NATIONAL CA DOMAINS LTD.
Terms & Conditions
This Agreement (the "Agreement") between National
CA Domains Ltd. ("National CA Domains") and you (the "Applicant") contains
the following terms and conditions:
The Applicant will pay the initial registration fee
(as posted on www.cadomains.com) to National CA Domains as soon as the
domain name registration application has been submitted, and the credit
card charges are approved through the appropriate channels.
By submitting a domain name registration application
the Applicant agrees to be bound by this Agreement, the Registration
Agreement as found at http://www.cadomains.com/legal/agreement.php.
All fees paid to National CA Domains are non-refundable
and non-transferable.
Once registered, the Applicant assumes all responsibility
for any future obligations, trademark disputes, maintenance fees etc.
required to maintain or to modify a domain name.
The Applicant warrants to National CA Domains that
the details submitted by the Applicant to National CA Domains are true
and correct, and that future additions or alterations to those details
will be true and correct.
Chargeback Policy: In the event of a disputed credit
card charge resulting in a chargeback of the purchase of a domain name,
National CA Domains reserves the right to suspend all service to the
Applicant's domain until the domain is paid in full.
1. National CA Domains will not guarantee that the
domain name being applied for will be registered for the applicant.
2. Only valid credit cards will be billed automatically
by National CA Domains.
3. National CA Domains will only accept credit card
form of payment to successfuly register domain names.
4. National CA Domains does not accept the responsibility
for the use of any domain name for any conflict with trade marks, registered
or unregistered, or with rights to names in other contexts.
5. National CA Domains will attempt to avoid the registration
of domain names that are potentially disputable, but will not be held
responsible in the event that a dispute does arise. National CA Domains
is entitled to reject an application which National CA Domains considers
as being unsuitable or likely to be involved in a trade mark dispute.
Termination Policy: Any misuse of National CA Domains
resources that disrupts the normal use of the system is strictly prohibited.
Such system abuse may lead to termination of the account without notice.
Examples of such system abuse include, but are not limited to, consuming
excessive amounts of disk storage or main memory or CPU for long periods
of time, spawning many processes that consume resources, or the like.
Any attempts to penetrate National CA Domains security will result in
the termination of the Customer's account(s) without notice, as well
as notification of appropriate law-enforcement and government agencies.
We reserve the right, in extreme circumstances, to
revoke without refund any domain name services which, in our judgment,
has been used for any unlawful purpose, including theft of e-mail service,
or as a source of unsolicited bulk e-mail or as an address to use for
replying to unsolicited bulk email. This policy also applies to Usenet
Spam (off-topic, bulk posting/cross-posting, advertising in non-commercial
newsgroups, etc.). This will not apply to e-mail return addresses used
without the owners knowledge or consent, however.
The Applicant agrees to use the services provided
by National CA Domains only for lawful purposes. The Applicant will not
use these services to conduct any business or activity or solicit the
performance of any activity that is prohibited by law. The following
violations of "netiquette" are grounds for immediate suspension of service
pending investigation by National CA Domains and will result in termination
of the Customer's account(s) if an investigation determines that the
customer has originated or is any way responsible for such violations:
1. Posting a single article or substantially similar
articles to an excessive number of newsgroups (i.e., more than 5) or
continued posting of articles which are off-topic (e.g., off-topic according
to the newsgroup charter or the article provokes complaints from the
readers of the newsgroup for being off-topic) using a National CA Domains
hosted domain.
2. Sending unsolicited mass emails (ie. to more than
10 individuals, generally referred to as Spamming) which provokes complaints
from the recipients.
3. Engaging in Spamming from any provider and using
a National CA Domains hosted domain name as a response address.
4. Harassment of other individuals utilizing the Internet
after being asked to stop by those individuals, a court, a law-enforcement
agency and/or National CA Domains.
5. Impersonating another user or otherwise falsifying
ones user name for fraudulent purposes in email, Usenet postings, on
IRC, or with any other Internet service.
6. Using a National CA Domains hosted domain to point
to or otherwise direct traffic to any material that, in the sole opinion
of National CA Domains, is associated with "email spamming", adult material,
nudity, warez or links to warez material, in violation of copyright law,
material legally judged to be threatening or obscene or any other use
that in the sole opinion of National CA Domains, is considered a misuse
of service.
National CA Domains reserves the right to reject any
email to or passing through a National CA Domains hosted domain or any
National CA Domains computer from any user, domain, provider, IP address/netblock,
or company that engages in, permits, or allows itself to be used for
Spamming as defined above.
