www.com — the web starts here

DOMAIN NAME REGISTRATION AGREEMENT

INTRODUCTION. This Domain Name Registration Agreement ("Agrement") sets forth the terms and conditions under which Original Web Ventures Inc. o/a www.com ("WWW.COM") provides its domain name registration and related services ("Service(s)"). In this Agreement, "you" and "your" refers to you and the registrant listed in the WHOIS contact information for the domain name.
AGREEMENT TO BE BOUND. By applying for and registering a domain name using the Service(s) provided by WWW.COM under this Agreement, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement. By using the Service(s), you agree to all terms and conditions of this Agreement, the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the registries, and governments.
AMENDMENTS. This Agreement will change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of WWW.COM that it cancel your Service(s). If you continue to use the Service(s) following a change in this Agreement and/or the Service(s), your continued use of the Service(s) indicates your consent to the changes. You agree to review this Agreement periodically to make yourself aware of any such revisions.
ENTIRETY. This Agreement constitutes the complete and exclusive agreement between you and WWW.COM, and supersedes and governs all prior proposals, agreements, representations, understandings or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.
GOVERNING LAW. This Agreement, and your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to conflict of laws provisions. You hereby submit and consent to the exclusive jurisdiction of the courts located in the Province of Ontario. You further agree that any action, suit or application will be brought and heard in Ottawa, Ontario.
SEVERABILITY. If any term, clause, or provision of this Agreement is held to be invalid by a court decision, statute, rule or otherwise, such invalid or unenforceable term, clause or provision shall be deleted. The remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect.
NO GUARANTY. You acknowledge that registration or reservation of a domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
TERM. This Agreement will remain in effect during the term of your domain name registration, recorded and paid for at the time of registration or any renewal thereof, unless the Agreement is otherwise terminated in accordance with the provisions hereof. Any renewal of WWW.COM's Service(s) is subject to WWW.COM's then current terms and conditions and payment of all applicable Service(s) 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.
EXPIRATION AND RENEWAL OF SERVICE(S). You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Service(s) are set to expire.
RENEWALS AND FORFEITURE. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and WWW.COM may, at its discretion, elect to assume the registration and may hold it for its own account, delete it or may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
FEES. As consideration for the Service(s) and renewal of the Service(s) provided by WWW.COM, you agree to pay, prior to the effectiveness of the desired Service(s) the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. At WWW.COM's option, WWW.COM may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.
ACCURATE INFORMATION. As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s).
SECURITY. In order to change any of your account or domain name WHOIS information, you must use the account identifier and password selected at the time of opening your account. You agree that it is your sole responsibility to safeguard your account identifier and password from any unauthorized use. WWW.COM will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if WWW.COM takes reasonable precautions in relation thereto, that IN NO EVENT SHALL WWW.COM BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WWW.COM FAILS TO TAKE REASONABLE PRECAUTIONS, THAT ITS LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION CONTAINED HEREIN.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION. In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained the third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by WWW.COM concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. You understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and consent that WWW.COM will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that WWW.COM may or must make available to the public or to private entities, and the manner in which such information is made available.
NON-ASSIGNMENT. Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at the option of WWW.COM.
AGENTS and LICENSES. You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
TRANSFERS. You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that WWW.COM may place a "Registrar Lock" on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though WWW.COM is not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.
RIGHT OF REFUSAL. In its sole discretion, WWW.COM, reserves the right to:
1. refuse to register your chosen domain name or register you for other 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 WWW.COM deletes your domain name within such thirty (30) calendar day period, WWW.COM agrees to refund any applicable fee(s) you have paid, minus any applicable administration fees.
You agree that WWW.COM shall not be liable to you for loss or damages that may result from its refusal to register your domain name, the deletion your domain name or its refusal to register you for other Service(s).
REVOCATION. In its sole discretion, WWW.COM reserves right to cancel, lock, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that WWW.COM shall not be liable to you for loss or damages that may result from its decision to cancel, suspend, transfer or modify your domain name registration.
DOMAIN NAME DISPUTE RESOLUTION POLICY. You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by ICANN at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold WWW.COM harmless pursuant to the terms and conditions of the UDRP.
