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AGREEMENT. In this Registration Agreement ("Agreement") "you"
and "your" refer to the registrant of each domain name registration,
"we", “us" and "our" refer to TUCOWS Inc. and “Services” refers to
the domain name registration provided by us as offered through Computer
Variations ("RSP"). This Agreement explains our obligations
to you, and explains your obligations to us for various Services.
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SELECTION OF A DOMAIN NAME. You represent that:
(i)
the data provided in the domain name registration application is true,
correct, up to date and complete,
(ii)
to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly
to be used infringes upon the legal rights of a third party;
(iii)
that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever
(iv)
the registered domain name will be used primarily for bona fide business
or commercial purposes and not (a) exclusively for personal use, or
(b) solely for the purposes of (1) selling, trading or leasing the
domain name for compensation, or (2) the unsolicited offering to sell,
trade or lease the domain name for compensation;
(v)
you have the authority to enter into this Registration Agreement;
and
(vi)
the registered domain name is reasonably related to your business
or intended commercial purpose at the time of registration.
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FEES.
As consideration for the Services you have selected, you agree to
pay the RSP the applicable service(s) fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain
and update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as account
information ("Account Information"). By submitting this Agreement,
you represent that the statements in your Application are true, complete
and accurate.
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TERM.
This Agreement shall remain in full force during the length of
the term of your domain name registration(s) as selected, recorded,
and paid for upon registration of the domain name. Should you choose
to renew or otherwise lengthen the term of your domain name registration,
then the term of this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar, the terms
and conditions of this contract shall cease.
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MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. You agree to be bound by any such
revision or change will which shall be effective immediately upon
posting on our web site or upon notification to you by e-mail or your
country’s postal service pursuant to the Notices section of this Agreement.
You agree to review this Agreement as posted on our web site periodically
to maintain an awareness of any and all such revisions. If you do
not agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or postal
service pursuant to the Notices section of this Agreement. Notice
of your termination shall be effective after processing by us. You
agree that, by continuing the use of Services following notice of
any revision to this Agreement or change in service(s), you shall
be bound by any such revisions and changes. You further agree to
be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute
Policy”) as presently written and posted on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. You acknowledge that if
you do not agree to any such modifications, you may request that your
domain name be deleted from the domain name database.
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MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your Account Identifier
and Password that you selected when you opened your account with us.
You agree to safeguard your Account Identifier and Password from any
unauthorized use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
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DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policy that is incorporated herein
and made a part of this Agreement by reference. The current version
of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
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DOMAIN NAME DISPUTES. You acknowledge having read and understood
and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(i)
The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy),
available at http://www.icann.org/udrp/udrp.htm;
(ii)
The Start-Up Dispute Resolution Policy (“SUDRP”), available at http://www.neulevel.com/countdown/stop.html;
and
(iii)
The Restrictions Dispute Resolution Criteria and Rules (“RDRP”), available
at http://www.neulevel.com/;
(collectively,
“Dispute Policies”).
The
SUDRP sets forth the terms and conditions in connection with a dispute
between a registrant of a .biz domain name (“Registrant”) with any
third party (other than Neulevel, Inc. (“Registry Operator”) or Tucows
over the registration or use of a .biz domain name registered by you
that is subject to the Start-up Intellectual Property Notification
Service (“SIPNS”). SIPNS is a service introduced by Registry Operator
to notify a trademark or service mark holder (“Claimant”) that a second-level
domain name has been registered in which that Claimant claims intellectual
property rights. In accordance with the SUDRP and its associated
Rules, those Claimants will have the right to challenge registrations
through independent ICANN-accredited dispute resolution providers.
The
Dispute Policy sets forth the terms and conditions in connection with
a dispute between a Registrant and any party other than the Registry
Operator or Registrar over the registration and use of an Internet
domain name registered by Registrant.
he
RDRP sets forth the terms under which any allegation that a domain
name is not used primarily for business or commercial purposes shall
be endorsed on a case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider.
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POLICY.
You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any Tucows, Registry
Operator, ICANN or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with an ICANN or government-adopted
policy, (1) to correct mistakes by us or the applicable Registry in
registering the name or (2) for the resolution of disputes concerning
the domain name.
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AGENCY.
Should you intend to license use of a domain name to a third party
you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You shall
accept liability for harm caused by wrongful use of the domain name.
You represent that you have provided notice of the terms and conditions
in this Agreement to a third party licensee and that the third party
agrees to the terms hereof.
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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.
