LIMITATIONS ON WARRANTIES, CONDITIONS, LIABILITY; INDEMNIFICATION
7.1 LIMITATION ON WARRANTIES AND CONDITIONS. CIRA MAKES NO
REPRESENTATION, WARRANTY OR CONDITION, WHETHER ORAL OR WRITTEN, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OR THAT THE REGISTRY WILL BE AVAILABLE AT ALL TIMES
DURING THE TERM OR WITH RESPECT TO FUNCTIONALITY, FREEDOM FROM BUGS OR
VIRUSES, COMPATIBILITY OR INTEROPERABILITY OF THE REGISTRY OR THE SYSTEMS
ACCESSED BY THE REGISTRANT'S REGISTRAR(S) AND/OR THE REGISTRANT OR WITH
RESPECT TO THE SECURITY OF THE REGISTRY OR ANY SYSTEMS ACCESSED BY THE
REGISTRANT'S REGISTRAR(S) AND/OR THE REGISTRANT, INCLUDING WITHOUT
LIMITATION, THOSE PROVIDED BY THIRD PARTY SOFTWARE, HARDWARE, INTERNET
AND/OR TELECOMMUNICATIONS OR OTHER SERVICE PROVIDERS OR OTHERWISE WITH
RESPECT TO THE SERVICES PROVIDED HEREUNDER.
7.2 USE OF DOMAIN NAMES. THE REGISTRANT AGREES THAT CIRA SHALL
NOT BE RESPONSIBLE FOR THE USE OF OR RIGHT TO USE ANY DOMAIN NAME
REGISTERED IN THE REGISTRY AND THAT CIRA SHALL NOT BE RESPONSIBLE IN ANY
WAY WHATSOEVER FOR ANY CONFLICT OR DISPUTE WITH OR ANY CLAIM AGAINST THE
REGISTRANT OR A REGISTRANT'S REGISTRAR 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 DEFAMATION OF OR UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY
OTHER PERSON. THE REGISTRANT ACKNOWLEDGES AND AGREES THAT THE
REGISTRATION OF A DOMAIN NAME DOES NOT CREATE ANY PROPRIETARY RIGHT FOR
THE REGISTRANT, A REGISTRANT'S REGISTRAR OR ANY OTHER PERSON IN ANY NAME
USED AS A DOMAIN NAME OR IN ANY DOMAIN NAME REGISTRATION, AND THE ENTRY
OF A DOMAIN NAME IN THE REGISTRY IN THE "WHOIS" DATABASE SHALL NOT BE
CONSTRUED AS EVIDENCE OF OWNERSHIP OF THE DOMAIN NAME REGISTERED AS A
DOMAIN NAME. THE REGISTRANT 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 ANY DOMAIN NAME REGISTRATION.
7.3 LIMITATION OF LIABILITY. CIRA'S AGGREGATE LIABILITY TO THE
REGISTRANT, INCLUDING FOR ALL BREACHES BY CIRA OF THIS AGREEMENT, SHALL BE
LIMITED TO THE AMOUNT OF FEES RELATING TO THE REGISTRANT'S DOMAIN NAME
REGISTRATIONS PAID BY THE REGISTRANT'S REGISTRAR(S) TO CIRA.
7.4 ADDITIONAL LIMITATIONS OF LIABILITY.
(1) IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT
LIABILITY (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL CIRA OR ITS DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO THE
REGISTRANT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS OR RESULTING FROM LOSS OF
USE, LOST BUSINESS REVENUE, LOST PROFITS OR THIRD PARTY DAMAGES.
