CIRA REGISTRAR POLICIES, PROCEDURES AND GUIDELINES
REGISTRANT AGREEMENT
(RPPG 05-20010716-00015 Version 1.2 Amended July 16, 2001)
This Agreement is between you (the "Registrant") and Canadian Internet Registration Authority
("CIRA"). RECITALS A. CIRA has approved the application of the Registrant's
Registrar for the registration of one or
more Domain Names in the Registry
in the name of the Registrant (or the application by the
Registrant's
Registrar for the Registrant to become a Registrant in accordance with this
Agreement in order to facilitate the transfer of an existing Domain Name
Registration from an
existing registrant to the Registrant);
B. This
Agreement sets forth the terms and conditions which govern the registration in
the Registry
by CIRA of Domain Name(s) in the name of the Registrant from
time to time, including any
registration of a Domain Name in the name of the
Registrant on the completion of a transfer of a
Domain Name from an existing
registrant to the Registrant pursuant to this Agreement
(collectively, the
"Domain Name Registrations"); and
C. Capitalized terms used in this
Agreement have the meaning given to them in this Agreement,
including in
Section 1.2.
In consideration of the registration by CIRA in the name of the
Registrant of the Domain Name
Registrations from time to time and other good
and valuable consideration, the receipt and adequacy of
which are hereby
acknowledged, CIRA and the Registrant agree as follows:
ARTICLE 1 INTERPRETATION
1.1 Application. This Agreement between the Registrant and CIRA applies to all Domain
Name Registrations registered in the name of the Registrant which are registered in the Registry from
time to time.
1.2 Definitions. In this Agreement:
(a) "Affiliate" means, with respect to any Person, any other Person who directly or
indirectly controls, is controlled by, or is under direct or indirect common control
with such Person, and includes any Person in like relation to an Affiliate. A
Person is deemed to control another Person if such Person possesses, directly or
indirectly, the power to direct or cause the direction of the management and
policies of such other Person, whether through the ownership of voting securities,
by contract or otherwise; and the term "controlled" has a corresponding meaning;
(b) "Agreement" means this Agreement including the Rules and Procedures
(as
defined in Section 3.1(a)), as it or they may be amended or supplemented
from
time to time;
(c) "Business Day" means any day other than a Saturday, a Sunday or any
day on
which banks are generally not open for business in the City of
Ottawa, Ontario;
(d) "Domain Name" means a .ca domain name or
sub-domain name;
(e) "Operational Transfer Date" means the date
that CIRA takes over the
operation and control of the .ca domain name
registry from the University of
British Columbia, which date is expected to
be on or as soon as practicable after
November 1, 2000;
(f) "Person" includes an individual, a corporation, a partnership, a
trust, an
unincorporated organization, association or club, the government
of a country or
any political subdivision thereof, or any agency or
department of any such
government, any of the individuals or entities listed
in the Canadian Presence
Requirements for Registrants (as defined in Section
3.1(a)(ii)) and the executors,
administrators or other legal
representatives of an individual in any of such
capacities;
(g) "Registrant's Registrar" means each Registrar which is authorized to apply on
behalf of the Registrant, in accordance with the Rules and Procedures for the
registration of a Domain Name and the renewal, transfer, modification and
cancellation of, and to effect other requests and transactions with respect to, a
Domain Name Registration, including any Registrar which is the Registrar of
record in the Registry for a Domain Name Registration;
(h) "Registrars" means the Persons from time to time certified by CIRA to offer
Domain Name registration services within the .ca Internet Domain Name system
in accordance with the Rules and Procedures; and
(i) "Registry" means the .ca Internet Domain Name registry to be operated by
CIRA commencing on the Operational Transfer Date.
ARTICLE 2
REGISTRATIONS OF DOMAIN NAMES; TRANSFERS, RENEWALS,
MODIFICATIONS AND CANCELLATIONS OF DOMAIN NAME REGISTRATIONS
BY THE REGISTRANT; CHANGES OF REGISTRARS
2.1 Registrations of Domain Names.
(1) The Registrant acknowledges and agrees that applications for the registration of a
Domain Name (other than applications for registration made on behalf of Existing Registrants pursuant to
Section 2.1(3)) shall be made only by the Registrant's Registrar on behalf of the Registrant in accordance
with the rules, policies, regulations and procedures adopted by CIRA from time to time and set forth at
CIRA's website (currently at http://www.cira.ca/registrars/documents.html) as amended and
supplemented by CIRA from time to time (the "Registration Rules").
