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Legal

Authentic Web Inc. (“Authentic Web”, “AW”, “we”, “us”, “our”, or “ours”) welcomes you to AW’s website authenticweb.com and any sub-sites thereof (the “Website”).

This is an Agreement between you and AW and governs your use of the Website and the content thereof. You understand, agree, and acknowledge that this Agreement constitutes a legally binding agreement between you and AW and that your use of the Website shall indicate your conclusive and irrefutable acceptance of this Agreement and you expressly consent to AW that you and any legal person you represent (collectively referred to as the “Customer”, “you”, “your” or “yours”), without limitation or qualification, to abide by and to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any legal person you purport to represent. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.

AW reserves the right to make changes to the Website and these Terms of Use at any time without prior notice to you. Updated Terms of Use will be posted on the Website and shall be effective immediately. You are responsible to view these Terms of Use prior to use of our Website. Continued use of the Website after any updates constitutes your consent to all changes.

Additional terms and conditions apply to you for certain services. Use of those services require you to agree to specific terms and conditions prior to use.

Copyright in content, materials and graphical elements on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof (the “Content”), are owned by AW or third parties from whom AW has licensed such content (the “Holders”). The reproduction and redistribution of any Content is prohibited except with written permission from the Holders. However, you are granted permission to access and use the Content for the sole purpose of preparing, evaluating, and purchasing AW services through the Website. The AW logo and tag line are trade-marks or service marks of the Holders. You may not use them without the written permission of the Holders. To make a request for permission and/or further information about how to obtain permission please contact: copyright@authenticweb.com

Third-Party Materials

Some of the information on the Website has been provided by external sources. AW is not responsible for the accuracy, reliability, and/or currency of the information provided by external sources. Users wishing to rely upon this information should consult directly with the source of the information. Furthermore, you acknowledge and agree that some of the materials and graphical elements found on the Website are subject to copyrights held by third parties. In such cases, some different restrictions on the reproduction of materials or graphical elements may apply and it may be necessary to seek permission from the rights holders prior to reproducing the materials. To obtain information concerning copyright ownership on the Website, please contact: copyright@authenticweb.com

There may be websites linked to and from the Website that are operated and/or created by or for organizations other than AW. You understand that AW does not operate or control these websites nor their content and that links to such websites are provided for your convenience only. You acknowledge that AW is not responsible and has no control over the content located on those third-party websites. Your use of those third-party websites may be subject to terms of use and privacy policies. You should review those terms and conditions of third-party websites before usage. Those organizations are solely responsible for the operation and information (including the right to display such information) found on their respective websites. The linking to or from the Website does not imply, on the part of AW, any endorsement or guarantee of any of the organizations or of the information (including the right to display such information) found on their respective websites. You agree that AW does not assume any liability whatsoever for the linking to any of these linked websites, the operation or content (including the right to display such information) of any of the linked websites, nor for any of the information, interpretation, comments, and/or opinions expressed in any of the linked websites. Any comments or inquiries regarding the linked websites are to be directed to the particular organization for whom the particular website is being operated.

Privacy Notice

At Authentic Web we are committed to protecting your privacy, and support a policy of openness about how we collect, use, and disclose your personal information. This page summarizes the privacy policy and practices on the Website. AW records and, randomly, monitors support telephone calls, emails, chat, and forum postings in order to enhance the professionalism and the provision of service quality of our staff, but AW will not share the information unless required to do so by law. Otherwise, AW does not automatically gather any specific personal information from you, unless required in order to deliver services to you, respond to inquiries, or for legal reasons. We obtain this type of information if you supply it by sending us an e-mail, register for any of our services, leave comments in our blog, or communicate with us via telephone, email, IM chats, and/or our forum. AW employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the IP address of the computer that has contacted our Website, the date and time of the visit, the pages visited, the operating system of your computer, and the specific program used by you. We make no attempt to link the information with the identity of individuals visiting our Website unless an attempt to damage the Website has been detected. AW uses cookies when you login to a secure portion of the Website. The purpose for the cookie is for convenience, (i.e., so that you do not have to re-enter your login information every time you proceed to a different page within the secure part of the Website). AW will not collect any specific and identifiable personal information from your computer. There may be a few other times when cookies are in use. If cookies are in use at any other time and you have your cookies notification option activated on your browser the system will notify you before any cookies are used so that you may refuse them. For a detailed review of our Privacy Policy, please go to: authenticweb.com/privacy.

