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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 InfoClear Internet Consulting, 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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