CanReg.com Domain Name Registration Agreement


1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to CanReg.com, a division of Infinet Communications Group Inc. ("CanReg.com"). "CIRA" refers to the Canadian Internet Registration Authority, the governing body for canadian ".ca" domain names. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting CanReg.com 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 CanReg.com's service(s) or to modify or cancel your CanReg.com 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 in Vancouver, British Columbia, 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 responsiblity to safeguard your password. You accept full responsibility for modifications made to your domain or any services related to it.

3. VARIOUS SERVICES. Paragraphs 1 through 26 are applicable to any and all of the services you have chosen. Paragraphs 27 are required by CIRA and apply to .ca domain names that you have chosen. The terms and conditions set forth in paragraphs at the end of this Agreement apply only to customers who have selected CanReg.com's or CanReg.com's affiliates services other than our domain name registration services ("additional services").

4. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services you have selected, you agree to pay CanReg.com 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. CanReg.com may take all remedies available to collect fees owed. If you qualify, we may extend payment terms to you. The term of each of your registered domain(s) is from the date of purchase up to the "Renewal Date" as described in each domain's record at CIRA. The term of any additional services is indivdually described in their respective Paragraphs in this agreement. 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 reregistration, CIRA's acceptance of your domain name registration. We will notify you prior to when your term is about to expire. You will then be given the option of renewing any and/or all of your services you have selected. Renewal rates will be the effective rates at the time of renewal.

5. ACCURATE INFORMATION. As further consideration for the CanReg.com service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. Our privacy statement, located on our Web site at http://www.CanReg.com/privacy-statement.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 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. 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. 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: (i) the purposes for which such third party's personal data has been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You futher 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 nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of 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. 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 CanReg.com the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) 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.

6. 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 part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on CanReg.com's Web sites, or upon notification to you by e-mail or postal mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. This agreement may be found at the URL http://www.canreg.com/agreement_registrant.html. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal mail addressed as follows, Attention: Customer Service Department, CanReg.com, PO Box 45055 RPO Ocean Park, Surrey, British Columbia, Canada, V4A 9L1

. 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 nonrefundable, but you will not incur any additional fees. By continuing to use CanReg.com's services after any revision to this Agreement or change in service(s), 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 by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of CanReg.com is authorized to alter or amend the terms and conditions of this Agreement.

7. 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 CanReg.com. Please safeguard your Account Number and Password or 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.

8. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, you agree to be bound by CIRA's Uniform Domain-Name Dispute-Resolution Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the dispute policy may be found at CIRA's Web site: http://www.cira.ca/. Please take the time to familiarize yourself with that policy.

9. 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 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. We will not refund any fees paid by you if you terminate your Agreement with us.

10. 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 our dispute 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. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

11. AGENTS. You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the dispute policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she 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 fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your domain name record incorrectly.

12. 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, BUT NOT LIMITED TO, 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 at support@CanReg.com.

13. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any CanReg.com's 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). CanReg.com and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the CanReg.com services or for the cost of procurement of substitute services. Because some states and provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability that you may incur in connection with 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 reregistration fee; or (9) loss or liability as a result of the application of our dispute policy.

14. INDEMNITY. You agree to release, indemnify, and hold CanReg.com, in our capacities as a registrar, and 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, of third parties relating to or arising under this Agreement, the CanReg.com services provided hereunder or your use of the CanReg.com's services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided. 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.

15. BREACH. You agree that your failure to abide by any provision of this Agreement, any CanReg.com operating rule or policy, the dispute policy, or your willful provision of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your domain name registration may be considered by us to be a material breach and that we may provide a written notice, 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 and/or terminate the other CanReg.com service(s) you are using without further notice. We will not refund any fees paid by you if we terminate 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.

16. NO GUARANTY. You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.

17. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) 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 CanReg.com's service(s) 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, (ii) 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, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iv) you have selected the necessary security option(s) for your domain name registration record, and (v) 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.

18. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY 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 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 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.

19. REVOCATION. You agree that we may terminate your contractual right to use our service(s) if the information that you are obligated to provide to register your domain name or register for other CanReg.com service(s), or that you 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 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 registration services in order to: (i) correct mistakes made by us or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate your services.

20. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen domain name or register you for other CanReg.com service(s), or to 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 administration fees that are applicable. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, the deletion your domain name or refusal to register you for other CanReg.com service(s).

21. DOMAIN TRANSFERS. For in-bound transfers of existing domains from another Registrar over to CanReg.com, you agree that you are responsible for verifying the accuracy of your domain information prior to transferring it to us. You also agree that you are responsible for any exit fees or penalties that your previous Registrar may impose on you and your domains. We do not impose any exit fees for out-bound transfer of domains from CanReg.com over to another Registrar. For all domain transfers, you understand and agree that CIRA has specified a series of steps which must be completed within 7 days in order to successfully complete a transfer. You agree that CIRA may require you and/or the previous registrant (if any) of the domain you are transferring to approve various steps of the transfer process.

