Terms & Conditions
Main Terms and Conditions
Schedule A: Terms and Conditions Relating to Domain Name Registration
Schedule B: Terms and Conditions Applicable to Email Services
Schedule C: Terms and Conditions Applicable to Web Hosting Services
Schedule D: Terms and Conditions Applicable to the High Security Service
Schedule E: Terms and Conditions Applicable to Privacy Services
Schedule F: Terms and Conditions Applicable to SSL Certificate Services
Additional Terms & Conditions
Main Terms and Conditions
1. INTRODUCTION. In this Service Agreement ("Agreement"),"Registrant" "you" and "your" refer to each user, customer ("Customer") and its agents, and "Registrar", "we", "us" and "our" refer to Domainsatcost.ca Corp. (or “Domainsatcost.ca”). This Agreement explains our obligations to you, and your obligations to us in relation to the service(s) that you purchase and use from us. By selecting Domainsatcost.ca service(s) you have agreed to establish an account with us for such service(s). When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Domainsatcost.ca service(s) or to modify or cancel your Domainsatcost.ca service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our service(s) and the performance of our service(s) will occur at our offices in the location of our principal place of business. You agree that each person listed in your account information as being associated with your account for any service(s) provided to you is your agent with full authority to act on your behalf for such services in accordance with the permissions granted, including but not limited to the authorization to terminate, transfer (where permitted by this Agreement), or to modify or purchase additional service(s). You also agree that if you list, directly or by default, Domainsatcost.ca as a contact for your account for any of the service(s), we have the right, without notice, to remove our name and/or information from any such service(s) and to replace the same with the name and/or information provided by you.
Principal place of business & Mailing Address:
26 Auriga Drive,
Ottawa, ON K2E 8B7
2. SECURITY. When you register a domain name or subscribe to our service(s) with us, we provide you with a password or passphrase that can be used to modify your information. It is your responsibility to safeguard your password or passphrase. You accept full responsibility for modifications made to your service(s) using this password or passphrase
3. VARIOUS SERVICES. The terms of this Agreement are applicable to any and all of the Domainsatcost.ca's service(s) you have chosen, including any additional services you may choose in the future which may be offered by Domainsatcost.ca from time to time. NOTICE REGARDING BUNDLED SERVICES: If you purchase Domainsatcost.ca services that are sold together as a “bundled” package (e.g., you select a web site package that includes both a domain name and hosting services, as opposed to your purchasing such services separately) ("Bundled Services"), termination of any part of the service will result in termination of all services provided as part of the bundled package.
4. FEES AND PAYMENT. As consideration for the services you have selected, you agree to pay Domainsatcost.ca the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable. Domainsatcost.ca may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Domainsatcost.ca to collect such fees. If you qualify, we may extend payment terms to you. You agree to recurring payments and a recurring billing schedule for your services. We reserve the right to change our prices and will post prices on our website.
5. TERM OF SERVICE. Unless otherwise specified, each Domainsatcost.ca service is for a one-year initial term and is automatically renewed thereafter for successive one-year terms. A domain registered by you will be billed annually, until you choose to cancel the domain. Domain renewals, recovery or other services with us are subject to our then current Terms and Conditions as well as payment of all applicable service fees at the time of the recurring charge. Domain name renewals and recovery are subject to the registry's acceptance of your domain name registration.
Should you select to pay upfront for a multiple year term, each year on the anniversary of the registration Domainsatcost.ca will pay on your behalf to the registry the required registry fees until the term you have purchased expires or Domainsatcost.ca is no longer your registrar. Should the registry raise its fees, Domainsatcost.ca will inform you and collect the difference for the term remaining.
In addition to other termination provisions contained in this Agreement, if you purchase Bundled Services, any termination relating to such bundle will terminate all Domainsatcost.ca services included in such bundle. For instance, any domain name registered with or maintained by Domainsatcost.ca under this Agreement will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, Domainsatcost.ca will no longer provide the bundled services to you, any leases granted to you shall immediately terminate, and you will cease using such services immediately; provided, however, that Domainsatcost.ca may, in its sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees for such services, allow you to convert certain services included in the bundled services to stand alone services.
6. ACCURATE INFORMATION. As further consideration for the Domainsatcost.ca service(s), you agree to:
6.1 provide certain current, complete and accurate information about you as required;
6.2 maintain and update this information as needed to keep it current, complete and accurate; and
6.3 respond within fifteen (15) calendar days to a request by us to update or confirm the accuracy of your information.
We rely on this information to carry out our services for you and comply with the requirements of the registries of domain names and our service providers and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.
8. THIRD PARTY INFORMATION. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal information you supply to us as part of our services with regard to:
8.1 the purposes for which such third party's personal information has been collected;
8.2 the intended recipients or categories of recipients of the third party's personal information;
8.3 which parts of the third party's information are obligatory and which parts, if any, are voluntary; and
8.4 how the third party can access and, if necessary, rectify the third party's personal information..
You further agree to provide such notice and obtain such consent with regard to any third party personal information you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
9. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:
9.1 revise the terms and conditions of this Agreement; and/or
9.2 change the services provided under this Agreement at any time.
Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on Domainsatcost.ca's Web site, or upon notification to you in accordance with Section 25 below. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time by providing us with notice in accordance with Section 25 below. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, and you will not incur any additional fees. By continuing to use Domainsatcost.ca's services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our Web site, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by:
9.1.a any agent, representative or employee of any third party that you may use to apply for our services; and
9.2.a information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Domainsatcost.ca is authorized to alter or amend the terms and conditions of this Agreement.
10. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the account number and the password or passphrase that was provided to you by Domainsatcost.ca. Please safeguard your account number and password or any security authentication option from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account number and password or passphrase.
11. AGENTS. You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the Dispute Policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.
12. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you, as our Customer, of information that we deem is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to domain names, Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email at firstname.lastname@example.org.
