CO.CA POLICIES, RULES, AND
CO.CA Domain Name Policy
- Effective Date: February 12, 2005)
1. Your Representations: By
applying to register a domain name, or by asking us to maintain or
renew a domain name registration, you hereby represent and warrant to
us that (a) the statements that you made in your Registration Agreement
are complete and accurate; (b) to your knowledge, the registration of
the domain name will not infringe upon or otherwise violate the rights
of any third party; (c) you are not registering the domain name for an
unlawful purpose; and (d) you will not knowingly use the domain name in
violation of any applicable laws or regulations. It is your
responsibility to determine whether your domain name registration
infringes or violates someone else's rights.
In addition you agree that you will not use this domain for spamming purposes or illegal uses.
2. Fees and Payment:
All fees are payable immediately upon submission of an application or
other request for service. Submission of a registration or other
request for service constitutes an agreement to pay all fees in full.
There will be a charge of $150 for all Non Sufficent Funds Cheques, stop payment orders or credit card refusal to pay.
The ownership of the domain shall remain with the reseller until such times as all fees are paid in full.
All fees paid to
Registration authorities by us on your behalf are not refundable to us
and therefore cannot be returned to you. The portion of your fees
payable to us are also not refundable except in the exceptional
situation where we are unable to provide services to you.
As part of the registration process you state you have the legal right
to apply for domain either for your own use or the use of a third party
for whom you are acting as agent and agree that the application for or
granting of a domain does not confer any additional rights than you
currently have for that domain.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any CO.CA Registry Inc.
Operator, or pursuant to any reseller procedure not
inconsistent with a Canadian government-adopted policy, to correct
mistakes by us or the applicable reseller in registering the name or
for the resolution of disputes concerning the domain name.
You further agree to hold us
harmless from any action taken against you, the applicable registration
authority, any of our suppliers and/or us as a result of your
CO.CA in our sole discretion, reserves the right to refuse to
register or reserve your chosen domain name or register you for other
Services. In the event we do not register or reserve your domain name
or register you for other Services, or we delete your domain name or
other Services within such thirty (30) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not be liable to
you for loss or damages that may result from our refusal to register,
reserve, or delete your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name following
registration if we believe the registration has been made possible by a
mistake, made either by us or by a third party. We also reserve the
right to suspend a domain name during resolution of a dispute.
Additionally you agree that this agreement does not confer any
protection from objection to the registration or use of this domain.
4. DISCLOSURE AND USE OF
REGISTRATION INFORMATION. You agree and acknowledge that we will make
domain name registration information you provide available to resellers,
to the .CO.CA Operator, and to other third parties as applicable. You
further agree and acknowledge that we may make publicly available, or
directly available to third party vendors, some, or all, of the domain
name registration information you provide, for purposes of inspection
(such as through our Domain Lookup service) or other purposes as required or
permitted by applicable laws. You hereby consent to any and
all such disclosures and use of information provided by you in
connection with the registration of a domain name (including any
updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and
all claims and causes of action you may have arising from such
disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us
through your RSP. We will not process data about any identified or
identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations which we describe
in this Agreement. We will take reasonable precautions to protect the
information we obtain from you from our loss, misuse, unauthorized
accessor disclosure, alteration or destruction of that information.
5. Should we be unable to supply services to you, our sole obligation is to return any applicable fees to you.
6. Information: You agree that you have the right or acquired the right to provide us
with the information reguired on the application. You warrant that the
information is accurate as required in the application process. You
further agree to update the information as required.
We will protect the supplied information according to our privacy
policy. We will not be responsible for loss of information as a result
of acts of unauthorized persons or by use of your systems or services.
7. Changes to Agreement:
We reserve the right to modify this agreement from time to time to time
or changes the services provided at any time. Continued use of our
services after such changes will constitute you acceptance of the new
By registering a domain you agree to be bound by the applicable
Domain Name Dispute Resolution Policy now in effect and as
amended from time to time. That policy is considered part of this
agreement. Continued use of your domain and our services will
constitute your acceptance of the modified policy.
In addition you agree to be bound by the Dispute
Resolution Policy (“Dispute Policy”) as presently written and posted on
http://www.registry.co.ca/cocapoliciesdisputeres.html and as shall be amended from
time to time. You acknowledge that if you do not agree to any
such modifications, you may request that your domain name be deleted
from the domain name database.
The agent affirms that they have notified the appropriate people of their obligations under this policy.
If you should breach this agreement, we reserve the right to terminate
the agreement. Any outstanding fees remain payable. Our obligation to
you will terminate upon notification to you by electronic mail, postal
mail or phone.
You agree that failure to abide by any provision of this Agreement
including but not limited to any failure to abide by .CO.CA Registration
Requirements, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach. If 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. 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.
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed
to the email address of the registrant, the administrative, billing or
technical contact appearing in the "Domain Lookup" directory with respect to a
domain name concerning the accuracy of contact details associated with
the registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name registration. Any
information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this
We shall not be responsible for any damages whatsoever, either direct
or indirect, special or consequntial damages resulting from the use of
our services or our failure to provide services through access delays,
or interruptions, non delivery or misdirected delivery of data, acts of
God, acts of unauthorized person, misuse of your account or password or
the use or misuse of your domain or systems.
You agree to release, indemnify, defend and hold harmless CO.CA and any
of our (or their) contractors, agents, employees, officers, directors,
shareholders, service providers, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and
expenses, relating to or arising out of (a) this Agreement or the
breach of your warranties, representations and obligations under this
Agreement including without limitation, infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided.
In the event that action is taken against us by a third party related to a domain
submitted by you, you agree to provide written assurance to us concerning your promise to indemnify us and that you will pay all costs including reasonable attorney fees and other costs required to defend ourselves; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
12. Disclaimer of Warranty:
We do not warranty under any circumstances expressed or implied, that
our services will meet your requirements, that our service will be
uninterrupted, secure, timely or free from errors. Retrieval of
information to your systems as part of our services is done solely at
your risk. Nothing we say or do will constitute a warranty of any