.ca domains terms and conditions

REGISTRANT AGREEMENT

(Version 1.7)

This agreement (the "Agreement") is between you (the "Registrant") and Canadian Internet Registration Authority ("CIRA").
 
RECITALS

CIRA has approved the application of the Registrant’s Registrar for either the registration of one or more Domain Names in the Registry in the name of the Registrant or, to become a Registrant Without a Domain Name;
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 subsequent to becoming a Registrant Without a Domain Name pursuant to this Agreement (collectively, the “Domain Name Registrations” individually, a “Domain Name Registration”); and
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.

1.2 Definitions. In this Agreement:

“Account Information” means the user account and private password (including any supplementary or substitute password issued by CIRA to the Registrant) information provided by CIRA, from time to time, to the Registrant for use in connection with Domain Name Registrations;
“Activation” or “Activated” means the activation of a Domain Name Registration which shall be deemed to occur upon the activation time and date stated in the confirmation email sent by CIRA to the Applicant or Registrant confirming the activation of the Domain Name in the CIRA system;
“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;
“Agreement” means Sections 1-11 of this Agreement as they may be amended or supplemented from time to time;
“Authorized Representative” in the case of a Registrant who is not an individual, means a representative of the Registrant who: (i) is an employee of the Registrant; (ii) is a member of the board of directors of the Registrant; (iii) is a member of the board of governors of the Registrant; or (iv) has the authority to bind the Registrant, provided such authority is not limited to .ca domain name related matters.
“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, Canada;
“Domain Name” means a .ca domain name or sub-domain name;
“CIRA Elections” means online CIRA elections where Registrants who are also Members of CIRA vote for individuals to become CIRA Board of Director members;
“Fees” means the fees payable to CIRA in connection with an application for a Domain Name and/or any renewal, transfer, and any other fees payable in connection with a Domain Name Registration in accordance with the applicable Registry PRP.  The fees which are payable by Registrars to CIRA are set forth in the document entitled Fees Policy and Rules as amended by CIRA from time to time;
“Meeting” means a meeting of the Members of CIRA, called for any purpose;
“Member” or “Members” shall be defined as that term is defined in CIRA’s By-law No. 1 and “Membership” has a corresponding meaning;
“Membership Information” means all information maintained by CIRA, in accordance with applicable Registry PRP relating to Membership;
“Membership Representative” means, in the case of a Registrant who is not an individual but is a member of CIRA, the Authorized Representative
of the Registrant who has been authenticated in accordance with the Policy on Membership.
“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 the applicable Registry PRP) and the executors, administrators or other legal representatives of an individual in any of such capacities;
“Registrant’s Registrar” means each Registrar which is authorized to apply on behalf of the Registrant, in accordance with the Registry PRP 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;
“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 Registry PRP; and
“Registry” means the .ca Internet Domain Name registry operated by CIRA.
“Registration Information” means all information which the applicable Registry PRP require the Registrant to submit to CIRA or the Registrant’s Registrar to obtain a Domain Name Registration, any renewal, transfer, cancellation or modification of a Domain Name Registration or any other request or transaction with respect to a Domain Name Registration and all other information concerning the Domain Name Registration which appears in CIRA’s web-based look-up directory system (the “WHOIS”); and
“Registry PRP” means the CIRA policies, rules, and procedures relating to registrants, Registrars, and Domain Name registrations as may be amended or adopted by CIRA from time to time and posted on CIRA’s website, including, without limitation, applications for Domain Name registrations and other transactions relating to Domain Name registrations.
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.

The Registrant acknowledges and agrees that applications for the registration of a Domain Name shall be made to CIRA only by the Registrant’s Registrar on behalf of the Registrant in accordance with the applicable Registry PRP.
Complete applications for the registration of a Domain Name shall be processed by CIRA and Domain Names shall be registered by CIRA, in each case in accordance with the applicable Registry PRP. 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.
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”). 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.

