to the relevant Domain Name Registry Authority, will be provided only if You effectively subscribe for the Service for specified Domain Names. You may cancel the Automatic Renewal Service by providing instructions through our Websites or by contacting Our customer service.
Important Notice: The Automatic Renewal Service is provided as a convenience only, and does not guarantee that the Domain Name registration renewal request will be submitted to or accepted by the relevant Domain Name Registry Authority. It is Your obligation to ensure that Your Domain Names have been effectively renewed by the relevant Domain Name Registry Authority.
Terms and Conditions: All requests for Domain Name registration renewals are subject to compliance with the applicable Domain Name Registry Authority Agreement, and are subject to this Agreement and applicable Supplementary Agreements.
Process: If You have subscribed to the Automatic Renewal Service for a Domain Name, we will attempt to renew the Domain Name registration by submitting a registration renewal request to the applicable Domain Name Registry Authority approximately 30 days before the date on which the Domain Name registration is set to expire. We will request that the Registry Authority renew the domain name registration for the greater of: (1) the renewal period specified in Your Automatic Renewal Service request; or (2) the minimum Domain Name registration renewal period allowed by the Domain Name Registry Authority.
Other Services: If a Domain Name registration renewal request is successful, We will automatically renew, for the same period of time as the Domain Name registration renewal, all of the related Services specified in Your Automatic Renewal Service request that are then provided in connection with the renewed Domain Name.
Notification: After a Domain Name registration renewal request is processed by the Domain Name Registry Authority, We will attempt to send an email notice to the Account Holder reporting on the result of the request.
Fees: Applicable fees for renewals of Domain Name registrations and related Services at our then-current rates will be charged to the credit card on file with us for the Account. If a Domain Name registration and related Services are automatically renewed, You may cancel the renewed Domain Name registration and Services at any time, but the fees for the renewed Domain Name registration and related Services are non-refundable.
Consequences of Non-Payment: If the credit card information on file for the Account is not current or is not accepted by Our payment processing service provider, We may in Our discretion refuse to submit a request for the renewal of Domain Name registrations or refuse to renew any related Services, all without any notice to You, and as a consequence the Domain Name registration and related Services may expire. It is solely Your responsibility to keep current the credit card information on the Account.
Expiration/Cancellation/Transfer: If a Domain Name registration expires, is cancelled or terminated, or is transferred from Us to another registrar, the Services associated with that Domain Name may terminate immediately without any notice or liability to You or any other person. Without limiting the generality of the foregoing, if a Domain Name registration expires or is cancelled or terminated, We may in Our discretion disable the DNS service so that the Domain Name no longer resolves to a website or other Internet resource or direct the Domain Name to an IP address and website designated by Us.
Actions by Domain Name Registration Authority: You acknowledge and agree that Domain Names registered or renewed through the Account are subject to suspension, cancellation, transfer, or modification by the responsible Domain Name Registration Authority.
Services
General: We may in Our discretion from time to time offer various services (the "Other Services") in addition to Domain Name registration and renewal services. Other Services are subject to this Agreement and may be subject to Supplementary Agreements and payment of additional fees and charges. In this Agreement, references to "Services" include Other Services.
Technical Requirements: Certain Services might be incompatible with other Services. Services may be available only for Domain Names that are registered through the Account with COOLCOM as registrar of record, or that use Our DNS servers as the DNS hosts for the domain. Certain Services may take some time after payment or configuration (for example, 2 business days) before they are activated and available for use.
Term of Services: Unless otherwise expressly agreed to by Us, Services are provided for renewable fixed terms as specified on the Website, in the applicable Supplementary Agreement, or in the applicable order for the Services as accepted by Us. Certain Services may have a minimum term, which may depend upon the expiry date of the related Domain Name. Any renewal of Services is subject to payment of all applicable fees at our then-current rates and compliance with applicable requirements.
Parked Page Service
General: If a Domain Name registered through the Account is parked and resolves to a free webpage provided by Us (a "Parked Page"), We may in our discretion and without any notice or liability to You or any other person: (1) modify or terminate the Parked Page at any time for our sole convenience; and (2) include in the Parked Page advertisements (including links) for products and services offered by Us or third parties (including Internet search and directory tools).
Domain for Sale Page: If You use a "Domain for Sale" Parked Page, You are solely responsible and liable for ensuring that Your registration, use, advertisement, and sale of the Domain Name do not infringe the rights of any other person or violate any applicable laws. "Domain for Sale" Parked Pages may not be used in connection with the warehousing of Domain Names.
