SCHEDULE
A
Form
of Registration Agreement
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 is:
TUCOWS
Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal
Affairs
ACSI
Dept. Registrant Domain
1510 Roswell Road
Marietta, GA 30062
|
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.
Registration
Agreement for: (.biz)
SCHEDULE
B
Form
of Registration Agreement
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Form of
Registration Agreement (.usa)
SCHEDULE
A
1. AGREEMENT. In this Registration Agreement
("Agreement") "Registrant",
"you" and "your" refer to the registrant
of each domain name registration, "we",
"us" and "our" refer to TUCOWS Inc.,
"Registry Operator" refers to NeuStar Inc.,
"DOC" refers to the United States of America
Department of Commerce, and "Services" refers to
the domain name registration provided by us as offered
through ACSi. This Agreement explains our obligations to
you, and explains your obligations to us for various
Services.
2. .us NEXUS REQUIREMENT. Only those individuals or
organizations that have a substantive lawful connection in
the United States are permitted to register for .usTLD
domain names. Registrants in the .usTLD must satisfy the
nexus requirement ("Nexus" or "Nexus
Requirements") set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf
3. SELECTION OF A DOMAIN NAME. You certify and
represent that:
- you
have and shall continue to have, a bona fide presence in
the United States on the basis of real and substantial