Hostmaster.ca Terms and Conditions

1) Customer Registration Agreement and Domain Dispute Policy

.ca terms and conditions

1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Hostmaster.ca Inc. ("Hostmaster.ca"). This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services, including domain name registration. By selecting Hostmaster.ca service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Hostmaster.ca service(s) or to modify or cancel your Hostmaster.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 services and the performance of our services will occur at our offices in Ottawa, Ontario, Canada, the location of our principal place of business.

2. SECURITY. When you register a domain name with us, we provide you with a password that can be used to modify your domain information. It is your responsibility to safeguard your password. You accept full responsibility for modifications made to your domain using this password.

3. VARIOUS SERVICES. Except for Section 34 the terms of this Agreement are applicable to any and all of the Hostmaster.ca services you have chosen, including domain name registration, and to any additional services you may choose in the future which may be offered by Hostmaster.ca from time to time.

4. FEES AND PAYMENT. As consideration for the services you have selected, you agree to pay Hostmaster.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. You should be aware that the continued ownership of the domains in your account requires the ongoing payment of fees for services you have selected.
If we are unable to collect fees by the due date, Hostmaster.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 Hostmaster.ca to collect such fees. These remedies include without limitation any or all of
the following (i) the suspension or termination of your account or any services you have selected (ii) the transfer of ownership of the domains in your account toHostmaster.ca, (iii) the update, modification or removal of dns server information associated with any or all domains in your account to anything Hostmaster.ca deems reasonable or appropriate. If you qualify, we may extend payment terms to you.

5. TERM OF SERVICE. Unless otherwise specified, each Hostmaster.ca service, including domain name registration, is for a one-year initial term and renewable thereafter for successive one-year terms. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal and, in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration. Should you select to purchase more than a one year term, each year on the anniversary of the registration Hostmaster.ca will pay on your behalf to the registry the required registry fees until the term you have purchased expires or Hostmaster.ca is no longer your registrar. Should the registry raise its fees, Hostmaster.ca will inform you and collect the difference for the term remaining.

6. TRANSFERS. You agree that a domain name transfer fee will immediately become due and payable upon your application to transfer the domain. This fee must be paid prior to transferring the domain to another registrar.

7. ACCURATE INFORMATION. As further consideration for the Hostmaster.ca service(s), you agree to:

(1) provide certain current, complete and accurate information about you as required by the domain name application process;

(2) maintain and update this information as needed to keep it current, complete and accurate; and

(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 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. PRIVACY STATEMENT. Our privacy statement, located on our Web site at http://www.Hostmaster.ca/privacy-statement.shtml and incorporated herein by reference, sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement 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 any such revisions. You agree that, by using our services after modifications to the privacy statement 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 us with notice in accordance with this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction.

9. THIRD PARTY INFORMATION. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to:

(1) the purposes for which such third party's personal data has been collected;

(2) the intended recipients or categories of recipients of the third party's personal data;

(3) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and

(4) how the third party can access and, if necessary, rectify the third party's personal data.

You further agree to provide such notice and obtain such consent with regard to any third party personal data 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.

10. LICENSING OF DOMAIN NAME. If you license the use of the domain name or our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this Agreement.

11. USE OF INFORMATION. Subject to the requirements of our privacy statement, in order for us to comply with the current rules and policies for the domain name system, you hereby grant to Hostmaster.ca the right to disclose to the public the following mandatory information that you are required to provide when registering or reserving a domain name:

(1) the domain name(s) registered by you;

(2) your name and postal address;

(3) the name(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain name(s);

(4) (the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);

(5) the corresponding names of those nameserver(s);

(6) the original creation date of the registration; and

(7) the expiration date of the registration.

We, as are all accredited domain name registrars, are also 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 e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.

12. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:

(1) revise the terms and conditions of this Agreement; and/or

(2) change the services provided under this Agreement at any time.

Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on Hostmaster.ca's Web site, or upon notification to you in accordance with this Agreement. 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 this Agreement. 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, but you will not incur any additional fees. By continuing to use Hostmaster.ca's services 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 nor should you rely on any representation concerning this Agreement or our services made by:

(3) any agent, representative or employee of any third party that you may use to apply for our services; or

(4) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Hostmaster.ca is authorized to alter or amend the terms and conditions of this Agreement.

13. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Number and the Password that was provided to you by Hostmaster.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 or Password.

14. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, you agree to be bound by CIRA's Domain-Name Dispute-Resolution Policy and Rules that are incorporated herein and made a part of this Agreement by reference. The current version of the dispute policy and rules may be found at CIRA's Web site: http://www.cira.ca . Please take the time to familiarize yourself with that policy.

15. 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 our dispute policy (the "Dispute Policy") in effect at the time of the dispute. The Dispute Policy is currently as follows. You agree that in the event a domain name dispute arises with any third party, 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:

(1) we are directed to do so by the judicial or administrative body, or

(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.

16. 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 this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

17. 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 CIRA Domain Name Dispute Resolution Policy and Rules 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.

18. 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 e-mails 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 service@Hostmaster.ca.

19. LIMITATION OF LIABILITY. To the extent permitted at law, Hostmaster.ca and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Hostmaster.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:

(1) any failure or inability to register the domain name;

(2) any third party claims arising from or based on your domain name or use of our services;

(3) access delays or access interruptions;

(4) data non-delivery or data mis-delivery;

(5) acts of God;

(6) the unauthorized use or misuse of your Account Number or Password;

(7) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;

(8) the deletion of or failure to store e-mail messages;

(9) the development or interruption of your Web site;

(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

(11) the application of the CIRA Domain Name Dispute Resolution Policy and Rules or the Dispute Policy.

You agree that our entire liability, and your exclusive remedy, with respect to any Hostmaster.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).

20. INDEMNITY. You agree to release, indemnify, and hold Hostmaster.ca, our contractors, agents, employees, officers, directors, shareholders, affiliates 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 Hostmaster.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 addition, 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 Hostmaster.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.

21. BREACH. You agree that your failure to abide by any provision of this Agreement, any Hostmaster.ca operating rule or policy, the CIRA Domain Name Dispute Resolution Policy and Rules 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 this Agreement, 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 Hostmaster.ca and/or terminate the other Hostmaster.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.

22. 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.

23. REPRESENTATIONS AND WARRANTIES. You agree and warrant that:

(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 Hostmaster.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;

(2) to the best of your knowledge and belief 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 a third party;

(3) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;

(4) you have selected the necessary security option(s) for your domain name registration record; and

(5) you are of legal age 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.

24. 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.

25. REVOCATION. You agree that we may 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, cancel or transfer your domain name in order to:

(1) correct mistakes made by us or the registry in registering your chosen domain name, or

(2) to resolve a dispute under the CIRA Domain Name Dispute Resolution Policy and Rules or the Dispute Policy. We will not refund any fees paid by you prior to termination of our services.

26. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to:

(1) refuse to register your chosen domain name or register you for other Hostmaster.ca service(s); and

(2) delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we delete your domain name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid, minus 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 Hostmaster.ca service(s).

27. POWER OF ATTORNEY. You are hereby constitute and appoint Hostmaster.ca as your true and lawful attorney to take any and all action(s) necessary or desirable to obtain, maintain, renew or cancel the registration of your chosen domain name, including, without limitation, any action required to add to, delete, update or correct any or all information regarding the domain name or to comply with or respond to any requests of the registrar received by Hostmaster.ca relating to the domain name. This power of attorney is granted to Hostmaster.ca, and being coupled with an interest, shall not be revocable by you for any reason prior to the termination of this agreement.

28. 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.

29. ENTIRETY. You agree that this Agreement, the rules and policies published by us, the CIRA dispute resolution policy and rules, 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 CIRA Domain Name Dispute Resolution Policy and Rules, the Dispute Policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.

