This Registration Agreement ("Agreement") sets forth the terms and conditions of your .CA domain name registration provided by National CA Domains Ltd. ("National CA Domains" or "Registrar") as well as other National CA Domains domain-related services.

In this Agreement "you" and "your" refer to the .CA domain registrant. "National CA Domains", "we", "us" and "our" refer to National CA Domains. "Services" refers to all services, including domain registrations, provided by National CA Domains. "Domain Name" refers to the .CA domain name you are registering through our website. "Registry" refers to the .CA domain registration system operated by the Canadian Internet Registration Authority (CIRA).

This agreement explains our obligations to you, and explains your obligations to us for various services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional National CA Domains service(s) or to cancel your National CA Domains service(s) (even if we were not notified of such authorization), this agreement covers such service or actions.

By using the services under this Agreement, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of CIRA's Registrant Agreement, this Agreement, the CIRA Dispute Policy when it comes into force, any rules or policies that are or may be published by National CA Domains from time to time, and the rules and regulations set forth by the registry administrators for the respective registries.

This Agreement will become effective upon acceptance by National CA Domains.

National CA Domains may, at its sole discretion, elect to accept or reject any application for registration of a .CA domain name for any reason, including but not limited to, rejection due to a request for registration of a prohibited domain name.

1. WHO WE ARE AND WHAT WE DO

National CA Domains is certified as a registrar of .CA domains by CIRA. CIRA has been granted the right to provide Internet domain registration services by the Internet Corporation for Assigned Names and Numbers ("ICANN") for second-level domain names within the .CA top-level domains.

CIRA oversees the .CA top-level domains. As a certified registrar, National CA Domains is, upon accepting your.CA domain name registration application, your sponsor for that application.

Upon National CA Domains' receipt of domain name registration information from you, National CA Domains shall submit the information to CIRA for the .CA domain for approval and processing. All .CA domain name registrations we register are not effective until we have delivered the domain name registration information you provide us to CIRA, and CIRA then puts into effect the domain name registration.

You agree that National CA Domains is not liable or responsible for any errors, omissions, or other actions by CIRA arising out of or related to your application or receipt of, or failure to receive, a .CA domain name registration. You further agree to indemnify, defend and hold harmless the administrators, directors, officers, employees, and agents of National CA Domains and of CIRA from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your .CA domain name registration.

You acknowledge and agree that National CA Domains cannot guarantee that you will obtain a desired .CA domain name registration, even if an inquiry indicates that domain name is available, since National CA Domains cannot know with certainty whether or not an application for a domain name which you are seeking is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the .CA domain name registration process or related databases maintained by CIRA.

2. WHAT WE DO NOT DO

We cannot and do not check to see whether the .CA domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate whether the .CA domain name you select, or its use, infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your .CA domain name.

You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should also be aware that if we are sued or threatened with lawsuit in connection with your .CA domain name, we may turn to you to hold us harmless and to indemnify us.

3. FEES

As consideration for the services you have selected, you agree to pay National CA Domains the applicable service fee(s). All fees payable hereunder are non-refundable, in whole or in part, even if your .CA domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.

As further consideration for the National CA Domains service(s), you agree to: (1) provide certain current, valid, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, valid, complete and accurate. All such information shall be referred to as account information ("Account Information").

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your.CA domain name registration, you agree and acknowledge that the domain name registration shall be transferred to National CA Domains as the paying entity for that registration to the registry. We will reinstate your.CA domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at $20. You will be notified via an email message and/or via your account information when renewal fees are due. Should these fees go unpaid within the time specified, or in the time frame specified in any additional notices or reminders regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form.

4. TRANSFER OF OWNERSHIP

National CA Domains will consider the entity named as the administrative contact for the.CA domain name at the time the controlling user name and password are secured as the owner of that domain name. In accordance with CIRA policy, a domain name's registrar and owner cannot not be changed until at least 60 days after initial registration. You agree that prior to the effectiveness of any transfer of ownership of your domain name to another entity, you will pay National CA Domains the then-current amount set forth by National CA Domains for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from a third party (such reasonable assurance as determined by National CA Domains in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying National CA Domains the then-current amount set by National CA Domains for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.

