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ARTICLES 4-6     
ARTICLE 7,8     
ARTICLES 9-11     

ARTICLE 7

LIMITATIONS ON WARRANTIES, CONDITIONS, LIABILITY; INDEMNIFICATION

7.1 LIMITATION ON WARRANTIES AND CONDITIONS. CIRA MAKES NO REPRESENTATION, WARRANTY OR CONDITION, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THAT THE REGISTRY WILL BE AVAILABLE AT ALL TIMES DURING THE TERM OR WITH RESPECT TO FUNCTIONALITY, FREEDOM FROM BUGS OR VIRUSES, COMPATIBILITY OR INTEROPERABILITY OF THE REGISTRY OR THE SYSTEMS ACCESSED BY THE REGISTRANT'S REGISTRAR(S) AND/OR THE REGISTRANT OR WITH RESPECT TO THE SECURITY OF THE REGISTRY OR ANY SYSTEMS ACCESSED BY THE REGISTRANT'S REGISTRAR(S) AND/OR THE REGISTRANT, INCLUDING WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY SOFTWARE, HARDWARE, INTERNET AND/OR TELECOMMUNICATIONS OR OTHER SERVICE PROVIDERS OR OTHERWISE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER.

7.2 USE OF DOMAIN NAMES. THE REGISTRANT AGREES THAT CIRA SHALL NOT BE RESPONSIBLE FOR THE USE OF OR RIGHT TO USE ANY DOMAIN NAME REGISTERED IN THE REGISTRY AND THAT CIRA SHALL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY CONFLICT OR DISPUTE WITH OR ANY CLAIM AGAINST THE REGISTRANT OR A REGISTRANT'S REGISTRAR 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 DEFAMATION OF OR UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY OTHER PERSON. THE REGISTRANT ACKNOWLEDGES AND AGREES THAT THE REGISTRATION OF A DOMAIN NAME DOES NOT CREATE ANY PROPRIETARY RIGHT FOR THE REGISTRANT, A REGISTRANT'S REGISTRAR OR ANY OTHER PERSON IN ANY NAME USED AS A DOMAIN NAME OR IN ANY DOMAIN NAME REGISTRATION, AND THE ENTRY OF A DOMAIN NAME IN THE REGISTRY IN THE "WHOIS" DATABASE SHALL NOT BE CONSTRUED AS EVIDENCE OF 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 ANY DOMAIN NAME REGISTRATION.