Use of the Website

You warrant to AW that:

  • you will not use the Website and any content thereof;
  • for any unlawful or prohibited purpose including, but not limited to for purposes that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious, fraudulent, illegal, and/or immoral.
  • use the Website for impersonation, misrepresentation, fraudulent statements, and/or the display or distribution of immoral works, and/or illegal works.
  • to reverse engineer, decompile, translate, disassemble, rent, lease, assign, transfer or redistribute any Content to another person or legal entity;
  • otherwise for any objectionable purposes;
  • in any manner whatsoever which may cause the Website and the services, to become disabled, damaged, overloaded, or impaired or interfere other visitors’ use and enjoyment of the Website and/or the service;
  • to obtain or attempt to obtain any materials or information from the Websites and the services through any means not intentionally made available or provided for through the Website and/or the services.
  • to monitor or copy the Website the content thereof and any services offered therein through any robot, spider, other automatic devices, or manual processes except as specifically permitted in this Agreement.

you warrant that you will only use the Website and the content thereof:

  • according to the terms and conditions set out in this Agreement, any other agreement and terms and conditions that AW and you may have entered in to for the services, and any other applicable federal, provincial, territorial, national, or international laws.

You warrant and represent that you have all necessary right to provide your content and that it does not violate the intellectual property rights or any other rights (such as privacy rights) of any third party.

Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as required by law and our Privacy Policy. Anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information. Therefore, you grant us a worldwide, royalty-free and non-exclusive license (including the assignment of the moral rights) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display any of your supplied content in connection with your use of our Website and/or services.

AW assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. Authentic Web also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading any materials data text or images from the Website.

Authentic Web Inc. Services.

Our Domain Name Asset Manager service, our Brand Registry Asset Manager services, and any other services we may offer from time to time are accessible through a secure login portion of the Website. These services are available to you, the Customer on a fee basis for the purpose of managing .brand, generic, country code and geographic domain name ecosystems. These and any additional services may be purchased and delivered through the Website. All services shall be governed by these Terms of Use and any other applicable agreements entered into between you and us.

Your Account, Password and Security

In order to utilize any Service on the Website you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you are using the Website and/or any services offered therein.

You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Authentic Web will not be liable for any loss or damage arising from your failure to comply with this section.

You also agree not to provide your account access to any party other than representatives of your corporation who have been provided access by the system Administrator. This is strictly prohibited for any person representing or associated with any organization that provides similar or related services to Authentic Web. Please note that any breach of this clause is deemed a material breach of this Agreement and AW may terminate this Agreement and any other agreements you and AW have entered in to without prior notice.

Notice

We may provide communications and notices to you by means of a general notice on the Website or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48) hours of transmission by mail or within twelve (12) hours of transmission by email or immediately by notice on the Website. You may withdraw your consent to receive electronic communications, however doing so may also require that you discontinue your use of the Website and/or services. You may provide notice to us by sending an e-mail to support@authenticweb.com or by sending a written notice by first class mail or prepaid post to: Attention: Customer Service, Authentic Web Inc. 219 Dufferin Street, Suite 201C Toronto Ontario M6K 3J1. Such notice shall be deemed effective when received by us.

Term and Termination

If you breach any provision of this Agreement, you may no longer use the Websites. AW may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Websites or any parts thereof, or in its sole discretion, change, suspend or terminate, temporarily or permanently your permission to use the Websites without any prior notice to you or any other person and without any liability to AW. If this Agreement or your permission to use the Website is terminated by you or AW for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Websites, the content thereof, and any services offered therein; and (b) AW may continue to use and disclose your personal information in accordance with the AW Privacy Policy as amended from time to time.

Disclaimer of Warranties

Your use of the Website and the content thereof is at your sole risk. AW has no liability for any errors or omissions in the content whether provide by AW or by a third party.

THE WEBSITE AND THE CONTENT THEREOF ARE AVAILABLE AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “WHERE IS” BASIS, WITHOUT ANY WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, AUTHENTIC WEB MAKES NO REPRESENTATIONS OR WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN CONNECTION WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, INFORMATION, PRODUCT OR SERVICE CONTAINED ON THE WEBSITE. AW AND ITS AND AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF AW HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. AW WILL NOT BE LIABLE FOR LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

Authentic Web and its affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding any content we provide including its availability, accuracy, spelling or grammar, or that your use or the results of your use of our Website, and/or services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner.

Limitation of Liability

Authentic Web is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data or your content. Authentic Web and its affiliates and agents and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Website only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Website, services or any third party Information, (iii) personal injury or property damages; (iv) any unauthorized use of or access to the Website, the services, any of our servers including, without limitation, any User Content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of services related to the Website or third party websites; any viruses, worms, bugs or the like which may be transmitted to or from the Website of any third party website ; (vi) any user content or conduct that violates our any of our policies that we may implement from time to time; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the Website or the services made available through the Website or any act or omission by Authentic Web, even if advised of the possibility of such damages.

Authentic Web’s liability and your exclusive remedy related to non-performance of the Website shall be an equitable credit not to exceed the charges invoiced to you for the use of the Website.

In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Authentic Web’s aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Website must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred.

Unlawful Activity

AW reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that AW will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct. When requested, AW will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.

