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DOMAIN REGISTRATION AGREEMENT ADDITIONAL TERMS FOR
.CA
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Registration of .CA domain names and related services are provided by
eNom Canada Corporation and eNom Canada's designated contractors, agents,
and assignees (collectively referred to in this Section J as "eNom
Canada"), pursuant to the following terms. By submitting a request
to register a .CA domain name or otherwise using any of the services
provided by eNom Canada you acknowledge and signify that you have read,
understood, and agreed to be bound by the terms of this Section J. The
terms of this Section J include, see below, that you agree to the terms
of the Canadian Internet Registration Authority's ("CIRA's")
Registrant Agreement and Canadian Presence Requirements, both of which
may presently be found at http://www.cira.ca/en/cat_Registration.html.
By submitting a request to register a .CA domain name or otherwise using
any of the services provided by eNom Canada you acknowledge and signify
that you have read, understood, and agreed to be bound by the terms of
CIRA's Registrant Agreement and Canadian Presence Requirements.
- CERTAIN DEFINITIONS.
eNom Canada is an independent company providing .CA domain name
registration services and such other services regarding .CA domain names
as eNom Canada may provide from time to time (for the purposes of this
Section J, the ".CA Services"). The term "CIRA"
refers to the Canadian Internet Registration Authority, which is
responsible for the operation and control of the .CA Internet domain
name registry.
- USE RESTRICTION.
You will not provide eNom Canada with false information and you must get
all the necessary consents for the information provided to eNom Canada.
By submitting a query to the .CA Internet domain name registry database
or using the search functions regarding the .CA Internet domain name
registry, you agree that you will use data obtained from the .CA
Internet domain name registry only for lawful purposes and that, under
no circumstances will you use data obtained from the .CA Internet domain
name registry to allow, enable, or otherwise support the transmission of
mass unsolicited, advertising, solicitations or viruses via e-mail. If
you provide inaccurate information (including but not limited to phone
number, e-mail address or postal address), eNom Canada retains the
right to deactivate and/or deregister your domain name(s).
- REVISIONS.
You expressly acknowledge and agree that eNom Canada may update, amend
or revise this Section J and impose further terms and conditions from
time to time. You agree to review this Agreement and any other
applicable rules or policies from time to time, to be aware of any such
revisions or modifications. The revised terms and conditions will be
effective as of the date of their posting on the web site on which you
are viewing these terms. You expressly acknowledge and agree that eNom
Canada may introduce or impose further terms and conditions in respect
of any service including .CA domain name services eNom Canada may
provide, at any time, in eNom Canada's sole discretion. You expressly
acknowledge and agree that eNom Canada may, without limiting the
generality of the foregoing:
- charge you fees, including renewal fees for the registration of your
domain name whether the domain name was registered before or after the
introduction of this Section J;
- modify the fees and charge you any fees required of eNom Canada by
CIRA, including late fees;
- introduce new, modified, and/or additional terms and conditions
relating to the .CA Services;
- modify the types of information which eNom Canada collects from you;
- introduce a dispute resolution policy; and/or
- change part of the .CA Services provided under this Agreement at any
time.
You expressly acknowledge and agree that if you do not agree to any such
revision or modification, you may terminate this Agreement after which
you will not be entitled to use the .CA Services. By continuing to use
the .CA Services after any revision to this Agreement you agree to abide
by and be bound by any such revisions or changes. For all domain names
registered prior to the introduction of this Agreement, your continued
use of your domain name will evidence your agreement to: (i) this
Agreement, (ii) eNom Canada's right to amend this Agreement and to
introduce further terms and conditions, including the imposition of
renewal or other registration fees, and (iii) be bound by such
amendments or further terms and conditions.
- REGISTRATION OF DOMAIN NAME.
Your application for or use of the .CA Services or access to or use of
your domain name will evidence your agreement to be bound by this
Agreement and any other applicable rules or policies that are or may be
published by eNom Canada or by CIRA. Your eligibility for a domain
name will depend on your fulfillment of the required criteria
established by the CIRA, including that you agree to CIRA's Registrant
Agreement and CIRA's Canadian Presence Requirements, both of which are
currently found at http://www.cira.ca/en/cat_Registration.html.