13. LIMITATION OF LIABILITY. To the extent permitted at law, Domainsatcost.ca and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns; as well as Domainsatcost.ca’s suppliers or service providers, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Domainsatcost.ca services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:
13.1 any failure or inability to register the domain name;
13.2 any third party claims arising from or based on your domain name or use of our services;
13.3 access delays or access interruptions;
13.4 data non-delivery or data mis-delivery;
13.5 acts of God;
13.6 the unauthorized use or misuse of your account number or password or passphrase;
13.7 errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;
13.8 the deletion of or failure to store email messages;
13.9 the development or interruption of your Web site;
13.10 our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee; or
13.11 the application of the ICANN UDRP or the Dispute Policy.
You agree that our entire liability, and your exclusive remedy, with respect to any Domainsatcost.ca service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).
14. INDEMNITY. You agree to release, indemnify, and hold Domainsatcost.ca and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns; as well as Domainsatcost.ca’s suppliers or service providers, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your domain name registration or use of your domain name or the Domainsatcost.ca services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the Domainsatcost.ca services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.
In addition, you agree to indemnify and hold harmless the applicable registry operator and its directors, officers, shareholders, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration.
15. BREACH. You agree that your failure to abide by any provision of this Agreement, any Domainsatcost.ca operating rule or policy, the ICANN UDRP or the Dispute Policy may be considered by us to be a material breach of this Agreement and that we may provide to you a written notice in accordance with Section 25 below, describing the breach, to you. If within ten (10) 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, transfer the domain name to Domainsatcost.ca and/or terminate the other Domainsatcost.ca service(s) you are using without further notice. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. 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.
16. REPRESENTATIONS AND WARRANTIES. You agree and warrant that:
16.1 the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other Domainsatcost.ca's service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner;
16.2 to the best of your knowledge and belief that neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party;
16.3 you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;
16.4 you have selected the necessary security option(s) for your domain name registration record; and
16.5 you are of legal age of 18 years or over to enter into this Agreement.
You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.
17. DISCLAIMER. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) 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 OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR 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 OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to:
19.1 refuse to register your chosen domain name or register you for other Domainsatcost.ca service(s); and
19.2 cancel your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we cancel your domain name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid, less any applicable administration fees.
You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your domain name, the deletion your domain name or our refusal to register you for other Domainsatcost.ca service(s).
20. 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.
21. ENTIRETY. You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the Dispute Policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the Dispute Policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.
22. NON-ASSIGNMENT. Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.
23. GOVERNING LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that Province. You agree that any action, suit or application will be brought and heard in Ottawa, Canada.
24. AGREEMENT TO BE BOUND. By applying for the service(s) of Domainsatcost.ca or an affiliate through our online application process or by applying for and registering a domain name using the service(s) provided by Domainsatcost.ca or its affiliates under this Agreement. You acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the ICANN UDRP, the Dispute Policy and any pertinent rules or policies that are or may be published by Domainsatcost.ca or ICANN. In addition, if you are registering other top level or country-code domain names (including, but not limited to .AU, .BIZ, .EU, .ORG, and/or other domain names) or any additional services, you have read and agree to the terms and conditions of those provisions.
25. NOTICES. All notices to be provided by either party to this Agreement to the other shall be in writing and shall be validly given if sent by email, personal or courier delivery or by ordinary mail as follows:
25.1 to Domainsatcost.ca, at email@example.com, Customer Support, Domainsatcost.ca, 300-12 York St., Ottawa, Ontario, K1N 5S6, CANADA and
25.2 to Customer, at the email and postal address provided by you as part of the application process for the domain name registration. Any notice sent by email shall be deemed to have been received upon receipt; by personal or courier delivery on the date of delivery, and by post on the 5th calendar day after mailing.
Confirmation of annual billing for domains will be received by email to the primary account contact. Around the time of cancellation due to user request, failed payment, or for any other reason a domain is cancelled, the owned customer will receive two notification emails (a month and a week prior to expiry date) to their primary email address. The customer will also receive another notification email after one week of the expiry date.
26. TIME CALCULATIONS. Domainsatcost.ca operates in accordance with Greenwich Mean Time (GMT). Any and all references to timing in this Agreement, and all schedules and appendices hereto, are to be interpreted in accordance with GMT.
27. INCORPORATION BY REFERENCE. EACH REGISTRY FOR DOMAIN NAMES AND CERTAIN OTHER SERVICE PROVIDERS WHO SUPPLY CERTAIN Domainsatcost.ca CORP. SERVICES OFFERED BY Domainsatcost.ca CORP. TO YOU, REQUIRE US TO INCORPORATE CERTAIN TERMS AND CONDITIONS INTO OUR AGREEMENT WITH YOU, AS SET FORTH BELOW.
ALL SUCH TERMS, AND ALL OF THE OTHER SCHEDULES ATTACHED TO THESE MAIN TERMS AND CONDITIONS, ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AND APPLY TO YOUR DOMAIN NAME(S) AND ANY APPLICABLE Domainsatcost.ca CORP. SERVICES PURCHASED BY YOU, AND YOU AGREE TO BE BOUND BY THEM.
28. TAXES. All domain name registrations, email, hosting or any other services offered by Domainsatcost.ca are subject to the Goods and Services Taxes unless you meet the following requirements:
28.1 You certify that you are neither a Canadian resident nor reside in Canada or its territories; and
28.2 You warrant that your billing address is located outside Canada.
29. SURVIVAL: In the event this Agreement terminates as provided herein, Sections 1, 3, 4, 11, 13, 14, 17, 20, 21, 22, 23, 24, 25 and 27 of this Agreement, and all releases, indemnities, waivers and disclaimers set forth in any Schedule annexed hereto, shall survive such expiration or termination.
30.1 A small recovery fee will be charged to recover domains in cancelled status (available for 30 days after a domain has been cancelled).
30.2 To recover domains in a "Redemption Grace Period" status, there is an additional recovery fee of $50.00 for each .CA domain, and $100.00 for any other domains in other TLDs.
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Schedule A: Terms and Conditions Relating to Domain Name Registration
1. NO GUARANTY: You agree that, the registration of your chosen domain name does not confer immunity from objection to either the registration or use of your domain name.