Remedies for Violations

AW reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to AW’s Website and its features.

Indemnification

You agree to indemnify, defend and hold Authentic Web and its affiliates and its and their officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, “Claims”) arising out of or related to any act or omission by you in using the Website or any product or Service ordered via the Website including but not limited to your violation of this Agreements and/or policies found on the Website or infringement of any third party proprietary rights by you.

Jurisdiction and Governing Law

Unless otherwise noted in any applicable services agreement, this Agreement and all matters arising out of or relating thereto will be governed by the laws of the Provide of Ontario without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this Agreement shall be brought in the courts located in Toronto, Ontario, Canada. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

Severability

In the event that any part of a provision of the terms and conditions set out in this Agreement is held to be invalid, unenforceable, or void, such provision shall, by the adjudicating body, be applied to the fullest extend possible and shall be read-down only to the extent absolutely necessary to comply with applicable law. If any provision of the terms and conditions set out in this Agreement is held to be invalid, unenforceable, or void, such provision shall be severed from the Agreement. The fact that part of a provision or an entire provision has been held to be invalid, unenforceable, or void such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and AW relating to your use of the Website and supersedes all previous agreements, written, oral or otherwise, between you and AW with respect to your use of the Website. You may be subject to additional terms and conditions when you use, purchase or access certain services on the Website.

Assignment

The provisions of this Agreement shall enure to the benefit of and be binding upon each of AW and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of AW which may be withheld in AW’s sole discretion. AW may assign this Agreement and its rights and obligations under this Agreement without your consent.

Waiver

No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

Language

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

Authentic Web Registration Agreement

IN THIS REGISTRATION AGREEMENT, “Registrant”, “you” and “your” refers to the you and your Users of each domain name registration, “we”, “us” and “our” refers to Authentic Web Inc. (“AW”), and “Services” refers to the domain name registration services provided by us (the “Registrar”). Any reference to a “registry,” “Registry” or “Registry Operator” shall refer to the registry administrator of your TLDs. This Agreement and the Master Services Agreement and any Schedules thereto explain our obligations to you, and explains your obligations to us for the Services.

SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee to any of your authorized users who are permitted to register and/or manage domain names under the TLD for which we are providing Services (the “User”) that the Users will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of the User’s application. You and your Users represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which you and your Users intend to use any domain name, infringes upon the legal rights of a third party and further, that the domain name is not being registered for, nor shall it at any time whatsoever be used for, any unlawful purpose.

FEES. As consideration for the Services, you agree to pay us the fees as set out in the Master Services Agreement and any commercial summary as applicable. You agree and understand that AW may terminate this Agreement and/or cancel, suspend, and/or transfer any domain name if: (i) information provided by you or your Users is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you or your Users have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement, which will entitle either us or the registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.

TERM. This Agreement will remain in effect until such time that the Master Services Agreement is terminated, has expired, or all domain names that AW manages on Your behalf have been transferred to another registrar, the terms and conditions of this Agreement shall cease.

MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that AW may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN or to reasonably adjust to changing circumstances. All amendments to this Agreement will be posted on our website. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you created your account with us when entering in to the Agreement. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.

NO GUARANTEE. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

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 adopted by the registry. 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 applicable policy. If AW is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, AW may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) AW is directed to do so by the judicial or administrative body, or (ii) AW receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, AW may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.

POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer (1) to correct mistakes by us or the registry in registering the name; (2) for the resolution of disputes concerning the domain name; and/or (3) to respond to any legal obligations imposed by a competent government authority.

ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. 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.

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 fully set out in the Master Services Agreement.

INDEMNITY. You agree to release, indemnify, and hold AW, its contractors, agents, employees, officers, directors and affiliates, ICANN and its respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name, whether used by yourself, your Users, licensed to a third party, including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable 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 the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.

TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois shall be the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured shall be deemed the designate of the Registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

RENEWALS AND FORFEITURE. Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire.

You will be entitled to a grace period of forty (40) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration may apply.

If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name.

BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy provided by us, 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 fifteen (15) 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.

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 express 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.

INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (a) your name, postal address, e-mail address, and voice and fax (if available) telephone numbers; (b) the domain name being registered; (c) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and (d) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name. Any voluntary information we request is collected in order that we can continue to improve the products and services.

DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. 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 our Whois service) or other purposes as required or permitted by ICANN and applicable laws. (a) 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. (b) You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller. (c) We will not process or maintain 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. (d) We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.

OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN.

REVOCATION. We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent with any term, condition, policy, or procedure of the Master Services Agreement, the term, condition, policy, or procedure of this Agreement shall prevail.

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.

NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given in accordance with the Master Services Agreement.

