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Form of Registration Agreement
SCHEDULE A
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 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.
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.
TERMS OF SERVICE AND
DOMAIN NAME POLICIES
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