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Agreements


When you sign up for a service with dotcanuck Web Services, you are deemed to have electronically signed the contract. Here are the contracts:

.CA Registration Agreement
Last Modified: October 19th, 2004

This registration agreement ("Agreement") covers the terms and conditions under which TransitionalMedia Incorporated doing business as dotcanuck Web Services ("dotcanuck") provides .CA registrar services to the agreeing party electronically transacting for this service ("Registrant"). As an organisation or individual applying to register, transfer or renew a .CA domain name via the agency of dotcanuck, the Registrant accordingly agrees to the following:

1. TERMINOLOGY

In the Agreement, "we", us" and "our" refer to dotcanuck. "you" or "your" refers to the Registrant.

A "Registrar", for the purposes of this agreement, is a company or individual authorized by CIRA to provide .CA domain name registration.

"CIRA" is the Canadian Internet Registration Authority, an organization through which dotcanuck has contracted to provide the services of a Registrar.

2. SERVICES

The "Services" contracted for in this agreement are domain name registration, transfer or renewal services provided by us in accordance with CIRA guidelines.

3. FEES

As consideration for the Services, you agree to pay to us all applicable fees as specified. All fees payable hereunder are non-refundable.

4. ACCURACY OF INFORMATION

As further consideration for the Services, you agree to:

(i) provide current, accurate and complete information about you as required CIRA ("Account Information"), and
(ii) maintain and update this information as needed to keep it current, complete and accurate.

You, by transacting for Services represent that your Account Information is accurate and complete.

5. TERM OF AGREEMENT

You agree that this Agreement will remain in full force during the term of your domain name registration as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew the term of your domain name registration, then the term of this Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force between the Registrant and the new Registrar.

6. MODIFICATIONS TO AGREEMENT

You agree, during the period of this 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 our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our 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 by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes.

You further agree to abide by all applicable CIRA policies, requirements and procedures as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to policies or requirements, you have agreed to these modifications. 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.

7. DOTCANUCK ACCOUNT

In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. 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. DOMAIN NAME LEGITIMACY

You represent that, to the best of the your knowledge and belief, neither the registration of the domain name, nor the manner in which it is directly or indirectly used infringes the legal rights of any party, and that the domain name is not being registered for unlawful purposes.

9. DOMAIN NAME DISPUTE POLICY

If you registered or renewed a domain name through us, or transferred a domain name to us from another Registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at the CIRA website. Please take the time to familiarize yourself with this policy.

10. DOMAIN NAME DISPUTES

You agree that, if the registration or reservation 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 agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.

11. CIRA POLICY

You agree 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 an CIRA-adopted policy, (1) to correct mistakes by a registrar or the registry in registering the name or (2) for the resolution of disputes concerning the domain name.

12. AGENCY

Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name registrant of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of Disclosure and Use of Registration Information.

13. ANNOUNCEMENTS

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services. 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.

14. LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our 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 Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. 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 identifier 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 interruption of your Service. You agree that we will not be liable for any loss of registration and use of your 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 we have been advised of the possibility of such damages.

15. INDEMNITY

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties, including but not limited to CIRA relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, 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. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the CIRA Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; 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.

16. TRANSFER OF OWNERSHIP

Any transfer of ownership in and to a domain name registration shall be affected in accordance with CIRA policies and procedures.

17. BREACH

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, 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.

18. NO GUARANTEE

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.

19. DISCLAIMER OF WARRANTIES

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 disclaim all warranties of any kind, whether expressed 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 Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

20. INFORMATION

As a CIRA Registrar, we require certain mandatory information. As part of the registration process, you will be required to provide us this information, and to update us promptly as such information changes such that our records are current, complete and accurate. We may also collect voluntary information to help us improve the products and services offered to you. Despite our best efforts to disclose this information, we do not warrant that the registration process will identify what information is mandatory and what is voluntary.

21. DISCLOSURE AND USE OF REGISTRATION INFORMATION

You agree and acknowledge that we will make domain name registration information you provide available to CIRA, to the registry administrators, and to other third parties as CIRA and applicable laws may require or permit. 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 WHOIS services) or other purposes as required or permitted by CIRA and the applicable laws.

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or 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 this service on our website.

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

22. REVOCATION

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.

23. RIGHT OF REFUSAL

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such 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.

24. SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

25. NON-AGENCY

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

26. NON-WAIVER

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

27. NOTICES

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:

  • TransitionalMedia Inc.
    dba dotcanuck Web Services
    PO Box 5263
    Victoria BC V8R 6N4
    Canada
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.

28. ENTIRETY

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supercedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.

29. GOVERNING LAW

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in British Columbia, and you irrevocably consent to the jurisdiction of such courts.

30. INFANCY

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

31. INCONSISTENCIES WITH CIRA

In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of CIRA, the term, condition, policy or procedure of CIRA shall prevail. The terms, conditions, policies and procedures of CIRA are subject to change without notice.