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 either (i) by the Registrant’s Registrar with respect to such Domain Name Registration on behalf of the Registrant in accordance with the applicable Registry PRP 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; or (ii) by the Registrant submitting information with respect to the renewal, transfer, modification, cancellation or other transaction directly to CIRA, as such may be permitted by CIRA.  CIRA will notify the Registrant’s Registrar of any renewal, transfer, modification, cancellation or other transaction, except for CIRA membership related transactions, made by the Registrant submitting information directly to CIRA.
Notwithstanding Section 2.2 (1) above, the Registrant agrees Membership Information may be created, modified and cancelled only by sending a request directly to CIRA.
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 applicable Registry PRP.
The Registrant shall not be permitted to transfer the Domain Name Registration to another Registrant or change the Registrar within thirty (30) days from the date of Activation.
2.3 Changes of Registrar.
1. The Registrant may change its Registrant’s Registrar with respect to a Domain Name Registration after thirty (30) days from the date of Activation, at any time in accordance with the applicable Registry PRP. The Registrant acknowledges and agrees that it shall 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  applicable Registry PRP within thirty (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 the applicable Registry PRP; provided, however, that if any of the Registrant’s Domain Name Registrations are scheduled to expire within thirty (30) days of the giving of such notice, then the Registrant shall have an additional thirty (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 applicable Registry PRP.

2.4 Right of CIRA to Verify Information and Compliance.
CIRA is entitled at any time during the Term (as defined in Section 5.1) to verify the accuracy and completeness of any information provided by the Registrant to CIRA, whether directly, through any of the Registrant’s Registrars or otherwise, including without limitation, the information provided by the Registrant herself or 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 the Agreement including, without limitation, the applicable Registry PRP, and the terms and conditions of use of CIRA’s web site as set out in the Legal Notice (as defined in Section 3.1(o)). 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 applicable Registry PRP, 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 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. If CIRA decides to verify and/or confirm information and/or compliance, CIRA may proceed as follows:

Send an email to the Registrant and/or the Registrant’s Registrar advising that the Registrant shall supply CIRA, either directly or via the Registrant’s Registrar, with valid information, as determined by CIRA in its sole and absolute discretion (the “Requested Information”) as set forth in the email within 7 days from the time and date of the email.
If CIRA has not received the Requested Information within the 7 days, CIRA will send a second email to the Registrant and/or the Registrant’s Registrar advising that the Registrant shall submit the Requested Information to CIRA, via the Registrant’s Registrar, within 7 days of the time and date of the second email, otherwise the Registrant’s Domain Name Registration(s) will be suspended for 60 days.
If CIRA has not received the Requested Information upon the expiry of the second 7 day period, CIRA will suspend the Domain Name and send an email to the Registrant and the Registrant’s Registrar notifying them of the suspension and notifying them that upon the expiry of the suspension period if CIRA has not received the Requested Information, CIRA will cancel the Domain Name Registration(s) and terminate the Registrant Agreement.
If CIRA has not received the Requested Information upon the expiry of the suspension period, CIRA will cancel the Domain Name Registration(s), terminate the Registrant Agreement and send an email to the Registrant and Registrant’s Registrar notifying them of the cancellation and termination.

The Registrant may, at any time before the expiry of the suspension period, submit the Requested Information, either directly or via the Registrant’s Registrar, to CIRA.

2.5 Right of CIRA to Verify Information and Compliance in Person. In addition to, or as an alternative to, asking for the Requested Information, CIRA may at any time, in its discretion, also request that the Registrant attend in person at CIRA’s offices, or elsewhere as reasonably determined by CIRA, for an interview in order to verify the accuracy and completeness of information. If the Registrant fails or refuses to attend such an interview or attends but fails or refuses to provide satisfactory answers to CIRA’s request for information, or provides inaccurate information in response to such a request, CIRA may, upon reasonable notice to the Registrant and Registrant’s Registrar, suspend the Registrant’s Domain Name Registration(s) or cancel the Registrant’s Domain Name Registration(s) and terminate the Registrant Agreement, as CIRA deems appropriate in its sole discretion.

2.6 User Account Number and Password. CIRA will issue Account Information from time to time to the email address in the Registration Information for the Registrant or for the person identified in the Registration Information as the Administrative Contact for the Registrant’s Domain Name Registration(s) (the “Administrative Contact”). The Account Information shall be used only by the Registrant, or the Administrative Contact, to confirm the identity of the Registrant to CIRA and for other purposes as permitted pursuant to the applicable Registry PRP.  The Registrant acknowledges and agrees that until the Registrant notifies CIRA that the Account Information may have fallen in to the hands of an unauthorized user, the use of the Account Information by any Person is deemed use by the Registrant.

