1. AGREEMENT. In this
Registration Agreement ("Agreement") "you"
and "your" refer to the registrant of each domain
name registration and/or recipient of email forwarding services,
"we", "us" and "our" refer to
TUCOWS Inc., "Registry Operator" refers to The Global
Name Registry Ltd. and "Services" refers to the
domain name registration and email forwarding provided by
us as offered through Biznesshosting, Inc. This Agreement
explains our obligations to you, and explains your obligations
to us for various Services.
2. .name RESTRICTIONS. Registrations
in the .name top-level domain must constitute an individual's
"Personal Name". For purposes of the .name restrictions
(the "Restrictions"), a "Personal Name"
is a person's legal name, or a name by which the person is
commonly known. A "name by which a person is commonly
known" includes, without limitation, a pseudonym used
by an author or painter, or a stage name used by a singer
or actor.
3. .name REPRESENTATIONS. As a .name
domain name Registrant, you hereby represent that:
(i) the registered domain name or second level domain ("SLD")
email address is your Personal Name.
(ii) the data provided in the domain name registration application
is true, correct, up to date and complete and that you will
continue to keep all of the information provided correct,
current and complete,
(iii) 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;
(iv) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose
whatsoever;
(v) the registration satisfies the Eligibility Requirements
found at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and
(vi) you have the authority to enter into this Registration
Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services for which you have registered may, at your
option, include email forwarding. To the extent you opt to
use email forwarding, you are obliged to do so in accordance
with all applicable legislation and are responsible for all
use of email forwarding, including the content of messages
sent through email forwarding.
(ii) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet
and email usage. This includes, but is not limited to the
Acceptable Use Policy, available at
http://www.theglobalname.org/
as well as the following restrictions. Without prejudice to
the foregoing, you undertake not to use email forwarding:
(a) to encourage, allow or participate in any form of illegal
or unsuitable activity, including but not restricted to the
exchange of threatening, obscene or offensive messages, spreading
computer viruses, breach of copyright and/or proprietary rights
or publishing defamatory material;
(b) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including
all attempts at guessing passwords, checking or testing the
vulnerability of a system or network or breaching the security
or access control without the sufficient approval of the owner
of the system or network;
(c) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding,
Denial of Service (DoS) attacks, wilful attempts to overload
another system or other forms of harassment; or
(d) for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited email, junk mail, the use
of distribution lists (mailing lists) which include persons
who have not specifically given their consent to be placed
on such distribution list. Users are not permitted to provide
false names or in any other way to pose as somebody else when
using email forwarding.
(iii) Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with
a history of abuse from entering Registry Operator's email
forwarding. However, due to the nature of such systems, which
actively block messages, Registry Operator shall make public
any decision to implement such systems a reasonable time in
advance, so as to allow you or us to give feedback on the
decision.
(iv) You understand and agree that Registry Operator may delete
material that does not conform to clause (c) above or that
in some other way constitutes a misuse of email forwarding.
You further understand and agree that Registry Operator is
at liberty to block your access to email forwarding if you
use email forwarding in a way that contravenes this Agreement.
You will be given prior warning of discontinuation of the
email forwarding unless it would damage the reputation of
Registry Operator or jeopardize the security of Registry Operator
or others to do so. Registry Operator reserves the right to
immediately discontinue email forwarding without notice if
the technical stability of email forwarding is threatened
in any way, or if you are in breach of this Agreement. On
discontinuing email forwarding, Registry Operator is not obliged
to store any contents or to forward unsent email to you or
a third party.
(v) You understand and agree that to the extent either we
and/or Registry Operator is required by law to disclose certain
information or material in connection with your email forwarding,
either we and/or Registry Operator will do so in accordance
with such requirement and without notice to you.
5. 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.
6. 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.
7. MODIFICATIONS TO AGREEMENT. You agree
that we may in our sole discretion: (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. We will not refund any fees paid by you if you terminate
your agreement with us.
8. 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. You will
not be able to transfer your domain name during the first
sixty (60) days following registration of the domain name
with us. Beginning on the sixty-first (61st) day following
the registration, the policies set forth at:
http://www.opensrs.org/dotname_info.shtml
shall apply.
9. 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.
