Terms of Service

.TO Domain

Register.TO Website is owned and operated by Exclusive Technologies Inc. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and https://register.to/ in relation to your use of the Website and/ or the Services and apply to all users of the Services, whether registered or not, on the Website.

As used in this Agreement, “https://register.to/", "we," "us," and "our" shall mean Register.TO and its subsidiaries and affiliates. By accessing or using the services available through our Website (the "Services"), and you agree to be bound by these Terms of Service. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Register.TO for, services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.

Register.TO, at our sole discretion, may modify or revise these Terms of Service, privacy policies and price of services at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. In the interest of clarity, it is stated that any free service can be converted into paid subscription service at any given time. Although Register.TO may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

THIS IS A LEGAL AGREEMENT AND BY PURCHASING OUR SERVICES OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF SERVICE ON BEHALF OF YOURSELF OR THE ENTITY YOU MAY REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SERVICE ON BEHALF OF YOURSELF OR THE ENTITY YOU MAY REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS OF SERVICE, YOU SHOULD DISCONNECT REGISTER.TO AND CEASE USING IT. IT IS STRONGLY RECOMMENDED THAT YOU READ OUR TERMS OF SERVICE BEFORE PURCHASING OUR SERVICES. NO REFUNDS SHALL BE GRANTED AFTER THE PURCHASE OF THE SERVICES.

Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada

Advertising Regulation means any present or future code of practice, including the Broadcast Canadian Code of Advertising, adjudication, decision, direction or rule of any Advertising Regulator and includes any modifications, amendments or extensions thereof in force from time to time.

Content means report text, graphics, images, music, software, audio, video, information or other materials.

You/User is a person who purchased the Register.TO Service(s) and or completes Register.TO’s account registration process.

Representative means, an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, distributors and attorney associated with the company.

Site or Sites means https://register.to/

Third-Party means services offered by the organization/individual who is not a party to this Agreement.

Spam Policy

Register.TO has a zero-tolerance spam policy. It is forbidden to send unsolicited mail from or to our servers under any circumstance. Penalties amounting to a minimum of $150.00 CAD, plus applicable taxes if you are a Canadian User, can be charged for a first offence, and penalties double for repeat offenders.

Email Delivery

Hosting accounts are not to be used to send out large quantities of emails simultaneously. There is a limit of 200 emails sent per hour, per account. Emails sent after the 200th in one hour will not be delivered. Mailing lists can have a maximum of 500 recipients. If you do send more than 25 emails at any given time, you must activate a "throttling" feature in your mailing application when sending, so that every delivery is delayed by a minimum of 10 seconds so as not to overcharge the server. You may not attempt to circumvent this limit by linking multiple hosting accounts together. If you would like to send larger quantities of legitimate commercial emails, please inquire about our commercial email marketing solutions with our sales team. You may not send emails with attachments greater than 20 MB. Each mailbox must not exceed 2GB in total size. Users are encouraged to download or archive their emails on a regular basis using software such as Microsoft Outlook, Apple Mail, or Thunderbird using the POP3 protocol, and deleting read emails from the server.

Backups

Hosting accounts may not use their disk space for backup storage, or storage of any files not directly linked from their websites. You may store a maximum of 1 backup of your web hosting account on the server at any time. Please do not make backup copies of your backups within your hosting account. If needed, the User can generate backup copies during off-peak hours, from midnight to 5 AM EST. It is strictly forbidden to generate backups of your account between 5 AM and 11:59 PM EST, as this can seriously degrade the system's performance. This applies to backups generated from the cPanel, or any other type of automated backup such as those performed by third-party services and automated plug-ins. Register.TO regularly backs up hosting accounts on its servers. Due to the resource-intensive nature of the backup process, Register.TO cannot guarantee the regular and consistent backup and/or restore of accounts that exceed 10 GB of total data (including emails, databases, regular files, statistics, and configuration files). Accounts that store more than 10 GB of data risk no longer being backed up automatically. Manual backups by the User will still be possible at any given time. To re-activate automatic backups, the User must bring the total amount of data stored on his account to less than 10 GB of data and contact our support department. Files exceeding 1 GB will not be included in the regular backups.

