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TERMS AND CONDITIONS FOR ADD VALUE INTERNATIONAL (AVI)
AND REGISTRANT RELATIONSHIP
1. OVERVIEW OF THE AGREEMENT
This agreement between Add Value International (AVI) Inc.
(hereinafter referred to as "AVI"), and the registrant, owner of a (.ca) domain
name or user of our site (hereinafter referred to as the "registrant"),
constitutes the agreement governing the use of our sites, located at www.caregistration.com and www.addvalue.com , as well as the provisioning of our
domain name management services. By using www.caregistration.com
and www.addvalue.com web site, the registrant
acknowledges that it has read and accepted the terms and conditions of this agreement.
AVI 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. Registrant will be given notice of amendments and changes
in the form of a message on our Web site, and/or by e-mail and/or a letter sent by regular
mail. Amendments, changes, additions or deletions shall take effect upon posting of the
notice. The registrant agrees to regularly check the general conditions posted on the site
in case of changes. Using the site and/or ordering products and/or services, the
registrant has acknowledged and agreed to accept any amendments posted and further agree
to be bounded by these conditions.
2. DESCRIPTION OF AVI’S .CA REGISTRATION SERVICE
.CA Registration service is a service offered by AVI, which allows
users to register, renew, transfer, modify, cancel and generally manage a (.ca) domain
name.
.CA Registration service is available electronically via the www.caregistration.com web site, Add Value International (AVI) web site, as well as via
e-mail, telephone, fax or regular mail (see the "Contact Us" section on the
site).
AVI offers its domain-based services under the jurisdiction of the
rules and procedures defined by the Canadian Internet Registration Authority (hereinafter
referred to as "CIRA"), that can be found at http://www.cira.ca. The registrant and AVI shall be subject to all
aspects of the registration agreement as defined by
CIRA.
AVI reserves the right to refuse to process the Registrant's service
application if AVI believes that it violates the registration agreement or any applicable
law.
The registrant understands that the role of .CA Registration is
limited to submitting an application to CIRA and that .CA Registration cannot guarantee
that the application for a specific domain name will be accepted.
The registrant acknowledges that it is responsible for providing and
updating correct registration information, to the best of its knowledge. This information
will be used by AVI to submit the application to CIRA.
3. FEES
The registrant agrees to pay AVI in accordance to the fee schedule
outlines in the pricing section of .CA Registration Web site.
These fees are payable to Add Value International Inc. Despite payment of fees by the
registrant, AVI cannot guarantee that the registrant's application will be accepted and
approved by CIRA. Payments made by the registrant to AVI are NON- REFUNDABLE and
are not reimbursable and/or transferable.
The registrant agrees to pay the registration fees as defined by AVI
by Visa or Master Card credit card in a secure environment, and/or by Certified Cheque
and/or by Money Order.
4. ELEMENTS OF THE AGREEMENT AS DEFINED BY CIRA
4.1 Agreement Between AVI And CIRA, And The Agreement Between The
Registrant and CIRA
AVI, as a CIRA-Certified Registration Authority, 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 http://www.cira.ca.
4.2 Agreement Provisions
AVI And The Registrant Agrees That:
- 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 AVI;
- 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;
- 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 AVI
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;
- 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;
- if applicable, AVI 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;
- in the event that AVI 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 AVI 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;
- the registrant acknowledges and agrees that, should the funds prepaid
by AVI 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 AVI, stop effecting registrations of domain names and transfers,
renewals, modifications and cancellations of domain name registrations requested by AVI,
and stop performing other billable transactions requested by AVI that have not been paid
in full, and CIRA may terminate the Registrar Agreement between CIRA and AVI;
- the registrant shall not, directly or indirectly, under the
registration or use of the domain name or otherwise:
- violate or contribute to the violation of the intellectual property
rights or other rights of any other person;
- defame or contribute to the defamation of any other person;
- unlawfully discriminate or contribute to the unlawful discrimination
of any other person;
- 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;
- CIRA has the right to amend, within reason, at any time the agreement
of the registration authority that it signed with AVI, 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 AVI 30 days after CIRA has informed it by e-mail of this. AVI 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 AVI;
- the registrant acknowledges and agrees that the registration of a
domain name does not entail for the registrant, AVI 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. AVI 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.
