SERVICE AGREEMENT BETWEEN ZiD.COM AND REGISTRANT FOR .CA DOMAIN NAMES.

1. AGREEMENT OBJECTIVE

This agreement between us, ZiD.com, a division of ZYMOS Computer Systems Inc. (hereinafter referred to as "ZiD.com"), and you, the registrant, owner of a domain name (hereinafter referred to as the "registrant"), constitutes the only agreement governing the use of our domain registrations services, currently located at www.domain-name-canada.com and www.nom-internet.com. By using any of our services, the registrant acknowledges that it has read and accepted the terms and conditions of this agreement.

ZiD.com reserves the right to modify, change or update the general terms and conditions at any time. The registrant, in turn, agrees to be bound by these amendments, changes and updates. These amendments, changes, additions or deletions shall take effect upon notice, which, in particular, can be given in the form of a message on our Web site, an e-mail or a letter sent by regular mail. The registrant agrees to regularly read the general conditions posted on the site and keep itself up to date with these new versions. Upon ordering our products or services, after said amendment means that the registrant has agreed to accept and be bound by these amended conditions.

2. GENERAL DESCRIPTION OF SERVICE

ZiD.com offers the CA domain registration service based on the rules and procedures defined by the Canadian Internet Registration Authority (hereinafter referred to as "CIRA"), which are published on the Internet at www.cira.ca. The registrant and ZiD.com shall specifically be subject to Article 4 of this agreement as it is currently defined by CIRA. This article could be amended by CIRA pursuant to its own terms and conditions (see the "Elements of the Agreement Defined by CIRA" section).

ZiD.com reserves the right to refuse to process the Registrant's service application if ZiD.com believes that it violates this agreement or an applicable law.

The registrant understands that the role of ZiD.com is limited to submitting an application to CIRA and that ZiD.com cannot guarantee the registrant that the application for a specific domain name will be accepted.

The registrant acknowledges that it is responsible for providing and updating, to the best of its knowledge, all information required by ZiD.com as part of the ZiD.com service. This information will be used by ZiD.com to submit the application to CIRA.

The registrant acknowledges that the registrant is responsible for all costs and fees associated with the registration of your domain name including, but not limited to, all costs and fees for moving or transferring such domain name.

3. FEES

The registrant agrees to pay ZiD.com fees based on the rates defined in the "Pricing/Rates" section on our Web site. The registrant understands that part of these fees are payable by ZiD.com to CIRA. Payment of fees by the registrant does not mean that ZiD.com guarantees that the registrant's application will be accepted, since the domain registration application could be refused by CIRA. Fees paid by the registrant to ZiD.com are not refundable or transferable. Should the Registrant refuse or not accept the terms and conditions set forth by CIRA and it the time frame stipulated by CIRA'S Rules and Regulations, a service charge of $ 10.00 will placed on the registrar's credit card or charge to the registrants account. 

4. ELEMENTS OF THE AGREEMENT AS DEFINED BY CIRA

4.1 Agreement Between ZiD.com and CIRA and the Agreement Between the Registrant and CIRA

ZiD.com, as a certified registrar, has signed an agreement with CIRA.

During the domain name registration process, the registrant shall also sign an agreement with CIRA.

These two agreements are public domain and are available on the CIRA site at www.cira.ca.

4.2 Agreement Provisions

ZiD.com and the registrant agree that:

  1. CIRA can choose to extend any domain name registration period for a term to be determined at its own discretion, at no charge to the registrant or ZiD.com;

  2. the registrant agrees that CIRA shall not be held responsible in the event of losses, damages or expenses incurred for registering a domain name with CIRA or modifying, transferring, renewing, maintaining or canceling by CIRA of a domain name registration, or the refusal or omission by CIRA to carry any one of these operations;

  3. the registrant shall not make any claim against CIRA, and CIRA shall in no way be held responsible for any direct, indirect, special, punitive, exemplary or consequential damages, including damages resulting from loss of enjoyment, lost profits or lost business revenue and third-party damages, or damages due to any violation by ZiD.com regarding obligations, which are its responsibility in accordance with the terms of any agreement signed with the registrant or any Registrar Agreement signed with CIRA;

