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ARTICLES 4-6     
ARTICLE 7,8     
ARTICLES 9-11     

CIRA REGISTRAR POLICIES, PROCEDURES AND GUIDELINES



REGISTRANT AGREEMENT

(RPPG 05-20010716-00015 Version 1.2 Amended July 16, 2001)

This Agreement is between you (the "Registrant") and Canadian Internet Registration Authority ("CIRA").
RECITALS
A. CIRA has approved the application of the Registrant's Registrar for the registration of one or more Domain Names in the Registry in the name of the Registrant (or the application by the Registrant's Registrar for the Registrant to become a Registrant in accordance with this Agreement in order to facilitate the transfer of an existing Domain Name Registration from an existing registrant to the Registrant);
B. This Agreement sets forth the terms and conditions which govern the registration in the Registry by CIRA of Domain Name(s) in the name of the Registrant from time to time, including any registration of a Domain Name in the name of the Registrant on the completion of a transfer of a Domain Name from an existing registrant to the Registrant pursuant to this Agreement (collectively, the "Domain Name Registrations"); and
C. Capitalized terms used in this Agreement have the meaning given to them in this Agreement, including in Section 1.2. In consideration of the registration by CIRA in the name of the Registrant of the Domain Name Registrations from time to time and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, CIRA and the Registrant agree as follows:

ARTICLE 1
INTERPRETATION


1.1 Application. This Agreement between the Registrant and CIRA applies to all Domain Name Registrations registered in the name of the Registrant which are registered in the Registry from time to time.
1.2 Definitions. In this Agreement:
(a) "Affiliate" means, with respect to any Person, any other Person who directly or indirectly controls, is controlled by, or is under direct or indirect common control with such Person, and includes any Person in like relation to an Affiliate. A Person is deemed to control another Person if such Person possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of such other Person, whether through the ownership of voting securities, by contract or otherwise; and the term "controlled" has a corresponding meaning;
(b) "Agreement" means this Agreement including the Rules and Procedures (as defined in Section 3.1(a)), as it or they may be amended or supplemented from time to time;
(c) "Business Day" means any day other than a Saturday, a Sunday or any day on which banks are generally not open for business in the City of Ottawa, Ontario;
(d) "Domain Name" means a .ca domain name or sub-domain name;
(e) "Operational Transfer Date" means the date that CIRA takes over the operation and control of the .ca domain name registry from the University of British Columbia, which date is expected to be on or as soon as practicable after November 1, 2000;
(f) "Person" includes an individual, a corporation, a partnership, a trust, an unincorporated organization, association or club, the government of a country or any political subdivision thereof, or any agency or department of any such government, any of the individuals or entities listed in the Canadian Presence Requirements for Registrants (as defined in Section 3.1(a)(ii)) and the executors, administrators or other legal representatives of an individual in any of such capacities;
(g) "Registrant's Registrar" means each Registrar which is authorized to apply on behalf of the Registrant, in accordance with the Rules and Procedures for the registration of a Domain Name and the renewal, transfer, modification and cancellation of, and to effect other requests and transactions with respect to, a Domain Name Registration, including any Registrar which is the Registrar of record in the Registry for a Domain Name Registration;
(h) "Registrars" means the Persons from time to time certified by CIRA to offer Domain Name registration services within the .ca Internet Domain Name system in accordance with the Rules and Procedures; and
(i) "Registry" means the .ca Internet Domain Name registry to be operated by CIRA commencing on the Operational Transfer Date.

ARTICLE 2

REGISTRATIONS OF DOMAIN NAMES; TRANSFERS, RENEWALS,
MODIFICATIONS AND CANCELLATIONS OF DOMAIN NAME REGISTRATIONS
BY THE REGISTRANT; CHANGES OF REGISTRARS