ENTIRETY. You agree that this Agreement, any appendices, the Master Services Agreement, any further schedules to the Master Services Agreement that you have executed, the applicable dispute policy and the rules and policies published by the registry or other governing authority, are the complete and exclusive agreement between you and us regarding our Services.

NO THIRD PARTY BENEFICIARIES. This Agreement shall not be construed to create any obligation by either AW or Registrant to any non-party to this Agreement. Enforcement of this Agreement, included any provisions incorporated by reference, is a matter solely for the parties to this Agreement.

GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

FORCE NATURE. You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

PRIVACY. Information collected about you is subject to the terms of AW’s privacy policy, the terms of which are hereby incorporated by reference. AW’s privacy policy can be found at: https://authenticweb.com.

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.

WHOIS Privacy Services

INTERPRETATIONUnless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the General Terms and Conditions of the Master Services Agreement.DISPLAY OF PUBLIC INFORMATION; WHOIS REGISTRYWhen you select the WHOIS Privacy Service option for a domain name registered through us the public (“WHOIS”) contact and ownership information for each domain, i.e. registrant, technical, billing and administrative contact fields will be displayed as follows:

Registration Private

Privacy Domain (privacy.authenticweb.com)

Authentic Web Inc.
219 Dufferin Street, Suite 201C
Toronto Ontario M6K 3J1 CA
416-583-3770
domainprivacy@authenticweb.com

DOMAIN NAME OWNERSHIP

You will retain all ownership rights in your domain name, including the ability to sell, transfer or renew each domain and to manage your domain name servers according to applicable ICANN, Tucows, and Authentic Web policies, rules, and procedures.YOUR CONTACT INFORMATION

You agree to maintain true, accurate and up-to-date contact information in your account. We will use this information to forward to you correspondence that we receive regarding your domain name.

USE OF THE SERVICE

You may elect to use the WHOIS Privacy Service for domains you have registered with us and for domains you have transferred to us (once your domain registration is complete). For domains to be transferred to or from us, you must first disable the current WHOIS Privacy Service before initiating the transfer.

SERVICE FEES

We will charge you the applicable Service fees according to our fee schedule established in our Master Services Agreement. Fees are non-refundable even if your WHOIS Privacy Service is terminated early. We may modify the pricing for the WHOIS Privacy Service at any time.

RIGHT TO DISABLE OR SUSPEND PRIVACY SERVICE

Authentic Web reserves the right, in its sole discretion and without liability to you or any third party, to disable, suspend, or terminate your WHOIS Privacy Service and to reveal your identity in certain circumstances, including:

  • To comply with applicable laws or regulations
  • To determine whether an alleged breach of law or regulation has occurred
  • In response to valid legal service of process
  • In response to notice of a claim or complaint including UDRP or any other applicable dispute resolution.
  • To avoid legal liability and/or financial loss to us
  • If, in our reasonable discretion, you use the WHOIS Privacy Service to conceal your involvement with illegal, illicit, objectionable or harmful activities
  • If you transmit any kind of spam, viruses, worms or other harmful computer programs
OUR CONTACT INFORMATION

We can be contacted using the following information:

Authentic Web Inc.
219 Dufferin Street, Suite 201C
Toronto Ontario M6K 3J1

Toll Free: 1-855-436-8853
General: 1-416-583-3770
Fax: 1-416- 583-3760

Sales: info@authenticweb.com
Support: support@authenticweb.com
Billing: billing@authenticweb.com

Additional TLD Terms and Conditions

NOTE: the terms and conditions and TLDs listed below may be updated at ANY time pursuant to instructions received from the various applicable TLD registries and the TLD registries for whom Authentic Web is and/or becomes a Registrar.For any additional policies that apply to you via your brand TLD, please visit your brand TLD website to make sure you understand and agree to those additional terms and conditions.The additional provisions, as set out below, apply to any domain names that you register through Authentic Web as your Registrar with the various Registries:.com/net Domains: In the case of a “.com” or “.net” registration, the following terms and conditions will apply:

Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;

For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Authentic Web is located, presently Toronto, Ontario.

Uniform Domain Name Dispute Resolution Policy

Policy Adopted: August 26, 1999
Implementation Documents Approved: October 24, 1999

Notes:

Policy Adopted: August 26, 1999
Implementation Documents Approved: October 24, 1999

Notes:
  1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.
  2. This policy has been adopted by all ICANN-accredited registrars. It has also been adopted by certain managers of country-code top-level domains (e.g., .nu, .tv, .ws).
  3. The policy is between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant). Thus, the policy uses “we” and “our” to refer to the registrar and it uses “you” and “your” to refer to the domain-name holder.