2 SECURITY: Domainsatcost.ca does not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal use.
3. TRANSFERS. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us (except for .au and .name domain names).
4. LICENSING OF DOMAIN NAME: You hereby acknowledge and agree that if you license use of your domain name to a third party you nonetheless remain the registrant of record and are 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 the domain name. If you are licensing use of a domain name you hereby accept liability for harm caused by wrongful use of the domain name, unless you disclose the identity of the licensee within seven (7) days to the party providing reasonable evidence of actionable harm.
5. PROVISION OF REGISTRATION DATA: As part of the registration process, you are required to provide us with certain information and to update this information and correct and update them within seven (7) days of any change during the term of the registration. This information includes: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; the names of the primary nameserver and secondary nameserver(s) of the registered name; The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the registered name; and the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the registered name.
Willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided within seven (7) days of any change, or its failure to respond for over fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with the registration shall constitute a material breach and be a basis for suspension and/or cancellation of the registration.
6. USE OF INFORMATION.
6.1 In accordance with our privacy statement, which can be found at http://www.Domainsatcost.ca/PrivacyStatement.aspx, and in order for us to comply with the current rules and policies of the domain name system, you hereby grant Domainsatcost.ca the right to to disclose to the public the following mandatory information that you are required to provide when registering or reserving a domain name:
6.1.1 the domain name(s) registered by you;
6.1.2 your name and postal address;
6.1.3 the name(s), postal address(es), email address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain name(s);
6.1.4 the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);
6.1.5 the corresponding names of those nameserver(s);
6.1.6 the original creation date of the registration; and
6.1.7 the domain’s expiry date
6.2 In addition, we are required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, you agree to be bound by ICANN's Uniform Domain-Name Dispute-Resolution Policy (the "ICANN UDRP" and others as applicable) that are incorporated herein and made a part of this Agreement by reference. The current version of the ICANN UDRP may be found at ICANN's Web site: http://www.icann.org/udrp/udrp.htm. Please take the time to familiarize yourself with that policy.
8. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in the Domainsatcost.ca dispute policy (the "Dispute Policy") in effect at the time of the dispute.
The Dispute Policy is currently as follows:
Notwithstanding anything in this Agreement to the contrary, you agree that in the event a domain name dispute arises with any third party, (i) you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your domicile and the Province of Ontario, Canada; and (ii) you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name registration or your use of our domain name registration services, you will not be permitted to make any changes to your domain name record without our prior approval. We will not allow you to make changes to such domain name record until:
8.1 we are directed to do so by the judicial or administrative body, or
8.2 we receive written notification by you and the other party contesting your registration or use of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if we and/or you are subject to litigation regarding your registration or use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial or administrative body by supplying a party with a registrar certificate from us.
9. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our Dispute Policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web Site to be aware of such revisions. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement by providing written notice to us in accordance with Section 25 under the Main Terms and Conditions. We will not refund any fees paid by you if you terminate your Agreement with us.
10. CANCELLED DOMAINS. You agree that we may, but are not obligated to, bill you annually for a domain that you have registered until you cancel the domain. You agree to cancel a domain when you no longer wish to have that domain registered. You agree that no refunds will be issued for domains cancelled prior to their annual billing date. A domain will be cancelled immediately following your cancellation request. Should you cancel your domain name, you agree that you have 30 days to recover your cancelled domain, after which time we will, in our sole discretion, delete the domain registration, renew the registration or transfer the domain name to a third party on your behalf (the "Transfer"). A domain name can be deleted in our sole discretion at any time if it violates our Terms or Use or after it is cancelled by the user. When possible we will offer a 30 day user recovery period. An additional 30 day Recovery Grace Period (RGP) may be available for some domains. In To recovery a domain in RGP period, you agree to contact customer service and to pay the RGP Recovery Fee in addition to the annual domain fee. In the event we are able to identify a third party ("Third Party") and Transfer a cancelled domain, we will notify you via email after the transaction is completed ("Transfer Notification"). You acknowledge and agree that the Transfer may be facilitated through a single Third Party, or through an auction involving one or more parties interested in your domain name. You agree that we shall have no obligation to pay you, and you shall have no right to receive, any percentage of the proceeds of the Transfer. We cannot guarantee, and we make no representation or promise, that any Transfer will occur with respect to your domain name.
11. NEW CUSTOMERS THROUGH AN AFTERMARKET SERVICE PROVIDER: If you are registering a domain name through an aftermarket service provider and that domain was registered with, and not yet deleted by, Domainsatcost.ca at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of a Transfer (as defined in section 9). If you are registering a domain name through an aftermarket service provider and the domain name was not registered with Domainsatcost.ca at the time of your purchase but was deleted by the applicable top-level domain registry at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the date it is initially registered with Domainsatcost.ca by the provider of the backorder service.
12. PARKED AND COMING SOON PAGES FOR ACTIVE DOMAINS: You acknowledge and agree that any and all domain names that are (i) registered with Domainsatcost.ca, (ii) hosted by a third party through Domainsatcost.ca as part of a Subscription Service, and (iii) do not otherwise resolve to an active website, may resolve to a "coming soon" or similar temporary web page ("Coming Soon Page"), and that Domainsatcost.ca may place on any such Coming Soon Page promotions, advertisements and other information for, and links to, Domainsatcost.ca's website, Domainsatcost.ca's product and service offerings, third party websites, third party product and service offerings and/or Internet search engines. You agree that Domainsatcost.ca may change the content and/or appearance of, or disable, any Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from such a Coming Soon Page enures to the benefit of Domainsatcost.ca. You may discontinue use of the Coming Soon Page for your registered domain at any time by logging into your account and making such changes.
13. PARKED AND RESTORATION PAGES FOR DELETED DOMAINS You agree that after you have cancelled a domain we may direct your domain name to an IP address designated by us, including, without limitation, an IP address which hosts a Restore domain landing page, or a temporary page ("Coming Soon Page") that may include promotions, advertisements and other information for, and links to, Domainsatcost.ca's website, Domainsatcost.ca's product and service offerings, third party websites, third party product and service offerings and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the cancelled domain. You agree that Domainsatcost.ca may change the content and/or appearance of, or disable, any Domain Restoration or Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from a temporary page belongs to Domainsatcost.ca or such third party as designated by Domainsatcost.ca.
