4.1 Consent to Use of Registrant Information. The Registrant
hereby grants to CIRA the right to disclose to third parties through the
Registry the following information: (a) each Domain Name Registration in
the name of the Registrant; (b) the Registrant's name, postal address and
email address; (c) the Registrant's "Pretty Good Privacy" ("PGP") public
encryption key, if the Registrant elects to use PGP encrypted email when
communicating with CIRA; (d) the name(s), postal address(es), email
address(es), telephone number(s) and where available, the fax number(s) of
the technical and administrative contacts for each Domain Name Registration
of the Registrant; (e) the Internet Protocol Number of the primary name
server and secondary name server(s) for each Domain Name Registration;
(f) the corresponding names of those name servers;
(g) the registration date of each Domain Name Registration;
(h) whether the Domain Name Registration has been suspended or is in the process
of being transferred;
(i) the expiration date of each Domain Name Registration of the Registrant; and
(j) the name of the Registrant's Registrar responsible for each Domain Name
Registration of the Registrant.
4.2 Personal Information of Registrant. Except as set forth in this Agreement, personal
information pertaining to the Registrant belongs to the Registrant and shall not be collected or used by
CIRA except for the reasonable purposes of the operation of the Registry and the Rules and Procedures or
in accordance with Applicable Laws.
ARTICLE 5
TERM
5.1 Term. The term of this Agreement (the "Term") shall
commence effective upon the date that the Registrant enters into this
Agreement with CIRA and shall continue in force unless terminated as set out
herein.
ARTICLE 6
RIGHTS AND REMEDIES OF CIRA AND THE REGISTRANT
6.1 Cancellation within 30 Days. CIRA, in its sole discretion,
shall have the right to cancel a Domain Name Registration for any reason
whatsoever within 30 days of the date the Registrant enters into this
Agreement with CIRA with no liability of CIRA to the Registrant, the
Registrant's Registrar or any other Person. CIRA will give notice to the
Registrant's Registrar by email of the cancellation of a Domain Name
Registration under this Section 6.1. 6.2 Cancellation by CIRA of Domain
Name Registrations. CIRA may, in its sole discretion and at its sole option,
in accordance with the Registration Rules, cancel a Domain Name Registration
in the event that: (a) the Registrant Information concerning such Domain
Name Registration contains false, misleading or inaccurate information;
(b) a Registrant's Registrar fails to pay to CIRA when due any Fees
payable by the Registrant's Registrar with respect to a Domain Name
Registration under the Registrar Agreement between the Registrant's Registrar
and CIRA; (c) the Registrant breaches any term of this Agreement,
including, without limitation, any of the Rules and Procedures and fails,
within five (5) Business Days after the receipt of a notice from CIRA to
remedy such breach; (d) the Registrant at any time fails to meet one of
the Canadian Presence Requirements for Registrants; (e) the Registrant
disrupts or abuses CIRA's Registry services as determined by CIRA in its sole
discretion, acting reasonably; (f) the Registrant allows any third party
to use or operate any Domain Name Registration or registers a Domain Name as
agent for, or on behalf of, a third party in any manner whatsoever which
contravenes Section 3.1(m) of this Agreement; (g) CIRA, acting
reasonably and on the advice of counsel, determines that a Domain Name that
is the subject of a Domain Name Registration may be defamatory or a court or
tribunal determines that a Domain Name that is the subject of a Domain Name
Registration is defamatory; or (h) the designation by the government of
Canada of CIRA to manage, operate and control the Registry is terminated or
CIRA is no longer recognized at the international level as having the
exclusive authority to operate the Registry. The Registrant agrees to
promptly give notice to CIRA of the occurrence of any of the events listed in
Sections 6.2(a) and 6.2 (c) to (g). CIRA agrees to promptly give notice to the
Registrant's Registrar of the occurrence of the event listed in Section
6.2(h). CIRA will give notice to the Registrant's Registrar and the
Registrant of any cancellation of a Domain Name Registration under this
Section 6.2. 6.3 Cancellation, Transfer and Suspension in Particular
Circumstances. CIRA may immediately cancel or transfer a Domain Name
Registration or suspend a Domain Name Registration, for such time period as
CIRA may determine in its sole discretion, in the following circumstances by
giving notice to the Registrant and/or the Registrant's Registrar in
accordance with the Registration Rules: (a) circumstances where
maintaining the Domain Name Registration would put CIRA in conflict with
requirements of Applicable Laws, including, without limitation, applicable
federal, provincial or territorial human rights legislation or the Criminal
Code (Canada), or the terms of an order, ruling, decision or judgment of a
court, tribunal, board, administrative body, commission or arbitrator
including, without limitation, an order, ruling, decision or judgment of the
Human Rights Commission of the government of Canada or a province or
territory thereof; (b) circumstances where the cancellation, transfer or
