Web Hosting, Domain Names and Web Design Services by Hyper Web Host

Please read the Terms of Use and Services Agreement below.

TERMS OF USE & SERVICES AGREEMENT

1. Introduction. The Internet is not a "law-free" zone and you have a responsibility to be aware of your relationship with the provider of this Website. The terms "you" and "your" refer to a registrant or user of the services provided on this document or through this Website. The terms "Hyper Web Host", "Solar Media", "we", "us" and "our" refer to Solar Media Inc. dba Hyper Web Host, an independent company operating and managing this Website and providing domain name and other services (the "Services"). The term "Website" refers to this website. 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. The term "ICANN" refers to the Internet Corporation for Assigned Names and Numbers. CIRA, ICANN and other domain name registration authorities are referred to as "Registry Authorities".

2. Use Restriction. You will not provide us with false information and you must get all the necessary consents for the information provided to us. You will not use this Website for any unlawful purpose or in any way that violates the rights of others. By submitting a query to the database or using the search functions on this Website, you agree that you will use this data only for lawful purposes and that, under no circumstances will you use this data 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) we withhold the right to deactivate and/or deregister your domain name(s).

3. Revisions. You expressly acknowledge and agree that we may update, amend or revise these terms and conditions and impose further terms and conditions from time to time. You agree to review these terms and conditions 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 Website. You expressly acknowledge and agree that we may introduce or impose further terms and conditions in respect of any service including .CA domain name Services supplied through this Website, at any time, in our sole discretion. You expressly acknowledge and agree that we may, without limiting the generality of the foregoing:

a. charge you fees, including renewal fees in respect of the registration of your domain name whether the domain name was registered before or after the introduction of these terms and conditions;

b. modify our fees and charge you any fees required of us by Registry Authorities, including late fees;

c. introduce terms and conditions in respect of the Services, any information we collect from you, and we may introduce a dispute resolution policy: and

d. change part of the 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 Services. By continuing to use the 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 these terms and conditions, your continued use of your domain name will evidence your agreement to: (i) the terms and conditions of this Agreement, (ii) our right 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.

4. Registration of Domain Name. Your application for or use of the Services or access to or use of your domain name will evidence your agreement to be bound by the terms and conditions of this Agreement and any other applicable rules or policies that are or may be published by us or by Registry Authorities. Your eligibility for a domain name will depend on your fulfillment of the required criteria established by the Registry Authorities. Registration of your domain name is conditional on the Registry Authorities acceptance of your domain name registration application. The performance of any services by us in connection with your application will occur at our main office in Surrey, British Columbia.

a. Agents: When you submit your application for a domain name through an agent (e.g., another website operator, Internet Service Provider, employee, etc.) or any other third party who requests, applies for, purchases or otherwise acquires the Services on your behalf, 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 Services or to modify or cancel the Services, this Agreement covers any such Services or actions.

b. Availability of Domain Names: The information we provide to you about the availability of domain names is obtained from third parties. Although we strive to ensure that the information is accurate, we cannot guarantee its accuracy or currency when provided or thereafter. If you apply to register a domain name that we indicate is available, we will notify you by email if the domain name is not registered for lack of availability or otherwise.

c. Fees, Payment and Term of Registration Service. In consideration of the Services, you agree to pay to us:

i. the applicable service(s) fees set forth on the invoice, and/or on the Website at the time of your application for the Services;

ii. all fees charged to us in connection with the Services provided to you, including all fees charged by the Registry Authorities for the registration or renewal of your domain name, all late renewal fees, transfer fees, fees for failure to accept the CIRA Registrant Agreement, and any such other fees as may be stipulated by the Registry Authorities from time to time.

iii. For domain name registrations of more than one year, unless otherwise stipulated, Hyper Web Host will pay on your behalf to the registry the required registry fees until the term you have purchased expires or Hyper Web Host is no longer your registrar.