A domain name can only be modified/transferred by
one of the contacts listed under the registered domain name. Disputes
between Domain Name Holders and Third Parties: National CA Domains neither
acts as arbiter nor provides resolution of disputes between Applicants
and third party complainants arising out of the registration or use of
a domain name. In case of a dispute as to the rights to a particular
domain name registration, National CA Domains shall have no role or responsibility
other than to provide the contact information to both parties. In the
event of dispute of ownership or control of a domain, Applicant agrees
to be bound by the terms and conditions of the Canadian Internet Registraion
Agency ("CIRA") in force at the time of the dispute. This policy does
not limit the administrative or legal procedures National CA Domains
may use when third-party conflicts arise. National CA Domains shall have
the right to revoke, suspend, transfer or otherwise modify a domain name
registration at such time as National CA Domains receives a properly
authenticated order from a court of competent jurisdiction, or arbitration
award, requiring the revocation, suspension, transfer or modification
of the domain name registration.
Disclaimer: National CA Domains at its sole discretion,
may change the terms, conditions and operation of this Web site (the "Site")
at anytime. By using this service the user agrees to the terms of this
disclaimer and further waives any rights or claims it may have against
National CA Domains.
The content available through the Site is the sole
property of National CA Domains or its advertisers, suppliers or licensors
and is protected by patent, copyright, trademark and other intellectual
property laws. Except as otherwise explicitly agreed in writing, National
CA Domains-owned content received through the Site may be downloaded,
displayed, reformatted and printed for your personal, non-commercial
use only. Content owned by National CA Domains advertisers, suppliers
or licensors may be subject to additional restrictions. You agree not
to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast
or circulate the content received through the Site to anyone, including
but not limited to others in the same company or organization without
National CA Domains's express prior written consent. National CA Domains's
services are not to be resold without prior written permission.
The Applicant hereby agrees to defend, indemnify and
hold harmless (i) National CA Domains, its officers, directors, employees
and agents; (ii) the Internet Corporation for Assigned Names and Numbers
("ICANN"), its officers, directors, employees and agents; (iii) CIRA
and its directors, officers, employees and agents acting in such role,
or such other entity as may come to act as registry, (collectively, the "Indemnified
Parties"), for any claims, action, demand, liabilities, losses, costs,
expenses or damages awarded by a court of competent jurisdiction, including
reasonable legal fees and expenses, arising out of, resulting from or
related to the registration or use of a domain name. Such claims shall
include, without limitation, those based upon trademark or service mark
infringement, tradename infringement, dilution, tortious interference
with contract or prospective business advantage, unfair competition,
defamation or injury to business reputation. Each Indemnified Party shall
send written notice to the Applicant of any such claim, action, or demand
against that party within a reasonable time. The failure of any Indemnified
Party to give the appropriate notice shall not affect the rights of other
Indemnified Parties. National CA Domains recognizes that certain educational
and governmental entities may not be able to provide complete indemnification.
If the Applicant is (i) a governmental or non-profit educational entity,
and (ii) not permitted by law or under its organizational documents to
provide indemnification, the Applicant must notify National CA Domains
in writing and, upon receiving appropriate proof of such restriction,
National CA Domains may provide an alternative provision for such a Applicant.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE
THE NATIONAL CA DOMAINS WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT
ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY,
OR VALIDITY OF THE DATA AND/OR INFORMATION RESIDING ON ANY NATIONAL CA
DOMAINS COMPUTER, OR COMPUTER SYSTEM ACCESSED THROUGH NATIONAL CA DOMAINS.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, NATIONAL CA DOMAINS
SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, INDIRECT,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND, OR
LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE
OR ANY GOODS OR SERVICES PROVIDED, OR ANY LOSS OF OR USE OF CUSTOMERS
DOMAIN NAME, OR INTERRUPTION OF BUSINESS, WHETHER FOR BREACH OF WARRANTY
OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS
ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT
THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE
PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE NATIONAL CA
DOMAINS WEB SITE AND THAT NATIONAL CA DOMAINS MAY FORM PARTNERSHIPS OR
ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE
THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE
AND AGREE THAT AT NO TIME IS NATIONAL CA DOMAINS MAKING ANY REPRESENTATION
OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL
NATIONAL CA DOMAINS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS
ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES.
YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST
NATIONAL CA DOMAINS WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES,
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
National CA Domains reserves the right to interrupt
service periodically, and without notice, for maintenance. National CA
Domains will do its utmost to provide service 24 hours a day, 7 days
a week.
Customers acknowledge and agree that this Policy may
change from time to time and that, upon thirty (30) days posting on the
National CA Domains website, National CA Domains may modify or amend
this Policy and that such changes are binding upon the Customer. If you
do not agree with these terms, conditions, and policies please send email
to support@cadomains.com to terminate your account. Failure to comply
with this Policy may result in termination of your account(s) with no
refunds offered.
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