Domain Name Forwarding: If a Domain Name registered through the Account is forwarded to another Internet resource, You are solely responsible and liable to ensure that the forwarding is authorized by the owner of the Internet resource.
Domain Name Transactions
Misprints and Errors: Although We endeavour to provide accurate information on the Websites, misprints or other errors may occur and information may become out of date. We reserve the right to change information on the Websites (including descriptions of Services and the fees and charges for Services), at any time and from time to time without any prior notice or liability to You or any other person. If You order a Service for which the fees or charges were incorrectly displayed, We will provide You with a reasonable opportunity to cancel Your order.
Availability: Advertised Services may not be available when ordered or thereafter. We reserve the right to limit the amount of Services provided, or to refuse to provide Services to You or any other person, all without any prior notice or liability to You or any other person. We will give You notice if You order a Service that is not available.
Orders: Advertisements on the Websites are invitations for purchase orders, and are not offers. Your properly completed and delivered order form constitutes Your offer to purchase Services. Your order will be deemed to be accepted by Us when we give an order acceptance notice to you through the Websites or by email. A notice confirming receipt of an order is not an acceptance of the order. An accepted order for Services regarding a Transaction is not a guarantee that the requested Transaction will be completed as ordered or otherwise. Because We strive to fill Your orders as quickly as possible, You may not be able to cancel an order after We have charged the order payment to Your credit card.
Important Notice: The Domain Registration and Renewal Service is an automated multi-party process, and as such, does not guarantee that a Domain Name registration or renewal request will be submitted to or accepted by the relevant Domain Name Registry Authority. It is Your obligation at all times to ensure that Your Domain Names have been effectively registered or renewed by the relevant Domain Name Registry Authority.
Fees and Charges: You will pay all applicable fees and charges specified on Your order for Services as accepted by Us. Fees and charges are exclusive of any and all federal, state, provincial, municipal and other governmental taxes, duties, charges, fees, and assessments of any nature whatsoever now or hereafter imposed (collectively, "Taxes"), which will also be paid for by You. We reserve the right to change the fees and charges specified on the Websites at any time. All references in the Websites to currency are to the lawful money of Canada, unless expressly specified otherwise.
Payment: Unless otherwise expressly agreed to by Us, all fees, charges and Taxes are due and payable in full immediately upon Our acceptance of Your order and are non-refundable, even if the Service is cancelled or terminated before the end of the Service term. You may pay the fees and charges for Services using the applicable payment methods specified on the Websites. If You pay for an order using a credit card, We obtain payment from Your credit card issuer when the order is processed and the purchase payment will be charged to Your credit card. Except to the extent required by law, all amounts payable under this Agreement are payable in full without any deduction or withholding. .
Overdue Payments: Overdue payments of fees, charges and Taxes will be subject to a finance charge of one and one-half percent (1½%) for each month (18% per annum) or fraction thereof that the payment is overdue, or the highest rate permitted by applicable law, whichever is lower. You will reimburse Us for all costs incurred in collecting overdue payments, including all of Our legal fees, disbursements and expenses. .
Your Obligations
Representations: You represent and warrant to Us that now and at all times during the term of this Agreement: (i) You have the right, power, capacity and authority to enter into and perform Your obligations under this Agreement; (ii) You have all requisite consents, licenses, rights, authorizations and permissions from all interested persons, and the right and full power and authority under all applicable laws, to use the Services and to provide information and instructions to Us regarding Domain Name Transactions and the use of the Services; (iii) Domain Name Transactions, Domain Names registered through the Account and the use of those Domain Names will not directly or indirectly infringe the rights of any other person or violate any applicable laws.
Equipment and Services: You are solely responsible and liable for: (i) obtaining, provisioning, configuring, maintaining, paying for, and protecting from loss and damage (including without limitation from viruses, trojan horses, worms or other destructive or disruptive components) all computer equipment and services (including without limitation compatible computer software and Internet access) necessary to access and use the Websites and Services; (ii) scanning for and preventing the receipt and transmission of viruses and other destructive or disruptive components; and (iii) maintaining complete and current backup and archival copies of all data on Your computer system before accessing or using the Websites or Services.
Responsibility for Customer Group and Licensees: Each member of the Customer Group is jointly and severally responsible and liable for the acts and omissions of the other members of the Customer Group, their access to and use of the Websites and Services, and payments due under this Agreement and Supplementary Agreements. If You authorize another person (the "Licensee") to use a Domain Name registered through the Account, You remain fully responsible and liable for all of Your obligations under this Agreement, all uses of the Domain Name, and all acts or omissions of the Licensee.
