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EXHIBIT A
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 _____________________________________,
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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