Resource Usage

In order to guarantee reliable Service, Hosting Accounts may not use more resources than what would be required by a regular website in the course of its regular activities. Accounts may not use more than 5% of the total Register.TO system resources for a period longer than 60 seconds. This includes CPU cycles, RAM usage, disk space, and bandwidth. Accounts found to be exceeding the allowed resource usage may be suspended without prior notice in order to prevent serious service degradation. Register.TO will attempt to notify the User whenever possible and work with them to resolve any resource usage problem. Often, these types of problems may be resolved by repairing a faulty script, disabling a resource-intensive application, or banning malicious IP addresses from your account. Users consistently using excessive resources may be required to transfer their account on a separate dedicated or private server, where resource usage limits are not imposed. Register.TO server resources cannot be used for any other purpose than to serve data from your websites. Under no circumstance can the server resources be resold, or used for data processing outside of the context of serving web pages or other web-accessible content to your Website's visitors. Please note that our hosting environment is not intended for extremely resource-intensive sites. In these cases, custom dedicated server solutions or virtual private servers are recommended.

Disk Space Usage

In order to protect our Users from other users consuming an excessive amount of resources, we have established the following rules concerning the use of disk space on our Hosting accounts:

a. You may not use your web hosting space to store files that are not directly related to your Website, and that are not linked to directly from at least one section of your Website.

b. You may not store more than 5,000 immediate files in any given folder (or directory), or more than the total files (inodes) allowed by your hosting account, as follows:

  • Starter Web Hosting: 100,000 inodes
  • Pro Web Hosting: 200,000 inodes
  • Ultimate Web Hosting: 300,000 inodes
  • You may not sell or offer free disk storage on our servers to third parties, outside of the context of our Reseller services.
  • You may not increase your actual disk space usage by more than 10 GB in a 24-hour period without prior written notice.

Processes

All processes invoked by the web server, cron, shell or other should not exceed the following limits:

  • Open more than 64 files simultaneously.
  • Create core dumps.
  • Be executed continuously as a background process.
  • Execute more than 5 threads or sub-processes simultaneously.
  • Execute more than 5 consecutive URL rewrite rules.
  • Be executed for a period longer than 60 consecutive seconds.

Databases

  • Database users are limited to 30 simultaneous connections.
  • Databases are limited to a maximum size of 1 GB each.
  • The total number of database requests should not exceed 5,000 per hour.
  • Remote database access is only allowed for administrative purposes. It is forbidden to use databases hosted on Register.TO servers in conjunction with scripts hosted elsewhere.

Allowed Software and Scripts

All software and scripts installed on your account must be free of vulnerabilities, viruses, and malware. Any software having vulnerabilities documented on the Internet is strictly forbidden on our servers. It is your responsibility to update all your installed software with the latest security patches in a timely manner. Register.TO provides automatic installation tools that can also handle automatic software updates shortly after the vendors release updates. However, it is ultimately solely your responsibility to maintain up-to-date versions of your software on your account. Popular web applications such as WordPress, Drupal, Joomla, phpBB, along with their plug-ins, modules, and add-ons, are particularly vulnerable to exploits due to their popularity, so additional vigilance must be used to ensure the software is safe and up-to-date. Insecure scripts and software may be disabled by Register.TO at any time without prior notice to prevent issues with the server's security.

Unlawful Conduct or Improper Use

You may not use any of Register.TO's services for illegal purposes. You agree to comply with any applicable local, provincial, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to Register.TO if, for any reason, Register.TO takes corrective action with respect to Your improper or illegal use of its services. Register.TO reserves the right at all times to disclose any information as Register.TO deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in Register.TO's sole discretion. For our complete privacy policy, please consult https://register.to/privacy-policy.