(Collectively the "Fees")

All Fees are due immediately and are non-refundable, except if a domain name cannot be registered for lack of availability or otherwise in which case a refund will be credited by same means of payment. Unless otherwise specified, the Registration Service provided to you is for a one-year initial term and may be renewable thereafter for successive one-year terms. Any renewal of your Services with us is subject to the then current terms and conditions, including required information updates, and payment of all applicable Fees at the time of renewal and/or our and CIRA's acceptance of your renewal of the .CA domain name registration.

Information Required: In further consideration of the Services, you agree to:

iv. provide to us certain current, complete and accurate information about you as required by the application process; and

v. maintain and update this information as needed to keep it current, complete and accurate.

We rely on this information for our records and to send you important information and notices regarding your account and the Services. We are entitled to request and you agree to provide to us annual updates to the information provided, within 10 days of the annual anniversary date of your initial registration. We reserve the right to terminate this Agreement for failure to provide the updates requested under this paragraph. All information you provide us will be subject to our privacy policy which you can review at http://www.solarmedia.ca/privacy.html

d. 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 to us as part of the Services. You further agree to provide such notice and obtain such consent with regard to any third party personal data or information 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 nor for your providing outdated, incomplete or inaccurate information.

e. Disclosure: In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by the Registry Authorities or any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:

i. the domain or sub-domain name(s) registered by you;

ii. your organization name, type and postal address;

iii. 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);

iv. 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;

v. the corresponding names of those nameservers;

vi. the original creation date of the registration; and

vii. the expiration date of the registration.

We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to Registry Authorities or such other third party as we may decide, in our sole discretion.

f. Termination by Registrant: You may terminate this Agreement at any time by providing us with a notice, signed by an authorized signatory of the Registrant, by regular mail or fax addressed as follows:

Mailing address:
Hyper Web Host
c/o Solar Media Inc.
201-15225 Thrift Avenue
White Rock, BC V4B 2K9
Canada

Fax number
(604) 574-5644

Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are non-refundable, but you will not incur any additional fees after the date of termination. Termination of this Agreement may result in de-registration or cancellation of your domain name registration.

g. By Us: You agree that we may terminate your use of the Services:

i. if you breach or fail to abide by any provision of this Agreement, any of the Registry Authorities operating rules or policies or dispute resolution policy;

ii. if you fail to respond for within fifteen (15) calendar days to any inquiries from us;

iii. if you fail to pay any Fees due under this Agreement;

iv. if the information that you are obligated to provide to apply for your domain name or use the Services, 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 Services, or is not provided by you;

v. if you use the Services for any improper purpose, as determined by us in our sole discretion; or

vi. for any reason, if we provide you with 30 days notice of termination.

Furthermore, you agree that we may suspend, cancel or transfer your access to the Services in order to correct mistakes made by us or a registry in registering your chosen domain name, or to resolve a dispute in accordance with a dispute resolution policy. We will not refund any fees paid by you if we terminate your use of or access to the Services.

h. Domain Name Disputes. You agree that, if your use of the Services or the registration of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry Authorities in their 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 us harmless pursuant to the terms and conditions set forth below in this Agreement.

i. Other Services: Domain Forwarding, Domain Gripping, Domain Parking, Email Channeling, Webhosting and DNS Services (collectively, the "Other Services") are additional services provided by us for additional separate fees.

Domain Forwarding
Subscribers to this Service can automatically redirect visitors to their domain to a designated Web site. The domain/URL of the destination Web site will be displayed in the address field of the visitor's Internet browser.

Domain Gripping
Subscribers to this Service can redirect visitors to their domain to a designated Web site, and cause their domain to be displayed in the address field of the visitor's Internet browser.

Domain Parking
Subscribers to this Service can connect their domain to one of three pre-designed Webpages.

Email / Email Channeling
Subscribers to this Service can create e-mail addresses associated with their domain and automatically channel (redirect) e-mail sent to those addresses to other working e-mail addresses. Email Channeling does NOT provide an e-mail account or mailbox that may be used to store or send e-mail.