2.7 Registrar As Agent. The Registrant acknowledges and agrees that the Registrant’s Registrar is deemed to be authorized to act as the Registrant’s agent in connection with Domain Name Registrations, but not the Registrant’s CIRA Membership.  Further, the Registrant acknowledges and agrees that the Registrant’s Registrar may, in accordance with the applicable Registry PRP:
make changes to the Administrative Contact details at any time without having to comply with the change of critical information approval process (as set out in the applicable Registry PRP), provided the Registrant has granted the Registrant’s Registrar the authority to do so AND HAS NOT REVOKED SAID AUTHORITY.  If the Registrant has two or more Registrars, only one of the Registrant’s Registrars may be granted said authority. The Registrant may at any time revoke said authority or provide said authority to another of the Registrant’s Registrars;
cancel the Registrant’s Domain Name Registration within seven (7) Days of Activation for whatever reason and without the Registrant’s consent; and
cancel, on behalf of the Registrant, a renewal term for the Domain Name Registration, provided the renewal term has not yet commenced.

2.8 Administrative Contact as Agent. Except as provided in sections 2.10 to 2.12 below, the Registrant acknowledges and agrees that the Administrative Contact and any person who uses the Account Information or who sends or receives emails from the Administrative Contact’s email address as identified in the Registration Information for a Registrant and Domain Name Registration(s), is authorized by the Registrant to be CIRA’s only contact for the Registrant and the Domain Name Registration(s) and is recognized by CIRA and authorized by the Registrant to take any and all actions in connection with the Domain Name Registration(s) including, without limitation, transferring it to another Person or obtaining the Account Information for the Registrant or replacement of the Account Information. 

2.9 Administrative Contact email Address. The Registrant acknowledges and agrees that all CIRA notices to the Registrant, other than as provided in sections 2.10 and 2.11 below, (in this Agreement, the Registry PRP, and CIRA’s By-law No.1) will be sent by email to the Registrant’s Administrative Contact email address as listed in the Registration Information only.  The Registrant further acknowledges and agrees that any reference to notices sent to the “Registrant(s),” or “Applicant(s),”  in this Agreement, the applicable Registry PRP, and CIRA’s By-law No. 1 shall mean that the notices will only be sent to the Registrant’s Administrative Contact. It is the responsibility of the Registrant to ensure that the Administrative Contact’s email address is at all times functional and accurate and to make arrangements with its Administrative Contact to receive any and all notices sent by CIRA to the Registrant’s Administrative Contact.

2.10 Members and Membership Representative. The Registrant acknowledges and agrees that:

any Registrant who is an individual and who is, or becomes, a Member of CIRA will provide to CIRA an email address, phone number(s) and/or other contact information for Membership purposes;
any Registrant who is not an individual and who is, or becomes, a Member of CIRA shall, in a manner prescribed by CIRA, appoint a Membership Representative and shall provide to CIRA an email address, phone number(s) and other contact information for the Membership Representative;  and
the Registrant, in the case of a Registrant described in section 2.10(a), or the Membership Representative, in the case of a Registrant described in section 2.10(b), will be CIRA’s only contact for all matters related to the Registrant’s Membership in CIRA, to receive notices sent to Members on behalf of the Registrant and to attend and vote at Meetings.
2.11 Member Contact Email and Membership Representative Contact Email. The Registrant acknowledges that all notices sent to the Registrant by CIRA in relation to Membership in CIRA, (pursuant to this Agreement, the Registry PRP and CIRA’s By-law No.1) will be sent by email to the Registrant’s Member email address (for individual Registrants) or to the Registrant’s Membership Representative email address (for non-individual Registrants ).  It is the responsibility of the Registrant to ensure that the Member email address or Membership Representative’s email address, as the case may be, is at all times functional and accurate. 

2.12 Rights of Registrants Who are Members. Rights of Registrants who are Members are set out in CIRA’s By-law No. 1 and Policy on Membership.

