AGREEMENT. In this Registration
Agreement ("Agreement") "you" and "your" refer to
the registrant of each domain name registration, "we", “us" and
"our" refer to TUCOWS Inc. and “Services” refers to the domain name
registration provided by us as offered through (“RSP”). This Agreement explains our obligations to
you, and explains your obligations to us for various Services.
SELECTION OF A DOMAIN NAME. You represent that:
(i)
the data provided in the domain name
registration application is true, correct, up to date and complete,
(ii)
to the best of the your knowledge and
belief, neither this registration of a domain name nor the manner in which it
is directly or indirectly to be used infringes upon the legal rights of a third
party;
(iii)
that the domain name is not being
registered for nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever
(iv)
the registered domain name will be
used primarily for bona fide business or commercial purposes and not (a)
exclusively for personal use, or (b) solely for the purposes of (1) selling,
trading or leasing the domain name for compensation, or (2) the unsolicited
offering to sell, trade or lease the domain name for compensation;
(v)
you have the authority to enter into
this Registration Agreement; and
(vi)
the registered domain name is
reasonably related to your business or intended commercial purpose at the time
of registration.
FEES. As consideration for the
Services you have selected, you agree to pay the RSP the applicable service(s)
fees. All fees payable hereunder are
non-refundable. As further
consideration for the Services, you agree to: (1) provide certain current,
complete and accurate information about you as required by the registration
process and (2) maintain and update this information as needed to keep it
current, complete and accurate. All
such information shall be referred to as account information ("Account
Information"). By submitting this
Agreement, you represent that the statements in your Application are true,
complete and accurate.
TERM. This Agreement shall remain
in full force during the length of the term of your domain name registration(s)
as selected, recorded, and paid for upon registration of the domain name.
Should you choose to renew or otherwise lengthen the term of your domain name
registration, then the term of this Registration Agreement shall be extended
accordingly. Should the domain name be transferred to another Registrar, the
terms and conditions of this contract shall cease.
MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision
or change will which shall be effective immediately upon posting on our web
site or upon notification to you by e-mail or your country’s postal service
pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site
periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by providing us with
notice by e-mail or postal service pursuant to the Notices section of this
Agreement. Notice of your termination
shall be effective after processing by us.
You agree that, by continuing the use of Services following notice of
any revision to this Agreement or change in service(s), you shall be bound by
any such revisions and changes. You
further agree to be bound by the ICANN Uniform Dispute Resolution Policy
(“Dispute Policy”) as presently written and posted on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time.
You acknowledge that if you do not agree to any such modifications, you
may request that your domain name be deleted from the domain name database.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use your Account Identifier and
Password that you selected when you opened your account with us. 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.
DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy
may be found at http://www.opensrs.org/legal/udrp.shtml. Please take the time to familiarize yourself
with this policy.
DOMAIN NAME DISPUTES. You acknowledge having read
and understood and agree to be bound by the terms and conditions of the
following documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(i)
The Uniform Domain Name Dispute
Resolution Policy (“Dispute Policy), available at
http://www.icann.org/udrp/udrp.htm;
(ii)
The Start-Up Dispute Resolution Policy
(“SUDRP”), available at http://www.neulevel.com/countdown/stop.html; and
(iii)
The Restrictions Dispute Resolution
Criteria and Rules (“RDRP”), available at http://www.neulevel.com/;
(collectively, “Dispute Policies”).
The SUDRP sets forth the terms and conditions
in connection with a dispute between a registrant of a .biz domain name
(“Registrant”) with any third party (other than Neulevel, Inc. (“Registry
Operator”) or Tucows over the registration or use of a .biz domain name
registered by you that is subject to the Start-up Intellectual Property
Notification Service (“SIPNS”). SIPNS
is a service introduced by Registry Operator to notify a trademark or service
mark holder (“Claimant”) that a second-level domain name has been registered in
which that Claimant claims intellectual property rights. In accordance with the SUDRP and its
associated Rules, those Claimants will have the right to challenge
registrations through independent ICANN-accredited dispute resolution
providers.
The Dispute Policy sets forth the terms and
conditions in connection with a dispute between a Registrant and any party
other than the Registry Operator or Registrar over the registration and use of
an Internet domain name registered by Registrant.
he RDRP sets forth the terms under which any
allegation that a domain name is not used primarily for business or commercial
purposes shall be endorsed on a case-by-case, fact specific basis by an
independent ICANN-accredited dispute provider.
POLICY. You agree that your
registration of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Tucows, Registry Operator, ICANN or
government-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with an ICANN or government-adopted policy, (1) to correct
mistakes by us or the applicable Registry in registering the name or (2) for
the resolution of disputes concerning the domain name.