5. DISPUTE POLICY

In the event of any dispute with respect to your registered domain name, you agree to be bound by CIRA's Domain Name Dispute Resolution Policy (the "Dispute Policy") when it comes into force, and as it may be amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. CIRA has advised that the Dispute Policy will be found at the CIRA website when it is formally ready sometime in 2001.

You agree that if the registration of your domain name is challenged by a third party you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute.

You also agree that in the event a domain name dispute arises with any third party, you shall indemnify and hold National CA Domains harmless pursuant to the terms and conditions contained in the Dispute Policy.

6. CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY

You acknowledge and recognize that the domain name system and the practice of registering and administering.CA domain names are continuously evolving, and acknowledge and agree that National CA Domains may modify this Agreement and the Dispute Policy as necessary from time to time to comply with its agreement with CIRA and CIRA's obligations to ICANN and any other agreements by which National CA Domains is or will be bound, and to adjust to changing business circumstances.

You agree, during the period of the Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on National CA Domains' web site, or on notification to you by email or mail. You agree to review National CA Domains' web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time providing us with notice by email. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the National CA Domains' services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. Your continued use of the .CA domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. You acknowledge that if you do not agree to any of such changes, you may request that your .CA domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.

7. MODIFICATIONS TO YOUR ACCOUNT

In order to change any of your account information, you must use your Account Identifier and Password that is provided to you by CIRA when you obtain your .CA domain. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

8. .CA DOMAIN NAME REGISTRATION INFORMATION AND ITS USE

Information you are required to Submit As part of the registration process, you are required to submit to National CA Domains and keep updated the following information in connection with your application for .CA domain name registration:

a. the .CA domain name to be registered;

b. the .CA domain name holder's name and mailing address;

c. the name, mailing address, email address, telephone number, and fax number of the administrative contact for the .CA domain name; and

d. the name, mailing address, email address, telephone number, and fax number of the billing contact for the .CA domain name.

e. Canadian presence requirements for registrants as defined at http://www.cira.ca/registrars/documents.html.

You shall provide and maintain updated information at all times with National CA Domains. National CA Domains at its option may refuse to renew any registrations unless you maintain current and updated information at all times.

National CA Domains may from time to time request additional information from you. While not obligated to provide the additional information, you should provide the additional requested information to ensure that you will obtain all the products and services which National CA Domains makes available to.CA domain name registrants.

Additional Information Maintained About your Registration

In addition to the information you provide, we maintain additional information relating to your .CA domain name registration, including:

a. the original creation date of the registration;

b. the date and time the registration application was submitted to us and the appropriate registry;

c. communications constituting registration orders, modifications, or terminations and related correspondence;

d. records of account for your domain name registration, including dates and amounts of all payments and refunds;

e. the IP names and address of the primary name servers and any secondary name servers;

f. the name, mailing address, email address, telephone number, and fax number of the technical contact for the domain name;

g. the name, mailing address, email address, telephone number, and fax number of the zone contact for the domain name;

h. the expiration date of the registration; and

i. other information regarding all other activity regarding your domain name registration and related services.

Obligations Relating to Provided Data

If, in registering a .CA domain name, you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement.

You acknowledge that:

a. willfully providing false or inaccurate information;

b. willfully failing to update information promptly; or

c. failing to respond to National CA Domains' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request;

shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your .CA domain name registration.

Disclosure and Use of Registration Information

You agree to authorize National CA Domains to provide any information to CIRA and ICANN and to other third parties as applicable laws may require or permit. You acknowledge and agree that National CA Domains may make publicly available, or directly available to third party vendors, some or all of the.CA domain registration information provided by you, for purposes of inspection such as through National CA Domains' WHOIS service, for targeted marketing, or for any other purpose as required or permitted by CIRA, ICANN and applicable laws.