Supplemental Authentic Web Terms of Use for the DNS Inspector™ Services

These supplemental terms of use (the “Supplemental Terms of Use”) apply to the Authentic Web DNS Inspector™ services (the “DNS Inspector Service”) that is accessible via authenticweb.com and, if you are a subscriber to any of Authentic Web’s SaaS services, via your Authentic Web customer portal/account (collectively, the “Site”).  These DNS Inspector Services terms of use are supplemental to the Authentic Web website terms and conditions (authenticweb.com/legal/) and, if you have subscribed to any of Authentic Web’s SaaS services, also to the terms and conditions of that agreement between you and Authentic Web.  Therefore, these Supplemental Terms of Use hereby incorporate by reference, all of the aforementioned.  If there is any inconsistency between the Authentic Web website terms and conditions, the Authentic Web’s SaaS services terms and conditions, and these Supplemental Terms of Use, then the latter shall take precedent.  Any reference to all the appliable terms as referenced herein, shall be referred to as “Terms of Use”. 

BY USING THE DNS INSPECTOR SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE DNS INSPECTOR SERVICES.

In addition, you expressly consent to Authentic Web, that you and any legal person you represent (collectively referred to as the “Customer”, “you”, “your” or “yours”), without limitation or qualification, to abide by and to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any legal person you purport to represent (including your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates). You are responsible for ensuring that all persons (including all of your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates) who access and use the DNS Inspector Service through your account are aware of these Terms of Use and that they comply with them at all times.

Authentic Web reserves the right, to change, modify, and/or remove portions of these Terms of Use, at any time at its sole discretion. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the DNS Inspector Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Authentic Web grants you a personal, non-exclusive, non-transferable, revocable, non-assignable, limited privilege to use the DNS Inspector Service.

DNS Inspector Service Description and Limitations 

The DNS Inspector Service is a service of Authentic Web that scans DNS records to inspect how those records are visible and configured on the public DNS.  The purpose of the DNS Inspector Service is to bring visibility to IT and InfoSec teams to inform them of exposure risk that they need to inspect to better manage and mitigate risks identified within the DNS records. 

It is important to note, and you hereby acknowledge and agree that Authentic Web cannot guarantee all probes are accurate at any point in time due to various limitations of the Internet such as name server or web servers failing to respond at the time a probe has been executed. As such all indicators must be reviewed by your own teams to validate the risks identified to take appropriate action.  

Also, the depth of the probe will depend on your configuration and enablement of the DNS Inspector Service within your organization, and thus the DNS Inspector Service may probe only the Apex records of your second level domains (example.com) as opposed to deeper checks into the zone files due to authorization limitations and/or deployment restrictions.