REPRESENTATIONS AND WARRANTIES. You represent that, to the best of your knowledge and belief, neither the registration of a domain name nor the manner in which it is directly or indirectly used nor the use of other of the Service(s) infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your procurement of the Service(s) is accurate. All Service(s) are provided to you "as is" and with all faults. WWW.COM makes no representations or warranties of any kind whatsoever, express or implied, in connection with this Agreement or the Service(s), including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable. Without any limitation to the foregoing, WWW.COM makes no representations or warranties of any kind whatsoever that registration or use of a domain name under this Agreement will immunize you either from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of WWW.COM's e-mail forwarding or other email 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. WWW.COM makes no warranty regarding any goods or services purchased or obtained through its e-mail or other service(s) or any transactions entered into through our e-mail service(s). No advice or information, whether oral or written, obtained by you from WWW.COM shall create any warranty not expressly made herein.
LIMITATION OF LIABILITY. You agree that WWW.COM's entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. You warrant that your use of the Service(s) is not going to subject WWW.COM to any claim(s). You further agree to indemnify, defend and hold harmless WWW.COM, and applicable registry administrator(s) and all such parties' directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration Service(s) under this Agreement. WWW.COM disclaims any and all loss or liability resulting from, but not limited to:
1. suspension or loss of the Service(s), including, without limitation, domain name registration services;
2. use of the Service(s), including, without limitation domain name registration services;
3. interruption of the Service(s) or interruption of your business;
4. access delays or access interruptions to WWW.COM's website(s) or Service(s) or delays or access interruptions you experience in relation to a domain name registered with WWW.COM;
5. loss or liability resulting from acts of or events beyond WWW.COM's control (i.e. acts of God);
6. data non-delivery, mis-delivery, corruption, destruction or other modification;
7. the processing of an application for a domain name registration;
8. the unauthorized use or misuse of your account identifier or password;
9. application of the UDRP.
You further agree WWW.COM will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.
INDEMNITY. With respect to ICANN, the registry operators, and WWW.COM, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) provided to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of WWW.COM's operating rules or policies relating to the Service(s) provided. When WWW.COM may be involved in a suit involving a third party and which is related to the Service(s) provided to you under this Agreement, WWW.COM may seek written assurances from you in which you promise to indemnify and hold WWW.COM harmless from the costs and liabilities described in this paragraph. Your failure to provide such assurances may be considered by WWW.COM to be a breach of this Agreement by you and may, in WWW.COM's sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which WWW.COM is the registrar of record. This indemnification is in addition to any indemnification required under the UDRP.
BREACH. You agree that your failure to abide by any provision of this Agreement or any operating rule or policy of WWW.COM, may be considered by WWW.COM to be a material breach of this Agreement and that WWW.COM may provide to you a written notice in accordance with the terms of 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 WWW.COM, that you have not breached your obligations under the Agreement, then WWW.COM may delete the registration or reservation of your domain name, transfer the domain name to WWW.COM and/or terminate any other Service(s) you are using without further notice. WWW.COM 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 WWW.COM did not act earlier in response to that, or any other breach, by you.
NON-WAIVER. Failure by WWW.COM to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by WWW.COM of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
NOTICES. You agree that any notices required to be given under this Agreement by WWW.COM to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
TLDs. The following additional provisions apply to any domain names that you register through WWW.COM with the various registries:
1. .com/ .net/ .org Domains: In the case of a ".com", ".net" or ".org" registration, the following terms and conditions will apply:
  1. Submission to the UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the registry; these policies are subject to modification;
  2. For the adjudication of disputes concerning or arising from use of the domain name, the registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the registrant's domicile, and (2) where WWW.COM is located, presently Ottawa, Ontario.
2. Selection of a Domain Name. You represent that:
  1. the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;
  2. to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
  3. that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
  4. the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;
  5. you have the authority to enter into this Agreement; and
  6. the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
3. Provision of Registration Data. As part of the registration process, you are required to provide WWW.COM certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following:
  1. your full name;
  2. your postal address;
  3. your e-mail address;
  4. your voice telephone number;
  5. your fax number (if applicable);
  6. the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
  7. the IP addresses of the primary nameserver and any secondary nameserver for the domain name;
  8. the corresponding names of the primary and secondary nameservers;
  9. the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and
  10. any remark concerning the domain name that should appear in the WHOIS directory.
  11. You agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.
4. Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
  1. The Uniform Domain Name Dispute Resolution Policy ("UDRP"): http://www.icann.org/dndr/udrp/policy.htm;
  2. The Restrictions Dispute Resolution Criteria and Rules ("RDRP"): http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
  3. The UDRP sets forth the terms and conditions in connection with a dispute between a registrant and any party other than the registry or registrar over the registration and use of an Internet domain name registered by registrant.
  4. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
  5. For the adjudication of disputes concerning or arising from use of the domain name, the registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the registrant's domicile, and (2) where WWW.COM is located, presently Ottawa, Ontario.