Security: You are solely responsible and liable for setting-up, maintaining and regularly reviewing security arrangements concerning Your access to and use of the Websites and Services and information stored on Your computing and communications systems. You will not do anything that might compromise the security of the Websites or the systems or security of any other user of the Websites or Services.
Assistance: You will reasonably assist Us to provide Services to You.
Lawful/Acceptable Use: You will ensure that all uses of Websites and Services by each member of the Customer Group complies with this Agreement, the Acceptable Use Policy, and Supplementary Agreements, and does not infringe the rights of any other person. You will use reasonable efforts to immediately cease and prevent all prohibited use of the Websites and Services by or on behalf of any member of the Customer Group immediately upon becoming aware of such prohibited use.
Codes: Certain portions of the Websites and Services may be accessed and used only with the use of usernames or passwords (collectively "Codes") provided or approved by Us. All Codes remain Our property, and may be cancelled or suspended at any time by Us in Our discretion without any notice or liability to You or any other person. The use of Codes does not restrict Our access to Code-protected information, and may not prevent unauthorized access to information You may use in connection with the Websites and Services. If You have been issued Codes: (i) You are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes, including without limitation the use of the Codes to access the Account and to provide instructions to Us; (ii) You will keep the Codes secure and confidential at all times and not disclose the Codes to any unauthorized person; (iii) You will ensure that all uses of the Codes comply with this Agreement and applicable Supplementary Agreements; and (iv) You will immediately notify Us if You know or suspect that any Codes have been lost or stolen or become known to or used by any other person. We are not obligated to verify the actual identity or authority of any person using Codes to access and use the Websites or Services, and We may act upon any communication that is given with the use of Codes. We may in Our discretion at any time require proof of the identity of any person seeking to access and use the Websites or Services, and may deny access to and use of the Websites and Services or refuse to accept or act upon any communication if We are not satisfied with such proof. If We in Our discretion consider any Code to be insecure or to have been used inappropriately, then We may immediately suspend or cancel the Code without any notice or liability to You or any other person.
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). Neither we nor our contractors or third party beneficiaries shall be 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 jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data miss-delivery;
(3) loss or liability resulting from acts of God;
(4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
(6) loss or liability resulting from the interruption of your Service.
You agree that we will not be 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 shall our maximum liability exceed five hundred ($500.00) dollars.
Indemnity: You will defend, indemnify, and hold harmless Us and Our Representatives from and against all Claims and Proceedings directly or indirectly arising from, connected with or relating to: (i) any negligence, misconduct, or breach of this Agreement, any Supplementary Agreement, the Acceptable Use Policy, or any applicable Domain Name Registry Authority Agreement by You or any other member of the Customer Group or other any person for whom You are under this Agreement or in law responsible; (ii) the use of the Websites or Services by You or any other member of the Customer Group; (iii) any act or omission by Us in accordance with instructions or in reliance upon information provided by You or any other member of the Customer Group; (iv) any Claims or Proceedings among members of the Customer Group or between any member of the Customer Group and any other person; and (v) any Claims or Proceedings regarding Domain Name Transactions or the use of Domain Names. We and Our Representatives will have sole control over the defence of and settlement negotiations with third parties relating to all third party Claims and third party Proceedings. You will assist and co-operate as fully as reasonably required by Us in the defence of all third party Claims and third party Proceedings. In this Agreement: (i) "Claims" means claims, counterclaims, complaints, demands, causes of action, liabilities, losses, obligations, damages, penalties, legal fees, costs, expenses, and disbursements, including without limitation reasonable lawyers' fees and court costs, of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract or statute; (ii) "Proceedings" means actions, suits, proceedings, and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board or tribunal; and (iii) "Representatives" means past, present and future directors, officers, employees, agents, subcontractors, service providers, representatives, successors, permitted assigns, related persons and each of them.
Communications, Notices, Submissions
Communications: You authorize Us to: (i) accept communications that We receive from You by means of the Websites, email, and telephone as if those communications had been given directly by You in writing and signed by You; and (ii) respond to Your communications by means of Internet communications, email or other communications methods. Communications You send to Us are not delivered or effective unless and until they are processed by Our responsible representative.
Notices and Announcements: You consent to Our sending notices to You care of the Account Holder or the administrative contact for the relevant Domain Name, including by email, notifying You of information we consider is of potential interest to You. Notices and announcements may include: (i) important announcements or information relating to the Account, Domain Names and related information as may be necessary for Us to provide You with Services (which You cannot opt out of receiving); and (ii) notices describing new products and services or providing other information of potential interest (which You can opt out of receiving).
Unsolicited Submissions: We welcome your comments and suggestions regarding our products and Services.