Registration of your domain name is conditioned on CIRA's acceptance of
your domain name registration application. The performance of any
services by eNom Canada in connection with your application will occur
at eNom Canada's main office in Kelowna, British Columbia.
- Agents: When you submit your application for a domain name
through eNom Canada or through any other third party who requests,
applies for, purchases or otherwise acquires the .CA Services on your
behalf through eNom Canada, you will nonetheless be bound as a principal
by all terms and conditions herein. When you use your account or permit
someone else to use your account to request, apply for, purchase or
otherwise acquire access to the .CA Services or to modify or cancel
the .CA Services, this Agreement covers any such .CA Services or
actions.
- Information Required: You agree to:
- provide to eNom Canada certain current, complete and accurate
information about you as required by the application process; and
- maintain and update this information as needed to keep it current,
complete and accurate.
- Third Parties: You represent and warrant that you have
provided notice to, and obtained consent from, any third parties whose
personal data or information you supply. You further agree to provide
such notice and obtain such consent with regard to any third party
personal data or information you supply in the future. eNom Canada
shall not be responsible for any consequences resulting from your
failure to provide notice or receive consent from such individuals nor
for your providing outdated, incomplete or inaccurate information.
- Disclosure: In order to comply with any current or future
rules and policies for domain name systems including any rules or
policies established by the CIRA or any provincial or federal government
or by other organization having control or authority to establish rules
or policies, you hereby grant to eNom Canada the right to disclose to
third parties through an interactive publicly accessible registration
database the following information which you are required to provide
when applying for a domain name:
- the domain or sub-domain name(s) registered by you;
- your organization name, type and postal address;
- the name(s), position(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 or sub-domain name(s);
- the full hostnames and Internet protocol (IP) addresses of at least
two nameserver hosts (one primary and at least one secondary) for your
domain or subdomain. Up to six nameservers may be specified. If a host
has more than one IP address, use a comma-separated list;
- the corresponding names of those nameservers;
- the original creation date of the registration; and
- the expiration date of the registration.
eNom Canada may be required to make this information available in bulk
form to third parties.
eNom Canada may also transfer or assign this information to CIRA or such
other third party as eNom Canada may decide, in eNom Canada's sole
discretion.
- Termination:
You agree that eNom Canada may terminate your use of the .CA Services:
- if you breach or fail to abide by any provision of this Agreement
and/or any of the CIRA operating rules, policies, or dispute resolution
policy;
- if the information that you are obligated to provide, or that you
subsequently modify, or that you are required to update contains false
or misleading information, or conceals or omits any information material
to the decision to register your domain name or the continued provision
of the .CA Services, or is not provided by you;
- if you use the .CA Services for any improper purpose, as determined
by eNom Canada in eNom Canada's sole discretion; or
- for any reason, if eNom Canada provides you with 30 days notice of
termination.
Furthermore, you agree that eNom Canada may suspend, cancel or transfer
your access to the .CA Services in order to correct mistakes made by
eNom Canada or a registry in registering your chosen domain name, or to
resolve a dispute in accordance with a dispute resolution policy. eNom
Canada will not refund any fees paid by you if eNom Canada terminates
your use of or access to the .CA Services.
- Domain Name Disputes.
You agree that, if your use of the .CA Services or the registration of
your domain name is challenged by a third party, you will be subject to
the provisions specified by CIRA in the CIRA dispute resolution policy
in effect at the time of the dispute. You agree that in the event a
domain name dispute arises with any third party, you will indemnify and
hold eNom Canada harmless pursuant to the terms and conditions set forth
below in this Agreement.
- Modifications to Domain Name Application(s).
You agree that in some instances eNom Canada may, but shall not be
required to, make minor (non-substantive) modifications to your domain
name application(s) to ensure that it/they may be registered. You
authorize eNom Canada to make minor modifications to the information
you provide or to make interventions that may be necessary in order to
effectively process your domain name request.