14. REVOCATION: You agree that we may cancel or delete your domain name if the information that you provide to us or subsequently modify contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. You agree that we may terminate immediately and without notice our service(s), including our domain name registration services, in the event that you use such service(s) for any improper purpose, as determined in our sole discretion. Furthermore, you agree that we may suspend, delete, cancel or transfer your domain name in order to:
14.1 comply with any Specification or Policy, or any Domainsatcost.ca or registry operator procedure not inconsistent with any Specification or Policy; or
14.2 correct mistakes made by us or the registry in registering your chosen domain name; or
14.3 resolve a dispute under the ICANN UDRP or the Dispute Policy. We will not refund any fees paid by you prior to termination of our services.
15. SURVIVAL: In the event this Agreement or Schedule terminates, Sections 3, 4, 5, 6, 7, 8, 9, 10 and 14 of this Schedule shall survive such expiration or termination.
Schedule B: Terms and Conditions applicable to Domainsatcost.ca Corp. Email Services
The following terms and conditions of use and any amendments thereto (the "Email Terms") apply to your access to, and use of, the email and related services offered by Domainsatcost.ca (the "Email Service"). These Email Terms may be changed in the future without further notice, and your continued use of the Email Service following any such changes constitutes your acceptance of the new terms. These Email Terms do not alter in any way the non-conflicting terms or conditions of this Agreement or any other agreement you may have with Domainsatcost.ca for products, services or otherwise. To the extent any of the Email Terms are in conflict or inconsistent with any other term or condition of the Agreement, these Email Terms shall govern to the extent of the conflict or inconsistency.
In addition to the terms of the Domainsatcost.ca privacy statement, you agree that Domainsatcost.ca may access and disclose information about you or your use of the Email Service when Domainsatcost.ca deems necessary or appropriate to comply with the law or legal process, to protect Domainsatcost.ca's systems and customers, or to ensure the integrity and operation of Domainsatcost.ca's business and systems. Such disclosure may include, without limitation, user profile information (e.g., name, email address, etc.), IP address and traffic information, usage history, and posted content. Domainsatcost.ca's right to disclose any such information shall govern over any terms of Domainsatcost.ca's privacy statement.
2. Access Restriction & Password Security
Domainsatcost.ca reserves the right to deny in its sole discretion any user access to the Email Service or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Domainsatcost.ca, and for any use or misuse of your account or the Email Service resulting from any third party using a password or user name issued to you.
3. No "Spamming"
You shall not use the Email Service for chain letters, junk mail, "spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("spam" or "spamming") is strictly prohibited by Domainsatcost.ca. If any user uses the Email Service for spamming, Domainsatcost.ca reserves the right to immediately terminate that user's access to the Email Service and to seek appropriate legal recourse as necessary. If any user believes that others are using the Email Service for spam, please contact Domainsatcost.ca at firstname.lastname@example.org.
4. User Conduct
4.1 Domainsatcost.ca reserves the right, but does not assume the responsibility, to monitor or review user conduct on the Email Service. Use of the Email Service is subject to all applicable local, state, provincial, federal and international laws and regulations. You agree: (1) to comply with U.S. and Canadian law regarding the transmission of technical data exported from the United States or Canada through the Email Service; (2) not to use the Email Service for illegal purposes; and (3) not to interfere or disrupt networks connected to the Email Service.
4.2 In using the service, you agree not to:
4.2.1. Harvest or otherwise collect information about others, including without limitation names and email addresses, without their consent;
4.2.2. Transmit through the Email Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
4.2.3. Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Email Service;
4.3.3. Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, federal or international law or regulation;
4.3.4. Interfere with another User's use and enjoyment of the Email Service or another entity's use and enjoyment of similar services;
4.3.5. Advertise or offer to sell or buy any goods or services for any non-personal purpose;
4.3.6. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
4.3.7. Interfere with or disrupt networks connected to the Email Service or violate the regulations, policies or procedures of such networks;
4.3.8. Attempt to gain unauthorized access to the Email Service, other accounts, computer systems or networks connected to the Email Service, through password mining or any other means;
4.3.9. Use or attempt to use another's account, service or system without authorization from Domainsatcost.ca, or create or use a false identity on this Email Service; or
4.3.10. Engage in any other conduct which, in Domainsatcost.ca's sole discretion, is considered unauthorized or objectionable.
5. Proprietary Rights
5.1 You acknowledge and agree that any material, including but not limited to text, compilations, graphics, software, music, sound, photographs, video, or other material contained or distributed on or through the Email Service, by Domainsatcost.ca, its advertisers or other third parties ("Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use or distribute any Content received through the Email Service without the authorization of the content owner, except for your personal, non-exclusive use. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute Content available through the Email Service, including code and software, in violation of applicable copyright and other intellectual property laws.
5.2 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE Domainsatcost.ca SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
5.3 You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States and Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. or Canadian export restrictions.
Domainsatcost.ca and the Domainsatcost.ca logo are trademarks of Domainsatcost.ca, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Domainsatcost.ca. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Domainsatcost.ca or its contractors or suppliers, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Domainsatcost.ca. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Domainsatcost.ca, or postings on this Email Service, are non-confidential and shall become the sole property of Domainsatcost.ca. Domainsatcost.ca shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Domainsatcost.ca, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
8.1 You may not use, frame or utilize framing techniques to enclose any Domainsatcost.ca trademark, logo or other proprietary information, including the images found at this Email Service, the content of any text, or the layout/design of any page or form contained on a page, without Domainsatcost.ca's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any Domainsatcost.ca name, trademark, or product name without Domainsatcost.ca's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Domainsatcost.ca or any third party.