AGENCY. Should you intend to
license use of a domain name to a third party you shall nonetheless be the
domain name holder of record and are therefore responsible for providing your
own full contact information and for providing and updating accurate technical
and administrative contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain name. You shall accept liability for harm caused
by wrongful use of the domain name. You
represent that you have provided notice of the terms and conditions in this
Agreement to a third party licensee and that the third party agrees to the
terms hereof.
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 solely limited to the
amount you paid for such Service(s).
Neither we nor our contractors or third party beneficiaries shall be
liable for any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or for the cost
of procurement of substitute services.
Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such jurisdictions, our
liability is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or liability
resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized use or
misuse of your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability resulting from
the interruption of your Service. You agree that we will not be liable for any
loss of registration and use of your domain name, or for interruption of
business, or any indirect, special, incidental, or consequential damages of any
kind (including lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
INDEMNITY. You agree to release,
indemnify, and hold us, our contractors, agents, employees, officers,
directors, affiliates and third party beneficiaries harmless from all
liabilities, claims and expenses, including attorney's fees, of third parties
relating to or arising under this Agreement, the Services provided hereunder or
your use of the Services, including without limitation infringement by you, or
someone else using the Service of any intellectual property or other
proprietary right of any person or entity, or from the violation of any of our
operating rules or policy relating to the Service(s) provided. You also agree
to release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the 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 shall be a breach of your Agreement and may result in deactivation
of your domain name.
TRANSFER
OF OWNERSHIP. The person named as Registrant at the time the user name and
password are secured shall be the owner of 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. Your domain name will not be transferred
until we receive such written assurances or other reasonable assurance that the
Transferee has been bound by the contractual terms of this Agreement (such
reasonable assurance as determined by us in our sole discretion) along with the
applicable transfer fee. 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. You
acknowledge that you will not be entitled to change registrars during the first
sixty (60) days following the registration of your domain name.
BREACH. You agree that failure to
abide by any provision of this Agreement, any operating rule or policy or the
Dispute 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 thirty (30) 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.
NO GUARANTY. You acknowledge that
registration or reservation of your chosen domain name does not confer immunity
from objection to either the registration, reservation, or use of the domain
name.
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:
(i)
Your name and
postal address (or, if different, that of the domain name holder);
(ii)
The domain name
being registered;
(iii)
The name, postal
address, e-mail address, and voice and fax (if available) telephone numbers of
the administrative contact for the domain name;
(iv)
The name, postal
address, e-mail address, and voice and fax (if available) telephone numbers of
the billing contact for the domain name.
Any other
information, which we request from you at registration, is voluntary. Any
voluntary information we request is collected for the purpose of improving the
products and services offered to you through your RSP.
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, 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.
You hereby consent to any and all such
disclosures and 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.
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 RSP.
We will not process 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.
We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen (15) calendar days
to inquiries by us concerning the accuracy of contact details associated with
the your registration shall constitute a material breach of this Agreement and
be a basis for cancellation of the domain name registration.
RIGHT OF REFUSAL. We, and/or Registry
Operator, in our sole discretion, reserve the right to refuse to register or reserve
your chosen domain name or register you for other Services. In the event we do not register or reserve
your domain name or register you for other Services, or we delete your domain
name or other Services within such thirty (30) calendar day period, we agree to
refund your applicable fee(s). You
agree that we shall not be liable to you for loss or damages that may result
from our refusal to register, reserve, or delete your domain name or register
you for other Services.
We reserve the right to delete or transfer your
domain name following registration if we believe the registration has been made
possible by a mistake, made either by us or by a third party. We also reserve the right to suspend a
domain name during resolution of a dispute.
SEVERABILITY. You agree that the terms
of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remaining terms and
provisions will remain in full force and effect.
NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
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 by
sending it via e-mail or via postal service. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the case of
e-mail, notifications must be sent to us at lhutz@tucows.com,
or in the case of notification to you, to the e-mail address provided by you in
your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise
it will be deemed to have been delivered on the next business day. In the case
of regular mail notice, valid notice shall be deemed to have been validly and
effectively given 5 business days after the date of mailing and, in the case of
notification to us or to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified in
the “Administrative Contact” in your WHOIS record.
ENTIRETY. You agree that this
Agreement, the rules and policies published by us and the Dispute Policy are
the complete and exclusive agreement between you and us regarding our Services.
This Agreement and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or precedent.
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.
INFANCY. You attest that you are of
legal age to enter into this Agreement.
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.