- Transfers:
You agree that if you would like to transfer a domain name registration
to eNom Canada, eNom Canada will provide you with and charge you for one
additional year of registration. When you transfer a domain name to
eNom Canada you represent and warrant that you have the legal authority
to initiate the transfer of the domain name registration(s) and that
the information you provide as part of your domain name transfer is
accurate.
- LIMITATION ON WARRANTIES AND CONDITIONS.
ENOM CANADA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS,
WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF QUALITY OR
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THAT THE .CA
SERVICES WILL BE AVAILABLE AT ALL TIMES DURING THE TERM OF THIS
AGREEMENT OR WITH RESPECT TO FUNCTIONALITY, FREEDOM FROM BUGS OR
VIRUSES, COMPATIBILITY OR OPERABILITY OF A REGISTRY OR THE SERVICES
ACCESSED BY YOU OR WITH RESPECT TO THE SECURITY OF A REGISTRY OR
REGISTRATION SERVICES, INCLUDING WITHOUT LIMITATION, THOSE SERVICES
PROVIDED BY THIRD PARTY SOFTWARE, HARDWARE, INTERNET AND/OR
TELECOMMUNICATIONS OR OTHER SERVICE PROVIDERS OR OTHERWISE WITH RESPECT
TO THE SERVICES PROVIDED HEREUNDER. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICES 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.
- USE OF DOMAIN NAMES.
YOU AGREE THAT ENOM CANADA SHALL NOT BE RESPONSIBLE FOR THE USE OF OR
RIGHT TO USE ANY DOMAIN NAME REGISTERED IN A REGISTRY AND THAT ENOM
CANADA SHALL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY CONFLICT
OR DISPUTE WITH OR ANY CLAIM AGAINST YOU INCLUDING ONE RELATING TO A
REGISTERED OR UNREGISTERED TRADE-MARK, A CORPORATE, BUSINESS OR OTHER
TRADE NAME, RIGHTS RELATING TO A NAME OR OTHER IDENTIFIER OF AN
INDIVIDUAL OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY,
OR RELATING TO DEFAMATION OF OR UNLAWFUL DISCRIMINATION WITH RESPECT TO
ANY OTHER PERSON. YOU ACKNOWLEDGE AND AGREE THAT THE REGISTRATION OF
A DOMAIN NAME DOES NOT CREATE ANY PROPRIETARY RIGHT FOR YOU OR ANY OTHER
PERSON IN ANY NAME USED AS A DOMAIN NAME OR IN ANY DOMAIN NAME
REGISTRATION, AND THE ENTRY OF A DOMAIN NAME IN A REGISTRY IN THE WHOIS
SHALL NOT BE CONSTRUED AS EVIDENCE OF OWNERSHIP OF THE DOMAIN NAME
REGISTERED AS A DOMAIN NAME. YOU SHALL NOT IN ANY WAY TRANSFER OR
PURPORT TO TRANSFER A PROPRIETARY RIGHT IN ANY DOMAIN NAME REGISTRATION
OR GRANT OR PURPORT TO GRANT AS SECURITY OR IN ANY OTHER MANNER ENCUMBER
OR PURPORT TO ENCUMBER ANY DOMAIN NAME REGISTRATION.
- LIMITATION OF LIABILITY.
ENOM CANADA'S AGGREGATE LIABILITY TO YOU INCLUDING FOR ALL BREACHES BY
ENOM CANADA OF THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNT OF ANY
FEES PAID BY YOU TO ENOM CANADA UNDER THIS AGREEMENT.
- ADDITIONAL LIMITATIONS OF LIABILITY.
- IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT
LIABILITY (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL ENOM CANADA OR
ENOM CANADA'S DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND
REPRESENTATIVES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS
OR ANY DAMAGES RESULTING FROM LOSS OF USE, LOST BUSINESS REVENUE,
LOST PROFITS OR THIRD PARTY DAMAGES.