(2) IN NO EVENT SHALL THE REGISTRANT PURSUE ANY CLAIM AGAINST CIRA
AND IN NO EVENT SHALL CIRA BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE
(INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS OR
DAMAGES RESULTING FROM LOSS OF USE, LOST PROFITS, LOST BUSINESS REVENUE OR
THIRD PARTY DAMAGES) ARISING OUT OF, RESULTING FROM OR IN ANY WAY
CONNECTED WITH:
(a) ANY ACCESS DELAY OR ACCESS INTERRUPTION;
(b) ANY DATA NON-DELIVERY OR DATA MISDELIVERY;
(c) ANY UNAUTHORIZED USE OR MISUSE OF THE USER ACCOUNT OR
PRIVATE PASSWORD PROVIDED TO THE REGISTRANT BY CIRA;
(d) ANY ERROR, OMISSION OR MISSTATEMENT IN ANY INFORMATION
OR SERVICE PROVIDED UNDER THIS AGREEMENT;
(e) THE DELETION OF OR FAILURE TO STORE EMAIL MESSAGES;
(f) A COMPUTER BUG OR VIRUS OR OTHER SYSTEM MALFUNCTION;
(g) CIRA'S FAILURE OR REFUSAL TO REGISTER A DOMAIN NAME,
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;
(h) THE PROCESSING BY CIRA OF ANY APPLICATION FOR THE
REGISTRATION OF A DOMAIN NAME OR ANY OTHER APPLICATION
OR REQUEST, CIRA'S PROCESSING OF ANY AUTHORIZED OR
UNAUTHORIZED CHANGES TO THE REGISTRANT'S INFORMATION
OR THE FAILURE BY THE REGISTRANT'S REGISTRAR TO PAY ANY
FEES; (i) ANY BREACH BY A REGISTRANT'S REGISTRAR OF ITS OBLIGATIONS
UNDER ITS AGREEMENT WITH THE REGISTRANT OR ITS
AGREEMENT WITH CIRA OR ANY OTHER ACTION OR OMISSION OF
THE REGISTRANT OR A REGISTRANT'S REGISTRAR;
(j) THE APPLICATION OF CIRA'S DISPUTE RESOLUTION PROCEDURE OR
THE COMPLIANCE WITH ANY ORDER, RULING, DECISION OR
JUDGMENT MADE THEREUNDER OR BY ANY COURT, TRIBUNAL,
BOARD, ADMINISTRATIVE BODY, COMMISSION OR ARBITRATOR
AND ANY ACTIONS TAKEN IN CONSEQUENCE THEREOF; OR
(k) THE USE OF ANY DOMAIN NAME IN THE REGISTRY AND ANY
CONFLICT OR DISPUTE WITH OR ANY CLAIM (AS DEFINED IN
SECTION 3.1(g)) AGAINST THE REGISTRANT OR THE REGISTRANT'S
REGISTRAR, INCLUDING ONE RELATING TO:
(i) REGISTERED OR UNREGISTERED TRADE-MARKS;
(ii) BUSINESS NAMES, PARTNERSHIP NAMES, CORPORATE
NAMES AND OTHER TRADE NAMES;
(iii) NAMES OR INDICIA OF INDIVIDUALS OR GROUPS OR
INDIVIDUALS; (iv) ANY OTHER INTELLECTUAL PROPERTY RIGHTS;
(v) DEFAMATION OF ANY PERSON; OR
(vi) UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY
PERSON. 7.5 Indemnity. The Registrant agrees to indemnify and save CIRA and its contractors,
agents, employees, officers, directors, members, affiliates and assigns harmless from and against any and
all damages, liabilities, obligations, losses, claims, demands, actions, causes of action, lawsuits, penalties,
costs and expenses (including, without limitation, reasonable legal and other related costs) arising out of
or in any way connected with:
(a) any breach of or non-fulfillment of any covenant or agreement on the part of the
Registrant under this Agreement; or
(b) any incorrectness in or breach of any representation or warranty of the Registrant
contained in this Agreement;
(c) the services of CIRA provided hereunder or the use by the Registrant of CIRA's
services, including without limitation violation by the Registrant of any
intellectual property or other right of any Person and any defamation of or
unlawful discrimination against any Person or any violation of any of the Rules
and Procedures relating to the services provided; or
(d) the actions or omissions of the Registrant and the Registrant's Registrar(s).
8.1 Corporations. Where the Registrant is a corporation, the
Registrant covenants, represents and warrants to CIRA as follows:
(1) Incorporation and Power. The Registrant is a corporation duly incorporated under the
laws of the jurisdiction of its incorporation and is duly organized, validly subsisting and in good standing
under such laws.