32. TRANSFERABILITY

Should dotcanuck be separately incorporated, acquired, taken over or merged with another company according to rules as stipulated by CIRA with regards to Canadian ownership and other legal requirements, the new entity will be deemed to have taken over all responsibilities of dotcanuck with regards to this contract, with the contract remaining in full force and effect.

33. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.



CIRA Registrant Agreement
When you register a .CA domain name, you are required to electronically sign the Registrant Agreement with CIRA (The Canadian Internet Registration Authority). You do this by viewing the document and clicking Accept on their website (after the registration process is complete with dotcanuck Web Services).

Click to preview the CIRA Registration Documents.


Affiliate Program Agreement
Last Modified: October 19th, 2004

This Affiliate Program Agreement ("Agreement") is made by and agreed to between TransitionalMedia Inc. doing business as dotcanuck Web Services ("dotcanuck"), and you ("You"). dotcanuck offers Web Hosting services to clients, according to a separate Web Hosting Agreement.

1. TERMINOLOGY AND RELATIONSHIP

An "Affiliate Program" is a program whereby financial compensation ("Payment") is made for the referral of clients. dotcanuck makes Payment to You for new Web Hosting clients referred to dotcanuck by You, according to the terms outlined in this agreement.

Within this agreement, You are referred to as an "Affiliate". As an Affiliate, you are not a partner, associate, agent or employee, and You agree not to misrepresent the relationship.

2. FEES

Sales are credited to your Account once the first payment for Web Hosting is made by the referred client. This usually occurs one month after the client signs up.

At the end of each month, any amounts credited to your Account will be paid in full in Canadian dollars. This is usually remitted to you by cheque, using standard mail.

We reserve the right to refuse service to any customers referred from an Affiliate. In this event, no credit to the Affiliate's Account will occur as a result of the referral.

3. ACCURACY OF INFORMATION

You agree to:

(i) provide current, accurate and complete information about You ("Account Information"), and
(ii) provide a complete list of websites belonging to You, upon which You may advertise dotcanuck, whenever this list of sites changes.

4. TERM OF AGREEMENT

You agree that this Agreement will remain in full force until either (1) You write to dotcanuck to indicate withdrawal from the Affiliate Program, (2) this Agreement is Terminated by dotcanuck, or (3) the Affiliate Program is discontinued.

5. MODIFICATIONS TO AGREEMENT

You agree, during the period of this Agreement, that we may revise the terms and conditions of this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our 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 by providing us with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Service following notice of any revision to this Agreement or change in service, you shall abide by any such revisions or changes.

6. APPROPRIATE USE

Advertisements for dotcanuck may be placed by you on websites that are not being used for unlawful purposes, or containing pornographic materials, as defined in our discretion.

You further agree not to advertise dotcanuck using unsolicited bulk e-mail ("spam"), newsgroups, message boards, banner networks, counters, chatrooms, guestbooks, IRC channels or similar Internet services.

You further agree not to inaccurately portray dotcanuck to prospective clients, and completely indemnify dotcanuck for any liabilities resulting from such misrepresentation.

7. ANNOUNCEMENTS

We reserve the right to distribute information to you that is pertinent to the Affiliate Program. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information.

8. LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to this Agreement and any breach of this Agreement is solely limited to the amount due in your Account. We and our 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 Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. 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 Accounting Information; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement.

9. INDEMNITY

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by third parties, including but not limited to events relating to or arising under this Agreement, including without limitation infringement by you, 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 any service(s) provided. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in termination of this Agreement.

10. BREACH

We reserve the right to terminate this agreement with You at any time, for any reason, at our sole discretion. Specifically, failure to abide by any provision of this Agreement may be considered by us to be a material breach that would result in immediate termination of this Agreement.

If we terminate this agreement for any reason, we will notify You immediately, and indicate what is required by You for this Agreement to be reinstated. In some circumstances, the Agreement will not be reinstated under any circumstances.

If this agreement is terminated for any reason, the balance in your Account will be remitted to You according to the usual payment schedule. No amounts will be remitted as a result of referrals beyond the date of termination.

11. SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

12. NON-WAIVER

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

13. NOTICES

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:
  • TransitionalMedia Inc.
    dba dotcanuck Web Services
    PO Box 5263
    Victoria BC V8R 6N4
    Canada
and in the case of notification to you shall be to the address specified in your "Account Information".

14. ENTIRETY

You agree that this Agreement, the rules and policies published by us are the complete and exclusive agreement between you and us regarding our Services. This Agreement supercedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.

15. GOVERNING LAW

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in British Columbia, and you irrevocably consent to the jurisdiction of such courts.

16. INFANCY

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

17. TRANSFERABILITY

Should dotcanuck be legally separately incorporated, acquired, taken over or merged with another company, the new entity will be deemed to have taken over all responsibilities of dotcanuck with regards to this contract, with the contract remaining in full force and effect.

18. ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.