:: Domain Name Registration —
Services Agreement
This domain name registration agreement (“Registration Agreement”)
is submitted by you, as Registrant, to SupraLink Solutions Inc.
(“Registrar”) for the purpose of registering a domain name on the
Internet. If this Registration Agreement is accepted by Registrar
you agree to be bound by the terms and conditions of this
Registration Agreement.
1. INTRODUCTION. In this Service Agreement ("Agreement"),
"you" and "your" refer to each customer ("Customer") and "we", "us"
and "our" refer to SupraLink Solutions Inc.. ("SupraLink"). 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 SupraLink 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 SupraLink service(s) or to
modify or cancel your SupraLink 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 at 7375 Saint-André Street, Montréal, Québec, 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. The terms of this Agreement are
applicable to any and all of the SupraLink services you have chosen,
including domain name registration, and to any additional services
you may choose in the future which may be offered by SupraLink from
time to time.
4. FEES AND PAYMENT. As consideration for the services you
have selected, you agree to pay SupraLink 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. SupraLink may take
all remedies available to collect fees owed and may recover from you
all costs and expenses (including reasonable attorney fees) incurred
by SupraLink to collect such fees. If you qualify, we may extend
payment terms to you.
5. TERM OF SERVICE. Unless otherwise specified, each
SupraLink 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 with us. You also agree that a domain name transfer fee
of $20 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
SupraLink 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.supralink.com/aboutus/privacy/index.html 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 Section 32 below. 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
SupraLink 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 ten (10)
calendar days after the revised Agreement or change to the
service(s) is posted on SupraLink's Web site, or upon notification
to you in accordance with Section 32 below. 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 Section 32 below.
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 SupraLink's services ten (10)
calendar days 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:
(1)any agent, representative or employee of any third party that you
may use to apply for our services; or
(2)information posted on our Web site of a general informational
nature. No employee, contractor, agent or representative of
SupraLink 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 SupraLink. 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 ICANN's Uniform
Domain-Name Dispute-Resolution Policy (the "ICANN UDRP") that is
incorporated herein and made a part of this Agreement by reference.
The current version of the ICANN UDRP may be found at ICANN's Web
site:
http://www.icann.org/udrp/udrp.htm. 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 the SupraLink.
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 Section 32 below.
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 ICANN UDRP 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.
19. LIMITATION OF LIABILITY. To the extent permitted at law,
SupraLink 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 SupraLink 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 ICANN UDRP or the Dispute Policy.
You agree that our entire liability, and your exclusive remedy, with
respect to any SupraLink 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
SupraLink, 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 SupraLink 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 SupraLink 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.
21. BREACH. You agree that your failure to abide by any
provision of this Agreement, any SupraLink operating rule or policy,
the ICANN UDRP 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 Section 32 below, 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
SupraLink and/or terminate the other SupraLink 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 SupraLink'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 ICANN UDRP 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 SupraLink 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
SupraLink service(s).
27. 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.
28. ENTIRETY. You agree that this Agreement, the rules and
policies published by us, the ICANN UDRP, 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 ICANN UDRP, the Dispute Policy and the privacy
statement supersede all prior agreements, representations and
understandings, whether established by custom, practice, policy or
precedent.
29. 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.
30. 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 Quebec,
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 Montreal, Quebec,
Canada.
31. AGREEMENT TO BE BOUND. By applying for the service(s) of
a SupraLink or an affiliate through our online application process
or by applying for and registering a domain name using the
service(s) provided by SupraLink 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 ICANN UDRP, the
Dispute Policy and any pertinent rules or policies that are or may
be published by SupraLink or ICANN.
32. 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 SupraLink, 7375 Saint-André Street,
Montréal, Québec, Canada; 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.
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