2.1 Registrations of Domain Names.
(1) The Registrant acknowledges and agrees that applications for the registration of a Domain Name (other than applications for registration made on behalf of Existing Registrants pursuant to Section 2.1(3)) shall be made only by the Registrant's Registrar on behalf of the Registrant in accordance with the rules, policies, regulations and procedures adopted by CIRA from time to time and set forth at CIRA's website (currently at http://www.cira.ca/registrars/documents.html) as amended and supplemented by CIRA from time to time (the "Registration Rules").
(2) Complete applications for the registration of a Domain Name (other than applications made on behalf of Existing Registrants pursuant to Section 2.1(3)) shall be processed by CIRA and Domain Names shall be registered by CIRA, in each case in accordance with the Registration Rules. CIRA, in its sole discretion, shall have the right to reject any application for the registration of a Domain Name and refuse to register any Domain Name for any reason whatsoever with no liability of CIRA whatsoever to the Registrant, the Registrant's Registrar or any other Person. CIRA will give notice to the Registrant's Registrar by email if CIRA so rejects such application.
(3) Each registrant (an "Existing Registrant") of a Domain Name in the .ca registry operated by the University of British Columbia ("UBC") will be required to apply to CIRA, through a Registrar, to register such Domain Name with CIRA in the Registry in accordance with the Pre- Operational Transfer Date Registration Policies set out at CIRA's website (currently at http://www.cira.ca/registrars/documents.html (the "Pre-OTD Registration Rules")). If an Existing Registrant had a third or fourth level Domain Name registered in the registry operated by UBC as at August 1, 2000, then such Existing Registrant may apply to CIRA, through a Registrar, to upgrade such third or fourth level Domain Name to a second level Domain Name in the Registry in accordance with the Pre-OTD Registration Rules.
(4) Commencing 30 days after the Operational Transfer Date, the Registrant's Registrar will be permitted to apply to CIRA on behalf of a Registrant for the upgrade of any third or fourth level Domain Name registered in the name of the Registrant to a second level Domain Name in the Registry in accordance with the Registration Rules.
(5) After the Operational Transfer Date, CIRA will continue to accept applications for the registration of new third and fourth level Domain Names under provincial and territorial sub-domains and their official municipal sub-domains in accordance with the Registration Rules.
(6) The Registrant shall, in each application for registration of a Domain Name, through the Registrant's Registrar, select a registration period for the registration of a Domain Name from one (1) to ten (10) years from the date of the registration of the Domain Name (the "Registration Period"); provided that the Registration Period for the registration of a Domain Name which was registered in the .ca registry operated by UBC prior to the Operational Transfer Date: (i) shall be equal to the number of years selected by the Existing Registrant plus the period from the month and date of registration with CIRA of the Domain Name until the month and date of the next anniversary date of the original date of registration in the UBC registry; and (ii) will not exceed ten (10) years from the date of registration in the Registry. CIRA may, at its option, extend the Registration Period of any Domain Name Registration for such further period as CIRA may determine, at no additional charge to the Registrant's Registrar, by giving notice to the Registrant and the Registrant's Registrar.
2.2 Renewals, Transfers, Modifications, Cancellations and Other Transactions .
(1) The Registrant acknowledges and agrees that a renewal, transfer, modification or cancellation of, and any other request or transaction with respect to, a Domain Name Registration shall be made only by the Registrant's Registrar with respect to such Domain Name Registration on behalf of the Registrant in accordance with the Registration Rules in force at the time of receipt by CIRA of any completed application or request for the renewal, transfer, modification or cancellation of a Domain Name Registration or other request or transaction with respect to a Domain Name Registration.