Webhosting
Subscribers to this Service can host their Website on our servers in accordance with the selected Webhosting package. Webhosting Services are subject to this Agreement

DNS Services
Subscribers to this Service can select from the following options: IP Pointing - which points a domain to a selected specific static IP address; Full/Primary DNS - we provide primary and secondary nameservers for up to 100 host names for a domain; and Secondary DNS Services - we provide secondary name server services. DNS Services might not be compatible with other Other Services, such as Domain Parking, Domain Forwarding or Email Channeling.

Fees for Other Services are based upon the service term you select. If the expiry date of your domain is more than one year from the date of subscription, the minimum service term is one year. If the expiry date of your domain is less than one year from the date of subscription, the minimum service term is until the current domain expiry date. Fees for Other Services are non-refundable if you cancel the Service before the end of the service term.

IP Pointing (DNS Service), Domain Forwarding, Domain Gripping, Domain Parking, and Email Channeling are generally activated within 24 to 48 hours after we receive payment for the Service. Full/Primary DNS and Secondary DNS Services are generally activated within two (2) business days after we receive payment for the Service.

Other Services are available only for domains that use our DNS servers ("NS1.HYPERWEBHOST.CA", "NS2.HYPERWEBHOST.CA" , "NS1.HYPERWEBHOST.COM", and "NS2.HYPERWEBHOST.COM" or other such servers as determined by us) as the DNS hosts for the domain.

Your use of Other Services is subject to all of the terms and conditions applicable to our Services generally.

Without limiting the generality of the foregoing, Other Services are provided on an "as is" and "as available" basis, your use of Other Services is entirely at your own risk, and Hyper Web Host makes no express or implied representations, warranties or conditions about the reliability of the Other Services or the accuracy of transcribing any information required to implement the DNS services.

Hyper Web Host reserves the right to change (including fee changes) or terminate any of the Other Services at any time without any prior notice.

You acknowledge and agree that you have made every effort to ensure that your domain does not infringe any third party's intellectual property rights (including without limitation trademarks, service marks and copyrights), and that by using our Services you assume all associated legal risks and will indemnify and save and hold Hyper Web Host and all of its directors, officers, employees, contractors and associates harmless from and against any and all claims arising from, connected with, or relating to your use of our Services. We shall not be responsible in any way whatsoever for any conflict or dispute with, or any claim against, you in connection with your use of any of our Services. We will not take the role of mediator in any dispute over the sale of a domain.

You acknowledge and agree that you will not use our Services in connection with any Web site:

i. that contains material that is or could be considered to be unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

ii. that contains material that impersonates any person or entity, including, but not limited to, a Hyper Web Host official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity;

iii. that forges any headers, manipulates identifiers, or otherwise disguises the origin of any Web site or material transmitted through the Domain Forwarding Service or the development of restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

iv. that contains material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

v. that contains material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party;

vi. that posts or transmits any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

vii. that is the intended beneficiary of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

viii. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

ix. that intentionally or unintentionally violates any applicable local, state, national or international law; or

x. that promotes or provides instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals, including without limitation providing instructions on how to create or assemble weapons or munitions.

j. Modify. You agree that in some instances Hyper Web Host may be required to make minor modifications to your domain name application to ensure that it is registered . You authorize Hyper Web Host to make minor modifications to the information you provide to us or to make interventions that may be necessary in order to effectively process your domain name request.

k. Transfers: You agree that if you would like to transfer a domain to us, we will provide you with and charge you for one additional year of registration. When you transfer a domain name to us 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.

l. Prebooking

Hyper Web Host will batch and submit to CIRA, the .CA Registry, prebooking applications for "to be released" .CA domain names as released and posted by CIRA.
Prebooking does not guarantee registration. A prebooked domain that is not successfully registered is refunded in full within 2 weeks of the date CIRA released the domain name. Currently, no additional fees are charged for prebooking service but Hyper Web Host reserves the right to announce fee changes at a later date.

Registrant agrees that all prebooked domains will be automatically parked if the domains are successfully registered. Registrant will be notified by e-mail if prebooked domain has been successfully registered. Registrant will then be able to login to his/her account and choose additional services such as Domain Forwarding, E-mail Channeling or Webhosting for the successfully registered domains.