Register.TO reserves the right to terminate services, in its sole discretion, if you are using the services, in association with spam or morally objectionable activities including, but not limited to:

a. Activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties.

b. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including any pirated content or tools.

c. Transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and material that is obscene, defamatory, an invasion of privacy or constitutes an illegal threat, or is otherwise illegal.

d. Misrepresenting or fraudulently representing services.

e. Impersonating the identity of a third party.

f. Illegal access to other computers or network (i.e. hacking) and distribution of Internet viruses or similar destructive activities.

g. Violating Canadian or American export control laws for software or technical information.

h. Facilitating, aiding, or encouraging any of the above activities, whether using Register.TO's network or Service by itself or via a third party's network or Service.

i. Interference with a third party's use of Register.TO's network or Service, or ability to connect to the Internet or provide services to Internet users.

The following uses of our servers are strictly forbidden:

a. Facilitating, aiding, or encouraging any of the above activities, whether using Register.TO's network or Service by itself or via a third party's network or Service.

b. Interference with a third party's use of Register.TO's network or Service, or ability to connect to the Internet or provide services to Internet users.

Adult Content

Explicit or pornographic content is strictly forbidden from Hosting Accounts.

Shell Access

Shell access is disabled by default on Hosting Accounts, but may be enabled by submitting a request via our helpdesk. The "find" Unix command may not be used on a directory having more than 5 levels of sub-directories because it is resource-intensive.

Downloads

You may not offer downloads of third-party content (i.e. software, games, tools, video, audio, images or other media that were not directly created by you or for which you do not have a distribution agreement). These are commonly referred to as "mirror" download sites. Instead, you are encouraged to link to the vendor's original download site.

Chat Software

Due to the resource-intensive nature of these programs, you may not install and use real-time chat software on Hosting Accounts.

Cron Jobs

Cron jobs must not be scheduled more often than once every 10 minutes. Two or more separate Cron jobs may not be executed at the same time; a minimum of 5 minutes should separate two scheduled executions. You may not schedule a total of more than 5 cron jobs on any hosting account.

General

To provide the service promised to you Register.TO Services rely on or interoperate with third-party services. These third-party Services are beyond Register.TO’s control, but their operation may impact or be impacted by the use and reliability of the Register.TO Services. You acknowledge and agree that: (i) the use and availability of the Services are dependent on third-party Service vendors and service providers, (ii) these third-party services may not operate in a reliable manner 100% of the time, and they may impact the way that the Register.TO Services operate, and (iii) Register.TO is not responsible for damages and losses due to the operation of these third-party services.

Register.TO does not control, and is not responsible for e-mails sent from outside Register.TO’s domain or other means of electronic communication; and that by using the Website and the Service, you may be exposed to Content that is, inaccurate or otherwise misleading. You acknowledge and agree that you are responsible and bear all risks associated with the use of our Services, and that under no circumstances will Register.TO be liable in any way for any loss or damage of any kind incurred as a result of our Services.

You agree to release Company, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the Services or object to any Content, your sole remedy is to cease using them.

Reseller Program

Participation in the Reseller Program is limited to parties that lawfully can enter into and form contracts under applicable law. You can become our Reseller by enabling the Reseller option for your account here: https://register.to/reseller-program. However, we reserve the right to approve or reject ANY Reseller Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Reseller Program Application :

You shall be required to share the following details:

  • Your Company's Website URL Address
  • Your Company's Website Platform (what app platform you use to register / re-sell domains)
  • Your Company's Server IP Address(es) for us to allow API access [one or multiple IPs separated by commas].
  • Your Company's Expected Amount of domain Registrations/Transfers per Month [estimate].
  • You shall then have access to our API to register domains through your account with us. However, this process through the API requires you to use the end-user registrant's information to make the registration. You agree and acknowledge that you shall be adding the correct Customer information while registering the domains. You further agree that the customer brought by you shall be treated your Customer and not Register.To’s Customer. You shall be required to have proper terms of service and privacy policy for your website. Register.To reserves the right to reject the application if it finds that your terms of use and privacy policy are not appropriate.

