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Domain
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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