ARTICLE 3

CERTAIN REGISTRANT OBLIGATIONS

3.1 Certain Registrant Obligations. Throughout the Term of this Agreement, the Registrant shall:

comply with and abide by all applicable Registry PRP (all of the applicable Registry PRP can be found);
in accordance with the applicable Registry PRP, submit to CIRA through the Registrant’s Registrar or to CIRA directly, if CIRA, at its complete discretion and sole option, deems it appropriate, all Registration Information which CIRA may require;
promptly give notice to CIRA, of any change to any Registration Information, such notice to be given either through the Registrant’s Registrar or, in exceptional cases, to CIRA directly;
in accordance with the applicable Registry PRP, submit to CIRA all Membership Information, pertaining to the Registrant, which CIRA may require;
promptly give notice to CIRA of any change to the Membership Information pertaining to the Registrant;
comply with and observe all international, federal, provincial and local laws and regulations and other laws of applicable governmental authorities relating to the Registrant’s Domain Name Registration(s) (“Applicable Laws”);
prior to providing any Registration Information to CIRA through the Registrant’s Registrar or directly to CIRA if permitted or requested by CIRA, obtain the written consents of individuals whose personal information will be held in the Registry where required by Applicable Laws;
at all times ensure that the Registration Information is complete, accurate, and in compliance with the applicable Registry PRP and this Agreement, communicate to the Registrant’s Registrar (for communication to CIRA) any changes to the Registration Information and promptly confirm to CIRA when CIRA so requests in accordance with the applicable Registry PRP that the Registration Information is complete and accurate;
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;
not engage in any direct or indirect activity which in CIRA’s opinion  is designed to bring, or may bring, the Registry into disrepute, is designed to interfere, or may interfere, with CIRA’s operations or designed to expose, or may expose, CIRA to prosecution or to legal action by the Registrant or a third party including, but not limited to, any of the following kinds of activities:
(i) directly or indirectly, defaming or contributing to the defamation of any other Person,
(ii) unlawfully discriminating or contributing to the unlawful discrimination of any other Person; or
(iii) committing any other actionable wrong against any other Person including, without limitation, any other infringement of the Person’s rights;
act in good faith towards CIRA;
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 applicable Registry PRP; or (ii) is an Affiliate of the Registrant.  For this purpose, “third party” means any Person other than CIRA and the Registrant;
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;
not use any trade-mark, trade-name or symbol of CIRA or any trade-mark, trade-name or symbol likely to be confused therewith;
be wholly responsible for taking, or ensuring that the Registrant’s Registrar for a Domain Name Registration takes, all necessary steps to renew the Domain Name Registration in accordance with the applicable Registry PRP;
ensure all fees payable to the Registrant’s Registrar or, if applicable, the Registrant’s former Registrar, for registering, transferring, renewing, or a combination thereof any or all of the Registrant’s Domain Name Registrations, have been paid when due; and 
comply with and abide by the terms and conditions for the use of CIRA’s website as set out in the “Legal Notice” on CIRA’s website.
3.2 Fees. The Registrant acknowledges that the Registrant’s Registrar is obligated to pay Fees.    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 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 and the applicable Registry PRP.  To the extent that the provisions of any such agreement with the Registrant’s Registrar contravene the provisions of this Agreement and the applicable Registry PRP, the Registrant hereby agrees that the provisions of this Agreement and the applicable Registry PRP shall prevail and be binding on the Registrant for the benefit of CIRA.

ARTICLE 4

REGISTRATION INFORMATION

4.1 Consent to Use of Registration Information. The Registrant hereby grants to CIRA the right to disclose to third parties through the Registry the following information:

each Domain Name Registration in the name of the Registrant;
the Registrant’s name, postal address, email address(es), telephone number(s), and, where available, fax number(s);
the Registrant’s name and the Registrant’s registrant number as assigned by CIRA;
each Domain Name Registration and domain number for each Domain Name Registration as assigned by CIRA;
the description field which the Registrant or the Registrant’s Registrar filled out during the registration process describing the Registrant or the Registrant’s business;
the Registrant’s “Pretty Good Privacy” (“PGP”) public encryption key, if the Registrant elects to use PGP encrypted email when communicating with CIRA;
the Registrant’s Membership status;
the name(s), postal address(es), email address(es), telephone number(s) and where available, the fax number(s) of the Registrant’s Membership Representative, in the case of Registrants who are not individuals;
the name(s), postal address(es), email address(es), telephone number(s) and where available, the fax number(s) of the Member, in the case of Registrants who are individuals;
the name(s), postal address(es), email address(es), telephone number(s) and where available, the fax number(s) of the technical contact and Administrative Contacts for each Domain Name Registration;
the Internet Protocol Number of the primary name server and secondary name server(s) for each Domain Name Registration;
the corresponding names of those name servers;
the registration date and the last changed date of each Domain Name Registration;
whether the Domain Name Registration has been suspended or is in the process of being transferred;
the expiration date of each Domain Name Registration of the Registrant; and
the name of the Registrant’s Registrar responsible for each Domain Name Registration.
4.2 Personal Information of Registrant. Except as set forth in this Agreement or the applicable Registry PRP, personal information pertaining to the Registrant belongs to the Registrant and shall not be collected or used by CIRA except for the reasonable purposes of the operation of the Registry and the implementation, execution, and enforcement of the applicable Registry PRP or in accordance with Applicable Laws or the terms of an order, ruling, decision or judgment of a court, tribunal, board, administrative body or commission.

4.3 WHOIS. The Registrant acknowledges and agrees that CIRA has no control over how any member of the public uses the information disclosed by CIRA through the WHOIS database