Intellectual Property License

  1. “IP Rights” shall have the following meaning: (i) any and all proprietary rights anywhere in the world provided under: (A) patent law; (B) copyright law (including moral rights); (C) trade-mark law; (D) design patent or industrial design law; or (E) any other statutory provision or common law principle applicable to this Agreement, including trade secret law, that may provide a right in either hardware, software, content, documentation, Confidential Information, trade-marks, ideas, formulae, algorithms, concepts, inventions, processes or know-how generally, or the expression or use of such hardware, Software, content, documentation, Confidential Information, trade-marks, ideas, formulae, algorithms, concepts, inventions, processes or know-how; (ii) any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any other evidence of a right in any of the foregoing; and (iii) any and all licenses and waivers and benefits of waivers of the intellectual property rights set out in paragraphs (i) or (ii) above, all future income and proceeds from the intellectual property rights set out in paragraphs (i) or (ii) above, and all rights to damages and profits by reason of the infringement or violation of any of the intellectual property rights set out in paragraphs (i) or (ii) above.  IP rights shall include the DNS Inspector Services and platform. 
  2. Subject to the terms and conditions of Terms of Use and subject to Customer’s full compliance with the terms and conditions of these Terms of Use including, if applicable, the timely payment of any subscription fees, Authentic Web hereby grants to you a non-exclusive, limited, non-transferable, non-sub-licensable, personal, revocable, world-wide license during your subscription term to use and access the DNS Inspector Services and other reasonably necessary Authentic Web IP Rights (the “Licensed Property”) only to the extent necessary to receive the benefit of the DNS Inspector Services from Authentic Web and for your own internal use and purposes only in accordance with the following terms: 
    1. the Licensed Property is licensed for use only by you (and/or your affiliates’) employees or contractors; 
    2. you (and you shall procure and ensure that your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates) shall not alter, destroy or remove any copyright, trade secret, patent, trademark, or other proprietary or legal markings or notices placed upon or contained within the Licensed Property or any supporting media; 
    3. you (and you shall procure and ensure that your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates) shall  not  modify,  transform,  merge,  alter,  copy, distribute, publicize, disseminate, display, translate, disassemble any trade secrets, any sensitive or proprietary information, and any Confidential Information of, included in or related to, or otherwise reproduce or tamper with, the Licensed Property or any other Authentic Web IP Rights or create any derivative works thereof;
    4. the Licensed Property is licensed only for the use set out in these Terms of Use and, if applicable, in any accompanying user documentation, and you (and you shall procure and ensure that your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates) shall not use the Licensed Property for any purpose other than to receive and use the DNS Inspector Services in the manner contemplated therein or in any manner that would be unlawful, illegal, prohibited, offensive or damaging to Authentic Web or any third party; and
    5. you (and you shall procure and ensure that your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates) shall not transfer, sell, sublicense, sublease, charge or otherwise deal in or encumber the Licensed Property or make the Licensed Property available to any third party, and any attempt to do so shall be null and void and shall constitute a material breach of these Terms of Use.
  3. subject to these Terms of Use, each Party shall remain the owner of all IP Rights it owns prior to the Effective Date and that which it creates in the performance of its obligations under these Terms of Use. As between the Parties and vis à vis any third party, Authentic Web shall remain the sole and exclusive owner of all Authentic Web IP Rights and any and all components thereof, whether owned on the Effective Date or acquired thereafter. The rights granted to you pursuant to these Terms of User are personal utilization licensee rights and merely entitle you, subject to these Terms of Use, to receive the DNS Inspector Services. No property, ownership or real right or interest in any Authentic Web IP Rights or any component thereof is granted, assigned, conveyed, transferred, licensed or sold to you by virtue of these Terms of Use. You covenant to execute and provide all documents reasonably necessary from time to time in order to protect Authentic Web’s rights, title and interest in any and all Authentic Web IP Rights or any component thereof in any jurisdiction. 
  4. Forthwith upon the expiration or termination of these Terms of Use, the Customer shall forthwith return all Authentic Web IP Rights to Authentic Web, and upon request shall also provide Authentic Web with a certificate of a duly authorized officer of your organization attesting that no Authentic Web IP Rights remain in your possession or control.
  5. You hereby grant Authentic Web a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use, modify, and transfer any suggestions or service enhancements, requests, recommendations provided by you and your employees, officers, director, contractors, and affiliates of yours and any of the aforementioned of those affiliates for the purpose of incorporating them into Authentic Web future product and service enhancements.  
  6. You (and you shall procure and ensure that your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates)  will not (and will not allow any third party to), in whole or in part: (I )host, outsource, sell, resell, license, sub-license, rent, lease, transfer, assign, distribute, time-share, or otherwise commercially exploit or make the Authentic Web IP Rights available to any third party without the prior written consent of Authentic Web; (ii) alter, modify , or remove any proprietary rights or copyright notice or identification that indicates Authentic Web’s ownership of the Authentic Web IP Rights; (iii) copy, modify, create a derivative work of, reverse engineer, disassemble, decompile, translate, discover any source code of (or algorithms, structure or organization), or modify the Authentic Web IP Rights in any manner or form, including for the purposes of building a competitive product or service or building a product or service using similar ideas, features, functions or graphics of the Authentic Web IP Rights; (iv) use unauthorized modified versions of the Authentic Web IP Rights; (v) interfere with or disrupt the integrity or performance of the Authentic Web IP Rights or the data contained therein; (vi) attempt to gain unauthorized access to the Authentic Web IP Rights or any related systems or networks; (vii) use the Authentic Web IP Rights for any purpose that is unlawful, not contemplated by, or prohibited under this Agreement; or (viii) create Internet “links” to or from the Authentic Web IP Rights, or “frame” or “mirror” any content forming part of the Authentic Web IP Rights, other than on Customer’s own Intranet or otherwise for its own internal business use.
  7. In using any Services, you (and you shall procure and ensure that your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates) shall: (i) maintain the confidentiality of login names and passwords and account information required for access to them; (ii) be solely responsible for any and all activities that occur under you account; (iii) ensure that all your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates who use and/or benefit from any part of the DNS Inspector Services are bound by written confidentiality restrictions that are at least as restrictive as Terms of Use; (iv) use commercially reasonable efforts to prevent unauthorized access to, or use of, the DNS Inspector Services, and notify Authentic Web promptly of any such unauthorized use or loss or theft of login names or passwords, and reasonably cooperate with Authentic Web to remedy such situation; and (v) abide by all applicable laws. Authentic Web reserves the right to suspend or replace any one or more of the login names if Authentic Web determines that such login names have been used for an unauthorized purpose. You and your employees, officers, director, or contractors and affiliates of yours and any of the aforementioned of those affiliates may not use any login name which does not belong to you/them.

Trial and/or Free DNS Inspector Service Subscription

Sometimes, we offer the DNS Inspector Service or features thereof free of charge, such as via a pre-release subscription, beta release subscription, a courtesy subscription, or a trial subscription. The Terms of Use apply to all of the aforementioned too.  Some use and functionality limitations may apply, and we will let you know what these are when we make the Trial and/or Free DNS Inspector Service Subscription available to you. You can use Trial and/or Free DNS Inspector Service Subscription for as long as we provide them to you at our sole and absolute discretion. 