(2) Complete applications for the registration of a Domain Name (other than applications
made on behalf of Existing Registrants pursuant to Section 2.1(3)) shall be processed by CIRA and
Domain Names shall be registered by CIRA, in each case in accordance with the Registration Rules.
CIRA, in its sole discretion, shall have the right to reject any application for the registration of a Domain
Name and refuse to register any Domain Name for any reason whatsoever with no liability of CIRA
whatsoever to the Registrant, the Registrant's Registrar or any other Person. CIRA will give notice to the
Registrant's Registrar by email if CIRA so rejects such application.
(3) Each registrant (an "Existing Registrant") of a Domain Name in the .ca registry
operated by the University of British Columbia ("UBC") will be required to apply to CIRA, through a
Registrar, to register such Domain Name with CIRA in the Registry in accordance with the Pre-
Operational Transfer Date Registration Policies set out at CIRA's website (currently at
http://www.cira.ca/registrars/documents.html (the "Pre-OTD Registration Rules")). If an Existing
Registrant had a third or fourth level Domain Name registered in the registry operated by UBC as at
August 1, 2000, then such Existing Registrant may apply to CIRA, through a Registrar, to upgrade such
third or fourth level Domain Name to a second level Domain Name in the Registry in accordance with the
Pre-OTD Registration Rules.
(4) Commencing 30 days after the Operational Transfer Date, the Registrant's Registrar will
be permitted to apply to CIRA on behalf of a Registrant for the upgrade of any third or fourth level
Domain Name registered in the name of the Registrant to a second level Domain Name in the Registry in
accordance with the Registration Rules.
(5) After the Operational Transfer Date, CIRA will continue to accept applications for the
registration of new third and fourth level Domain Names under provincial and territorial sub-domains and
their official municipal sub-domains in accordance with the Registration Rules.
(6) The Registrant shall, in each application for registration of a Domain Name, through the
Registrant's Registrar, select a registration period for the registration of a Domain Name from one (1) to
ten (10) years from the date of the registration of the Domain Name (the "Registration Period");
provided that the Registration Period for the registration of a Domain Name which was registered in the
.ca registry operated by UBC prior to the Operational Transfer Date: (i) shall be equal to the number of
years selected by the Existing Registrant plus the period from the month and date of registration with
CIRA of the Domain Name until the month and date of the next anniversary date of the original date of
registration in the UBC registry; and (ii) will not exceed ten (10) years from the date of registration in the
Registry. CIRA may, at its option, extend the Registration Period of any Domain Name Registration for
such further period as CIRA may determine, at no additional charge to the Registrant's Registrar, by
giving notice to the Registrant and the Registrant's Registrar.
2.2 Renewals, Transfers, Modifications, Cancellations and Other Transactions .
(1) The Registrant acknowledges and agrees that a renewal, transfer, modification or
cancellation of, and any other request or transaction with respect to, a Domain Name Registration shall be
made only by the Registrant's Registrar with respect to such Domain Name Registration on behalf of the
Registrant in accordance with the Registration Rules in force at the time of receipt by CIRA of any
completed application or request for the renewal, transfer, modification or cancellation of a Domain
Name Registration or other request or transaction with respect to a Domain Name Registration.
(2) The Registration Period of any Domain Name Registration may be renewed for a period
of one to ten years as selected by the Registrant through the Registrant's Registrar in accordance with the
Registration Rules.
2.3 Changes of Registrar.
(1) The Registrant may change its Registrant's Registrar with respect to a Domain Name
Registration at any time in accordance with the Registration Rules; provided that if the Registrant changes
Registrars it will continue to be bound by its obligations under its agreement with its original Registrar in
accordance with such agreement.
