1. In this Registration Agreement ("Agreement") "Registrant", "you" and "your" refers
to the registrant of each domain name registration, "we", "us" and "our" refers
to Tucows.com Co., and "Services" refers to the domain name registration
services provided by us as offered through _____________________________________,
the Registration Service Provider ("Reseller"). Any reference to
a "registry," "Registry" or "Registry Operator" shall refer to the
registry administrator of the applicable TLD or ccTLD. This Agreement
explains our obligations to you, and explains your obligations to
us for the Services. By agreeing to the terms and conditions set
forth in this Agreement, you are also agreeing to be bound by the
rules and regulations set forth by a registry for that particular
registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that
we cannot guarantee that you will obtain a desired domain name registration,
even if an inquiry indicates that a domain name is available at the time of your
application for same. You represent that, to the best of the your knowledge and
belief, neither the registration of the 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.
3. FEES. As consideration for the Services, you agree to pay
Reseller the applicable service(s) fees prior to the effectiveness of a desired
domain name registration or any renewal thereof. All fees payable hereunder are
non-refundable even if your domain name registration is suspended, cancelled
or transferred prior to the end of your current registration term. 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"). You represent that the Account Information and all other
statements put forth in your application are true, complete and accurate. Both
Tucows and each registry reserves the right to terminate your domain name registration
if: (i) information provided by you or your agent is false, inaccurate, incomplete,
unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain,
update and keep your Account Information true, current, complete, accurate and
reliable. You acknowledge that a breach of this Section 3 will constitute a material
breach of our Agreement which will entitle either us or a registry to terminate
this Agreement immediately upon such breach without any refund and without notice
to you.
4. TERM. This Agreement will remain in effect during the term
of your domain name registration as selected, recorded and paid for at the time
of registration or any renewal thereof. Should the domain name be transferred
to another registrar, the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice
of registering and administering domain names is constantly evolving; therefore,
you agree that Tucows may modify this Agreement, or any other related and/or
applicable agreement, as is necessary to comply with its agreements with ICANN,
a registry or any other entity or individual, as well as to adjust to changing
circumstances. Your continued use of the domain name registered to you will constitute
your acceptance of this Agreement with any revisions. If you do not agree to
any change, you may request that your domain name registration be cancelled or
transferred to a different accredited registrar. You agree that such cancellation
or request for transfer will be your exclusive remedy if you do not wish to abide
by any change to this Agreement, or any other related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use the 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. NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
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 dispute policy adopted by the applicable
registry. 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 applicable policy. If Tucows is notified that a complaint has
been filed with a judicial or administrative body regarding your domain name,
Tucows may, at its sole discretion, suspend your ability to use your domain name
or to make modifications to your registration records until (i) Tucows is directed
to do so by the judicial or administrative body, or (ii) Tucows receives notification
by you and the other party contesting your domain that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding your registration
or use of your domain name, Tucows may deposit control of your registration record
into the registry of the judicial body by supplying a party with a registrar
certificate from us.
9. POLICY. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to a Tucows,
registry, ICANN or government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a Tucows, registry, ICANN or government-adopted
policy, (1) to correct mistakes by us or a 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 will secure the agreement of any
third party to the terms and conditions in this Agreement
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 the initial registration of your domain name. Tucows and its directors,
employees, affiliates, subsidiaries, agents and third party providers, ICANN
and the applicable registries shall not 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 states do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states, 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.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows,
its contractors, agents, employees, officers, directors and affiliates, ICANN,
the applicable registries and their respective directors, officers, employees,
agents and affiliates harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties arising out of or relating to the registration
or use of the domain name registered in your name including without limitation
infringement by you or a third party with access to your Account Identifier and
Password. You also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the applicable 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 may be considered by us to be a breach of your Agreement and may result
in the suspension or cancellation of your domain name. This indemnification obligation
will survive the termination or expiration of this Agreement.
14. 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 Account Identifier 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.
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. 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. 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.
17. 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:
(a) your name and postal address (or, if different, that of the domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
(d) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name; and
(e) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the technical contact for the domain name.
Any voluntary information we request is collected in order that we can continue
to improve the products and services offered to you through your Reseller.
18. 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, law enforcement agencies
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.
(a) You hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or 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.
(b) 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 Reseller.
(c) We will not process or maintain 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.
(d) We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized disclosure, alteration or destruction
of that information.
19. OBLIGATION TO MAINTAIN WHOIS. 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 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 ICANN or an applicable registry policy.