7.3 LIMITATION OF LIABILITY. CIRA'S AGGREGATE LIABILITY TO THE REGISTRANT, INCLUDING FOR ALL BREACHES BY CIRA OF THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNT OF FEES RELATING TO THE REGISTRANT'S DOMAIN NAME REGISTRATIONS PAID BY THE REGISTRANT'S REGISTRAR(S) TO CIRA. 7.4 ADDITIONAL LIMITATIONS OF LIABILITY.
(1) IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL CIRA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO THE REGISTRANT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS OR RESULTING FROM LOSS OF USE, LOST BUSINESS REVENUE, LOST PROFITS OR THIRD PARTY DAMAGES.
(2) IN NO EVENT SHALL THE REGISTRANT PURSUE ANY CLAIM AGAINST CIRA AND IN NO EVENT SHALL CIRA BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS OR DAMAGES RESULTING FROM LOSS OF USE, LOST PROFITS, LOST BUSINESS REVENUE OR THIRD PARTY DAMAGES) ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH:
(a) ANY ACCESS DELAY OR ACCESS INTERRUPTION;
(b) ANY DATA NON-DELIVERY OR DATA MISDELIVERY;
(c) ANY UNAUTHORIZED USE OR MISUSE OF THE USER ACCOUNT OR PRIVATE PASSWORD PROVIDED TO THE REGISTRANT BY CIRA;
(d) ANY ERROR, OMISSION OR MISSTATEMENT IN ANY INFORMATION OR SERVICE PROVIDED UNDER THIS AGREEMENT;
(e) THE DELETION OF OR FAILURE TO STORE EMAIL MESSAGES;
(f) A COMPUTER BUG OR VIRUS OR OTHER SYSTEM MALFUNCTION;
(g) CIRA'S FAILURE OR REFUSAL TO REGISTER A DOMAIN NAME, 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;
(h) THE PROCESSING BY CIRA OF ANY APPLICATION FOR THE REGISTRATION OF A DOMAIN NAME OR ANY OTHER APPLICATION OR REQUEST, CIRA'S PROCESSING OF ANY AUTHORIZED OR UNAUTHORIZED CHANGES TO THE REGISTRANT'S INFORMATION OR THE FAILURE BY THE REGISTRANT'S REGISTRAR TO PAY ANY FEES;
(i) ANY BREACH BY A REGISTRANT'S REGISTRAR OF ITS OBLIGATIONS UNDER ITS AGREEMENT WITH THE REGISTRANT OR ITS AGREEMENT WITH CIRA OR ANY OTHER ACTION OR OMISSION OF THE REGISTRANT OR A REGISTRANT'S REGISTRAR;
(j) THE APPLICATION OF CIRA'S DISPUTE RESOLUTION PROCEDURE OR THE COMPLIANCE WITH ANY ORDER, RULING, DECISION OR JUDGMENT MADE THEREUNDER OR BY ANY COURT, TRIBUNAL, BOARD, ADMINISTRATIVE BODY, COMMISSION OR ARBITRATOR AND ANY ACTIONS TAKEN IN CONSEQUENCE THEREOF; OR
(k) THE USE OF ANY DOMAIN NAME IN THE REGISTRY AND ANY CONFLICT OR DISPUTE WITH OR ANY CLAIM (AS DEFINED IN SECTION 3.1(g)) AGAINST THE REGISTRANT OR THE REGISTRANT'S REGISTRAR, INCLUDING ONE RELATING TO:
(i) REGISTERED OR UNREGISTERED TRADE-MARKS;
(ii) BUSINESS NAMES, PARTNERSHIP NAMES, CORPORATE NAMES AND OTHER TRADE NAMES;
(iii) NAMES OR INDICIA OF INDIVIDUALS OR GROUPS OR INDIVIDUALS;
(iv) ANY OTHER INTELLECTUAL PROPERTY RIGHTS;
(v) DEFAMATION OF ANY PERSON; OR
(vi) UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY PERSON.
7.5 Indemnity. The Registrant agrees to indemnify and save CIRA and its contractors, agents, employees, officers, directors, members, affiliates and assigns harmless from and against any and all damages, liabilities, obligations, losses, claims, demands, actions, causes of action, lawsuits, penalties, costs and expenses (including, without limitation, reasonable legal and other related costs) arising out of or in any way connected with:
(a) any breach of or non-fulfillment of any covenant or agreement on the part of the Registrant under this Agreement; or
(b) any incorrectness in or breach of any representation or warranty of the Registrant contained in this Agreement;
(c) the services of CIRA provided hereunder or the use by the Registrant of CIRA's services, including without limitation violation by the Registrant of any intellectual property or other right of any Person and any defamation of or unlawful discrimination against any Person or any violation of any of the Rules and Procedures relating to the services provided; or
(d) the actions or omissions of the Registrant and the Registrant's Registrar(s).