- IN NO EVENT SHALL YOU PURSUE ANY CLAIM AGAINST ENOM CANADA OR
CIRA AND IN NO EVENT SHALL ENOM CANADA OR CIRA BE LIABLE FOR ANY LOSS,
DAMAGE OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL,
INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR
FOR ECONOMIC LOSS OR DAMAGES RESULTING FROM LOSS OF USE, LOST PROFITS,
LOST BUSINESS REVENUE OR THIRD PARTY DAMAGES) ARISING OUT OF, RESULTING
FROM OR IN ANY WAY CONNECTED WITH:
- ANY REGISTRY ACCESS DELAY OR ACCESS INTERRUPTION;
- ANY DATA NON-DELIVERY OR DATA MISDELIVERY;
- ANY UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT;
- ANY ERROR, OMISSION OR MISSTATEMENT IN ANY INFORMATION OR SERVICE
PROVIDED UNDER THIS AGREEMENT;
- THE DELETION OF OR FAILURE TO STORE EMAIL MESSAGES;
- A COMPUTER BUG OR VIRUS OR OTHER SYSTEM MALFUNCTION;
- ENOM CANADA'S FAILURE OR REFUSAL TO PROVIDE SERVICES, INCLUDING
ENOM CANADA'S FAILURE OR REFUSAL TO REGISTER, RENEW OR TRANSFER A
DOMAIN NAME REGISTRATION, ENOM CANADA'S REGISTRATION OF A DOMAIN NAME,
ENOM CANADA'S TRANSFER OF A DOMAIN NAME REGISTRATION, ENOM CANADA'S
FAILURE OR REFUSAL TO MAINTAIN OR MODIFY A DOMAIN NAME REGISTRATION,
ENOM CANADA'S CANCELLATION OF A DOMAIN NAME REGISTRATION FROM A
REGISTRY, OR ENOM CANADA'S FAILURE OR REFUSAL TO PROVIDE THE OTHER
SERVICES;
- ANY INTERRUPTION OR DELAY IN THE PROVISION OF THE OTHER SERVICES;
- THE PROCESSING OF ANY APPLICATION FOR THE REGISTRATION OF A DOMAIN
NAME OR ANY OTHER APPLICATION OR REQUEST, OR PROCESSING OF ANY
AUTHORIZED OR UNAUTHORIZED CHANGES TO YOUR INFORMATION;
- ANY BREACH BY CIRA OF THEIR OBLIGATIONS TO YOU UNDER THEIR
REGISTRANT AGREEMENT WITH YOU OR BY CIRA UNDER ITS REGISTRAR AGREEMENT
WITH ENOM CANADA OR ANY OTHER ACTION OR OMISSION OF CIRA;
- THE APPLICATION OF THE CIRA DISPUTE RESOLUTION POLICY OR COMPLIANCE
WITH ANY ORDER, RULING, DECISION OR JUDGMENT MADE THEREUNDER OR BY ANY
COURT, TRIBUNAL, BOARD, ADMINISTRATIVE BODY, COMMISSION OR ARBITRATOR
AND ANY ACTIONS TAKEN IN CONSEQUENCE THEREOF;
- THE USE OF ANY DOMAIN NAME IN A REGISTRY AND ANY CONFLICT OR
DISPUTE WITH OR ANY CLAIM AGAINST YOU, INCLUDING ONE RELATING TO:
- REGISTERED OR UNREGISTERED TRADE-MARKS;
- BUSINESS NAMES, PARTNERSHIP NAMES, CORPORATE NAMES AND OTHER TRADE
NAMES;
- NAMES OR IDENTIFIERS OF INDIVIDUALS OR GROUPS OR INDIVIDUALS;
- ANY OTHER INTELLECTUAL PROPERTY RIGHTS;
- DEFAMATION OF ANY PERSON; OR
- UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY PERSON.
- INDEMNITY.
You agree to indemnify and save eNom Canada and eNom Canada's directors,
officers, employees, contractors, agents and representatives harmless
from and against any and all damages, liabilities, obligations, losses,
claims, demands, actions, causes of action, lawsuits, penalties, costs
and expenses (including, without limitation, reasonable legal and other
related costs) arising out of or in any way connected with:
- any breach of or non-fulfilment of any covenant or agreement by you
under this Agreement or CIRA's Registrant Agreement;
- your breach of any representation or warranty contained in this
Agreement or CIRA's Registrant Agreement;
- the .CA Services or any other services provided to you hereunder or
the use by you of such services, including without limitation your
violation of any intellectual property or other right of any person and
any defamation of or unlawful discrimination against any person;
- your violation of any of the operating rules or policies relating to
the .CA Services, or
- your actions or omissions.
