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:
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.