|
Form
of Registration Agreement
APPENDIX
A
1.sp;
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 .tv domain name registration
provided by us as offered through Net Pay Holdings Limited
(DNSserve.com) (“RSP”). This
Agreement explains our obligations to you, and explains your
obligations to us for various Services.
2.sp;
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.sp;
FEES. As
consideration for the Services you have selected, you agree to pay
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. Failure
to maintain accurate information will be considered a material
breach of this Agreement and will entitle us to delete your domain
name registration.
4.sp;
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.sp;
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.
6.sp;
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.sp;
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.
8.sp;
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. 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.
9.sp;
POLICY. You agree that your registration of the .tv
domain name shall be subject to suspension, cancellation, or
transfer pursuant to any 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.
You acknowledge that you have reviewed the .tv General Terms
of Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and
expressly agree to the terms outlined therein.
10.sp;
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.sp;
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.sp;
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 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.sp;
INDEMNITY. You agree to release, indemnify, and hold
us, our contractors, agents, employees,officers, directors,
affiliates and third party beneficiaires 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.sp;
TRANSFER
OF OWNERSHIP.
The person named as administrative contact 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). 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.sp;
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.sp;
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.sp;
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.sp;
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)sp;
The domain name being registered;
(iii)sp;
The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact for
the domain name;
(iv)sp;
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.sp;
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.sp;
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.sp;
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.
22.sp;
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.sp;
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.sp;
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.sp;
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.sp;
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.sp;
INFANCY. You
attest that you are of legal age to enter into this Agreement.
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
|