Date of release and the content of the domains listed in the To Be Released list are subject to change by CIRA and Hyper Web Host does not guarantee the accuracy of the To Be Released Domain List posted on our site.

Hyper Web Host reserves the right to provide priority status to customers who have cumulatively prebooked 400 or more domains (number of domains subject to change without notice).

m. Automatic Renewal Service:

Our Automatic Renewal Service is provided upon request by you to help prevent the unwanted expiration of selected domain name registrations and certain related Other Services. The Automatic Renewal Service will be provided only if you actively subscribe for the Automatic Renewal Service for specified domain names and certain related Other Services. If you have subscribed to the Automatic Renewal Service, you can cancel the service by providing instructions by contacting our customer service.
If you have subscribed to the Automatic Renewal Service for a domain name, we will attempt to renew the domain name registration by submitting a registration renewal request to the applicable Registry Authority approximately 30 days before the date on which the domain name registration is set to expire. We will request that the Registry Authority renew the domain name registration for the greater of one (1) year or the minimum registration renewal period allowed by the Registry Authority.
If the domain name registration renewal request is accepted by the applicable Registry Authority, we will automatically renew, for the same period of time as the domain name registration renewal, all of the related Other Services specified in your Automatic Renewal Service request that are then provided to you in connection with the renewed domain name.
Once the automatic renewals are completed, we will attempt to notify you by sending an email to your current email address on file. If we are unable to process the renewal request for any reason (including invalid credit card information) we will attempt to notify you by sending a non-renewal notice to your current email address on file.
Applicable Fees at our then-current rates for renewals of domain name registrations and Other Services will be charged to your credit card on file with us for your account. We are not obligated to renew or attempt to renew your domain name registrations and related Other Services if your credit card information on file with us is not current or is not accepted according to our payment processing systems. If for any reason we are not able to take the payment for all applicable Fees from the credit card you have on file with us for your account, and you fail to respond to our non-renewal notice, the domain name registration will expire and the related Other Services will not be renewed. It is solely your responsibility to keep your credit card information and email address current.
The Automatic Renewal Service is provided as a convenience only, and does not guarantee any renewals. All requests for domain name registration renewals are subject to acceptance by the relevant Registry Authority. Domain name registrations and Other Services renewed using the Automatic Renewal Service are subject to all applicable Hyper Web Host’s’ terms and conditions and the terms and conditions of the relevant Registry Authority.
If a domain name registration and Other Services are automatically renewed, you may cancel the renewed domain name registration and Other Services at any time, but the Fees for the renewed domain name registration and Other Services are not refundable.
Whether or not you use our Automatic Renewal Service, you are solely responsible and liable for ensuring that your domain name registrations and Other Services are renewed before the applicable expiration dates. You can determine the expiration dates of your domain name registrations and Other Services by contacting our customer service. If your domain name registrations are not renewed in a timely manner, the domain name registrations and Other Services will be cancelled. HYPER WEB HOST IS NOT RESPONSIBLE OR LIABLE FOR PROVIDING YOU WITH ANY NOTICE REGARDING THE EXPIRATION OF ANY DOMAIN NAME REGISTRATIONS OR SERVICES OR FOR THE CANCELLATION OR NON-RENEWAL OF ANY DOMAIN NAMES OR SERVICES. This disclaimer is in addition to any other disclaimers, exclusions and limitations in these or other applicable terms and conditions.

n. Requests for Services: Information on the Website regarding the Services (including domain name registrations) is an invitation to apply for Services, and not an offer to provide the Services. Your properly completed and submitted application for Services constitutes your offer to purchase the Services referenced in your application. We will accept your offer only when we confirm that the requested Services will be provided, or in the case of domain name registrations that the domain name has been registered.

5. Notices and Announcements. You authorize us to notify you as the Registrant of information that we deem is of potential interest to you. Notices and announcements may include:

a. important announcements or information relating to your domain name, domain name registration, renewals or other information as may be necessary for Hyper Web Host to conduct its business as your registrar;

b. commercial e-mails and other notices describing new products and services or other information and/or other relevant matters. If you do not wish to receive such bulk e-mail solicitation notices or announcements you will be provided the option to be removed from mailing lists as described in 5.b.

