Registration
Agreement
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 AFTECK NETWORKS, LLC., 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 and .org.uk domains. In the case
of a .co.uk or a .org.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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