(2) The Registration Period of any Domain Name Registration may be renewed for a period of one to ten years as selected by the Registrant through the Registrant's Registrar in accordance with the Registration Rules.
2.3 Changes of Registrar.
(1) The Registrant may change its Registrant's Registrar with respect to a Domain Name Registration at any time in accordance with the Registration Rules; provided that if the Registrant changes Registrars it will continue to be bound by its obligations under its agreement with its original Registrar in accordance with such agreement.
(2) In the event that a Registrant's Registrar is no longer a Registrar, has had its certification as a Registrar suspended, revoked or terminated, or in the event the registrar agreement between CIRA and the Registrant's Registrar (the "Registrar Agreement") is terminated or expires, the Registrant shall be responsible for changing such Registrant's Registrar to a new Registrar in accordance with the Registration Rules within 30 days of the earlier of notice thereof being given to the Registrant by (i) the Registrant's Registrar or (ii) CIRA in accordance with CIRA's then current Rules and Procedures; provided, however, that if any of the Registrant's Domain Name Registrations is scheduled to expire within 30 days of the giving of such notice, then the Registrant shall have an additional 30 days from the anniversary date of such registration to register with a new Registrar. If the Registrant wishes to renew such Domain Name Registration, the Registrant will be required to do so through its new Registrant's Registrar in accordance with the Registration Rules.
2.4 Right of CIRA to Verify Information and Compliance. CIRA is entitled at any time during the Term of this Agreement (as defined in Section 5.1) to verify the accuracy and completeness of any information provided by the Registrant to CIRA, whether through any of the Registrant's Registrars or otherwise, including without limitation the information provided by the Registrant through any of the Registrant's Registrars in any application to CIRA for the registration of a Domain Name or in connection with the transfer, renewal, modification, maintenance or cancellation of a Domain Name Registration and any other request or transaction with respect to a Domain Name Registration (collectively, the "Applications") and the compliance by the Registrant with the provisions of this Agreement (including the Rules and Procedures (as defined in Section 3.1(a)). The Registrant shall cooperate with CIRA in connection with such verification (which shall be conducted in such manner as is deemed reasonable by CIRA and in accordance with the Rules and Procedures) and shall give and shall cause the Registrant's Registrar to give, CIRA and its agents and representatives such assistance and access to and copies of such information and documents in any or all media regarding, and access to the premises of, the Registrant as CIRA may reasonably request in order to enable CIRA to complete such verification. CIRA shall be responsible for its own expenses incurred in connection with any such verification and the Registrant shall be responsible for any expenses the Registrant or the Registrant's Registrar incurs in complying with this Section 2.4. The Registrant agrees to promptly execute and deliver to CIRA any authorizations required to permit the verifications of CIRA under this Section 2.4.
2.5 User Code and Passcode. The Registrant acknowledges receipt from CIRA of a user code number and password. The user code number and password shall be used only by the Registrant to log on to a website specified in an email from CIRA in order to (i) review and agree to be bound by this Agreement including, without limitation, the Rules and Procedures and (ii) to confirm to CIRA, in accordance with the Registration Rules, certain information, requests and transactions. The Registrant acknowledges and agrees that the use and continued use of the user code number and password by the Registrant is the equivalent of the due execution and delivery by the Registrant of (i) this Agreement and (ii) any other confirmations to CIRA of requests and transactions in accordance with the Registration Rules.