20. REVOCATION. We, in our sole discretion, reserve the right
to deny, cancel, suspend, transfer or modify any domain name registration to
correct a mistake, protect the integrity and stability of the company and any
applicable registry, to comply with any applicable laws, government rules, or
requirements, requests of law enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal. You agree that we shall
not be liable to you for loss or damages that may result from our refusal to
register or cancel, suspend, transfer or modify your domain name registration.
21. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that
this Agreement may be inconsistent with any term, condition, policy or procedure
of an applicable registry, the term, condition, policy or procedure of the applicable
registry shall prevail.
22. 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.
23. 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 regular mail. 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. E-mail notification to Tucows must be sent to lhutz@tucows.com .
Any notice to you will be sent 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
five (5) business days after the date of mailing Postal notices to Tucows shall
be sent to:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified
in the "Administrative Contact" in your WHOIS record.
24. ENTIRETY. You agree that this Agreement, the applicable
dispute policy and the rules and policies published by Tucows and any applicable
registry or other governing authority are the complete and exclusive agreement
between you and us regarding our Services.
25. 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.
26. INFANCY. You attest that you are of legal age to enter
into this Agreement.
27. FORCE MAJEURE. You acknowledge and agree that neither we
nor the applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause beyond
our reasonable control, including but not limited to, acts of God, acts of civil
or military authority, fires, wars, riots, earthquakes, storms, typhoons and
floods.
28. PRIVACY. Information collected about you is subject to
the terms of Tucows' privacy policy, the terms of which are hereby incorporated
by reference. Tucows' privacy policy can be found at: http://www.tucows.com/privacy.html
29. CONTROLLING LANGUAGE. In the event that you are reading
this Agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail in case of inconsistency
or contradiction in interpretation or translation.
30. TLD'S. The following additional provisions apply to any
domain names that you register through Tucows with the various registries:
(a) .com/net domains: In the case of a ".com" or ".net" registration,
the following terms and conditions will apply: (i) Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP")
( http://www.icann.org/dndr/udrp/policy.htm )
and comply with the requirements set forth by the Registry; these policies are
subject to modification. (b) .org domains: In the case of a ".org" registration,
the following terms and conditions will apply: (i) Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP")
( http://www.icann.org/dndr/udrp/policy.htm )
and comply with the requirements set forth by the Registry. These policies are
subject to modification. (c) .info domains: In the case of
a ".info" registration, the following terms and conditions will apply: (i) Registrant's
Personal Data. You consent to the use, copying, distribution, publication, modification,
and other processing of Registrant's personal data by Afilias, the .INFO registry,
and its designees and agents, in a manner consistent with the purposes specified
pursuant to its contract.
(ii) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy ("UDRP") ( http://www.icann.org/dndr/udrp/policy.htm )
and comply with the requirements set forth by the Registry. These policies are
subject to modification.
(iii) Reservation of Rights. Tucows and Afilias expressly reserve the right to
deny, cancel, transfer, or modify any registration that either registrar or Afilias
deems necessary, at its discretion, to protect the integrity and stability of
the registry, to comply with any applicable law, any government rule or requirement,
any request of law enforcement, any dispute resolution process, or to avoid any
liability, civil or criminal, on the part of the registrar and/or Afilias, as
well as their affiliates, subsidiaries, executives, directors, officers, managers,
employees, consultants, and agents. The registrar and Afilias also reserve the
right to suspend a domain name or its registration data during resolution of
a dispute. (d) .biz domains. In the case of a ".biz" registration,
the following terms and conditions will apply: (i) .biz Restrictions. Registrations
in the .biz top-level domain must be used or intended to be used primarily for
bona fide business or commercial purposes. For the purposes of the .biz registration
restrictions, "bona fide business or commercial use" shall mean the bona fide
use or bona fide intent to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet users to access one
or more host computers through the DNS: (A) to exchange goods, services, or property
of any kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods, services, information or property
of any kind; or (ii) the ordinary course of trade or business. For more information
on the .biz restrictions, which are incorporated herein by reference, please
see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm .
(ii) Selection of a Domain Name. You represent that: (A) 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, up-to-date
and complete;
(B) 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;
(C) that the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(D) 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;
(E) you have the authority to enter into this Registration Agreement; and
(F) the registered domain name is reasonably related to your business or intended
commercial purpose at the time of registration. (iii) Provision of Registration
Data. As part of the registration process, you are required to provide us with
certain information and to keep the information true, current, complete, and
accurate at all times. The information includes the following: (A) your full
name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in the case of a registrant
that is an organization, association, or corporation;
(G) the IP addresses of the primary nameserver and any secondary nameserver for
the domain name;
(H) the corresponding names of the primary and secondary nameservers;
(I) the full name, postal address, e-mail address, voice telephone number, and,
when available, fax number of the administrative, technical, and billing contacts,
and the name holder for the domain name; and
(J) any remark concerning the domain name that should appear in the WHOIS directory.
(K) You agree and understand that the foregoing registration data will be publicly
available and accessible on the WHOIS directory as required by ICANN and/or registry
policies, and may be sold in bulk in accordance with the ICANN agreement. (iv)
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: (A) The Uniform Domain Name Dispute Resolution Policy
("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm ;
(B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available
at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm ;
(collectively, the "Dispute Policies").
(v) The Dispute Policy sets forth the terms and conditions in connection with
a dispute between a Registrant and any party other than the Registry or Registrar
over the registration and use of an Internet domain name registered by Registrant.
(vi) The 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. (e) .name domains. In the case of a ".name" registration,
the following terms and conditions will apply: (i) .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.
(ii) .name Representations. As a .name domain name registrant, you hereby represent
that: (A) the registered domain name or second level domain ("SLD") e-mail address
is your Personal Name.
(B) 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,
(C) 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;
(D) that the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(E) the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm ;
and
(F) you have the authority to enter into this Registration Agreement. (iii) E-mail
Forwarding Services. The Services for which you have registered may, at your
option, include e-mail forwarding. To the extent you opt to use e-mail forwarding,
you are obliged to do so in accordance with all applicable legislation and are
responsible for all use of e-mail forwarding, including the content of messages
sent through e-mail forwarding.
You undertake to familiarize yourself with the content of and to comply with
the generally accepted rules for Internet and e-mail usage. This includes, but
is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as
well as the following restrictions. Without prejudice to the foregoing, you undertake
not to use e-mail 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 e-mail, 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 e-mail forwarding. (iv)
Registry reserves the right to implement additional anti-spam measures, to block
spam or mail from systems with a history of abuse from entering Registry's e-mail
forwarding. However, due to the nature of such systems, which actively block
messages, Registry 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.
(v) You understand and agree that Registry may delete material that does not
conform to clause (c) above or that in some other way constitutes a misuse of
e-mail forwarding. You further understand and agree that Registry is at liberty
to block your access to e-mail forwarding if you use e-mail forwarding in a way
that contravenes this Agreement. You will be given prior warning of discontinuation
of the e-mail forwarding unless it would damage the reputation of Registry or
jeopardize the security of Registry or others to do so. Registry reserves the
right to immediately discontinue e-mail forwarding without notice if the technical
stability of e-mail forwarding is threatened in any way, or if you are in breach
of this Agreement. On discontinuing e-mail forwarding, Registry is not obliged
to store any contents or to forward unsent e-mail to you or a third party.
(vi) You understand and agree that to the extent either we and/or Registry is
required by law to disclose certain information or material in connection with
your e-mail forwarding, either we and/or Registry will do so in accordance with
such requirement and without notice to you.
(vii) 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://resellers.tucows.com/opensrs/legal .
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. (A) the Eligibility Requirements (the "Eligibility Requirements"),
available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm ;
(B) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available
at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm ;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available
at: http://www.icann.org/dndr/udrp/policy.htm .
(viii) The Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD e-mail addresses will be granted on a first-come, first-served
basis. 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.
(ix) The ERDRP applies to challenges to (i) registered domain names and SLD e-mail
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) within .name.
(x) The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than the Registry or Tucows over the registration
and use of an Internet domain name registered by a Registrant. 31. ccTLD'S
(a) .ca domains. In the case of a ".ca" registration, the following
terms and conditions will apply: (i) 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, which 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.cira.ca/en/cat_Dpr.html .
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent with
a Registry adopted policy, (1) to correct mistakes by Tucows or the Registry
in registering the name or (2) for the resolution of disputes concerning the
domain name.
(iii) Transfer of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry policies and procedures.
(iv) Registry Agreement and Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by the Registry's
Registrant Agreement, the Registry's policies and any pertinent rules or policies
that exist now or in the future and which are posted on the Registry website
at http://www.cira.ca/en/doc_Registrar.html .
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a revision or modification to any
Registry agreement or policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding such cancellation.