5. INTELLECTUAL PROPERTY
All material, including all texts, graphics, drawings, photographs,
as well as all trade marks and trade names used on the site as well as the selection and
layout of these marks and names are subject to intellectual property rights, including
copyrights, trade marks and patents, or the right of requesting their registration
internationally, held by or licensed to Add Value International unless otherwise
indicated. All intellectual property rights are hereto expressly reserved. Except as
expressly set forth in this agreement, no user's license or right to reproduce content
from Add Value International’s web sites is granted.
6. USE OF SITE
Add Value International hereby grants the registrant permission to
download or print copies of the terms and conditions, registration agreement and the
privacy policy found within this site along with those parts of the site that are required
for the sole purpose of using the site as a domain name management service. Use of the
information posted on the site for any other reason than outlined above is strictly
prohibited. Printing or copying of the HTML code or any other computer program viewed on
this site is strictly prohibited. The right, title and interest related to information or
software downloaded from this site shall not be transferred after downloading or copying
said information or software. Except as outlined the aforementioned, the registrant does
not have the right to reproduce, use, publish, transmit, distribute, sell, participate in
the selling of in part or in whole, execute, display, modify or create the works taken in
whole or in part from content of this site.
7. LIMIT OF LIABILITY
Use and Navigation within the .CA Registration and Add Value International sites are at the
registrant’s own risk. It is the responsibility of the registrant to take the
necessary precautions to protect itself from viruses, trojan horses and destructive
electronic bugs while on the .CA Registration and Add Value International sites. AVI
cannot guarantee that the use of its sites will be uninterrupted or be error-free.
Once the registrant’s domain name has been registered, AVI
shall not be held responsible for the use, by the registrant or a third party.
All declarations and conditions, whether explicit or implicit,
regarding the quality, profitability and satisfaction are excluded insomuch as is
permitted by law.
8. THIRD-PARTY LINKS AND CONTENT
Links to third party web sites are provided on the Add Value
International and .CA Registration sites for the convenience of the registrant. These
links do not act as an endorsement or sponsorship by AVI. The registrant uses these linked
sites at their own risk, with no liability falling on Add Value International Inc.
9. PERSONAL INFORMATION
A visitor can browse the .CA Registration and Add
Value International sites without revealing any personal information about themselves
including their email address. However, by filling in the domain name application or by
submitting an email through a contact us link, will have sent such personal information to
Add Value International. We will only use this information to provide the customer with
the products and services requested, to process their account, to enhance our services to
better suit their needs and to develop or inform customers of additional products or
services provided by Add Value International that may be of interest to them. When a
customer provides such personal information as their name, mail address, email address,
telephone number and credit card for account processing, navigation on the site will no
longer be anonymous.
We do not knowingly solicit information from or
market our products and services to children.
10. COMMUNICATING PERSONAL INFORMATION TO THIRD
PARTIES
When a customer provide Add Value International with
personal information for account processing/modifications and for product/service
purchasing, the information may be shared with CIRA for administrative purposes. At times,
Add Value International may send e-mail messages to customers informing them about
products and services as well as promotions that are being offered by Add Value
International or members of its strategic alliance group. When a visitor provides Add
Value International with an e-mail address and contact information for the first time,
they will be given the option to refuse delivery of certain e-mail and promotion
communications from Add Value International and its partners. Instructions are included in
Add Value International emails detailing how to cancel subscriptions if the customer
chooses not to receive further emails or business communications from Add Value
International for whatever reason.
11. SECURITY
Add Value International uses encryption and
authentication tools as well as other state-of-the-art methods on its sites in order to
protect the personal information of visitors and clients on the Internet. Please note,
however, that email communications sent by site visitors/clients to Add Value
International may not be secure. If the message is of a sensitive nature or includes
highly confidential information, such as credit card numbers, customers may prefer to
provide Add Value International with this information by mail or by telephone. Clients
must never disclose their user account and password information to anyone. It is expressly
prohibited for all users of our site to act in a manner that could in any way compromise
the security of the site.
If you have any questions regarding the terms and
conditions under which Add Value International and .CA Registration operate, please contact us. We’ll be happy to answer your questions.
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