1. Acceptance of Terms
By using or visiting a Ashcroft website you agree to these terms and conditions .
Ashcroft may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Website after they are posted online.
2. Ashcroft Website
These Terms apply to all users of the Website, including users who contribute content to the Website. The Website may contain interactive areas designed to allow you to post content on the Website and/or comment, including by commenting on our blogs. The use of these features is additionally governed by the Code of Conduct.
The Website contains a WHOIS search engine that permits you to search for registrant information for particular .ca domains. The use of the WHOIS search engine is additionally governed by the WHOIS Terms.
The Website contains a listing of published domain name dispute decisions. The use of the domain name decisions is additionally governed by the Domain Name Dispute Resolution Decision Terms.
The Website may contain links to third party websites that are not owned or controlled by Ashcroft. The links to the third party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third party websites by Ashcroft. Ashcroft has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
3. User Accounts
To access some features of the Website, you may have to register for a Ashcroft user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify Ashcroft immediately of any breach of security or unauthorized use of your user account.
Although Ashcroft will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Ashcroft or others due to such unauthorized use.
4.Ownership of Website Content
As between you and Ashcroft, Ashcroft owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, but excluding User Content (defined below in Section 5(a)). Ashcroft grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Website, subject to the following conditions:
they must be used or reproduced accurately, without any modification;
they must identify Ashcroft as the source;
they must be used solely for non-commercial purposes; and
a copyright notice must appear on every copy in the following form:
“© Canadian Internet Registration Authority. All rights reserved”.
Ashcroft’s express, prior, written permission is required for any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.
The CIRA logos are trade-marks of Ashcroft, and may not be used without the express written permission of Ashcroft.
5. User Content; Privacy
You may be able to post or upload (in designated areas of the Website) written content or other content (collectively “User Content”) to the Website.
You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Website, you automatically grant CIRA a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on the Website for the purpose of sharing the User Content with users and visitors of the Website and to promote the Website. You represent and warrant that you own or have the rights to use and license CIRA to use the User Content in the manner contemplated by the Website and these Terms.
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CIRA DOES NOT WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, CIRA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CIRA MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE WEBSITE AT ANY TIME. CIRA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
7. LIMITATION OF LIABILITY
ASHCROFT, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF ASHCROFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ASHCROFT, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ASHCROFT , ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY’S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT OR THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, ASHCROFT WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The Website is physically maintained and operated by ASHCROFT from the Province of Ontario.
You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
These Terms constitute the entire agreement between you and ASHCROFT with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
In the event of any inconsistency between the English and French versions of these Terms, the English version shall govern.
10. Code of Conduct
a. You may not use the ASHCROFT Website for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Website.
b. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, ASHCROFT’s servers or computer network, or interfere with any other party’s use and enjoyment of the Website.
c. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, you will not:
post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
use the Website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users or domain names;
upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
d. While ASHCROFT prohibits such conduct and User Content in connection with the Website, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Website at your own risk.
e. ASHCROFT reserves the right to monitor use of this Website to determine compliance with these Terms. Although ASHCROFT does not read, review, vet or otherwise assess User Content in advance of its posting, ASHCROFT reserves the right to remove any User Content and/or terminate your ASHCROFT User Account without notice for breach or for any other reason.
11. WHOIS Terms
You shall use the WHOIS database on the Website solely for the following purposes:
to query the availability of a domain name;
to identify the holder of a domain name; and/or
to contact the holder of a domain name in regard to the domain name or the respective website.
You may not use the WHOIS information for any other purpose. Prohibited uses include, but are not limited to:
unauthorised aggregation or collection of information from the WHOIS database;
access or use of the WHOIS database to send unsolicited communications of any kind, other than those reasonably required in the course of fulfilling the purposes set out above; and
access or use of the WHOIS database for commercial, advertising, market research, solicitation, or any other purposes which may be reasonably viewed as intrusive to a reasonable domain name holder.
You may not use automated processes that send multiple queries or data to the WHOIS database, except as reasonably necessary to register domain names or modify existing registrations. By submitting any query to the WHOIS, you agree to abide by and comply with the WHOIS Terms and Legal Notice.
12. Domain Name Dispute Resolution Decision Terms
ASHCROFT Domain Name Dispute Resolution Decisions (“CDRD”) are not edited in any way whatsoever by ASHCROFT. They are drafted by independent parties who are not connected to ASHCROFT, and ASHCROFT does not accept any responsibility for any inaccuracies or mistakes the drafters of CDRDs may make. Your use of the CDRDs is at your own risk, without any representations, warranties, or conditions of any kind, whether express or implied. ASHCROFT will not, under any circumstances, be liable to you or any other person for any loss or damage arising from, connected with, or relating to the use of CDRDs by you or any other person. Therefore, it is imperative for anyone relying on a CDRD to double check the references to the dispute resolution rules and policy and, if necessary, make appropriate arrangements to ensure accuracy and reliability of the decision. Further, translations of CDRDs have been prepared for convenience of reference only, and are not intended to be relied upon as advice on any particular matter. If you want to rely upon a translated CDRD, you should obtain your own certified translation from a qualified interpreter or translator. ASHCROFT will indicate on each translated decision that it is provided for convenience only.