(v) You acknowledge and agree that the Registry shall not be liable to you for
any loss, damage, or expense arising out of the Registry's failure or refusal
to register a domain name, it's failure or refusal to renew a domain name registration,
it's registration of a domain name, it's failure or refusal to renew a domain
name registration, it's renewal of a domain name registration, it's failure or
refusal to transfer a domain name registration, it's transfer of a domain name
registration, it's failure or refusal to maintain or modify a domain name registration,
it's maintenance of a domain name registration, it's modification of a domain
name registration, it's failure to cancel a domain name registration or it's
cancellation of a domain name registration from the Registry; (b) .cc
Domains. In the case of a ".cc" registration, the following terms and
conditions will apply: (i) 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.nic.cc/policies/dispute.html .
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You acknowledge and understand that by accepting the terms
and conditions of this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.nic.cc .
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation. (c) .cn
Domains. In the case of a ".cn" registration, the following terms and
conditions shall apply: (i) "Registry" means the China Internet Network Information
Center, which is the authority responsible for the administration of the national
top-level domain of the People's Republic of China and the Chinese domain name
system;
(ii) "Registry Gateway" means the service provided by the Registry Operator that
facilitates the registration of .cn domain names by registrars operating outside
of the People's Republic of China;
(iii) "Registry Operator" means Neustar, Inc., the company authorized to facilitate
the registration of .cn domain names by registrars operating outside of the People's
Republic of China.
(iv) Restrictions. You agree that you shall not register or use a domain name
that is deemed by CNNIC to: (A) be against the basic principles prescribed in
the Constitution of the Peoples Republic of China ("PRC");
(B) jeopardize national security, leak state secrets, intend to overturn the
government or disrupt the integrity of the PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different nationalities or
disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social stability of the PRC;
(F) spread pornography, obscenity, gambling, violence, homicide, terror or instigate
crimes in the PRC;
(G) insult, libel against others and infringe other people's legal rights and
interests in the PRC; or
(H) take any other action prohibited in laws, rules and administrative regulations
of the PRC. (v) Business or Organization Representation. .cn domain name registrations
are intended for businesses and organizations and not for individual use. By
registering a .cn name, you accordingly represent that you have registered the
domain name on behalf or a business or organization. It should be noted that,
although .cn policy is permissive in terms of registration, and enforcement is
generally in reaction to a complaint (as opposed to proactive review), registrations
that are not associated with an organization or business may be subject to deletion.
The foregoing prevents an individual from registering a .cn domain name for a
business operating as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and understood and agree
to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules
for CNNIC Dispute Resolution Policy ("Dispute Policy"), as they may be amended
from time to time, which are hereby incorporated and made an integral part of
this Agreement. The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm .
(vii) You acknowledge that, pursuant to the Dispute Policy, Registrars must comply
with all reasonable requests from the applicable domain name dispute resolution
institutions including the provision of all relevant evidence in any domain name
disputes in the specified time frames.
(viii) 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.
(ix) Adherence to Policies. You agree to comply with all applicable laws, regulations
and policies of the Peoples Republic of China's governmental agencies and the
China Internet Network Information Centre ("CNNIC"), including but not limited
to the following rules and regulations: (A) Provisional Administrative Rules
for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm );
(B) Detailed Implementation Rules for Registration of Domain Names in China (currently
at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm );
(C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm );
and
(D) CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm ).
You acknowledge that you have read and understood and agree to be bound by the
terms and conditions of the policies of the CNNIC, as they may be amended from
time to time.
(x) Suspension and Cancellation. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, CNNIC or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering the name, (2) for the
resolution of disputes concerning the domain name, (3) to protect the integrity
and stability of the registry, (4) to comply with any applicable laws, government
rules or requirements, requests of aw enforcement, (5) to avoid any liability,
civil or criminal, on the part of Tucows, Registry Operator or CNNIC, as well
as their affiliates, subsidiaries, directors, representatives, employees and
stockholders or (6) for violations of this Agreement. Tucows, Registry Operator
and CNNIC also reserve the right to "freeze" a domain name during the resolution
of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts (1) of
the Registrant's domicile, (2) where Tucows is located, and (3) the People's
Republic of China.
(xii) Governing Law. For the adjudication of a dispute concerning or arising
from use of a .cn domain, such dispute will be governed under the Laws of the
Peoples Republic of China. (d) .de domains. In the case of
a ".de" registration, the following terms and conditions will apply: (i) Selection
of a Domain Name. You represent that: (A) you have reviewed and have accepted
the Registry's Terms and Conditions and the Registry's Guidelines and have provided
your Reseller with written confirmation of same;
(B) either you, or the person designated as the administrative contact for the
domain name, shall be resident or shall have a branch in Germany;
(C) 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. (ii) 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 by the Registry or any
court of law. 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 specified by the Registry or any court of law. (iii) Registry Policies.