8.2 Domainsatcost.ca makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Email Service, or Web sites linking to this Email Service. The linked sites are not under the control of Domainsatcost.ca, and Domainsatcost.ca is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Domainsatcost.ca is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by or between Domainsatcost.ca and any third party.
9. Third Party Content & Email Services
9.1 Domainsatcost.ca may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Domainsatcost.ca does not monitor, and has no control over, any Third Party Content or third party Web sites. Domainsatcost.ca does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Domainsatcost.ca does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.
9.2 When leaving the Domainsatcost.ca site, you should be aware that Domainsatcost.ca's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and Third Party Content contained therein is at your sole risk.
10. Copyright Policy & Copyright Agent
10.1 Domainsatcost.ca may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Domainsatcost.ca may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
10.2 If you believe that Domainsatcost.ca or any user of our site has infringed your copyright in any material way, please notify Domainsatcost.ca, and provide the following information (the "Notice"):
10.2.1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
10.2.2. An identification of the copyrighted work claimed to have been infringed.
10.2.3. An identification of the material that you claim is infringing so that we may locate it on the Email Service.
10.2.4. Your address, telephone number, and email address.
10.2.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
10.2.6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
However, unless ordered by a court of a competent jurisdiction or an administrative body, Domainsatcost.ca does not have to take any action against an alleged infringement.
11. No Resale
You agree not to resell or make any commercial use of the Email Service without Domainsatcost.ca's express written consent.
Notwithstanding any of these terms and conditions of use, Domainsatcost.ca reserves the right, without notice and in its sole discretion, to terminate your use of this Email Service, to change or eliminate any of the services we provide, and to block or prevent future access to and use of this Email Service. If your account is terminated for violation of these Email Terms, you will not be entitled to any refunds. Should you object to these Email Terms or become dissatisfied with the Email Service in any way, your only recourse is to immediately discontinue your use of the Email Service and terminate your account.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.The terms of this section survive any termination of the Email Terms.
14. Modification & Amendments
Domainsatcost.ca reserves the right to amend at any time any policies governing this Email Service, including these Email Terms, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective upon posting. If you do not accept the amended terms, you should cease using this Email Service.
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Schedule C: Terms and Conditions Applicable to all Web Site and Hosting Services
For purposes of this Schedule, the following capitalized terms shall have the meanings ascribed to them below:
1.1. "Domainsatcost.ca Corp. Web Site" means any pre-designed, customizable Domainsatcost.ca Corp. Web site template licensed by Domainsatcost.ca Corp. to end users.
1.2. "Subscription Service" means any of the Domainsatcost.ca Corp. subscription service packages that are available for purchase by end users on a monthly basis, for a monthly fee, that combine the Domainsatcost.ca Corp. Web Site license, the Web Site Manager Service and the Web Hosting Service, all as described on the Domainsatcost.ca Corp. Web site located at the URL www.Domainsatcost.ca.
1.3. "Web Site Manager Service" means the Domainsatcost.ca Corp. on-line tool that allows customers to access their Domainsatcost.ca Corp. Web Site, add/modify content, upload images and make generic changes to their Domainsatcost.ca Corp. Web Site.
1.4. "Web Hosting Service" means the Web hosting services provided by a third party through Domainsatcost.ca Corp. as part of a Subscription Service.
In addition to the payment terms u Section 4 under the Main Terms and Conditions of the Agreement, the following provisions shall also apply solely with respect to the Subscription Service:
2.1. Domainsatcost.ca in its sole discretion, shall determine the prices it will charge for the Subscription Service, and the terms and conditions applicable to the same, and Domainsatcost.ca Corp. may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your Subscription Service as provided in Section 5 of this Schedule within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for the new monthly Subscription Service fee.
2.2 Billing for the Subscription Service will be by valid credit card (acceptable to Domainsatcost.ca Corp) at the time of purchase. If you elect to subscribe to a service that requires a monthly payment, your monthly payments for the same will be automatically charged to the credit card provided by you (and acceptable to Domainsatcost.ca Corp) at the time of your purchase (with such payments being charged in advance on a monthly basis), and you hereby agree that Domainsatcost.ca Corp. is authorized to so charge your credit card.
You agree to abide by the terms and conditions set forth herein and be bound by the applicable provisions of any applicable Domainsatcost.ca Corp. Acceptable Use Policy and other applicable Domainsatcost.ca policies and procedures, incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Schedule. You are responsible for ensuring that your web site conforms to all local, state, federal and international laws. You are also responsible for ensuring that you have obtained authorization to use any copyright images, audio files, text or other web site elements that are not provided by Domainsatcost.ca. You warrant that the web site being hosted by Domainsatcost.ca Corp. will not be used in connection with any illegal activity and that it will not conflict with the legal rights of a third party or a third party's trademarks or trade name.
4. Domainsatcost.ca's Rights.
4.1 Domainsatcost.ca explicitly reserves the right and sole discretion to
4.1.1 suspend any web site (including indefinite suspension) without notice for non-payment of fees due hereunder;
4.1.2 censor any web site hosted that, in Domainsatcost.ca Corp's sole discretion, is deemed inappropriate;
4.1.3 review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;
4.1.4 modify its pricing through email notification;
4.1.5 terminate your Subscription Service for unsolicited, commercial emailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Domainsatcost.ca Corp. determines to be harmful to its other customers, operations, or reputation;
4.1.6 terminate Your Subscription Service if the contents of your web site result in, or are the subject of, legal action or threatened legal action, against Domainsatcost.ca Corp. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
4.2 You agree you will not be entitled to a refund of any fees paid to Domainsatcost.ca if, for any reason, Domainsatcost.ca takes corrective action with respect to your improper or illegal use of the Subscription Service.
You may cancel your Subscription Service at any time. To cancel your Subscription Service you must submit your written notice of cancellation to Domainsatcost.ca (as provided herein) and include the following information: (i) Your Domainsatcost.ca customer identification number and username; (ii) your Domainsatcost.ca Web Site Web address; and (iii) your reason for requesting cancellation. Unless terminated earlier as provided herein, your Subscription Service will be canceled as of the expiration of the monthly billing cycle in which your notice was received. In the absence of such written notice of cancellation, Domainsatcost.ca will automatically renew the Subscription Service indefinitely and will charge the credit card you have on file with Domainsatcost.ca , at Domainsatcost.ca then current rates.