Payment and automatic renewal

If you purchased the DNS Inspector Service and when you share your payment information (credit or debit card or bank details or any other acceptable payment type by us) with us or our authorized payment provider (such as Stripe© and/or PayPal©), you are authorizing us (or, our authorized payment provider) to charge your payment type for the initial purchase amount, as well as any subscription renewals.

If any of your payment details change (like bank details, credit card number or expiry date) please let us know as soon as possible so we can continue to provide the DNS Inspector Service when it comes time for renewal.

Your paid subscription will be automatically renewed at the end of its term unless you have decided not to enroll in or have opted-out of automatic renewal. We may email you in advance to let you know that your subscription is due for renewal and will charge your payment type within 30 days before the subscription is due to end.   Please note, however, that your subscription will auto renew, and you will be bound by the renewal even if we have not sent you a reminder of such renewal unless you have notified us, in writing or via your account, of non-renewal 30 days prior to the then current subscription term. The amount charged will be the price of the DNS Inspector Service at the time of renewal, which might be different to the amount you originally paid. It is your responsibility to ensure the email address on your account is up-to-date. 

Authentic Web may change the price you pay for the DNS Inspector Service at any time after any Trial and/or Free DNS Inspector Service Subscription (if applicable) and for any of the following reasons: legal or regulatory reasons; improvements to the services we offer or new features; or in response to market factors such as changes in taxes, inflation, currency fluctuations or changes in infrastructure or administrative costs.

No Unlawful or Prohibited Use 

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site and the DNS Inspector Service, or in any way reproduce or circumvent the navigational structure or presentation of the Site and the DNS Inspector Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site and the DNS Inspector Service. Authentic Web reserves the right to bar any such activity.

You may not probe, scan, or test the vulnerability of the Site, the DNS Inspector Service or any network connected to the Site and the DNS Inspector Service, nor breach the security or authentication measures on the Site and the DNS Inspector Service or any network connected to the Site and the DNS Inspector Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site and the DNS Inspector Service, or any other customer of Authentic Web, including any Authentic Web account not owned by You, to its source, or exploit the Site and the DNS Inspector Service or any service or information made available or offered by or through the Site and the DNS Inspector Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site and the DNS Inspector Service.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site and the DNS Inspector Service or Authentic Web systems or networks, or any systems or networks connected to the Site and the DNS Inspector Service or to Authentic Web.

Disclaimers

AUTHENTIC WEB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTHENTIC WEB DISCLAIMS ANY AND ALL LIABILITY FOR ANY ACTS, OMISSIONS AND CONDUCT INCLUDING THAT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE.  THEREFORE, AUTHENTIC WEB DOES NOT PROMISE THAT THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE WILL PROVIDE SPECIFIC RESULTS. THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE ARE NOT INTENDED TO BE RELIED UPON AS ADVICE ON ANY PARTICULAR MATTER OR TO BE ACCURATE, RELIABILE, AND CURRENT. AUTHENTIC WEB 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 THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE BY YOU OR ANY OTHER PERSON. 

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE.  THUS, YOUR USE OF THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE IS AT YOUR OWN RISK.  THEREFORE, IT IS IMPERATIVE FOR ANYONE REQUIRING RELIABLE INFORMATION THAT YOU HAVE FOUND ON THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE, TO DOUBLE CHECK THE INFORMATION INDEPENDENTLY AND, IF NECESSARY, MAKE APPROPRIATE ARRANGEMENTS TO ENSURE ACCURACY, RELIABILITY, AND CURRENCY OF THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE BY CONSULTING WITH RELEVANT PROFESSIONAL ADVISORS. 

YOUR SOLE REMEDY AGAINST AUTHENTIC WEB FOR DISSATISFACTION WITH THE DNS INSPECTOR SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE DNS INSPECTOR SERVICE IS TO STOP USING THE DNS INSPECTOR SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Authentic Web reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the DNS Inspector Service, or any portion of the DNS Inspector Service, for any reason; (2) to modify or change the DNS Inspector Service, or any portion of the DNS Inspector Service, and any applicable policies or terms; and (3) to interrupt the operation of the DNS Inspector Service, or any portion of the DNS Inspector Service, as necessary to perform routine or non-routine maintenance, error correction, or any other changes.

Export control

The DNS Inspector Service is subject to export controls under the Canadian and local country laws. You agree that you will not directly or indirectly export, transmit, permit access or use of the DNS Inspector Service and its related documentation and technical data to an individual, entity, or country to which export, transmission or access is restricted by export control laws, without the required authorization of the relevant governmental entity with jurisdiction over export or transmission. You will not use, transfer or access the DNS Inspector Service for end use relating to any nuclear, chemical or biological weapons, missile technology, or the military end use or for a military end user unless authorized by relevant local government by regulation or specific license. 