ARTICLE 3
CERTAIN REGISTRANT OBLIGATIONS

3.1 Certain Registrant Obligations. Throughout the Term of this Agreement, the Registrant shall:
(a) comply with and observe all rules, policies, regulations and procedures of CIRA applicable to Registrants in existence and which CIRA may adopt from time to time, as amended and supplemented by CIRA from time to time, including, without limitation, the following (collectively, the "Rules and Procedures"):
(i) the Registration Rules;
(ii) CIRA's policy regarding Canadian presence requirements for Registrants set forth on CIRA's website (currently at http://www.cira.ca/registrars/documents.html (the "Canadian Presence Requirements for Registrants");
(iii) the Pre-OTD Registration Rules; and
(iv) the Dispute Resolution Policy when it comes into effect; as such Rules and Procedures may be amended or supplemented by CIRA from time to time, which Rules and Procedures are and shall be deemed to be part of this Agreement. Such Rules and Procedures shall be available for review by the Registrant at CIRA's website (currently at http://www.cira.ca/registrars/documents.html);
(b) in accordance with the Rules and Procedures, submit to CIRA through the Registrant's Registrar all information which CIRA may require be submitted in connection with the registration of a Domain Name, the renewal, transfer, cancellation or modification of a Domain Name Registration and any other request or transaction with respect to a Domain Name Registration;
(c) promptly give notice to CIRA, through the Registrant's Registrar, of any change to any information provided to CIRA from time to time by the Registrant or the Registrant's Registrar, including in connection with any application for the registration of a Domain Name, any renewal, transfer, cancellation or modification of a Domain Name Registration or any other request or transaction with respect to a Domain Name Registration (collectively, the "Registrant Information");
(d) comply with and observe all applicable international, federal, provincial and local laws and regulations and other laws of applicable governmental authorities ("Applicable Laws");
(e) prior to providing any Registrant Information to CIRA through the Registrant's Registrar, obtain the written consents of individuals whose personal information will be held in the Registry where required by Applicable Laws;
(f) at all times ensure that the Registrant Information is complete and accurate, communicate to the Registrant's Registrar (for communication to CIRA) any changes to the Registrant Information and promptly confirm to CIRA when CIRA so requests in accordance with the Registration Rules that the Registrant Information is complete and accurate;
(g) immediately give notice to CIRA of any pending or threatened claim, demand, action, cause of action, proceeding, lawsuit, investigation or application ("Claim") in relation to any Domain Name Registration (or any judicial requests or orders to produce documents or information obtained from or supplied to the Registry) that became known to the Registrant;
(h) not, directly or indirectly, violate or contribute to the violation of the intellectual property rights or other rights of any other Person;
(i) not engage in any direct or indirect activity which is designed to bring, or may have the effect of bringing, the Registry into disrepute or which interferes with CIRA's operations;
(j) act in good faith towards CIRA;
(k) not, directly or indirectly, defame or contribute to the defamation of any other Person;
(l) not, directly or indirectly, unlawfully discriminate or contribute to the unlawful discrimination of any other Person;
(m) not allow any third party to use or operate any Domain Name Registration registered in the name of the Registrant and not register any Domain Name as agent for, or on behalf of, any third party in any manner whatsoever, including without limiting the generality of the foregoing, for purposes of lending, leasing, licensing or otherwise granting rights in such Domain Name Registration to any third party for monetary or non-monetary consideration unless such third party:
(i) otherwise qualifies under the Registration Rules and the Canadian Presence Requirements for Registrants; or (ii) is an Affiliate of the Registrant. For this purpose, "third party" means any Person other than CIRA and the Registrant;
(n) be wholly responsible for the use and operation of any third, fourth, or further sub-level domain to any second level Domain Name Registration in the Registrant's name and the Registrant shall ensure that the use and operation of any such sublevel domain is conducted in compliance with this Agreement; and
(o) not use any trade-mark, trade-name or symbol of CIRA or any trade-mark, trade- name or symbol likely to be confused therewith.
3.2 Fees. The Registrant acknowledges that the Registrant's Registrar is obligated to pay to CIRA the registration fees for each Domain Name Registration, any applicable renewal fees, transfer fees and any other fees payable in connection with a Domain Name registration. The fees which are payable by Registrars to CIRA (the "Fees") are set forth at http://www.cira.ca/registrars/documents.html, as amended by CIRA from time to time. The Registrant acknowledges and agrees that, should there be insufficient funds prepaid by any Registrant's 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 such Registrant's Registrar, stop effecting registrations of Domain Names and transfers, renewals, modifications and cancellations of Domain Name Registrations requested by such Registrant's Registrar and stop performing other billable transactions requested by such Registrant's Registrar not paid in full and CIRA may: (i) terminate the Registrar Agreement between CIRA and such Registrant's Registrar; and (ii) cancel or suspend the relevant Domain Name Registration in accordance with Article 6 hereof.
3.3 Alternative Dispute Resolution Procedure. The Registrant acknowledges that CIRA is developing a Domain Name alternative dispute resolution procedure (the "Dispute Resolution Procedure"), which procedure will be set forth at CIRA's website once it comes into effect. The Dispute Resolution Procedure shall be binding and effective on the Registrant in accordance with Section 3.1 and shall become effective in accordance with Article 10. When the Dispute Resolution Procedure is binding and effective, it shall be deemed to form part of the Rules and Procedures.
3.4 No Conflict. The Registrant shall not enter into any agreement with any Registrar or any other Person that is inconsistent with, or in any way, modifies, affects, overrides, limits, contradicts or cancels the terms and conditions of this Agreement. To the extent that the provisions of any such agreement with the Registrant's Registrar contravene the provisions of this Agreement, the Registrant hereby agrees that the provisions of this Agreement shall prevail and be binding on the Registrant for the benefit of CIRA.


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