30. 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.

31. 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.

32. AGREEMENT TO BE BOUND. By applying for the service(s) of a Hostmaster.ca or an affiliate through our online application process or by applying for and registering a domain name using the service(s) provided by Hostmaster.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 CIRA Domain Name Dispute Resolution Policy and Rules, the Dispute Policy and any pertinent rules or policies that are or may be published by Hostmaster.ca or CIRA.

33. 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:

(1) to Hostmaster.ca, at Customer Service Department, 26 Auriga Drive, Ottawa, Ontario, Canada K2E 8B7; and

(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.

34. Each registry for domain names requires us to incorporate certain terms and conditions into our Agreement with you set forth below. All such terms are incorporated by reference into this Agreement, as applicable, to your domain name(s) and you agree to be bound by them.

CIRA CLAUSES.

The Following clauses are required by CIRA (Canadian Internet Registration Authority) to be in the Agreement. For the purposes of the following clauses, you are referred to as the “Registrant” and Hostmaster.ca as the “Registrar”. You agree to all of the following clauses:

(1) CIRA may, at its option, extend any period for the registration of a Domain Name at no charge to the Registrar or the Registrant for such further period of time as CIRA may determine, in its sole discretion;

(2) The Registrant agrees that CIRA shall not be liable to the Registrant for any loss, damage or expense arising out of CIRA's failure or refusal to register a Domain Name, CIRA's failure or refusal to renew a Domain Name Registration, CIRA's registration of a Domain Name, CIRA's failure or refusal to renew a Domain Name Registration, CIRA's renewal of a Domain Name Registration, CIRA's failure or refusal to transfer a Domain Name Registration, CIRA's transfer of a Domain Name Registration, CIRA's failure or refusal to maintain or modify a Domain Name Registration, CIRA's maintenance of a Domain Name Registration, CIRA's modification of a Domain Name Registration, CIRA's failure to cancel a Domain Name Registration or CIRA's cancellation of a Domain Name Registration from the Registry;

(3) In no event shall the Registrant pursue any Claim against CIRA, and in no event shall CIRA be liable for any direct, indirect, special, punitive, exemplary or consequential damages including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages or arising from any breach by the Registrar of its obligations under any agreement between the Registrar and a Registrant or the Registrar Agreement between CIRA and the Registrar;

(4) Registration of the Registrant's selected Domain Name in its first application to CIRA shall not be effective until the Registrant has entered into and agreed to be bound by CIRA's Registrant Agreement;

(5) The Registrar shall immediately give notice to the Registrant in the event that the Registrar is no longer a CIRA certified registrar, has had its certification as a CIRA certified Registrar suspended or terminated or the Registrar Agreement between CIRA and the Registrar is terminated or expires. CIRA may post notice of such suspension, termination or expiry on its website and may, if CIRA deems appropriate, give notice to the Registrant thereof;

(6) In the event that the Registrar is no longer a CIRA certified registrar, has had its certification as a CIRA certified registrar suspended or terminated or in the event the Registrar Agreement between CIRA and the Registrar is terminated or expires, each Registrant shall be responsible for changing its registrar of record to a new CIRA certified registrar within 30 days of the earlier notice thereof being given to the Registrant by (i) the Registar or (ii) CIRA in accordance with CIRA's then current Registration Rules; provided, however, that if any of the Registrant's Domain Name Registration(s) is scheduled to expire within 30 days of the giving of such notice, then the Registrant shall have 30 days from the anniversary date of the registration(s), to register with a new CIRA certified registrar and to renew such Domain Name Registration(s) in accordance with the Registration Rules;