  4. registration of a domain name selected by the registrant in its initial application sent to CIRA only comes into effect when it has signed and accepted the CIRA registration agreement;

  5. if applicable, ZiD.com shall promptly inform the registrant of the fact that it no longer is a CIRA-certified registration authority, that its certification as a CIRA-certified registration authority has been suspended or terminated or that the registration authority agreement that it signed with CIRA was terminated or expired. CIRA can post a notice of such a suspension, termination or expiration on its Web site and, if it deems it to be appropriate, notify the registrant of its intention;

  6. in the event that ZiD.com is no longer a CIRA-certified registration authority or has had its certification as a CIRA-certified registration authority suspended or terminated, or in the event that the agreement between CIRA and the registration authority is terminated or expired, the registrant shall be responsible for registering with a new CIRA-certified registration authority within thirty days after receiving the first notice thereof being given (i) by ZiD.com or (ii) by CIRA, in accordance with the current registration terms and conditions. However, if the registration for the registrant's domain name is scheduled to expire within 30 days of giving such notice, the registrant shall have 30 days from the anniversary date of such registration to register with the new CIRA-certified registration authority and proceed with renewal of the domain name registration in accordance with the registration terms and conditions;

  7. the registrant acknowledges and agrees that, should the funds prepaid by ZiD.com into the CIRA deposit account be insufficient to cover the payment of all fees, CIRA may, in its sole discretion, stop accepting applications for domain name registrations from ZiD.com, stop effecting registrations of domain names and transfers, renewals, modifications and cancellations of domain name registrations requested by ZiD.com, and stop performing other billable transactions requested by ZiD.com that have not been paid in full, and CIRA may terminate the Registrar Agreement between CIRA and ZiD.com;

  8. the registrant shall not, directly or indirectly, under the registration or use of the domain name or otherwise:

    1. violate or contribute to the violation of the intellectual property rights or other rights of any other person;

    2. defame or contribute to the defamation of any other person;

    3. unlawfully discriminate or contribute to the unlawful discrimination of any other person;

  9. the registrant agrees that CIRA shall not be held responsible for the use of the domain name in the registry, nor for conflicts or disputes involving a given registrant or registration authority or pending or threatened claims against a registration authority or a registrant, including those involving a trademark, registered or not, for a company or organization name or another trade name, the rights related to this name or another designation identifying an individual or third-party intellectual rights or related to the defamation of another person or unlawful discrimination against a person;

  10. CIRA has the right to amend, within reason, at any time the agreement of the registration authority that it signed with ZiD.com, including the requirements as to certification and re-certification, registration rules, and fees and other rules and procedures, and adopt new rules and procedures that are not yet in effect. Any amendment of this type shall bind ZiD.com 30 days after CIRA has informed it by e-mail of this. ZiD.com and the registrant agree to promptly modify the agreement that they have signed to reflect the amendments made in paragraph 4.2 of the Registry Agreement between CIRA and ZiD.com;

  11. the registrant acknowledges and agrees that the registration of a domain name does not entail for the registrant, ZiD.com or any other person, any property right on the name used as the domain name or on registration of domain name, and that entering a domain name in the registry or in the "WHOIS" search system of the registry must not be interpreted as proof of property of the name registered as a domain name. ZiD.com shall not, in any case, transfer or claim to transfer a property right on the registration of a domain name, nor to charge or claim to charge, including, via warranty, the registration of a domain name.