suspension of a Domain Name Registration is required by an order or decision
under CIRA's Dispute Resolution Procedure or an order, ruling, judgment or
decision of a court, tribunal, board, administrative body, commission or
arbitrator; and (c) circumstances where the registration or use of the
Domain Name Registration conflicts with the Rules and Procedures. 6.4
Suspension by CIRA of Domain Name Registrations. CIRA may, in its sole
discretion and at its sole option in accordance with the Registration Rules
suspend a Domain Name Registration for such time period as CIRA may determine
in its sole discretion if: (a) the Registrant Information concerning such
Domain Name Registration contains false, misleading or inaccurate
information; (b) a Registrant's Registrar fails to pay to CIRA when due
any Fees payable by the Registrant's Registrar with respect to a Domain Name
Registration under the Registrar Agreement between the Registrant's Registrar
and CIRA; (c) the Registrant breaches any term of this Agreement,
including, without limitation, any of the Rules and Procedures and fails,
within five (5) Business Days after the receipt of a notice from CIRA to
remedy such breach; (d) the Registrant at any time fails to meet one of
the Canadian Presence Requirements for Registrants; (e) the Registrant
disrupts or abuses CIRA's registry services as determined by CIRA in its sole
discretion, acting reasonably; (f) the Registrant allows any other Person
to use or operate any Domain Name Registration or registers a Domain Name as
agent for, or on behalf of, a third party in any manner whatsoever which
contravenes Section 3.1(m) of this Agreement; (g) CIRA, acting
reasonably and on the advice of counsel, determines that a Domain Name that
is the subject of a Domain Name Registration may be defamatory or a court or
tribunal determines that a Domain Name that is the subject of a Domain Name
Registration is defamatory; or (h) the designation by the government of
Canada of CIRA to manage, operate and control the Registry is terminated or
CIRA is no longer recognized at the international level as having the
exclusive authority to operate the Registry. 6.5 Suspension of Domain
Name Registrations to Preserve Integrity of the Registry. CIRA may, in its
sole discretion following procedures CIRA deems appropriate from time to time,
suspend a Domain Name Registration for such period of time as CIRA may
determine in the event that CIRA, acting reasonably, considers that such
suspension is necessary to preserve and protect the integrity and the rights
and interests of any of the Registry, the Registrant, the Registrant's
Registrar, other registrants or Registrars and/or third parties. 6.6
Suspension May Precede Cancellation. Prior to cancelling any Domain Name
Registration pursuant to Section 6.2 or Section 6.3, CIRA may, in its sole
discretion, first suspend the Domain Name Registration for such period as
CIRA may determine in its sole discretion. CIRA shall give notice of the
suspension to the Registrar and the Registrant. The time period of the
suspension may be extended at any time by CIRA in its sole discretion.
6.7 Suspension and Cancellation for Failure to Renew. A Domain Name
Registration shall be cancelled by CIRA for failure to renew the Domain Name
Registration in accordance with the Registration Rules. The Domain Name
Registration shall first be suspended for failure to renew in accordance with
the Registration Rules. CIRA shall give notice of the suspension to the
Registrant and the Registrant's Registrar in accordance with the Registration
Rules. During the period of suspension as prescribed by the Registration
Rules, the Registrant may at any time renew the suspended Domain Name
Registration by complying with the Registration Rules with respect to
renewals. The Domain Name Registration shall be cancelled by CIRA in
accordance with the Registration Rules if the Registrant fails to renew such
Domain Name Registration during the period of suspension. 6.8 Suspension
and Cancellation for Failure to Confirm Registrant Information. A Domain Name
Registration shall be suspended for failure to confirm the accuracy and
completeness of Registrant Information which CIRA requests be confirmed in
accordance with the Registration Rules. During the period of suspension as
prescribed by the Registration Rules, the Registrant may at any time
reactivate the suspended Domain Name Registration by confirming the Registrant
Information in accordance with the Registration Rules. If a Registrant fails
to confirm the Registrant Information in accordance with the Registration
Rules within the period of suspension prescribed by the Registration Rules,
CIRA may, in its sole discretion, cancel the Domain Name Registration in
accordance with the Registration Rules. 6.9 Suspension or Cancellation
by Registrant. The Registrant may at any time, through the Registrant's
Registrar, request CIRA to suspend or cancel a Domain Name Registration, and
CIRA shall comply with such request, in accordance with the Registration
Rules. The Registrant's Registrar shall not be entitled to any refund of any
Fees in such event. A Domain Name Registration which the Registrant requested
be suspended, may be reactivated at any time by the Registrant in accordance
with the Registration Rules. 6.10 Effect of Suspension. During any
period in which a Domain Name Registration has been suspended pursuant to the