22. POWER OF ATTORNEY. You hereby constitute and appoint CanReg.com as your true and lawful attorney to take any and all action(s) necessary or desirable to obtain, maintain, renew or cancel the registration of your chosen domain name, including, without limitation, any action required to add to, delete, update or correct any or all information regarding the domain name or to comply with or respond to any requests of the registrar received by CanReg.com relating to the domain name. This power of attorney is granted to CanReg.com and, being coupled with an interest, shall not be revocable by you for any reason prior to the termination of this agreement.

23. 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.

24. ENTIRETY. You agree that this Agreement, the rules and policies published by us, 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 dispute policy and the privacy statement supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

25. 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.

26. 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 British Columbia, Canada, excluding its conflict of laws rules. Except for disputes concerning or arising from your use of a domain name registered with us, you and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the Courts of the Province of British Columbia, Canada. If there is no jurisdiction in the Courts of the Province of British Columbia, Canada, then jurisdiction shall be in the Federal Court of Canada. You agree that any action, suit or application will be brought and heard at the City of Ottawa.

27. AGREEMENT TO BE BOUND. By applying for a CanReg.com or an affilates service(s) through our online application process or by applying for and registering a domain name as part of our application process or by using the service(s) provided by CanReg.com or it's affiliates under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by CanReg.com.

28. CIRA CLAUSES. The following clauses are required by CIRA (Canadian Internet Registration Authority) to be in this agreement. For the purposes of the following clauses, you are refered to as the "Registrant" and CanReg.com as the "Registrar". You agree to all of the following clauses: (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.

29. URL FORWARDING. URL Forwarding ("URL Forwarding") is an extra service provided by us for an additional separate fee. If you have paid this fee to subscribe to our URL Forwarding service, we will provide you with the capability to forward visitors to a domain name residing on CanReg.com DNS servers to a Web site designated by you (a "forward to address") during the term of this service. The remainder of this clause applies to you if you have subscribed to this service. The URL Forwarding service term is 1 calendar year from the date which you pay for and activate the service. This term is unrelated to the length of term for your domain. You agree and acknowledge that we can only provide the URL Forwarding service when you set our DNS servers ("NS1.CANREG.COM" and "NS2.CANREG.COM") to be the DNS hosts for your domain(s). You agree and acknowledge your use of the URL Forwarding service is entirely at your own risk, and that CanReg.com makes no implied or express warranties about the reliability of the URL Forwarding service or Web sites created using the URL Forwarding service. You further agree and acknowledge that CanReg.com is not responsible for any damage caused by loss of access to, or deletion or alteration of User Web Sites. You further agree that we reserve the right to terminate the URL Forwarding service to you at any time without any prior notice. We will not refund any fees paid by you if we terminate your services. You acknowledge and agree that you may not use URL Forwarding to forward to any User Web Sites: (1)that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (2)that impersonates any person or entity, including, but not limited to, a CanReg.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3)to forge any headers or other manipulation of identifiers in order to disguise the origin of any User Web Site transmitted through the URL 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); (4)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); (5)that contains content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (6)that posts or transmits any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (7)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; (8)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; (9)that intentionally or unintentionally violate any applicable local, state, national or international law (10)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. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

30. PRE-BOOKING SERVICE. Domain PRE-BOOKING ("pre-booking") is an extra service provided by us. Domains that have expired are placed by CIRA in a suspended state ("SUSPD") for 30 days. During this period, the previous registrant may still choose to renew the domain. After the 30 days, if the domain was not renewed by the previous registrant, it enters a to-be-released ("TBR") state for 6 hours, in which CIRA's systems prepare the domain for release back to the general pool. We have developed an optimised system of accepting pre-bookings, which then rapidly attempts to register such pre-bookings once the domains have been released back to the general pool. You understand and agree that CIRA will reject pre-booking registration attempts if your registrant record is not active. You understand and agree that if you are creating a new registrant record with CIRA, you must confirm CIRA's legal documents in order to make your new registrant record active. You understand and agree that we do not and cannot guarantee that we will be successful in obtaining registrations for pre-bookings. You explicitly understand and agree that if the previous registrant performs a late-renewal on a domain, the pre-booking is immediately considered as unsuccessful, with no further recourse. There is no extra fee for such a service, other than payment in full required up-front for the domain. If we are successful in registering your pre-booked domain, the payment will be considered as having been applied to the registration of your domain. If we are unable to register your pre-booked domain, we will send an email to the administrative contact with an exchange code. This exchange code may be used on a 1-for-1 exchange for a new domain. Alternatively, you may instead use this exchange code to request for a refund. You agree to a CDN$1 (one dollar) handling fee for processing your refunds. For example, if you paid $32.05 for a pre-booking, then the refund amount will be $31.05. We usually process refunds directly to your credit card. Please allow up to 3-4 weeks for such refunds to be reflected in your credit card statement. We also reserve the right to issue refunds by cheque instead, and reserve the right to group multiple refund requests from the same registrant account into a single cheque.

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