7. LIMIT OF LIABILITY

THE REGISTRANT EXPRESSLY ACCEPTS THAT THE USE OF THE SITE AND NAVIGATION WITHIN THE SITE ARE AT THE REGISTRANT'S OWN RISK. IT IS UP TO THE REGISTRANT TO TAKE THE NECESSARY PRECAUTIONS TO ENSURE THAT ITS USE OF OUR SITE IS SUBJECT TO ADEQUATE PROTECTION FROM VIRUSES, WORMS, TROJAN HORSES AND OTHER DESTRUCTIVE BUGS. ZiD.COM, ITS MEMBERS AND THEIR EMPLOYEES, REPRESENTATIVES, THIRD-PARTY SUPPLIERS OF CONTENT AND RESPECTIVE GRANTORS OF LICENSES, IF APPLICABLE, CANNOT GUARANTEE THAT THE USE OF THE SITE WILL NOT BE INTERRUPTED NOR BE WITHOUT ERROR; MOREOVER, THEY PROVIDE NO GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED USING THE SITE, PRODUCTS OR SERVICES PROVIDED OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF THE INFORMATION PROVIDED ON THE SITE.

ZiD.com shall not be held responsible for the use, by the registrant or a third party, of the registrant's domain name once it is registered. The registrant shall be responsible for ensuring that current usage, laws and regulations are respected.

THE REGISTRANT AGREES THAT ZiD.COM SHALL NOT BE RESPONSIBLE FOR THE USE OF OR RIGHT TO USE ANY DOMAIN NAME REGISTERED AND ZiD.COM SHALL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY CONFLICT OR DISPUTE WITH OR ANY CLAIM AGAINST A REGISTRANT 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 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 OR ANY OTHER PERSON IN ANY NAME USED AS A DOMAIN NAME OR ANY DOMAIN NAME REGISTRATION AND THE ENTRY OF A DOMAIN NAME IN THE "WHOIS" DATABASE SHALL NOT BE CONSTRUED AS EVIDENCE OF OWNERSHIP OF THE DOMAIN NAME REGISTERED AS A DOMAIN NAME.

ALL INFORMATION, SERVICES, PRODUCTS AND MESSAGES AVAILABLE ON THE SITE ARE PROVIDED "AS IS" AND ALL DECLARATIONS, WARRANTIES AND CONDITIONS, EXPLICIT OR IMPLICIT, AS TO QUALITY, PROFITABILITY, SALEABILITY, SATISFACTION, SUITABILITY FOR A SPECIFIC USE, PROPERTY, NON-INFRINGEMENT AND THOSE ENSUING FROM THE LAWS OR RIGHTS OR GENERAL COURSE OF BUSINESS OR COMMERCIAL USE ARE EXPRESSLY EXCLUDED INSOMUCH AS IT IS PERMITTED BY LAW.

IN NO CASE SHALL ZiD.COM, OR ITS ADMINISTRATORS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,  HEIRS OR DEPENDENTS BE HELD RESPONSIBLE FOR INDIRECT, SPECIAL, PUNITIVE INCIDENTAL OR EXEMPLARY DAMAGES RESULTING FROM THIS WEB SITE OR OTHER SITES LINKED THERETO, INCLUDING LOSSES FROM BREACH OF TRUST, LOSS OF PROFIT FROM THE INTERRUPTION OF BUSINESS ACTIVITIES, LOSS OF ANTICIPATED SAVINGS OR ANY OTHER INDIRECT DAMAGES, WHATEVER THEY MAY BE, REGARDLESS OF WHETHER ZiD.COM WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

THE MAXIMUM RESPONSIBILITY OF ZiD.COM TO THE REGISTRANT UNDER SAID CONTRACT MUST, IN NO CASE, EXCEED THE AMOUNT THAT THE REGISTRANT PAID FOR THE SERVICES, WHICH ARE THE SUBJECT OF THE CLAIM.

Certain territories do not allow the exclusion or limitation of responsibility to which consumers can avail themselves so that the aforementioned limitations may not be applicable to the registrant or may be applicable only in part to the registrant.

9. LAW OF CONTRACT

The registrant agrees that the laws of the Province of Quebec, not taking into account the conflict of laws rules, shall apply to issues related to general terms and conditions. The registrant agrees to submit to the jurisdiction of the Superior Court of the Province of Quebec, related to these issues. Certain territories do not allow clauses of these applicable laws or on the jurisdiction of a tribunal, with the result that this clause may not be applicable to the registrant. Users of the site who access it from sites outside Quebec recognize that they do so voluntarily and are responsible for complying with local laws.