For Sale Is it ok to lease a .ca domain?

[hugegrowth]

Another member here brought to my attention that it might not be permitted to lease a .ca domain under the terms of registration.

Anyone know if this is true or not?

 

[katherine]

This must be what you are looking for.

And of course:
https://services.cira.ca/agree/agreement/agreement.jsp

 

[hugegrowth]

Section 4.1g seems to cover leasing. From my take, it's ok if the other party would otherwise meet the requirements to own a .ca.

(g) not allow any third party to use or operate any Domain Name Registration registered in the name of the Registrant and not register any Domain Name as agent for, or on behalf of, any third party in any manner whatsoever, including without limiting the generality of the foregoing, for the purposes of lending, leasing, licensing or otherwise granting rights in such Domain Name Registration to any third party for monetary or non-monetary consideration, unless such third party: (i) otherwise qualifies under the applicable Registry PRP including without limitation CIRA’s Canadian Presence for Registrants which is located on CIRA’s website at www.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf; or (ii) is an Affiliate of the Registrant. For this purpose, “third party” means any Person other than CIRA and the Registrant.

 

[stewie]

Section 4.1g seems to cover leasing. From my take, it's ok if the other party would otherwise meet the requirements to own a .ca.

(g) not allow any third party to use or operate any Domain Name Registration registered in the name of the Registrant and not register any Domain Name as agent for, or on behalf of, any third party in any manner whatsoever, including without limiting the generality of the foregoing, for the purposes of lending, leasing, licensing or otherwise granting rights in such Domain Name Registration to any third party for monetary or non-monetary consideration, unless such third party: (i) otherwise qualifies under the applicable Registry PRP including without limitation CIRA’s Canadian Presence for Registrants which is located on CIRA’s website at www.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf; or (ii) is an Affiliate of the Registrant. For this purpose, “third party” means any Person other than CIRA and the Registrant.

Good info

Thanks :yo:

 

[Puckerhuddle]

Hugegrowth-Thanks for pointing that out. I read the document a while back and couldn't remember what section that was in.

I just had my first domaining anniversary. Registered my first domain name with the Google/Yola plan for free a year ago.

I really had no idea that domaining is as addictive as crack. Watch out for that free one.

 

[jstewart]

(g) not allow any third party to use or operate any Domain Name Registration registered in the name of the Registrant and not register any Domain Name as agent for, or on behalf of, any third party in any manner whatsoever, including without limiting the generality of the foregoing, for the purposes of lending, leasing, licensing or otherwise granting rights in such Domain Name Registration to any third party for monetary or non-monetary consideration, unless such third party: (i) otherwise qualifies under the applicable Registry PRP including without limitation CIRA’s Canadian Presence for Registrants which is located on CIRA’s website atwww.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf; or (ii) is an Affiliate of the Registrant. For this purpose, “third party” means any Person other than CIRA and the Registrant.

Hey Hugegrowth,

My interpretation of this has always been that you CANNOT lease a .CA domain. Anyone other then CIRA and the registrant is considered a 3rd party.

Am I interpreting this wrong?

Thanks!
J

 

[DanB]

You can always draft a deal where the 3rd party is "an Affiliate of the Registrant"...

 

[jstewart]

You can always draft a deal where the 3rd party is "an Affiliate of the Registrant"...

That may be true, but that's a pretty grey area and I don't think it is in the spirit of the agreement with CIRA, which at the end of the day is what will matter if a problem ever arises. It may be a loophole, but that doesn't lower the risk of an issue or being in wrong.

I must say, the wording for me is not entirely clear, but my interpretation is that you cannot lease. I hope someone proves me wrong!

 

[Puckerhuddle]

It might be that the intent is to make sure that the .ca's stay in Canadian control. The wording may be structured so that their are no violations of free trade acts.

 

[hugegrowth]

Read the part in the middle to the end, after: unless such third party:

there are two exceptions for the third party under (i) and (ii).

Someone tell me if I'm wrong, but if you are leasing say to another Canadian, you're ok.

 

[jstewart]

Thanks Hugegrowth,

I missed that. I would agree with what you said, but would love clarification from CIRA on this. Just the fact they took steps to put this in concerns me, but from what I am reading...that seems like great news!

 

[Puckerhuddle]

I would think that leasing to an entity that meets the standard set out in www.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf is all you need. It would appear Cira is putting the onus on the registrant to make sure that the requirements are met.

 

[jaydub]

The part that would make me nervous is - "not allow any third party to use or operate any Domain Name Registration registered in the name of the Registrant"

Section 4.1g seems to cover leasing. From my take, it's ok if the other party would otherwise meet the requirements to own a .ca.

(g) not allow any third party to use or operate any Domain Name Registration registered in the name of the Registrant and not register any Domain Name as agent for, or on behalf of, any third party in any manner whatsoever, including without limiting the generality of the foregoing, for the purposes of lending, leasing, licensing or otherwise granting rights in such Domain Name Registration to any third party for monetary or non-monetary consideration, unless such third party: (i) otherwise qualifies under the applicable Registry PRP including without limitation CIRA’s Canadian Presence for Registrants which is located on CIRA’s website at www.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf; or (ii) is an Affiliate of the Registrant. For this purpose, “third party” means any Person other than CIRA and the Registrant.