(2) In the event that a Registrant's Registrar is no longer a Registrar, has had its certification
as a Registrar suspended, revoked or terminated, or in the event the registrar agreement between CIRA
and the Registrant's Registrar (the "Registrar Agreement") is terminated or expires, the Registrant shall
be responsible for changing such Registrant's Registrar to a new Registrar in accordance with the
Registration Rules within 30 days of the earlier of notice thereof being given to the Registrant by (i) the
Registrant's Registrar or (ii) CIRA in accordance with CIRA's then current Rules and Procedures;
provided, however, that if any of the Registrant's Domain Name Registrations is scheduled to expire
within 30 days of the giving of such notice, then the Registrant shall have an additional 30 days from the
anniversary date of such registration to register with a new Registrar. If the Registrant wishes to renew
such Domain Name Registration, the Registrant will be required to do so through its new Registrant's
Registrar in accordance with the Registration Rules.
2.4 Right of CIRA to Verify Information and Compliance. CIRA is entitled at any time
during the Term of this Agreement (as defined in Section 5.1) to verify the accuracy and completeness of
any information provided by the Registrant to CIRA, whether through any of the Registrant's Registrars
or otherwise, including without limitation the information provided by the Registrant through any of the
Registrant's Registrars in any application to CIRA for the registration of a Domain Name or in connection
with the transfer, renewal, modification, maintenance or cancellation of a Domain Name Registration and
any other request or transaction with respect to a Domain Name Registration (collectively, the
"Applications") and the compliance by the Registrant with the provisions of this Agreement (including
the Rules and Procedures (as defined in Section 3.1(a)). The Registrant shall cooperate with CIRA in
connection with such verification (which shall be conducted in such manner as is deemed reasonable by
CIRA and in accordance with the Rules and Procedures) and shall give and shall cause the Registrant's
Registrar to give, CIRA and its agents and representatives such assistance and access to and copies of
such information and documents in any or all media regarding, and access to the premises of, the
Registrant as CIRA may reasonably request in order to enable CIRA to complete such verification. CIRA
shall be responsible for its own expenses incurred in connection with any such verification and the
Registrant shall be responsible for any expenses the Registrant or the Registrant's Registrar incurs in
complying with this Section 2.4. The Registrant agrees to promptly execute and deliver to CIRA any
authorizations required to permit the verifications of CIRA under this Section 2.4.
2.5 User Code and Passcode. The Registrant acknowledges receipt from CIRA of a user
code number and password. The user code number and password shall be used only by the Registrant to
log on to a website specified in an email from CIRA in order to (i) review and agree to be bound by this
Agreement including, without limitation, the Rules and Procedures and (ii) to confirm to CIRA, in
accordance with the Registration Rules, certain information, requests and transactions. The Registrant
acknowledges and agrees that the use and continued use of the user code number and password by the
Registrant is the equivalent of the due execution and delivery by the Registrant of (i) this Agreement and
(ii) any other confirmations to CIRA of requests and transactions in accordance with the Registration
Rules.
ARTICLE 3
CERTAIN REGISTRANT OBLIGATIONS
3.1 Certain Registrant Obligations. Throughout the Term of this Agreement, the
Registrant shall:
(a) comply with and observe all rules, policies, regulations and procedures of CIRA
applicable to Registrants in existence and which CIRA may adopt from time to
time, as amended and supplemented by CIRA from time to time, including,
without limitation, the following (collectively, the "Rules and Procedures"):
(i) the Registration Rules;
(ii) CIRA's policy regarding Canadian presence requirements for Registrants
set forth on CIRA's website (currently at
http://www.cira.ca/registrars/documents.html (the "Canadian Presence
Requirements for Registrants");
(iii) the Pre-OTD Registration Rules; and
(iv) the Dispute Resolution Policy when it comes into effect;
as such Rules and Procedures may be amended or supplemented by CIRA from
time to time, which Rules and Procedures are and shall be deemed to be part of
this Agreement. Such Rules and Procedures shall be available for review by the
Registrant at CIRA's website (currently at
http://www.cira.ca/registrars/documents.html);
(b) in accordance with the Rules and Procedures, submit to CIRA through the
Registrant's Registrar all information which CIRA may require be submitted in
connection with the registration of a Domain Name, the renewal, transfer,
cancellation or modification of a Domain Name Registration and any other
request or transaction with respect to a Domain Name Registration;
(c) promptly give notice to CIRA, through the Registrant's Registrar, of any change
to any information provided to CIRA from time to time by the Registrant or the
Registrant's Registrar, including in connection with any application for the