ARTICLE 8

REGISTRANT REPRESENTATIONS, WARRANTIES & INDEMNITIES

8.1 Corporations. Where the Registrant is a corporation, the Registrant covenants, represents and warrants to CIRA as follows:
(1) Incorporation and Power. The Registrant is a corporation duly incorporated under the laws of the jurisdiction of its incorporation and is duly organized, validly subsisting and in good standing under such laws.
(2) Authorization. The Registrant has all necessary corporate power, authority and capacity to enter into this Agreement and all other documents and instruments contemplated by this Agreement and to carry out its obligations under this Agreement and such other documents and instruments. The execution and delivery of this Agreement and all other documents and instruments contemplated by this Agreement and the performance by the Registrant of its obligations under this Agreement and such other documents and instruments have been duly authorized by all necessary corporate action on the part of the Registrant.
(3) Enforceability of Obligations. This Agreement constitutes a valid and binding obligation of the Registrant enforceable against the Registrant in accordance with its terms subject, however, to limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally and to the extent that equitable remedies such as specific performance and injunctions are only available in the discretion of the court from which they are sought.
8.2 Partnerships and Trusts. Where the Registrant is a partnership or a trust, the Registrant covenants, represents and warrants as follows:
(1) Existence. The Registrant is duly formed, organized, established and validly existing under the laws of the jurisdiction in which it was formed, organized and established.
(2) Authorization. The Registrant has the power, authority and capacity to enter into this Agreement and all other documents and instruments contemplated by this Agreement and to carry out its obligations under this Agreement and such other documents and instruments. The execution and delivery of this Agreement and all other documents and instruments contemplated by this Agreement and the performance by the Registrant of its obligations under this Agreement and such other documents and instruments have been duly authorized by all necessary action on the part of the Registrant.
(3) Enforceability of Obligations. This Agreement constitutes a valid and binding obligation of the Registrant enforceable against the Registrant in accordance with its terms subject, however, to limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally and to the extent that equitable remedies such as specific performance and injunctions are only available in the discretion of the court from which they are sought.
8.3 Other Registrants. Where the Registrant is not a corporation, a partnership or a trust, the Registrant covenants, represents and warrants to CIRA as follows:
(1) Capacity. The Registrant has the legal capacity and all necessary power and authority to execute and deliver this Agreement and all other documents and instruments contemplated by this Agreement and to perform the obligations of the Registrant under this Agreement and such other documents and instruments.
(2) Enforceability. This Agreement constitutes a legal, valid and binding obligation of the Registrant, enforceable against the Registrant by CIRA in accordance with its terms; subject, however, to limitations on enforcement imposed by bankruptcy, insolvency or other laws affecting creditors' rights generally and to the extent that equitable remedies such as specific performance and injunctions are only available in the discretion of the court from which they are sought.
8.4 Additional Representations, Warranties and Covenants. The Registrant represents, warrants and covenants to CIRA as follows:
(1) Authority. The Registrant has or will have authorized each of the Registrant's Registrars to apply on behalf of the Registrant for the registration of a selected Domain Name and to apply on behalf of the Registrant to transfer, renew, modify, maintain, terminate and take any other action with respect to a Domain Name Registration in the name of that Registrant for which a Registrant's Registrar is the Registrar of record.
(2) Registrant Information. All Registrant Information is and at all times shall be true and accurate in all respects.
(3) Insolvency. The Registrant is not an insolvent person within the meaning of the Bankruptcy and Insolvency Act (Canada) nor has made an assignment in favour of its creditors nor a proposal in bankruptcy to its creditors or any class thereof nor had any petition for a receiving order presented in respect of it. The Registrant has not initiated proceedings with respect to a compromise or arrangement with its creditors or, if the Registrant is a corporation or a partnership, for its winding-up, liquidation or dissolution. No receiver has been appointed in respect of the Registrant or any of its assets and no execution or distress has been levied upon any of its assets.
(4) No Infringement. Neither the registration of any Domain Name nor the manner in which the Registrant intends to use or uses such Domain Name will directly or indirectly infringe or otherwise violate the trade-mark or other intellectual property or other rights of any Person or defame any Person or unlawfully discriminate against any Person or breach any Applicable Laws.
(5) Qualification. The Registrant meets the Canadian Presence Requirements for Registrants.
8.5 Survival and Reasonableness . The Registrant acknowledges and agrees that the limitations on warranties, conditions and liabilities, the representations and warranties of the Registrant contained in Article 8 and the restrictions and indemnities set forth in Articles 7 and 8 shall forever survive the expiry or termination of this Agreement or any suspension or cancellation of any Domain Name Registration. The Registrant acknowledges and agrees that such provisions are reasonable in the context of CIRA's status as a not-for-profit organization that is performing a public service on a cost- recovery basis.

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