When eNom Canada is threatened with suit or is actually sued by a third
party, eNom Canada may seek written assurances from you concerning your
promise to indemnify eNom Canada.
- NO GUARANTEE.
You acknowledge and agree that registration of your chosen domain name
does not ensure immunity from objection or challenge to either the
registration or use of your domain name. You further acknowledge and
agree that the terms and conditions of this Agreement are subject to
change at any time due to any rules, requirements, policies, guidelines
or regulations adopted, developed or imposed by CIRA or by law.
Registration of your chosen domain name does not ensure that the
terms of this Agreement will not change.
- YOUR REPRESENTATIONS AND WARRANTIES.
You agree, represent and warrant that:
- the information that you or your agent on your behalf provide during
the application process to register or renew your domain name or to
request or apply for the .CA Services is, to the best of your knowledge
and belief, accurate and complete, and that any future changes to this
information will be provided in a timely manner according to the
modification procedures in place at that time;
- 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;
- you have all requisite power and authority to execute this Agreement
and to perform your obligations hereunder;
- you have the legal capacity to enter into this Agreement; and
- your use of the .CA Services is solely at your own risk, and that
all of the .CA Services are provided on an "as is," and
"as available" basis.
- RIGHT OF REFUSAL.
eNom Canada, in its sole discretion, reserve the right to refuse to
provide you with the .CA Services. You agree that eNom Canada will not
be liable to you for loss or damages that may result from the refusal to
provide you with .CA Services.
- CIRA TERMS.
You agree that:
- CIRA may, at its option, extend any period for the registration of a
.CA domain name at no charge to you or eNom Canada for such further
period of time as CIRA may determine, in its sole discretion;
- neither eNom Canada nor CIRA shall be liable to you for any loss,
damage or expense arising out of CIRA's failure or refusal to register a
.CA domain name, CIRA's failure or refusal to renew a .CA domain name
registration, CIRA's registration of a .CA domain name, CIRA's failure
or refusal to renew a .CA domain name registration, CIRA's renewal of a
.CA domain name registration, CIRA's failure or refusal to transfer a
.CA domain name registration, CIRA's transfer of a .CA domain name
registration, CIRA's failure or refusal to maintain or modify a .CA
domain name registration, CIRA's maintenance of a .CA domain name
registration, CIRA's modification of a .CA domain name registration,
CIRA's failure to cancel a .CA domain name registration or CIRA's
cancellation of a .CA domain name registration from the CIRA registry;
- in no event shall you pursue any claim against CIRA, and in no event
shall CIRA be liable for any direct, indirect, special, punitive,
exemplary or consequential damages including but not limited to damages
resulting from loss of use, lost profits, lost business revenue or
third party damages or arising from any breach by eNom Canada of any
obligations under this Agreement or the Registrar Agreement between
eNom Canada and CIRA;
- registration of your selected .CA domain name in your first
application to CIRA shall not be effective until you have entered into
and agreed to be bound by CIRA's Registrant Agreement, including the
Canadian Presence Requirements. CIRA's form of Registrant Agreement and
the Canadian Presence Requirements are set forth at CIRA's web site
(currently http://www.cira.ca/en/cat_Registration.html);
- in the event that eNom Canada is no longer a CIRA certified
registrar, has its certification as a CIRA certified registrar
suspended or terminated, or in the event the Registrar Agreement between
eNom Canada and CIRA is terminated or expires, you shall be responsible
for changing your registrar of record to a new CIRA certified registrar
within 30 days of the earlier of notice thereof being given to you by:
(i) eNom Canada, or (ii) CIRA in accordance with CIRA's then current
Registration Rules; provided, however, that if any of your .CA domain
name registration(s) is/are scheduled to expire within 30 days of the
giving of such notice, then you shall have 30 days from the anniversary
date of the registration(s), to register with a new CIRA certified
registrar and to renew such .CA domain name registration(s) in
accordance with the Registration Rules;
- you acknowledge and agree that, should there be insufficient funds