6. Limitation on Warranties and Conditions. WE MAKE NO REPRESENTATION, WARRANTY OR CONDITION, 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 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 THIS WEBSITE OR 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.

7. Use of Domain Names. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR THE USE OF OR RIGHT TO USE ANY DOMAIN NAME REGISTERED IN A REGISTRY AND THAT WE 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 IDENTIFYING INDICIUM 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.

8. Limitation of Liability. OUR AGGREGATE LIABILITY TO YOU INCLUDING FOR ALL BREACHES BY US OF THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNT OF ANY FEES PAID BY YOU TO US UNDER THIS AGREEMENT.

9. Additional Limitations of Liability.

a. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL WE OR OUR 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.

b. IN NO EVENT SHALL YOU PURSUE ANY CLAIM AGAINST US, IMHOSTED OR REGISTRY AUTHORITIES AND IN NO EVENT SHALL WE, IMHOSTED OR REGISTRY AUTHORITIES 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:

i. ANY REGISTRY ACCESS DELAY OR ACCESS INTERRUPTION;

ii. ANY DATA NON-DELIVERY OR DATA MISDELIVERY;

iii. ANY UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT WITH US;

iv. ANY ERROR, OMISSION OR MISSTATEMENT IN ANY INFORMATION OR SERVICE PROVIDED UNDER THIS AGREEMENT;

v. THE DELETION OF OR FAILURE TO STORE EMAIL MESSAGES;

vi. A COMPUTER BUG OR VIRUS OR OTHER SYSTEM MALFUNCTION;

vii. OUR FAILURE OR REFUSAL TO PROVIDE SERVICES, INCLUDING OUR FAILURE OR REFUSAL TO REGISTER, RENEW OR TRANSFER A DOMAIN NAME REGISTRATION, OUR REGISTRATION OF A DOMAIN NAME, OUR TRANSFER OF A DOMAIN NAME REGISTRATION, OUR FAILURE OR REFUSAL TO MAINTAIN OR MODIFY A DOMAIN NAME REGISTRATION, OUR CANCELLATION OF A DOMAIN NAME REGISTRATION FROM A REGISTRY, OR OUR FAILURE OR REFUSAL TO PROVIDE THE OTHER SERVICES;

viii. ANY INTERRUPTION OR DELAY IN THE PROVISION OF THE OTHER SERVICES;

ix. THE PROCESSING BY US OF ANY APPLICATION FOR THE REGISTRATION OF A DOMAIN NAME OR ANY OTHER APPLICATION OR REQUEST, OR OUR PROCESSING OF ANY AUTHORIZED OR UNAUTHORIZED CHANGES TO YOUR INFORMATION;

x. ANY BREACH BY REGISTRY AUTHORITIES OF THEIR OBLIGATIONS TO YOU UNDER THEIR REGISTRANT AGREEMENT WITH YOU OR BY CIRA UNDER ITS REGISTRAR AGREEMENT WITH US OR ANY OTHER ACTION OR OMISSION OF THE REGISTRY AUTHORITIES;

xi. THE APPLICATION OF THE REGISTRY AUTHORITIES DISPUTE RESOLUTION POLICY OR THE 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;

xii. THE USE OF ANY DOMAIN NAME IN A REGISTRY AND ANY CONFLICT OR DISPUTE WITH OR ANY CLAIM AGAINST YOU, INCLUDING ONE RELATING TO:

A. REGISTERED OR UNREGISTERED TRADE-MARKS;

B. BUSINESS NAMES, PARTNERSHIP NAMES, CORPORATE NAMES AND OTHER TRADE NAMES;

C. NAMES OR INDICIA OF INDIVIDUALS OR GROUPS OR INDIVIDUALS;

D. ANY OTHER INTELLECTUAL PROPERTY RIGHTS;

E. DEFAMATION OF ANY PERSON; OR

F. UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY PERSON.

10. Indemnity. You agree to indemnify and save us and our 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:

a. any breach of or non-fulfillment of any covenant or agreement by you under this Agreement; or

b. your breach of any representation or warranty contained in this Agreement;

c. the 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;

d. your violation of any of the operating rules or policies relating to the Services, or

e. your actions or omissions.