In addition, you acknowledge that CIRA and/or ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that National CA Domains may or must make available to the public or to private entities, and the manner in which such information is made available.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of information, updated from time to time and provided in connection with registration of a .CA domain name, whether during or after term of the 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 the .CA domain name registration information.

We will not process any data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. We will have no liability to you or any third party to the extent such reasonable precautions are taken.

9. CIRA POLICY

You agree:

a. that your registration of the Domain Name shall be subject to suspension, cancellation, or transfer pursuant to any CIRA-adopted policy, or pursuant to any Registrar or Registry procedure not inconsistent with a CIRA-adopted policy (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the Domain Name;

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

c. that CIRA shall not be liable to the you 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;

d. that 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 our obligations under any agreement between us and you or the Registrar agreement between CIRA and us;

e. that Registration of your selected Domain Name in its first application to CIRA shall not be effective until you have entered into and agreed to be bound by CIRA's Registrant Agreement;

f. that we shall immediately give notice to you 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 the Registrar Agreement between CIRA and us 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;

g. that 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 CIRA and us 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 the you by (i) us or (ii) CIRA in accordance with CIRA's then current Registration Rules; provided, however, that if any of your 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 Domain Name Registration(s) in accordance with the Registration Rules;

h. that, should there be insufficient funds prepaid by us in our 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 us, stop effecting registrations of Domain Names and transfers, renewals, modifications and cancellations of Domain Name Registrations requested by us and stop performing other billable transactions requested by us if we are not paid in full and CIRA may terminate the Registrar Agreement between CIRA and us;

i. that you shall not, directly or indirectly, through registration or use of your 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;

j. that we and CIRA shall not be responsible for the use of any Domain Name in the Registry and that we and CIRA shall not be responsible in any way whatsoever for any conflict or dispute with or any actual or threatened Claim against us or 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 the defamation of or unlawful discrimination with respect to any other Person;

k. that CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between CIRA and us, 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 email to us. You agree that we will promptly amend the agreement between us and you to reflect any amendments to the registrar agreement between CIRA and National CA Domains; and

l. acknowledge that registration of a Domain Name does not create any proprietary right for you, us 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. 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 a Domain Name Registration.

10. OWNERSHIP OF DATA

You agree and acknowledge that National CA Domains owns all database, compilation, collective and similar rights, title and interests worldwide in our.CA domain name database, and all information and derivative works generated from the domain name database. Additionally, you hereby grant to National CA Domains a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction (other than as set forth in this Agreement) the following information: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services. National CA Domains does not have any ownership interest in your specific personal registration information other than our rights in our domain name database, as set forth in this Section.

11. AGENTS AND LICENSES

You agree that in the event you register a .CA domain name for another entity, you represent that you have the authority to bind that entity as a principal to all term and conditions contained in this Agreement.

You agree that, if an agent for you (i.e., an Internet Service Provider, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

You acknowledge and agree that if you license the use of your registered domain name to a third party, you remain the domain name holder of record and remain responsible for all obligations under this Agreement, including payment obligations, and providing and updating your full contact information, and accurate technical, administrative, billing, and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain registration.

You shall also accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.

12. ANNOUNCEMENTS

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

13. LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any National CA Domains services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). National CA Domains 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 National CA Domains services or for the cost of procurement of substitute services. 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 Information or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service; (7) loss or liability resulting from suspension or loss of your domain registration; (8) loss or liability resulting from events beyond the reasonable control of National CA Domains; (9) loss or liability resulting from processing of an application for domain name registration; and (10) loss or liability resulting from application of the Dispute Policy or any CIRA or ICANN (or similar governmental or successor organization) adopted policies. The registrant agrees that National CA Domains will not be liable for any loss of registration and use of registrant's .CA domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if National CA Domains has been advised of the possibility of such damages. In no event shall National CA Domains' maximum aggregate liability exceed five hundred ($500.00) Canadian dollars.

National CA Domains also will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if National CA Domains has been advised of the possibility of such damages.

