|
|
1. 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. If you are registering your name during the finite
period of time when owners of trademarks and service marks issued prior to October 2,
2000 and having national effect will have the exclusive opportunity to register identical
domain names (?Sunrise Period?), you agree to comply with the procedures, terms and
obligations. You acknowledge and agree that registrations for domain names during the
Sunrise Period will only be accepted for a minimum registration term of five (5) years.
2. SELECTION OF A DOMAIN NAME. You represent that, 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 and,
further, that the domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services you have selected, you agree to pay the RSP the
applicable service 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.
4. 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.
5. 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. If you have registered your name during the
Sunrise Period, you agree to be bound by the Sunrise Dispute Resolution Policy (?Sunrise
Dispute Policy?) found at (http://www.afilias.com/faq/sunrise-challenge.html). 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.
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. 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.
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 Policies that are incorporated herein and made a part of this
Agreement by reference. The current version of the general registration 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 Sunrise Dispute Policy or the Dispute Policy, as applicable. 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 Sunrise Dispute Policy or Dispute
Policy, as applicable.
9. POLICY. You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to a Tucows, Registry Operator, ICANN or
government-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with a Tucows, Registry Operator, ICANN or government-adopted policy, (1)
to correct mistakes by us or the Registry in registering the name or (2) for the resolution of
disputes concerning the domain name.
10. 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.
11. 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.
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). 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.
13. 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.
14. 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.
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 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.
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 for the purpose of improving 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 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.
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 (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.
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. 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 within a thirty (30) day period
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 any dispute.
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 Policies 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 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 [email protected], 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.
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.
|