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LIMITATION
OF LIABILITY. You agree that our entire liability, and your exclusive
remedy, with respect to any Services(s) provided under this Agreement
and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). Neither we nor our contractors or third
party beneficiaries shall be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability
to use any of the Services or for the cost of procurement of substitute
services. Because some jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, in
such jurisdictions, our liability is limited to the extent permitted
by law. We disclaim any and all loss or liability resulting from,
but not limited to: (1) loss or liability resulting from access delays
or access interruptions; (2) loss or liability resulting from data
non-delivery or data miss-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any
and all information or services(s) provided under this Agreement;
(6) loss or liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration
and use of your domain name, or for interruption of business, or any
indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if we
have been advised of the possibility of such damages. In no event
shall our maximum liability exceed five hundred ($500.00) dollars.
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INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors, affiliates and
third party beneficiaries harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties relating to
or arising under this Agreement, the Services provided hereunder or
your use of the Services, including without limitation infringement
by you, or someone else using the Service of any intellectual property
or other proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the Service(s)
provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your
failure to provide those assurances shall be a breach of your Agreement
and may result in deactivation of your domain name.
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TRANSFER OF OWNERSHIP. The person named as Registrant at the
time the user name and password are secured shall be the owner of
the domain name. You agree that prior to transferring ownership of
your domain name to another person ("the Transferee") you
shall require the Transferee to agree in writing to be bound by all
the terms and conditions of this Agreement. Your domain name will
not be transferred until we receive such written assurances or other
reasonable assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by
us in our sole discretion) along with the applicable transfer fee.
If the Transferee fails to be bound in a reasonable fashion (as determine
by us in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void. You acknowledge
that you will not be entitled to change registrars during the first
sixty (60) days following the registration of your domain name.
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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.
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NO
GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to
either the registration, reservation, or use of the domain name.
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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.
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INFORMATION.
As part of the registration process, you are required to provide us
certain information and to update us promptly as such information
changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
(i)
Your name and postal address (or, if different, that of the domain
name holder);
(ii)
The domain name being registered;
(iii)
The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
(iv)
The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name.
Any
other information, which we request from you at registration, is voluntary.
Any voluntary information we request is collected for the purpose
of improving the products and services offered to you through your
RSP.
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DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information
you provide available to ICANN, to the registry administrators, and
to other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third
party vendors, some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our WHOIS
service) or other purposes as required or permitted by ICANN and applicable
laws.
You
hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after
the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising
from such disclosure or use of your domain name registration information
by us.
You
may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain
manager service, or similar service, made available by us through
your RSP.
We
will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We
will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized accessor disclosure,
alteration or destruction of that information.
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REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information provided
to us, or your failure to respond for over fifteen (15) calendar days
to inquiries by us concerning the accuracy of contact details associated
with the your registration shall constitute a material breach of this
Agreement and be a basis for cancellation of the domain name registration.
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RIGHT
OF REFUSAL. We, and/or Registry Operator, in our sole discretion,
reserve the right to refuse to register or reserve your chosen domain
name or register you for other Services. In the event we do not register
or reserve your domain name or register you for other Services, or
we delete your domain name or other Services within such thirty (30)
calendar day period, we agree to refund your applicable fee(s). You
agree that we shall not be liable to you for loss or damages that
may result from our refusal to register, reserve, or delete your domain
name or register you for other Services.
We
reserve the right to delete or transfer your domain name following
registration if we believe the registration has been made possible
by a mistake, made either by us or by a third party. We also reserve
the right to suspend a domain name during resolution of a dispute.
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SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable
law as nearly as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain in full
force and effect.
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NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policies shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
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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.
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NOTICES.
Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via postal
service. In the case of e-mail, valid notice shall only have been
deemed to have been given when an electronic confirmation of delivery
has been obtained by the sender. In the case of e-mail, notifications
must be sent to us at lhutz@tucows.com,
or in the case of notification to you, to the e-mail address provided
by you in your WHOIS record. Any e-mail communication shall be deemed
to have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to
4:00 p.m. EST, otherwise it will be deemed to have been delivered
on the next business day. In the case of regular mail notice, valid
notice shall be deemed to have been validly and effectively given
5 business days after the date of mailing and, in the case of notification
to us or to RSP shall be sent to:
Our
address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified
in the “Administrative Contact” in your WHOIS record.
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ENTIRETY.
You agree that this Agreement, the rules and policies published by
us and the Dispute Policy are the complete and exclusive agreement
between you and us regarding our Services. This Agreement and the
Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
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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.
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INFANCY.
You attest that you are of legal age to enter into this Agreement.
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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.