11. When we are threatened with suit or are actually sued by a third party, we may seek written assurances from you concerning your promise to indemnify us.

12. 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 Registry Authorities or by law. Registration of your chosen domain name does not ensure that the terms of this Agreement will not change.

13. Your Representations and Warranties. You agree, represent and warrant that:

a. the information that you or your agent on your behalf provide to us during the application process to register or renew your domain name or to request or apply for the Services is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time;

b. 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;

c. you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; and you have the legal capacity to enter into this Agreement.

d. You agree that your use of the Services is solely at your own risk. You agree that all of the Services are provided on an "as is," and "as available" basis.

14. Right of Refusal. We, in our sole discretion, reserve the right to refuse to provide you with the Services. You agree that we will not be liable to you for loss or damages that may result from the refusal to provide you with Services.

15. CIRA Terms. You agree that:

a. CIRA may, at its option, extend any period for the registration of a .CA domain name at no charge to you or us for such further period of time as CIRA may determine, in its sole discretion;

b. neither we 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;

c. 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 us of any obligations under this Agreement or the Registrar Agreement between us and CIRA;

d. 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. CIRA's form of Registrant Agreement is set forth at CIRA's website (currently http://www.cira.ca/registrars/documents.html);

e. in the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated or in the event the Registrar Agreement between us 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) us, 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 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;

f. you acknowledge and agree that, should there be insufficient funds prepaid by us 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 us, stop effecting registrations of .CA domain names and transfers, renewals, modifications and cancellations of .CA domain name registrations requested by us and stop performing other billable transactions requested by us not paid in full and CIRA may terminate the Registrar Agreement between CIRA and us;

g. you shall not, directly or indirectly, through registration or use of your .CA domain name or otherwise:

i. violate or contribute to the violation of the intellectual property rights or other rights of any other person;

ii. defame or contribute to the defamation of any other person; or

iii. unlawfully discriminate or contribute to the unlawful discrimination of any other person;

h. 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 indicium’s 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;

i. CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between us 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 us 30 days after CIRA gives notice of such amendment by e-mail to us. You agree with us to promptly amend this Agreement to reflect any amendments to Section 4.2 of the Registrar Agreement between us and CIRA;

j. you acknowledge and agree that registration of a .CA domain name does not create any proprietary right for you or any other registrant, us 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 AWHOIS@ 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

k. we agree to immediately give notice to you in the event we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated or the Registrar Agreement between us and CIRA is terminated or expires. CIRA may post notice of such suspension, termination or expiry on its website and may, if CIRA deems appropriate, give notice to you thereof;

16. Ownership. We own all content of this Website, which is protected by copyright, trademark and other intellectual property laws.

17. Trademarks. Trademarks or names mentioned on this Website are the trademarks of their respective owners. You are prohibited from doing anything to infringe or prejudice rights of trademark owners. The display of trademarks or names on this Website does not create any licence or other rights in these marks or names.

18. Links & Endorsement. This Website may contain links to other websites. Those websites are not under our control and we do not endorse and is not responsible for anything on those websites, including text, images, graphics, e-mail, alerts, notifications, executable applications, software, underlying HTML, or other content, services and other policies including privacy policies, if any, offered through those websites by the providers of those websites. Please review the terms and conditions and policies, if any, of those websites.

19. Assignment. Your rights under these terms and conditions are not assignable. We may assign our rights and responsibilities under these terms and conditions and may assign, to any third party, including a Registry Authority on ten (10) days notice to you or as posted on this Website, the following: (i) your domain name registration, (ii) all related information and data which you provided to us, and (iii) the provision of Services.

20. 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.

21. Jurisdiction. This Website is a British Columbia Website, and 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 attorn to the personal and subject matter jurisdiction of the Courts of the Province of British Columbia. Any acceptance of your application for Services takes place at our offices in White Rock, British Columbia, Canada.

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