6. Term and Termination.
6.1 Term: Your Subscription Service shall be on a month-to-month basis for successive monthly periods, unless either party notifies the other of termination in accordance with this Agreement.
6.2 Notice of Service Cancellation by You. Any termination of your Subscription Service must be in accordance with our cancellation policy. Unless terminated earlier as provided herein, this Schedule, and the Agreement (if you have no other services with Domainsatcost.ca Corp) will be terminated as of the expiration of the monthly billing cycle in which your cancellation notice was received and processed by Domainsatcost.ca
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Schedule D: Terms and Conditions Applicable to the High Security Service
1. Domainsatcost.ca has introduced a "High Security" service to address issues of domain name security. The High Security service is provided to you as a courtesy and helps to prevent domains you have registered from being unintentionally transferred, deleted, or expired. Unless you inform Domainsatcost.ca that you do not want this service, you will be automatically enrolled for Domainsatcost.ca's High Security service. The High Security service includes "Registrar Lock" and "Auto-renewal", described below. Domainsatcost.ca may introduce additional security features in the future.
2. Registrar Lock
When High Security is enabled for a domain name, you are preventing registrars, other than Domainsatcost.ca, to transfer or modify your domain name. If you choose to transfer a domain to another registrar, you must log into your account and remove the lock prior to our receipt of the transfer request from the gaining registrar. This service is being provided as a convenience to you but in no way guarantees that a domain name will not be maliciously transferred to another registrar or registrant, due to technical and policy weaknesses in the worldwide domain name system or by Domainsatcost.ca's error. Domainsatcost.ca will, however, use commercially reasonable efforts in stopping any such transfer without your express consent. Please note that not all registries support the concept of a Registrar Lock in which case, High Security will not include a Registrar Lock.
3.1 When High Security is enabled for a domain, Domainsatcost.ca will attempt to renew the registration of a domain approximately 75 days prior to its expiry date. The renewal is for a one-year term and extends the existing registration period. For example, if the expiry date for your domain name is September 1, 2003, the new expiry date will be September 1, 2004. When High Security is enabled, you have authorized and consented to Domainsatcost.ca to automatically charge your credit card the then-current retail price for such one-year renewal. The automatic renewal service is provided as a convenience for you but in no way guarantees a desired renewal. It is your obligation to affirmatively renew any desired domain. In addition, Domainsatcost.ca has no obligation to attempt to renew your domain if your most recent credit card on file with us for your account is not accepted according to Domainsatcost.ca's payment processing systems. After your domains have been successfully renewed, you will receive a confirmation email. Note: The Auto-renewal process requires a valid credit card to be kept on file in your account. You will be notified if the Auto-renewal transaction is declined for any reason.
3.2 If you do not choose to have the High Security service as part of your Subscription Service, you must contact Customer Support by logging into your Domainsatcost.ca account at http://www.Domainsatcost.ca and disabling the High Security feature on those domains you choose not to protect. Your failure to expressly opt out of the High Security service constitutes your authorization and consent for Domainsatcost.ca to enable Registrar-Lock and Auto-renewal, and attempt to automatically charge your credit card the then-current retail price for such renewal.
3.3 You are solely responsible for the credit card and billing contact information you provide to Domainsatcost.ca and you acknowledge and agree that you will promptly inform Domainsatcost.ca of any changes thereto (e.g., change of expiration date or account number).
3.4 You are solely responsible for ensuring the security of your domains. Domainsatcost.ca CORP. WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE HIGH SECURITY FEATURES, INCLUDING ATTEMPTED OR SUCCESSFUL TRANSFERS OF DOMAINS EVEN THOUGH THE HIGH SECURITY SERVICE IN ENABLED, OR RENEWAL OR ANY ATTEMPT TO RENEW DOMAINS AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN TRANSFERS, RENEWING OR ATTEMPTING TO RENEW THE DOMAINS. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
3.5 You understand and agree that the release, indemnity and other obligations in favour of Domainsatcost.ca and certain other persons in Section 14 of the Main Terms and Conditions apply to your use of the High Security feature.
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Schedule E: TERMS AND CONDITIONS APPLICABLE TO Domainsatcost.ca PRIVACY SERVICE
1. Domainsatcost.ca has introduced a "Privacy" service to address issues of domain name privacy through the services of Privacy Hero Inc. By using the Services and/or website of Privacy Hero Inc., a Barbados limited company ("Privacy Hero"), You agree to all the terms and conditions set forth both herein and in the Privacy Hero Terms and Conditions, which is incorporated by reference and can be found by clicking here. You acknowledge that Privacy Hero may amend this Agreement at any time upon posting the amended terms on its website, and that any new, different or additional features changing the services provided by Privacy Hero will automatically be subject to this Agreement. If You do not agree to be bound by, or if You object to, the terms and conditions of this Agreement and any amendments hereto, do not use or access Privacy Hero’s services. Continued use of Privacy Hero's services and its website after any such changes to this Agreement have been posted, constitutes Your acceptance of those changes.
