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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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INFANCY. You attest that
you are of legal age to enter into this Agreement.
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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
