1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your"
refer to each customer, "we", us" and "our" refer to Tucows Domains Inc., and
"Services" refers to the domain name registration provided by us as offered
through your Registration Service Provider ("RSP"). This Agreement explains
our obligations to you, and explains your obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, 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.
3. FEES. As consideration for the Services, you agree to pay Reseller the
applicable service(s) fees. All fees payable hereunder are non-refundable. As
further consideration for the Services, you agree to: (1) provide certain
current,complete and accurate information about you as required by the
registration process, and (2) maintain and update this information as needed to
keep it current, complete and accurate. All such information shall be referred
to as account information ("Account Information"). By submitting this Agreement,
you represent that the Account Information and all other statements put forth in
your application are true, complete and accurate. Both Tucows and the Registry
reserve 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 the Registry to
terminate this agreement immediately upon such breach without any refund and
without notice to you.
4. TERM. This Agreement will remain in full force during the length of the term
of your Domain Name Registration as selected, recorded, and paid for upon
registration of the Domain Name. Should you choose to renew or otherwise
lengthen the term of your Domain Name Registration, the term of this
Registration Agreement will be extended accordingly. Should the domain name be
transferred to another Registrar, the terms and conditions of this contract
shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that either we or the Registry may: (1)
revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. You agree to be bound by any such revision
or change which shall be effective immediately upon posting on our web site or
upon notification to you by e-mail or your country's postal service pursuant to
the Notices section of this Agreement. You agree to review this Agreement as
posted on our web site periodically to maintain an awareness of any and all such
revisions. If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice by e-mail or
postal service pursuant to the Notices section of this Agreement. Notice of your
termination shall be effective after processing by us. You agree that, by
continuing the use of Services following notice of any revision to this
Agreement or change in service(s), you shall be bound by any such revisions and
changes. You further agree to be bound by the ICANN Uniform Dispute Resolution
Policy ("Dispute Policy") as presently written and posted on
http://www.icann.org/udrp/udrp-policy-24oct99.htm and
as such shall be amended
from time to time. You acknowledge that if you do not agree to any such
modifications, you may request that your domain name be deleted from the domain
name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier and Password that you
selected when you opened your account with us. You agree to safeguard your
Account Identifier and Password from any unauthorized use. In no event shall we
be liable for the unauthorized use or misuse of your Account Identifier or
Password.
7. 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/udrp/udrp-policy-24oct99.htm. Please
take the time
to familiarize yourself with this policy.
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. 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 Dispute Policy.
For any dispute, you agree to submit to the jurisdiction of the courts of
the Province of Ontario.
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 the 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,
unless you promptly disclose the current contact information provided by the licensee
and the identity of the licensee to a party providing the Registered Name Holder reasonable
evidence of actionable harm. 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
such Service(s). We and our contractors 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, whether used by yourself, licensed to a third party or pursuant to the
Whois Privacy Service, 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 user name 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. Your
domain name will not be transferred until
we receive such written assurances or other reasonable assurance that the
Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by us in our
sole discretion) along with the applicable transfer fee. If the Transferee fails
to be bound in a reasonable fashion (as determine by us in our sole
discretion) to the terms and conditions in this Agreement, any such transfer
will be null and void.
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 fifteen (15) 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. 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.
17. 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.
18. 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, postal address, e-mail address, and voice and fax (if available)
telephone numbers;
(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.
19. 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.
20. 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.
21. REVOCATION. 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 the ICANN Agreement or an ICANN/Registry
Operator policy.
22. 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.
23. 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.
24. 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 ofe-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 Domains 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.
25. 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.
26. NO THIRD PARTY BENEFICIARIES. This Agreement shall not be construed to create
any obligation by either Tucows or Registrant to any non-party to this Agreement.
Enforcement of this Agreement, included any provisions incorporated by reference,
is a matter solely for the parties to this Agreement.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE 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.
28. INFANCY. You attest that you are of legal age to enter into this Agreement.
29. 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.
30. 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 c
an be found at: http://www.opensrs.com/privacy
31. 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.
32. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service:
(a) Subscribers to the Whois Privacy Service have elected to include the following information in the publicly
available Whois Registry:
(i) Contact Privacy Inc. Customer ####, where #### is an individual customer identification number which is unique per
domain name, shall appear as the Registrant and Contacts name(s); (ii) Tucows’ postal address and a Tucows assigned
email address and telephone number shall appear on behalf of the Registrant and the Contact(s); (iii) The primary and
secondary nameservers shall be those designated by the Registrant; (iv) The original date of registration and the
expiration of each domain name; (v) Tucows will be identified as the registrar of record.
(b) You understand and agree that the Registrant and Contact Information that you have provided will be kept on file.
You further agree and warrant that you will ensure that the Whois Information is true, accurate and up to date.
(c) You will will retain complete control over the domain name and its registration records and may suspend and
reinstate the Whois Privacy Service at your discretion.
(d) The Whois Privacy Service may be used with both new and existing domain name registrations. You may use the Whois
Privacy Service with respect to a domain name that has been transferred but it will only commence after the transfer
has been completed. If you wish to transfer the domain name to a different registrar,the Whois Privacy Service must be
disabled in order to initiate the transfer.
(e) We will send all obligatory renewal and transfer related messages to the Contacts you have designated.
(f) Communications Forwarding. Communications received with respect to a particular domain name registration will be
handled as follows:
(i) We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information
may be opened, scanned and emailed to you or your Contact.. Regular postal mail will be
discarded or returned to sender at our discretion.
(ii) Email correspondence will be forwarded, only if submitted via the
contactprivacy.com website, to the address as it appears in Tucows records.
(iii) A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the
contactprivacy.com web site where written messages will be forwarded according to your instructions. (iv) We will only be responsible for forwarding
communications where our details have appeared in the
whois and when your Whois Information is accurate, complete and up to date.
(g) Right to Suspend and Disable. We shall have the right, at our sole discretion and without liability to you or any
of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain
circumstances, including but not limited to the following: (i) when required by law; (ii) in the good faith belief that
disclosure is necessary to further determination of an alleged breach of a law; (iii) to comply with a legal process
served upon Tucows; (iv) to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s
dispute resolution policy; (v) to avoid financial loss or legal liability (v) to avoid financial loss or legal
liability; (vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal
involvement with illegal, illicit, objectionable or harmful activities; or (vii) to transmit SPAM, viruses, worms or
other harmful computer programs.
(h) You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we
will have the right to disable the Whois Privacy Service pending final disposition of the matter.
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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