provisions of this Agreement: (a) the Domain Name Registration will not
be included in the list of Domain Name Registrations transferred on a daily
basis to the Registry's primary domain name server; (b) an Internet user
will not be able to send an email or access a web page which incorporates
such Domain Name Registration; (c) CIRA will continue to list such
suspended Domain Name Registration in the WHOIS look up system of the
Registry and the WHOIS look up system will indicate that the Domain Name
Registration has been suspended; (d) CIRA may reactivate the suspended
Domain Name Registration at any time in its sole discretion; and (e)
CIRA may extend the period of suspension at any time for such period as CIRA
may determine in its sole discretion. 6.11 Effect of Cancellation of a
Domain Name Registration. Upon the cancellation by CIRA of a Domain Name
Registration pursuant to this Agreement: (a) the Registrant will no
longer be entitled to the use of such Domain Name Registration; (b) the
Domain Name Registration will be deleted from the Registry and will be
available for registration in the name of another Person; (c) an Internet
user will not be able to send an email or access a web page which
incorporates such Domain Name; and (d) CIRA will list the cancelled
Domain Name Registration as available in its WHOIS look up system. 6.12
Prohibition on New Registrations. If the Registrant breaches the Registrant's
obligations contained in Section 3.1(m) of this Agreement prohibiting the use
by Persons other than the Registrant of a Domain Name Registration and the
registration of Domain Names by a Registrant as agent for, or on behalf of,
any third party: (a) CIRA may, in its sole discretion following
procedures CIRA deems appropriate from time to time, prohibit the Registrant,
by giving five (5) days notice thereof to the Registrant, from registering
any new Domain Names for a period of up to three (3) years from the date of
such notice; and (b) if the Registrant is also a Registrar, the Registrar
shall be deemed to have breached its Registrar Agreement with CIRA and CIRA
may then revoke the Registrar's certification and terminate the provisions of
the Registrar Agreement with CIRA. 6.13 Termination of Agreement by
CIRA. CIRA may, in its sole discretion and at its sole option, terminate this
Agreement by giving notice thereof to the Registrant (such termination to be
effective on the date specified by CIRA in the notice) in the event that:
(a) the Registrant breaches any term of this Agreement, including, without
limitation, any of the Rules and Procedures and fails, within five (5)
Business Days after the receipt of a notice from CIRA to remedy such breach;
(b) the Registrant disrupts or abuses CIRA's registry services as
determined by CIRA in its sole discretion, acting reasonably; (c) all of
the Domain Name Registrations registered in the name of the Registrant have
been cancelled or have expired; (d) the Registrant allows any other
Person to use or operate any Domain Name Registration or applies to register
a Domain Name as agent for, or on behalf of, a third party in any manner
whatsoever which contravenes Section 3.1(m) of this Agreement; or (e)
the designation by the government of Canada of CIRA to manage, operate and
control the Registry is terminated or CIRA is no longer recognized at the
international level as having the exclusive authority to operate the Registry.
6.14 Termination Due to Dissolution, Bankruptcy, etc. In the event that:
(a) the Registrant is insolvent or bankrupt or subject to the provisions
of the Bankruptcy and Insolvency Act (Canada) or any other similar
legislation of any jurisdiction, or makes a proposal under such legislation,
or goes into liquidation, either voluntarily or under an order of a court of
competent jurisdiction, or makes a general assignment for the benefit of its
creditors; (b) the Registrant ceases to carry on business in the normal
course, dissolves or is wound up; or (c) a receiver or other official
having similar functions is appointed over a substantial portion of the
assets of the Registrant; then CIRA may immediately terminate this Agreement
and cancel the Registrant's Domain Name Registration(s) by giving five (5)
days notice to the Registrant. For greater certainty, if any of the foregoing
events occur, in no event shall any receiver, trustee, creditor or other
Person have any right whatsoever to the Domain Name Registration(s).
6.15 Termination by Registrant. The Registrant shall be entitled (either
directly or through the Registrant's Registrar), to terminate this Agreement
at any time by giving thirty (30) days notice to CIRA. 6.16
Registrations of Cancelled Domain Names. The Registrant acknowledges and
agrees that in the event of the termination of this Agreement or the
cancellation of any of the Registrant's Domain Name Registration(s) by CIRA
or the Registrant pursuant to this Agreement, CIRA shall have the right to
allow any other Person to register the Domain Name that was the subject of the
Domain Name Registration without any liability of CIRA to the Registrant, any
of the Registrant's Registrars or any other Person. 6.17 Termination to
Result in Cancellation of all Domain Names. The termination of this Agreement
pursuant to Section 6.13, Section 6.14 or Section 6.15 shall result in the
automatic cancellation of all Domain Name Registrations in the name of the
Registrant.
Whois 