In addition, you hereby acknowledge that you have 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 Eligibility Requirements (the "Eligibility Requirements"),
available at
http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at
http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain
names and Personal Name SLD email addresses will be granted
on a first-come, first-served basis, except for registrations
granted as a result of a dispute resolution proceeding or
during the landrush procedures in connection with the opening
of the Registry TLD. The following categories of Personal
Name Registrations may be registered: (i) the Personal Name
of an individual; (ii) the Personal Name of a fictional character,
if you have trademark or service make rights in that character's
Personal Name; (iii) in addition to a Personal Name registration,
you may add numeric characters to the beginning or the end
of the Personal Name so as to differentiate it from other
Personal Names.
The ERDRP applies to challenges to (i) registered domain names
and SLD email address registrations within .name on the grounds
that a Registrant does not meet the Eligibility Requirements,
and (ii) to Defensive Registrations (as defined by the Registry
Operator) within .name.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than Global
Name Registry ("Registry Operator") or Registrar
over the registration and use of an Internet domain name registered
by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS.
You agree that we, in our sole discretion, may modify our
dispute policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the reservation
or registration of your domain name or SLD email address 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 modification, you may terminate
this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that,
if your use of our domain name registration services is challenged
by a third party, you will be subject to the provisions specified
in our 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 set forth below in this agreement.
If we are notified that a complaint has been filed with a
judicial or administrative body regarding your use of our
domain name registration services, you agree not to make any
changes to your domain name record without our prior approval.
We may not allow you to make changes to such domain name record
until (i) we are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the other
party contesting your registration and use of our domain name
registration services that the dispute has been settled. Furthermore,
you agree that if you are subject to litigation regarding
your registration and use of our domain name registration
services, we may deposit control of your domain name record
into the Registry of the judicial body by supplying a party
with a Registrar certificate from us.
12. 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.
13. 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.
14. 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.
15. 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.
You agree that neither we nor the Registry Operator will have
any liability of any kind for any loss or liability resulting
from (i) the processing of registration requests prior to
live SRS launch, including, without limitation, your ability
or inability to obtain a .name domain name or SLD email address
registration using these processes; or (ii) any dispute over
any .name domain name, SLD email address, Defensive Registration
or NameWatch Registration (as defined by the Registry Operator),
including the decision of any dispute resolution proceeding
related to any of the foregoing.
16. INDEMNITY. You agree to release,
indemnify, and hold us, the Registry Operator, 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 out of or relating to the domain name
registered 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 both us and the Registry
Operator harmless pursuant to the terms and conditions contained
in the Dispute Policies. 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. This indemnification
obligation will survive the termination or expiration of this
Agreement.
17. TRANSFER OF OWNERSHIP. The person
named as registrant on the WHOIS shall be the registered name
holder. The person named as administrative contact at the
time the controlling user name and password are secured shall
be deemed the designate of the registrant with the authority
to manage 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.
18. 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 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.
19. 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.
20. 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.
21. 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 full name, postal address, e-mail address and voice
telephone number and fax number (if available) (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
telephone number and fax number (if available) telephone numbers
of the administrative contact, the technical contact and the
billing contact for the domain name;
(iv) The IP addresses and names of the primary nameserver
and any secondary nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration
data will be publicly available and accessible on the Whois
directory as required by ICANN and may be sold in bulk in
accordance with ICANN policy. You further understand and agree
that the foregoing registration data may be transferred internationally.
22. 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.
23. REVOCATION. Your wilful provision
of inaccurate or unreliable information, your wilful failure
promptly to update information provided to us, or any failure
to respond to inquiries by us addressed to the email address
of the registrant, the administrative, billing or technical
contact appearing in the "Whois" directory with
respect to a domain name 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. Any information collected
by us concerning an identified or identifiable natural person
("Personal Data") will be used in connection with
the registration of your domain name(s) and for the purposes
of this Agreement and as required or permitted by the ICANN
Agreement or an ICANN/Registry Operator policy.
24. 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, to protect the integrity and stability
of the Registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance
with the dispute resolution process, or to avoid any liability,
civil or criminal, on our part and/or that of the Registry
Operator, as well as our affiliates, subsidiaries, officers,
directors and employees. We and the Registry Operator reserve
the right to suspend a domain name during the resolution of
a dispute.
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 a 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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 be 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
30. ENTIRETY. You agree that this Agreement,
the rules and policies published by Tucows, ICANN and/or the
Registry Operator 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.
31. 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.
32. INFANCY. You attest that you are
of legal age to enter into this Agreement.
33. 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.