Limitation of Liability

Except where prohibited by law, in no event will Authentic Web be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Authentic Web has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Authentic Web is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the DNS Inspector Service and/or Authentic Web’s provisions of the DNS Inspector Services, Authentic Web’s liability shall in no event exceed the lesser of (1) the total of any subscription or similar fees with respect to the DNS Inspector Service paid in the six months prior to the date of the initial claim made against Authentic Web, or (2) Canadian $100. Some jurisdictions do not allow limitations of liability, in which case the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Authentic Web, its officers, directors, shareholders, consultants, contractors, suppliers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Authentic Web by any third party due to or arising out of or in connection with your use of the DNS Inspector Service.

Confidentiality

  1. Each Party acknowledges that it would be damaging to the other Party if its Confidential Information were disclosed to or obtained by third parties. Accordingly, each Party shall use all commercially reasonable efforts during the term of the subscription and thereafter to prevent the other Party’s Confidential Information from being disclosed to or obtained by any person or entity for any purpose except as described herein without the express written consent of the other Party.
  2. Subject to the other Party’s prior written approval, either party may use the other Party’s name and may reference this Agreement in articles, brochures, and marketing materials without disclosing the specifics of this Agreements.
  3. Subject to the exceptions listed below, a party’s “Confidential Information” shall be defined as information disclosed by a party to the other party under this Agreement and which, under the circumstances surrounding disclosure, ought to be considered as the confidential information of such party. However, a party’s Confidential Information will not include any information that: (a) is or becomes publicly available through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a Third Party without restriction on disclosure; or (d) is independently developed by the other party, its employees or agents without access to the party’s Confidential Information. Each party agrees to hold the other party’s Confidential Information in strict confidence, not to disclose such Confidential Information to Third Parties not authorized by the disclosing party to receive such Confidential Information, not to release the Confidential Information except to employees requiring the Confidential Information in the performance of their duties and who are made aware of and who are bound by obligations no less onerous than the confidentiality obligations set out herein, and not to use such Confidential Information for any purpose except as expressly permitted hereunder. Each party agrees to take reasonable steps to protect the other party’s Confidential Information to ensure that such Confidential Information is neither disclosed or distributed, nor used in violation of the provisions of this Agreement. The foregoing prohibition on disclosure of Confidential Information will not apply to the extent certain Confidential Information is required to be disclosed by the receiving party as a matter of law or by order of a court or an applicable regulatory agency, provided, if permitted by law, the receiving party has provided written notice of such order or regulatory request and has afforded the disclosing party an opportunity to seek an appropriate protective order.
  4. The parties’ obligations of confidentiality under this Agreement will not be construed to limit either party’s right to independently develop or acquire products and/or services without use of the other party’s Confidential Information. 
  5. If a party discloses or uses (or threatens to disclose or use) any of the other party’s Confidential Information in breach of its confidentiality obligations set out in these Terms of Use, such other party will have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.
  6. It is not a breach of the confidentiality obligations set out in these Terms of Use to disclose:
    1. Confidential Information required to be disclosed by law, judicial or arbitration process or by governmental authorities provided that the receiving party first give the disclosing party reasonable notice, where possible, of such law, order or process and takes all reasonable steps, at the disclosing party’s expense to restrict such disclosure and protect the confidentiality to the extent possible; and
    2. The terms of this Agreement to a bona fide purchaser or potential purchaser of more than 20% of the party’s shares (whether by sale of stock or by merger or other reorganization) or all or substantially all of a party’s assets, provided that the purchaser or potential purchaser has agreed, in writing, to be bound by the confidentiality obligations herein. 
  7. The receiving party may only disclose the disclosing party’s Confidential Information to those of its employees and those of its contractors, agents, suppliers or vendors (the “Agents”) if and when such employees and agents:
    1. have a need to know for the Confidential Information;
    2. are not in any way, directly or indirectly, providing competing services to any services and/or products provided by Authentic Web; and
    3. are under a written obligation with the receiving party to keep confidential such information with the terms that are substantially the same as the confidentiality provisions set out in this section.
  8. In such cases, the receiving party shall, prior to disclosing the information to such employees and Agents, advise them of their obligations under this section and shall remain liable for any breach of this section by such employees, contractors, agents, suppliers, and/or vendors.
  9. Neither party shall copy or reproduce the other’s Confidential Information except as may be required for the performance of its obligations hereunder. All copies shall, on reproduction, contain the same proprietary and confidential notices and legends, which appear on the original documents and information.
  10. Each party, upon the request of the other, shall return all of the other party’s Confidential Information and copies in its possession to the other party or destroy such Confidential Information and copies as directed by the other party and provide to such party a certificate of an officer of the party certifying such destruction.