Affiliate program

Participation in the Affiliate Program is limited to parties that lawfully can enter into and form contracts under applicable law you can become our Affiliate by turning the reseller program on However, we reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application. Our current affiliate commission rate is 15%.

When you sign-up for the affiliate program from within your Register.To the User account, you are provided to use our affiliate link. Once a User uses this link, it creates an affiliate cookie stored on the User’s computer, which expires in 30 days. Any new Customer brought with the help of this link within 30 days shall be marked as an Affiliate Sale. The sale is then calculated into the affiliate's total sales. The amount of time the link has been clicked is also tracked/recorded. The affiliate can see how many visits he/she generated, how many sales, and how much commission they have made. You shall not see your total sales in dollars; you shall only be able to see your total visits and commission in dollars on those sales.

Electronic Communications

When you send an e-mail or chat electronically with Register.TO, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Register.TO provides to you electronically satisfy legal requirements that such communications be in writing.

Use Of The Services

You will not prepare the replica of our Service and or use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service and Content, except as expressly permitted by Register.TO or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Register.TO will not be liable on account of any inaccuracy of information on this web Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on Register.TO unless specifically authorized by Register.TO in this regard

Ownership and Intellectual Property

The software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Register.TO and its licensors. Register.TO and its licensors reserve all rights in and to the software not expressly granted to you herein. There are no implied licenses herein. All suggestions or feedback provided by you to Register.TO with respect to the software shall be Register.TO’ property. Register.TO may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.

This Website, our Service and all other Content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of Canada.

You acknowledge and agree that Register.TO owns, controls or is licensed all legal rights, title and interests in and related to the Service and Website, including all intellectual property rights. You may not:

  • modify or copy the idea of trade, layout or appearance of the Service and Website or any computer software or code contained in the Website; and/or
  • decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at https://register.to/contact

You acknowledge that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by Register.TO or its affiliates or our licensors. Your possession, access, and use of the software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Register.TO and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.

You may not use the Content of the Services in any other public or commercial way nor may you copy or incorporate any of the Content of the Services into any other work, including your own web site without the written consent of Register.TO . You must have a license from us before you can post or redistribute any portion of the Services.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Limitation of Liability

IN NO EVENT SHALL REGISTER.TO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE DEVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE(INCLUDING YOUR SMARTPHONE), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REGISTER.TO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT REGISTER.TO SHALL NOT BE LIABLE FOR 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 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY REGISTER.TO FROM ITS FACILITIES IN CANADA AND USA. REGISTER.TO MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

REGISTER.TO AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REGISTER.TO OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SHALL APPLY EVEN IF REGISTER.TO IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF REGISTER.TO OR GROSS NEGLIGENCE OF REGISTER.TO IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.

Disclaimer of Warranties

YOUR USE OF THE OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Termination

Register.TO reserves the right, in its sole discretion to terminate User and Reseller’s right to access and use the Services if User and Reseller violate these Terms or any other terms or policies referenced herein, or if otherwise create risk or possible legal exposure for us. Furthermore, we reserve the right to disable any domain name that goes against our terms, which may or may not be hosted by us, but is registered with us or through our Reseller Program.

Entire Agreement/ Severability

These Terms of Service constitute the entire agreement between You and Register.TO, in relation to Your use of our Service, Website and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Service, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Register.TO relating to this subject matter, and cannot be changed or terminated orally.

Assignment

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Register.TO, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

Non-waiver

Failure by either Register.TO or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Indemnification

You agree to defend, indemnify and hold harmless Register.TO and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any content to, on or through our website. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Force Majeure

Register.TO shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

Governing Law And Arbitration

Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: (i) the Service shall be deemed solely based in Ontario and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Ontario or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.

Arbitration Procedures

In the event parties are interested to use Arbitration for any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.

Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defence.

Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other - for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.

Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.

Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at https://register.to/contact

.TO Domain Name
We are GDPR compliant. We use cookies to improve your experience on our website.
   Cookie Policy Continue
×