When the Privacy service is enabled, a WHOIS query will show the following information (please note that even with the Privacy service enabled, your registrant name, administrative contact, technical contact and if applicable, billing contact will still be visible):
||<Registrant Company Name>
||<Registrant Name> (c/o Privacy Hero Inc.)
||Port St. Charles
St. Peter, BB26013
||<Admin Contact Company Name>
||<Admin Contact Name> (c/o Privacy Hero Inc.)
||Port St. Charles
St. Peter, BB26013
||<Tech Contact Company Name>
||<Tech Contact Name> (c/o Privacy Hero Inc.)
||Port St. Charles|
St. Peter, BB26013
|Billing Contact (Only shown in certain TLDs)
||< Billing Contact Company Name>
||<Billing Contact Name> (c/o Privacy Hero Inc.)
||Port St. Charles|
St. Peter, BB26013
2. Good Faith. By enabling the Privacy service, you agree to use the domain name and associated websites in good faith. Without limiting the generality of the foregoing, you will not use the Privacy services for purposes of engaging in, participating in, sponsoring or hiding your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (a) appeal primarily to prurient interests; (b) defame, embarrass, harm, abuse, threaten, or harass; (c) violate state or federal laws of Canada and/or foreign territories; (d) involve hate crimes, terrorism or child pornography; (e) are tortious, vulgar, obscene, invasive of a third party's privacy, race, ethnicity, or are otherwise objectionable; (f) impersonate the identity of a third party; (g) harm minors in any way; or (h) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information. Any alleged misconduct in connection with your use of the domain name and/or the associated website in contravention of this Section 2 will be cause for termination of the Privacy service in accordance with Section 4 below.
3. Term of Service. Unless otherwise specified, and subject to earlier termination as contemplated by Section 2 and Section 4, the Privacy service will initially be activated for a one-year term. At the end of such one-year term, and at the end of each subsequent one-year term thereafter, the Privacy service will automatically renew for consecutive one-year terms at then current rates, unless you request cancellation of the Privacy service by notifying Domainsatcost.ca at least thirty (30) days before the end of the then-current term. You acknowledge and agree that in connection with any automatic renewal Domainsatcost.ca will attempt to charge the credit card you have on file at the then current rates, and you waive any requirement to obtain your ongoing affirmative consent to any such automatic renewal. It is your responsibility to keep your credit card information current and accurate, including the expiration date. If Domainsatcost.ca is unable to collect renewal or other fees, you agree that Domainsatcost.ca may contact you, but is not obliged to do so, and you agree that Domainsatcost.ca may suspend or terminate the Privacy service as a result of inability to obtain payment. FEES WILL NOT BE PRO RATED OR OTHERWISE REFUNDED IF THE PRIVACY SERVICE IS CANCELLED OR OTHERWISE TERMINATED BEFORE THE END OF THE THEN-CURRENT TERM. Without limiting the generality of the foregoing, you understand that the Privacy services term may be different than the registration term of a domain which is associated with the Privacy services. If a domain expires and is deleted before the end of the term of the associated Privacy services, then the Privacy services associated with the domain will end when the domain is deleted and you understand that there will be no refund for any resulting unused portion of a Privacy services term.
4. Disclosure and Termination. You agree that in the event:
(a) Domainsatcost.ca or its parent, subsidiary or affiliated companies, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors or assigns is threatened, receives a complaint, notice of action or any demand from a third party with respect to a domain name and/or associated websites for which the Privacy service is activated, or
(b) there is alleged infringement, abuse or misuse of, or activity of any nature that could result in loss or legal liability (civil or criminal) to Domainsatcost.ca or its parent, subsidiary or affiliated companies, or their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors or assigns with respect to a domain name and/or associated websites for which the Privacy service is activated, or
(c) you are not, in Domainsatcost.ca's opinion, using the Privacy service in good faith as required by Section 2,
you have provided us with your prior consent to disable the Privacy service and to disclose your technical and administrative contact information to any complainant or third party requesting such information and to make such information publicly available for a WHOIS query. You agree that no further prior authorization or approval from you or your agent is necessary for such disclosure. You understand and agree that Domainsatcost.ca is under no obligation to provide the Privacy service to you, and that Domainsatcost.ca may, in its sole discretion, for any reason or no reason, disable the Privacy service without notice or warning, either with respect to a specific domain name(s) or with respect to all domain names in your account (even if “customer” level Privacy service has been selected). YOU WILL NOT BE ENTITLED TO ANY FEE REFUND AS A RESULT OF DISCLOSURE OF YOUR ADMINISTRATIVE OR TECHNICAL CONTACT INFORMATION AND/OR TERMINATION OF THE PRIVACY SERVICE AS CONTEMPLATED BY SECTION 3 OR 4 HEREOF.
Without limiting the generality of the foregoing, Domainsatcost.ca shall be entitled to suspend access or service to your account in order to disable the Privacy service.
5. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, Domainsatcost.ca, ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AFFILIATES, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE PRIVACY SERVICE, OR THE DISCLOSURE OF YOUR ADMINISTRATIVE OR TECHNICAL CONTACT INFORMATION AND/OR TERMINATION OF THE PRIVACY SERVICE AS CONTEMPLATED BY SECTION 3 OR 4 HEREOF. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
6. Indemnity, etc. You understand and agree that the release, indemnity and other obligations in favour of Domainsatcost.ca and certain other persons in Section 14 of the Main Terms and Conditions apply to your use of the Privacy service.
7. Accurate Information. As a condition of your use of the Privacy service, you agree to: (a) provide current, complete and accurate information about you as required by the domain name application and registration process; (b) maintain and update such information as needed to keep it current, complete and accurate; and (b) respond within five (5) calendar days to a request by us to update or confirm the accuracy of your information. We rely on this information to carry out our service for you and comply with the requirements of registries of domain names and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.
8. Forwarded Information. You agree that Domainsatcost.ca may review communications sent to the email address associated with your Privacy service enabled domain. For communications received via certified or traceable courier mail (such as UPS or FedEx), or postal mail which does not appear to be unsolicited commercial mail, Domainsatcost.ca will make commercially reasonable efforts to either (a) forward such communication to you or (b) attempt to communicate to you a scanned copy of a page of the communication to ascertain whether you wish to receive the full communication. You specifically acknowledge that Domainsatcost.ca may elect to not forward to you (nor to otherwise communicate with you) regarding postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications (e.g., communications which offer or advertize the sale of goods or services or which solicit charitable contributions). You authorize Domainsatcost.ca to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded to you by Domainsatcost.ca, including failures which arise from Domainsatcost.ca's mistake in judging whether a communication appears to be an unsolicited communication. You agree that you will reimburse Domainsatcost.ca for any reasonable fees for administrative tasks outside the scope of regular services incurred as a result of your use of the Privacy service. These may include, but are not limited to, Customer Support issues that require personal service and disputes that require legal services.