(7) The Registrant acknowledges and agrees that, should there be insufficient funds prepaid by the Registrar in the CIRA Deposit Account to be applied in payment of any Fees, CIRA may in its sole discretion stop accepting applications for Domain Name Registrations from the Registrar, stop effecting registrations of Domain Names and transfers, renewals, modifications and cancellations of Domain Name Registrations requested by the Registrar and stop performing other billable transactions requested by the Registrar not paid in full and CIRA may terminate the Registrar Agreement between CIRA and the Registrar;

(8) The Registrant shall not, directly or indirectly, through registration or use of its Domain Name or otherwise:

(i) violate or contribute to the violation of the intellectual property rights or other rights of any other Person;

(ii) defame or contribute to the defamation of any other Person; or

(iii) unlawfully discriminate or contribute to the unlawful discrimination of any other Person;

(9) The Registrant agrees that CIRA shall not be responsible for the use of any Domain Name in the Registry and that CIRA shall not be responsible in any way whatsoever for any conflict or dispute with or any actual or threatened Claim against a Registrar or a Registrant, including one relating to a registered or unregistered trade-mark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawful discrimination with respect to any other Person;

(10) CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between CIRA and the Registrar, including without limitation, the Certification and Re-certification Requirements, the Registration Rules, the Fees and the other Rules and Procedures and to adopt new Rules and Procedures not yet in effect. Any such amendment will be binding and effective on the Registrar 30 days after CIRA gives notice of such amendment by email to the Registrar. The Registrar and the Registrant agree to promptly amend the agreement between the Registrar and the Registrant to reflect any amendments to Section 4.2 of the Registrar Agreement between CIRA and the Registrar; and

(11) The Registrant acknowledges and agrees that registration of a Domain Name does not create any proprietary right for any Registrant, the Registrar or any other Person in the name used as a Domain Name or the Domain Name Registration and that the entry of a Domain Name in the Registry or in the “WHOIS” look up system of the Registry shall not be construed as evidence or ownership of the Domain Name registered as a Domain Name. The Registrant shall not in any way transfer or purport to transfer a proprietary right in any Domain Name Registration, or grant or purport to grant as security or in any other manner encumber or purport to encumber a Domain Name Registration.

ICANN - REGULATED TLD REGISTRAR TERMS OF SERVICE

1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Hostmaster.ca Inc. and its affiliates and subsidiaries ("Hostmaster.ca"). This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services, including domain name registration through our registrar partners. By selecting Hostmaster.ca service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Hostmaster.ca service(s) or to modify or cancel your Hostmaster.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 services and the performance of our services will occur at our offices in Ottawa, Ontario, Canada, the location of our principal place of business.

2. SECURITY. When you register a domain name through us, we provide you with a password that can be used to modify your domain information. It is your responsibility to safeguard your password. You accept full responsibility for modifications made to your domain using this password.

3. VARIOUS SERVICES. The terms of this Agreement are applicable to any and all of the Hostmaster.ca services you have chosen, including domain name registration through our registrar partner, and to any additional services you may choose in the future which may be offered by Hostmaster.ca from time to time.

4. FEES AND PAYMENT. As consideration for the services you have selected, you agree to pay Hostmaster.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. You should be aware that the continued ownership of the domains in your account requires the ongoing payment of fees for services you have selected.
If we are unable to collect fees by the due date, Hostmaster.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 Hostmaster.ca to collect such fees. These remedies include without limitation any or all of
the following (i) the suspension or termination of your account or any services you have selected (ii) the transfer of ownership of the domains in your account to Hostmaster.ca, (iii) the update, modification or removal of dns server information associated with any or all domains in your account to anything Hostmaster.ca deems reasonable or appropriate. If you qualify, we may extend payment terms to you.

5. TERM OF SERVICE. Unless otherwise specified, each Hostmaster.ca service, including domain name registration, is for a two-year initial term and renewable thereafter for successive one-year terms. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal and, in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration.

6. 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 through us. You also agree that a domain name transfer fee will immediately become due and payable upon your application to transfer the domain. This fee must be paid prior to transferring the domain to another registrar.