|
|
1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer
to each customer, "we", us" and "our" refer to Tucows.com Inc. and "Services" refers to the
domain name registration provided by us as offered through Third-Net.Com INC, the
Registration Service Provider ("RSP"). This Agreement explains our obligations to you,
and explains your obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your
knowledge and belief, neither the registration of the SLD name nor the manner in which it
is directly or indirectly used infringes the legal rights of a third party and that the Domain
Name is not being registered for any unlawful purpose.
3. FEES. As consideration for the services you have selected, you agree to pay to us, or your
respective RSP who remits payment to us on your behalf, 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"). You, by completing and submitting this
Agreement represent that the statements in your application are true.
4. TERM. You agree that the Registration Agreement will remain in full force during the
length of the term of your Domain Name Registration. Should you choose to renew or
otherwise lengthen the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. This Agreement will remain in full
force during the length of the term of your Domain Name Registration 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 will be extended accordingly. Should you transfer your domain
name or should the domain name otherwise be transferred due to another Registrar, the
terms and conditions of this contract shall cease and shall be replaced by the contractual
terms in force for the purpose of registering domain names then in force between SLD
holders and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement,
that we may: (1) revise the terms and conditions of this Agreement; and (2) change the
services provided under this Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or change to the service(s) on
our web site, or on notification to you by e-mail or regular mail as per the Notices section of
this agreement. You agree to review our web site, including the Agreement, periodically to
be aware of any 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 regular
mail as per the Notices section of this agreement. Notice of your termination will be
effective on receipt and processing by us. You agree that, by continuing to use the Services
following notice of any revision to this Agreement or change in service(s), you shall abide
by any such revisions or changes. You further agree to abide by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that,
by maintaining the reservation or registration of your domain name after modifications to
the Dispute Policy become effective, you have agreed to these modifications. 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.
6. 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. Please safeguard your Account Identifier and
Password from any unauthorized use. In no event will we be liable for the unauthorized use
or misuse of your Account Identifier or Password.
7. 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 which 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.
8. 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 in effect at the time of the dispute. 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 Dispute Policy. For any dispute, you agree to
submit to the jurisdiction of the courts of The Province of Ontario.
9. ICANN POLICY. You agree that your registration of the SLD name shall be subject to
suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to
correct mistakes by Registrar or the Registry in registering the name or (2) for the
resolution of disputes concerning the SLD name.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall
nonetheless be the SLD 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 SLD. You shall accept liability for harm caused by
wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the
party providing you reasonable evidence of actionable harm. You also represent that you
have provided notice of the terms and conditions in this Agreement to the third party and
that the third party agrees to the terms of Disclosure and Use of Registration Information
(sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP 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.
12. 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). We and our
contractors shall not 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 states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such states, 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 mis-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.
13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities, claims and
expenses, including without limitation Network Solutions, Inc., and the directors, officers,
employees and agents of each of them, 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 with your computer, 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 may be considered by us to be a
breach of your Agreement and may result in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. The person named as administrative contact at the
time the controlling 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.
15. 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.
16. NO GUARANTY. You agree that, by registration or reservation of your chosen domain
name, such registration or reservation does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
17. 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.
18. 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 such that we can continue to improve the products and services offered to you
through your RSP.
19. 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 ICANN and
applicable laws may require or permit. 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 the
applicable laws.
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.
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 access or disclosure, alteration or destruction of that
information.
20. 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 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 SLD registration.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other Services within thirty (30)
calendar days from receipt of your payment for such 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.
22. 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.
23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of joint enterprise between the
parties.
24. 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.
25. 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 regular mail. 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 notification
to us or to the RSP to [email protected] or [Insert E-mail Address for RSP ] or, in the
case of notice to you, at 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 the RSP shall be sent to:
Tucows.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto, Ontario M6K 3M1
- OR - [Insert RSP address] and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record.
26. 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.
27. 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.
28. INFANCY. You attest that you are of legal age to enter into this Agreement.
29. 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.
|