National CA Domains shall not, under any circumstances, be liable for any errors, omissions or other actions by the registry administrator arising out of or related to your domain name registration, or failure to receive a domain name registration.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential of incidental damages, in such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. INDEMNIFICATION OF National CA Domains

You agree to defend, release, indemnify, and hold the contractors, agents, employees, officers, directors and affiliates, of National CA Domains, CIRA and ICANN, harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the National CA Domains services provided hereunder or your use of the National CA Domains services, including without limitation infringement by you, or someone else using any National CA Domains' service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any National CA Domains operating rule or policy relating to the service(s) provided. When National CA Domains is threatened with suit by a third party, National CA Domains may seek written assurances from you concerning your promise to indemnify National CA Domains; 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. This indemnification is in addition to any indemnification required under the Dispute Policy.

15. REPRESENTATIONS AND WARRANTIES

You agree and warrant that the information that you provide to us to register or reserve your .CA domain name or register for other 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. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaims 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 the Services 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 the our email service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our email 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 the email service or any transactions entered into through the email service. No advice or information, whether oral or written, obtained by you from us or through the email service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

16. BREACH AND REVOCATION

National CA Domains reserves the right to suspend, cancel, transfer or modify your domain name registration in the event that:

a. you materially breach this Agreement and do not cure such breach within thirty (30) calendar days of notice from National CA Domains;

b. you use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws or customary acceptable usage policies of the Internet;

c. you use your domain name in connection with unlawful activity; or

d. grounds arise for such suspension, cancellation, transfer or other modification as provided in this Agreement.

You agree that we may delete your domain name or terminate your right to use other Services if the information that you provided to register or reserve your domain name or register for other Services, or subsequently to modify it, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register or reserve your domain name. You agree that we may, in our sole discretion, delete or transfer your domain name at any time.

You further acknowledge and agree that your .CA domain name registration is subject to suspension, cancellation or transfer by any CIRA or ICANN procedure, by any registrar (including National CA Domains) or registry administrator procedures approved by a CIRA- or ICANN-adopted policy, or by any other country code top-level domain registry administering procedures to correct mistakes by National CA Domains, another registrar or the registry administrator in administering the name or for the resolution of disputes concerning the domain name.

You also agree that National CA Domains shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as National CA Domains receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

17. OTHER TERMS AND CONDITIONS

Force Majeure. National CA Domains shall not be responsible for any failure to provide any service or perform any obligation because of any act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication services generally, or other similar force beyond its reasonable control.

Non-Waiver. The failure of National CA Domains to require your performance provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by National CA Domains of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Survival. The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not withstanding termination of the Agreement for any reason. However, neither party shall be liable to other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms but each party shall be liable for any damage from any breach by it of this Agreement.

Notice. You agree that any notice or communications required or permitted to be delivered under this Agreement by National CA Domains to you shall be deemed to have been given if delivered in accordance with the contact information you have provided.

Governing Law. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all contemplated by this Agreement shall be governed by the laws of the Province of British Columbia as if this Agreement was a contract wholly entered into and wholly performed within Canada. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the National CA Domains site shall be brought exclusively in the Supreme Court of British Columbia.

Legal Fees. If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought against National CA Domains, National CA Domains shall be entitled to recover reasonable legal fees, costs and disbursements, in addition to any other relief to which National CA Domains may be entitled.

Assignment. You shall not assign, sub-license or transfer your rights or obligations under this Agreement to any third party without the prior written consent of National CA Domains.

Infancy. You attest that you are of legal age to enter into this Agreement.

18. GENERAL

Entire Agreement. This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.

Amendment in Writing This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of National CA Domains.

Further Assurances. The parties here in shall execute such further and other documents and instruments and take such further and other actions as may be necessary to carry out and give full effect to the transactions contemplated by this Agreement.

Relationship of the Parties. Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.

Joint and Several Obligations. If any party consists of more than entity, their obligations here under are joint several.

No Third Party Beneficiaries. This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.

Successors and Assigns. This Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

Severability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. National CA Domains will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of National CA Domains as reflected in the original provision.