registration of a Domain Name, any renewal, transfer, cancellation or
modification of a Domain Name Registration or any other request or transaction
with respect to a Domain Name Registration (collectively, the "Registrant
Information");
(d) comply with and observe all applicable international, federal, provincial and local
laws and regulations and other laws of applicable governmental authorities
("Applicable Laws");
(e) prior to providing any Registrant Information to CIRA through the Registrant's
Registrar, obtain the written consents of individuals whose personal information
will be held in the Registry where required by Applicable Laws;
(f) at all times ensure that the Registrant Information is complete and accurate,
communicate to the Registrant's Registrar (for communication to CIRA) any
changes to the Registrant Information and promptly confirm to CIRA when
CIRA so requests in accordance with the Registration Rules that the Registrant
Information is complete and accurate;
(g) immediately give notice to CIRA of any pending or threatened claim, demand,
action, cause of action, proceeding, lawsuit, investigation or application
("Claim") in relation to any Domain Name Registration (or any judicial requests
or orders to produce documents or information obtained from or supplied to the
Registry) that became known to the Registrant;
(h) not, directly or indirectly, violate or contribute to the violation of the intellectual
property rights or other rights of any other Person;
(i) not engage in any direct or indirect activity which is designed to bring, or may
have the effect of bringing, the Registry into disrepute or which interferes with
CIRA's operations;
(j) act in good faith towards CIRA;
(k) not, directly or indirectly, defame or contribute to the defamation of any other
Person;
(l) not, directly or indirectly, unlawfully discriminate or contribute to the unlawful
discrimination of any other Person;
(m) not allow any third party to use or operate any Domain Name Registration
registered in the name of the Registrant and not register any Domain Name as
agent for, or on behalf of, any third party in any manner whatsoever, including
without limiting the generality of the foregoing, for purposes of lending, leasing,
licensing or otherwise granting rights in such Domain Name Registration to any
third party for monetary or non-monetary consideration unless such third party:
(i) otherwise qualifies under the Registration Rules and the Canadian Presence
Requirements for Registrants; or (ii) is an Affiliate of the Registrant. For this
purpose, "third party" means any Person other than CIRA and the Registrant;
(n) be wholly responsible for the use and operation of any third, fourth, or further
sub-level domain to any second level Domain Name Registration in the
Registrant's name and the Registrant shall ensure that the use and operation of
any such sublevel domain is conducted in compliance with this Agreement; and
(o) not use any trade-mark, trade-name or symbol of CIRA or any trade-mark, trade-
name or symbol likely to be confused therewith.
3.2 Fees. The Registrant acknowledges that the Registrant's Registrar is obligated to pay to
CIRA the registration fees for each Domain Name Registration, any applicable renewal fees, transfer fees
and any other fees payable in connection with a Domain Name registration. The fees which are payable
by Registrars to CIRA (the "Fees") are set forth at http://www.cira.ca/registrars/documents.html, as
amended by CIRA from time to time. The Registrant acknowledges and agrees that, should there be
insufficient funds prepaid by any Registrant's 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 such Registrant's Registrar, stop effecting registrations of Domain Names and
transfers, renewals, modifications and cancellations of Domain Name Registrations requested by such
Registrant's Registrar and stop performing other billable transactions requested by such Registrant's
Registrar not paid in full and CIRA may: (i) terminate the Registrar Agreement between CIRA and such
Registrant's Registrar; and (ii) cancel or suspend the relevant Domain Name Registration in accordance
with Article 6 hereof.
3.3 Alternative Dispute Resolution Procedure. The Registrant acknowledges that CIRA is
developing a Domain Name alternative dispute resolution procedure (the "Dispute Resolution
Procedure"), which procedure will be set forth at CIRA's website once it comes into effect. The Dispute
Resolution Procedure shall be binding and effective on the Registrant in accordance with Section 3.1 and
shall become effective in accordance with Article 10. When the Dispute Resolution Procedure is binding
and effective, it shall be deemed to form part of the Rules and Procedures.
3.4 No Conflict. The Registrant shall not enter into any agreement with any Registrar or any
other Person that is inconsistent with, or in any way, modifies, affects, overrides, limits, contradicts or
cancels the terms and conditions of this Agreement. To the extent that the provisions of any such
agreement with the Registrant's Registrar contravene the provisions of this Agreement, the Registrant
hereby agrees that the provisions of this Agreement shall prevail and be binding on the Registrant for the
benefit of CIRA.
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