9. In the event this Agreement or Schedule expires or terminates, Sections 4, 5, 6 and 8 of this Schedule shall survive such expiration or termination.
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Schedule F: Terms and Conditions Applicable to SSL Certificate Services
The Secure Sockets Layer (SSL) services offered under these SSL Terms is an "additional service" as provided under Section 3 of this Agreement, "VARIOUS SERVICES".
SSL enterprise and certificate services provided by Domainsatcost.ca to you include assisting you in acquiring a new SSL certificate(s) and its associated products and services (the "SSL Service").
The following additional terms apply to the SSL Service:
a) You acknowledge and agree Domainsatcost.ca cannot guarantee the issuance of an SSL certificate following your submission of an application thereof. Issuance of an SSL certificate is subject to verification and approval of the information you submitted. This verification may, in some instances, take several business days.
b) Domainsatcost.ca is an authorized reseller for GlobalSign. You hereby authorize Domainsatcost.ca to remit your submitted SSL certificate application, including all the information included therein, and acquire an SSL certificate from GlobalSign on your behalf. You agree to GlobalSign's terms and conditions incorporated herein by reference, as found at https://www.globalsign.com/repository/globalsign-subscriber-agreement-digital-certificates-and-services.pdf. You understand and agree that you are entering into and agreeing to a separate contractual relationship between you and GlobalSign in addition to these SSL Terms and this Agreement. You understand and agree that the underwritten Liability Program is provided as a service by GlobalSign. In order to provide an enhanced customer experience and as a convenience to you, Domainsatcost.ca will pay the SSL certificate/renewal fees on your behalf as part of the SSL Service provided that (i) these SSL Terms have not been cancelled or otherwise terminated, (ii) you have paid any amounts due under these SSL Terms, (iii) you are not in breach of the Agreement or these SSL Terms, and (iv) that GlobalSign agrees to and accepts your SSL certificate application/renewal fees. Notwithstanding the immediately forgoing sentence, you expressly acknowledge and agree that you shall be responsible for all fees, liability and obligations with your relationship with GlobalSign.
c) You authorize Domainsatcost.ca to list itself as a contact in connection with the SSL certificate and to take any actions Domainsatcost.ca deems necessary or appropriate in connection therewith. Upon termination of SSL Services, Domainsatcost.ca may immediately cease acting in such capacity and reserves the right to transfer your account to GlobalSign to serve for all future communications in connection with your SSL certificate. You further authorize Domainsatcost.ca to list you as the subscriber and certificate administrator in connection with SSL certificate. You may also specify another subscriber and certificate administrator; however, such person(s) may be required to enter into a separate agreement with GlobalSign for use of SSL certificate services and/or access for services in support of your SSL certificate. Upon termination of SSL Services, Domainsatcost.ca will not be responsible for forwarding any notices (email or otherwise) to you or for taking any other actions in connection with your SSL certificate. You will be solely responsible for any ongoing fees, as well as taking all necessary or advisable actions in connection with your SSL certificate.
1. Automatic Renewals
If you purchased a new SSL certificate using the Domainsatcost.ca SSL Service, Domainsatcost.ca will automatically renew and bill you for the SSL certificate registration in accordance with Section 2 (Fees) below and this Agreement. Automatic renewal will not occur if the option is disabled through the administrative module for your account with Domainsatcost.ca. Each new SSL certificate acquired by Domainsatcost.ca from GlobalSign will be renewed prior to each annual anniversary. Failure to electronically approve the renewal or remit Fees in accordance with Section 2 and the Fees Policy, may risk the non-renewal of your SSL certificate. Your SSL certificate will be renewed with GlobalSign only after the annual or multi-year fee is successfully charged to your credit card or payment transmitter in a timely manner.
SSL Certificate Registration Fees will be charged yearly and in advance (with multi-year certificate subscriptions renewed prior to the expiration of the last year and for a period of equal length) in accordance with this Agreement.
3. Verification of Information
a) You are solely responsible for maintaining that all information relating to the use of your SSL certificate is up-to-date with GlobalSign. Further, in accordance with the terms and conditions of your agreement with GlobalSign and in order to maintain a safe ecommerce presence, Domainsatcost.ca may from time to time request that you verify any information to be supplied to GlobalSign. In the event that you fail to respond to any such request or fail to verify any such information within 30 days of the request, GlobalSign and/or Domainsatcost.ca may, in its/our sole and absolute discretion, immediately terminate your SSL Services. This remedy is in addition to any other remedies available under law or this Agreement.
b) You shall protect the confidentiality of any encryption keys used by you in connection with your SSL certificate. Further, you shall promptly request that GlobalSign revoke any SSL certificate upon any actual or suspected loss, disclosure, or other compromise of your encryption keys or breach of the SSL certificate.
4. Terms and Termination
a) Your SSL certificate may only be transferred, if allowed, under the terms and conditions of your agreement with GlobalSign.
b) Domainsatcost.ca may, but has no duty to, immediately suspend or terminate your use of the SSL Service and remove any of your materials (including without limitation your SSL certificate) from Domainsatcost.ca servers in the event Domainsatcost.ca, in its sole discretion, concludes that (i) there is any change to the information on the SSL certificate or the certificate application, including but not limited to the change of the organization name or domain name registration, (ii) there is any actual, Domainsatcost.ca reasonably suspects, loss, disclosure, or other compromise of an encryption key for the SSL certificate, (iii) you have engaged in illegal activities, in activities or sales that may damage the rights of Domainsatcost.ca or others, or (iv) you have violated or threatened to violate these SSL Terms, the terms of this Agreement or any other agreement you may have with Domainsatcost.ca. Any suspension or termination under this paragraph may take effect immediately. In the event that Domainsatcost.ca terminates your SSL Service in connection with this paragraph, you will not be entitled to a refund or credit of any fees you have paid. Without limitation, you expressly acknowledge and agree that in addition to this Section (4), the terms and conditions of this Agreement also apply to your use of the SSL Services.