(2) Authorization. The Registrant has all necessary corporate power, authority and capacity
to enter into this Agreement and all other documents and instruments contemplated by this Agreement
and to carry out its obligations under this Agreement and such other documents and instruments. The
execution and delivery of this Agreement and all other documents and instruments contemplated by this
Agreement and the performance by the Registrant of its obligations under this Agreement and such other
documents and instruments have been duly authorized by all necessary corporate action on the part of the
Registrant. (3) Enforceability of Obligations. This Agreement constitutes a valid and binding obligation
of the Registrant enforceable against the Registrant in accordance with its terms subject, however, to
limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting
creditors' rights generally and to the extent that equitable remedies such as specific performance and
injunctions are only available in the discretion of the court from which they are sought.
8.2 Partnerships and Trusts. Where the Registrant is a partnership or a trust, the Registrant
covenants, represents and warrants as follows:
(1) Existence. The Registrant is duly formed, organized, established and validly existing
under the laws of the jurisdiction in which it was formed, organized and established.
(2) Authorization. The Registrant has the power, authority and capacity to enter into this
Agreement and all other documents and instruments contemplated by this Agreement and to carry out its
obligations under this Agreement and such other documents and instruments. The execution and delivery
of this Agreement and all other documents and instruments contemplated by this Agreement and the
performance by the Registrant of its obligations under this Agreement and such other documents and
instruments have been duly authorized by all necessary action on the part of the Registrant.
(3) Enforceability of Obligations. This Agreement constitutes a valid and binding obligation
of the Registrant enforceable against the Registrant in accordance with its terms subject, however, to
limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting
creditors' rights generally and to the extent that equitable remedies such as specific performance and
injunctions are only available in the discretion of the court from which they are sought.
8.3 Other Registrants. Where the Registrant is not a corporation, a partnership or a trust,
the Registrant covenants, represents and warrants to CIRA as follows:
(1) Capacity. The Registrant has the legal capacity and all necessary power and authority to
execute and deliver this Agreement and all other documents and instruments contemplated by this
Agreement and to perform the obligations of the Registrant under this Agreement and such other
documents and instruments.
(2) Enforceability. This Agreement constitutes a legal, valid and binding obligation of the
Registrant, enforceable against the Registrant by CIRA in accordance with its terms; subject, however, to
limitations on enforcement imposed by bankruptcy, insolvency or other laws affecting creditors' rights
generally and to the extent that equitable remedies such as specific performance and injunctions are only
available in the discretion of the court from which they are sought.
8.4 Additional Representations, Warranties and Covenants. The Registrant represents,
warrants and covenants to CIRA as follows:
(1) Authority. The Registrant has or will have authorized each of the Registrant's Registrars
to apply on behalf of the Registrant for the registration of a selected Domain Name and to apply on behalf
of the Registrant to transfer, renew, modify, maintain, terminate and take any other action with respect to
a Domain Name Registration in the name of that Registrant for which a Registrant's Registrar is the
Registrar of record.
(2) Registrant Information. All Registrant Information is and at all times shall be true and
accurate in all respects.
(3) Insolvency. The Registrant is not an insolvent person within the meaning of the
Bankruptcy and Insolvency Act (Canada) nor has made an assignment in favour of its creditors nor a
proposal in bankruptcy to its creditors or any class thereof nor had any petition for a receiving order
presented in respect of it. The Registrant has not initiated proceedings with respect to a compromise or
arrangement with its creditors or, if the Registrant is a corporation or a partnership, for its winding-up,
liquidation or dissolution. No receiver has been appointed in respect of the Registrant or any of its assets
and no execution or distress has been levied upon any of its assets.
(4) No Infringement. Neither the registration of any Domain Name nor the manner in which
the Registrant intends to use or uses such Domain Name will directly or indirectly infringe or otherwise
violate the trade-mark or other intellectual property or other rights of any Person or defame any Person or
unlawfully discriminate against any Person or breach any Applicable Laws.
(5) Qualification. The Registrant meets the Canadian Presence Requirements for
Registrants. 8.5 Survival and Reasonableness . The Registrant acknowledges and agrees that the
limitations on warranties, conditions and liabilities, the representations and warranties of the Registrant
contained in Article 8 and the restrictions and indemnities set forth in Articles 7 and 8 shall forever
survive the expiry or termination of this Agreement or any suspension or cancellation of any Domain
Name Registration. The Registrant acknowledges and agrees that such provisions are reasonable in the
context of CIRA's status as a not-for-profit organization that is performing a public service on a cost-
recovery basis.
Whois 
