The CIRA Canadian Shield service (the “Service”) is restricted to personal, non-commercial use for individual residents of Canada only. By configuring your computer(s), IP-enabled electronic devices and/or network equipment settings to use the Service, you agree to these Terms and Conditions (the “Terms”). The Terms are a binding legal agreement between you and the Canadian Internet Registration Authority (“CIRA”). In consideration of being permitted to use the Service, you agree to these Terms. If you do not agree to these Terms, do not use the Service.
1. The Service
a. CIRA grants you a non-exclusive, non-transferable right to use the Service for your personal, non-commercial use. CIRA reserves the right to re-direct or terminate DNS traffic that CIRA, in its sole discretion, determines or considers to be harmful. By using the Service, you provide your explicit consent that resolvers may block content. Except as set forth in this section, CIRA grants no other rights or licenses to you with respect to the Service.
b. The Service is being provided to you free of charge.
c. You may stop using the Service at any time by redirecting your DNS to another service.
d. The Service is restricted to the personal, non-commercial use by individual residents of Canada only. CIRA reserves the right at any time to disconnect the Service for anyone CIRA determines is using the Service for commercial use, who is not a resident of Canada, or who in CIRA’s determination, is using the Service for malicious purposes, including any breach of the Acceptable Use provisions set out in Section 7 or any other breach of these Terms. CIRA reserves the right at any time to disconnect the Service for anyone, for convenience, in CIRA’s sole discretion.
2. Ownership
You acknowledge and agree that the Service is the property of CIRA and its licensors and that the domain name server, software, and all data and know-how used in the provision and operation of the Service are owned exclusively by CIRA and its licensors, and where applicable, are protected by copyright and other applicable intellectual property laws and you claim no ownership interest therein. Nothing in these Terms grants you any rights to, and you agree not to modify, adapt, alter, copy, reverse engineer or disassemble the Service, including without limitation any software or data contained therein, in any way.
3. Change in Service
You acknowledge and agree that the Service may change over time, and that CIRA may, in its sole and absolute discretion, change or discontinue the Service, or portions thereof, at any time with no prior written notice to you, and with no further obligation to you. In the event CIRA discontinues the Service, CIRA will post a notice on its website.
4. Representations and Warranties
CIRA makes no representations or warranties with respect to the Service.
You represent and warrant that a) you are an individual resident of Canada; b) you will only use the Service for your own personal, non-commercial purposes; c) you will not use the Service for any malicious purposes, or in a manner that is prohibited by any law or regulation, including the Acceptable Use policies set out in section 7; and (d) you will not reverse engineer or otherwise use the Service to create a similar or competing service.
5. DISCLAIMER
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CIRA DISCLAIMS ANY IMPLIED WARRANTIES AND IMPLIED CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
CIRA MAKES NO WARRANTY REGARDING USE, THE ABILITY TO USE, OR THE RESULTS ARISING FROM USE OF THE SERVICE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS.
CIRA SHALL HAVE NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT ACCESSIBLE THROUGH THE SERVICE, OR FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM THAT MAY RESULT FROM YOUR USE OF THE SERVICE.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIRA, ITS EMPLOYEES, DIRECTORS, OFFICERS, SERVICE PROVIDERS AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND WHATSOEVER OR ANY LOST PROFITS, LOST REVENUES OR LOST DATA WITH RESPECT TO OR IN CONNECTION WITH YOUR USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE AND WHETHER OR NOT CIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CIRA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE FOR ANY REASON WHATSOEVER, REGARDLESS OF THE CAUSE OF ACTION, EXCEED ONE DOLLAR (CAD$1) WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, EVEN IF CIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SHALL DEFEND, INDEMNIFY AND HOLD CIRA HARMLESS FROM ANY LOSS, DAMAGE OR CLAIM SUFFERED BY CIRA OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, SERVICE PROVIDERS OR AGENTS ARISING IN CONNECTION WITH THIS AGREEMENT.
7. Acceptable Use
You agree to use the Service for lawful purposes only. You agree not to use the Service for any of the following impermissible purposes: (a) use of the Service in a manner that is prohibited by any applicable law or regulation; (b) use of the Service in a manner that violates the rights of any third party (including but not limited to intellectual property rights); (c) use of the Service for any invasive, infringing, defamatory or unlawful purpose; (d) use of the Service for any commercial purpose; or (e) use of the Service in a manner that, in CIRA’s reasonable discretion, directly or indirectly, produces a negative effect on CIRA’s systems or network (including, without limitation, overloading servers on the CIRA network or causing portions of the CIRA network to be blocked).
8. Amendment to Terms
CIRA may, in its sole discretion, revise these Terms at any time without advance notice to you. Your continued use of the Service after the revised Terms are posted online will confirm your acceptance of the revised Terms. CIRA encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Service. If you do not agree to the revised Terms, you must stop using the Service.
9. Miscellaneous
a. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the laws of Canada applicable therein, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the city of Ottawa in the Province of Ontario, Canada.
b. You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. CIRA may assign these Terms without your consent and without notice and upon any such assignment, CIRA shall be fully released from its obligations and liabilities hereunder and the assignee shall assume the rights, obligations and liabilities of CIRA as if the assignee were the original party to these Terms.
c. Except with respect to the limitation and exclusions of liability in Section 6 which are intended to extend to various third parties, these Terms do not provide and shall not be construed to provide third parties (i.e., non-parties to this Agreement), with any remedy, claim, cause of action or privilege. Nothing in these Terms shall be construed as creating an employer-employee or agency relationship, a partnership or a joint venture between the parties.
d. These Terms constitute the entire agreement between you and CIRA with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
e. A waiver of any provision of this Agreement by CIRA shall only be valid if provided in writing and shall only be applicable to the specific incident and occurrence so waived. The failure by CIRA to insist upon the strict performance of these Terms, or to exercise any term hereof, shall not act as a waiver of any right, promise or term, which shall continue in full force and effect.
f. In the event of any inconsistency between the English and French versions of these Terms, the English version shall govern.