The "applicant" is the person submitting the application.
The "Registrar" is "CA Registry".
The "Registry" is "CIRA".
The "Registrant" is the organization named in the applicant's application.
By clicking on "Submit" to electronically forward this application for processing, the applicant represents and warranties that they are authorized by the named organization which approved this application including the choice of electronic identity, and that the organization has the legal right to the .CA domain applied for and will take all necessary measures to support such, saving CIRA and "CA Registry" harmless in the event of any dispute."
The applicant agrees to be fully responsible for and will promptly pay the fees and taxes incurred by submitting this application for processing plus any additional collection, bank, or accounting costs, should such be necessary. The applicant and registrant agree in advance to immediate de-registration of any subdomain(s) resulting from this application, without notice or recourse, if all payable fees are not received by the Registrar in a timely manner.
The applicant agrees that the Registrar's total liability is limited to the amount of the fee paid by the applicant for a specific service.
The applicant understands that CIRA may decline registration for any given .CA domain, that the Registrar has no control over CIRA's decisions, and agrees that the Registrar has no liability for decisions made by CIRA.
The applicant understands that CIRA requires confirmation by the Administrative contact of record for the applied-for .CA domain and agrees that they will ensure necessary confirmation of the transaction with CIRA within the time specified by CIRA. The applicant agrees that there is no cause for a fee refund should that confirmation not be received by CIRA as CIRA requires.
Without effect on the above, the Registrar (CA Registry) agrees that the Registrant may transfer to a different Registrar at any time subsequent to registration, with no penalty payable to the Registrar. CIRA and the new Registrar may charge transfer or other fees.
Notwithstanding the above, as required by CIRA, the Registrant further agrees that the following shall be in force, pursuant to ARTICLE 4 of the CIRA "REGISTRAR'S AGREEMENTS WITH REGISTRANTS":
4.1 Registrant Agreement. The Registrar shall enter into a written agreement or an electronic agreement which is equivalent at law to a written agreement with each of its Registrants of record. No such agreement shall contain any terms that are inconsistent with, or that in any way, modify, override, limit, contradict or cancel the terms and conditions of the Registrant Agreement, nor shall any agreement between the Registrar and the Registrant contain any terms and conditions that prevent a Registrant from changing Registrars at any time. To the extent that any provision of an agreement between the Registrar and a Registrant contravenes the provisions of this Section 4.1, the Registrar hereby agrees that the requirements of this Section 4.1 shall prevail and be binding on the Registrar for the benefit of the Registrant. Where the Registrar is also a Registrant, and uses the services of the Registrar to register a Domain Name, the Registrar shall not be required to enter into such agreement with itself, but shall as a Registrant be deemed to have covenanted and agreed with CIRA as provided in Section 4.2, and shall enter into a Registrant Agreement with CIRA as required by the Registration Rules.
4.2 Provisions in Registrant Agreement. The following provisions shall be included in any agreement between the Registrar and any such Registrant:
(a) CIRA may, at its option, extend any period for the registration of a Domain Name at no charge to the Registrar or the Registrant for such further period of time as CIRA may determine, in its sole discretion;
(b) The Registrant agrees that CIRA shall not be liable to the Registrant for any loss, damage or expense arising out of CIRA's failure or refusal to register a Domain Name, CIRA's failure or refusal to renew a Domain Name Registration, CIRA's registration of a Domain Name, CIRA's failure or refusal to renew a Domain Name Registration, CIRA's renewal of a Domain Name Registration, CIRA's failure or refusal to transfer a Domain Name Registration, CIRA's transfer of a Domain Name Registration, CIRA's failure or refusal to maintain or modify a Domain Name Registration, CIRA's maintenance of a Domain Name Registration, CIRA's modification of a Domain Name Registration, CIRA's failure to cancel a Domain Name Registration or CIRA's cancellation of a Domain Name Registration from the Registry;
(c) In no event shall the Registrant 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 the Registrar of its obligations under any agreement between the Registrar and a Registrant or the Registrar Agreement between CIRA and the Registrar;
(d) Registration of the Registrant's selected Domain Name in its first application to CIRA shall not be effective until the Registrant has entered into and agreed to be bound by CIRA's Registrant Agreement;
(e) The Registrar shall immediately give notice to the Registrant in the event that the Registrar is no longer a CIRA certified registrar, has had its certification as a CIRA certified Registrar suspended or terminated or the Registrar Agreement between CIRA and the Registrar 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 the Registrant thereof;
(f) In the event that the Registrar is no longer a CIRA certified registrar, has had its certification as a CIRA certified registrar suspended or terminated or in the event the Registrar Agreement between CIRA and the Registrar is terminated or expires, each Registrant shall be responsible for changing its registrar of record to a new CIRA certified registrar within 30 days of the earlier of notice thereof being given to the Registrant by (i) the Registrar or (ii) CIRA in accordance with CIRA's then current Registration Rules; provided, however, that if any of the Registrant's Domain Name Registration(s) is scheduled to expire within 30 days of the giving of such notice, then the Registrant shall have 30 days from the anniversary date of the registration(s), to register with a new CIRA certified registrar and to renew such Domain Name Registration(s) in accordance with the Registration Rules;
(g) The Registrant acknowledges and agrees that, should there be insufficient funds prepaid by the Registrar in the CIRA Deposit Account to be applied in payment of any Fees, CIRA may in its sole discretion stop accepting applications for Domain Name Registrations from the Registrar, stop effecting registrations of Domain Names and transfers, renewals, modifications and cancellations of Domain Name Registrations requested by the Registrar and stop performing other billable transactions requested by the Registrar not paid in full and CIRA may terminate the Registrar Agreement between CIRA and the Registrar;
(h) The Registrant shall not, directly or indirectly, through registration or use of its 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;
(i) The Registrant agrees that CIRA shall not be responsible for the use of any Domain Name in the 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 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;
(j) CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between CIRA and the Registrar, 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 the Registrar 30 days after CIRA gives notice of such amendment by email to the Registrar. The Registrar and the Registrant agree to promptly amend the agreement between the Registrar and the Registrant to reflect any amendments to Section 4.2 of the Registrar Agreement between CIRA and the Registrar; and
(k) The Registrant acknowledges and agrees that registration of a Domain Name does not create any proprietary right for any Registrant, the Registrar or any other Person in the name used as a Domain Name or the Domain Name Registration and that the entry of a Domain Name in the Registry or in the "WHOIS" look up system of the Registry shall not be construed as evidence or ownership of the Domain Name registered as a Domain Name. The Registrant 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 a Domain Name Registration.