You agree to be bound by the Registry's Registration Terms and Conditions and
the Registration Guidelines. English language translations of the Registry's
documents are provided for convenience; in the event of a discrepancy between
the English and the German language agreements, the terms of the German agreement
will prevail. The Registry documents may be found at: 11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
(C) DENIC direct pricelist
http://www.denic.de/en/preisliste.html
11.3. German:
(D) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(E) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(F) DENIC-Preisliste
http://www.denic.de/de/preisliste.html (e) .tv
domains. In the case of a ".tv" registration, the following terms and
conditions will apply: (i) 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.icann.org/dndr/udrp/policy.htm .
Please take the time to familiarize yourself with this policy.
(ii) 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. (f) co.uk, .org.uk, ltd.uk,
net.uk, plc.uk and me.uk domains. In the case of a co.uk, .org.uk,
ltd.uk, net.uk, plc.uk or me.uk registration, the following terms and conditions
will apply: (i) "Nominet UK" means the entity granted the exclusive right to
administer the registry for .uk domain name registrations.
(ii) 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 which 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.nic.uk/DisputeResolution/DrsPolicy/ .
Please take the time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any Nominet
UK-adopted policy, term or condition, or pursuant to any registrar or registry
procedure not inconsistent with an Nominet UK-adopted policy, (1) to correct
mistakes by a registrar or the registry in registering the name, or (2) for the
resolution of disputes concerning the domain name. The current Nominet UK terms
and conditions can be found at: http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
When you submit a request for a domain name registration with Tucows and/or Reseller,
you will be entering into two contracts - one contract with Tucows and/or Reseller
and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf by submitting your
application to Nominet for you, however, you will still be entering into a direct
contract between you and Nominet UK. This is a separate contract from this agreement;
may be found at http://resellers.tucows.com/contracts/uk/ukterms .
Tucows and Reseller must also make you aware that by accepting Nominet's terms
and conditions you are consenting to Nominet using your personal data for a variety
of reasons. In particular, your name and address may be published as part of
Nominet's WHOIS look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with Nominet UK policies and procedures..
(g) .us domains. In the case of a ".us" registration, the following
terms and conditions will apply: (i) "DOC" means the United States of America
Department of Commerce.
(ii) 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 .
(iii) Selection of a Domain Name. You certify and represent that: (A) You have
and shall continue to have, a bona fide presence in the United States on the
basis of real and substantial lawful contacts with, or lawful activities in,
the United States as defined in Section (ii) hereinabove;
(B) The listed name servers are located within the United States;
(C) 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, up-to-date and complete;
(D) 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;
(E) That the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(F) You have the authority to enter into this Registration Agreement. (iv) 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 and the usDRP, as defined below, that is incorporated herein
and made a part of this Agreement by reference. Please take the time to familiarize
yourself with these policies. (A) 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:
(B) The Nexus Dispute Policy ("Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf .
The Dispute Policy will provide interested parties with an opportunity to challenge
a registration not complying with the Nexus Requirements.
(C) The usTLD Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf .
The usDRP is intended to provide interested parties with an opportunity to challenge
a registration based on alleged trademark infringement. In addition to the foregoing,
you agree that, for the adjudication of disputes concerning or arising from use
of the Registered Name, you shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile,
(ii) where Tucows is located, and (iii) the United States.
(v) Policy. You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator,
the DOC or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a DOC 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. The Registry Operator's
policies can be found at http://www.neustar.us/policies .
(vi) Indemnity. The DOC shall be added to the parties you have agreed to indemnify
in Section 13 hereinabove.
(vii) 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: (A) Your full name, postal address, e-mail
address and telephone number and fax number (if available) (or, if different,
that of the domain name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone number and fax number
(if available) telephone numbers of the administrative contact, the technical
contact and the billing contact for the domain name;
(D) The IP addresses and names of the primary nameserver and any secondary nameserver(s)
for the domain name;
(E) In addition to the foregoing, you will be required to provide additional
Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf .
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 Reseller.
(viii) Disclosure and Use of the Registration Information. You agree and acknowledge
that we will make domain name registration information you provide available
to the DOC, to the Registry Operator, 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 the DOC 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 Reseller.
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.
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.
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