prepaid by eNom Canada in the CIRA Deposit Account to be applied in
payment of any fees, CIRA may in its sole discretion stop accepting
applications for .CA domain name registrations from eNom Canada, stop
effecting registrations of .CA domain names and transfers, renewals,
modifications and cancellations of .CA domain name registrations
requested by eNom Canada and stop performing other billable transactions
requested by eNom Canada not paid in full and CIRA may terminate the
Registrar Agreement between CIRA and eNom Canada;
- you shall not, directly or indirectly, through registration or use
of your .CA domain name or otherwise:
- violate or contribute to the violation of the intellectual property
rights or other rights of any other person;
- violate or contribute to the violation of the intellectual property
rights or other rights of any other person;
- unlawfully discriminate or contribute to the unlawful discrimination
of any other person;
- you agree that CIRA shall not be responsible for the use of any .CA
domain name in the CIRA registry and that CIRA shall not be responsible
in any way whatsoever for any conflict or dispute with or any actual or
threatened claim against a registrar or a registrant, including one
relating to a registered or unregistered trade-mark, a corporate,
business or other trade-name, rights relating to a name or other
identifying indicia of an individual or any other intellectual property
rights of a third party or relating to the defamation of or unlawful
discrimination with respect to any other person;
- CIRA shall have the right, at any time and from time to time,
acting reasonably, to amend the Registrar Agreement between eNom Canada
and CIRA, including without limitation, the certification and
re-certification requirements, the Registration Rules, the fees and the
other Rules and Procedures and to adopt new Rules and Procedures not yet
in effect. Any such amendment will be binding and effective on eNom
Canada 30 days after CIRA gives notice of such amendment by e-mail to
eNom Canada. You agree with eNom Canada to promptly amend this Agreement
to reflect any amendments to Section 4.2 of the Registrar Agreement
between eNom Canada and CIRA (relating to registrant terms required by
CIRA);
- you acknowledge and agree that registration of a .CA domain name
does not create any proprietary right for you or any other registrant,
eNom Canada or any other registrar or any other person in the name used
as a .CA domain name or the .CA domain name registration and that the
entry of a .CA domain name in the CIRA registry or in the WHOIS look up
system of the CIRA registry shall not be construed as evidence or
ownership of the .CA domain name registered as a .CA domain name. You
shall not in any way transfer or purport to transfer a proprietary right
in any .CA domain name registration, or grant or purport to grant as
security or in any other manner encumber or purport to encumber a .CA
domain name registration; and
- eNom Canada agrees to immediately give you notice in the event eNom
Canada is no longer a CIRA certified registrar, has its certification as
a CIRA certified registrar suspended or terminated or the Registrar
Agreement between eNom Canada and CIRA is terminated or expires. CIRA
may post notice of such suspension, termination or expiry on its web
site and may, if CIRA deems appropriate, give notice to you thereof.
- ASSIGNMENT.
Your rights under this Agreement are not assignable. eNom Canada may
assign its rights and responsibilities under this Agreement and may
assign, to any third party, including to CIRA or another CIRA authorized
Registrar, on ten (10) days notice to you or as posted on an eNom Canada
or eNom Incorporated web site, the following: (i) your domain name
registration, (ii) all related information and data which you provided,
and (iii) the provision of .CA Services.
- SEVERABILITY.
You agree that the terms of this Agreement are severable. If any term or
provision of this Agreement 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 of this Agreement will remain
in full force and effect.
- JURISDICTION.
This Agreement, and the application or interpretation hereof will be
governed by and construed in accordance with the laws of the Province
of British Columbia, Canada and the parties irrevocably submit to the
personal and subject matter jurisdiction of the Courts of the Province
of British Columbia. Any acceptance of your application for .CA Services
takes place at eNom Canada's offices in Kelowna, British Columbia,
Canada.
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