.INFO Domain Name Registration Agreement
- AGREEMENT.
In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain name
registration, "we", "us" and "our" refer to TUCOWS Inc. and
"Services" refers to the domain name registration provided by us as
offered through Rackshare ("RSP"). This Agreement explains our obligations to
you, and explains your obligations to us for various Services. If
you are registering your name during the finite period of time when
owners of trademarks and service marks issued prior to October 2,
2000 and having national effect will have the exclusive opportunity
to register identical domain names ("Sunrise Period"), you agree to
comply with the procedures, terms and obligations. You acknowledge
and agree that registrations for domain names during the Sunrise
Period will only be accepted for a minimum registration term of five
(5) years.
- 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.
- FEES.
As consideration for the Services you have selected, you
agree to pay the RSP the applicable service fees. All fees payable
hereunder are non-refundable. As further consideration for the
Services, you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration
process and (2) maintain and update this information as needed to
keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). By
submitting this Agreement, you represent that the statements in your
Application are true, complete and accurate.
- TERM.
This Agreement shall remain in full force during the
length of the term of your domain name registration(s) as selected,
recorded, and paid for upon registration of the domain name. Should
you choose to renew or otherwise lengthen the term of your domain
name registration, then the term of this Registration Agreement
shall be extended accordingly. Should the domain name be
transferred to another Registrar, the terms and conditions of this
contract shall cease.
- MODIFICATIONS TO AGREEMENT.
You agree that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the
services provided under this Agreement. You agree to be bound by
any such revision or change will which shall be effective
immediately upon posting on our web site or upon notification to you
by e-mail or your country's postal service pursuant to the Notices
section of this Agreement. You agree to review this Agreement as
posted on our web site periodically to maintain an awareness of any
and all such revisions. If you do not agree with any revision to
the Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail or postal service pursuant to the
Notices section of this Agreement. Notice of your termination shall
be effective after processing byus. 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. If you have registered your name during the
Sunrise Period, you agree to be bound by the Sunrise Dispute
Resolution Policy ("Sunrise Dispute Policy") found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform Dispute
Resolution Policy ("Dispute Policy") as presently written and posted
on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. You acknowledge that if
you do not agree to any such modifications, you may request that
your domain name be deleted from the domain name database.
- 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.
- 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 Policies
that are incorporated herein and made a part of this Agreement by
reference. The current version of the general registration Dispute
Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
- 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 Sunrise Dispute
Policy or the Dispute Policy, as applicable. 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 Sunrise Dispute Policy or Dispute Policy, as
applicable.
- POLICY.
You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant
to a Tucows, Registry Operator, ICANN or government-adopted policy,
or pursuant to any registrar or registry procedure not inconsistent
with a Tucows, Registry Operator, 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.
- AGENCY.
Should you intend to license use of a domain name to a
third party you shall nonetheless be the domain name holder of
record and are therefore responsible for providing your own full
contact information and for providing and updating accurate
technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in
connection with the domain name. You shall accept liability for
harm caused by wrongful use of the domain name. You represent that
you have provided notice of the terms and conditions in this
Agreement to a third party licensee and that the third party agrees
to the terms hereof.
- 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.
- LIMITATION OF LIABILITY.
You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). Neither we nor
our contractors or third party beneficiaries shall be liable for any
direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or
for the cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such jurisdictions, our
liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data
non-delivery or data miss-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s) provided
under this Agreement; (6) loss or liability resulting from the
interruption of your Service. You agree that we will not be liable
for any loss of registration and use of your domain name, or for
interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been advised
of the possibility of such damages. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
- INDEMNITY.
You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors, affiliates and
third party beneficiaries harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties relating to or
arising under this Agreement, the Services provided hereunder or
your use of the Services, including without limitation infringement
by you, or someone else using the Service of any intellectual
property or other proprietary right of any person or entity, or from
the violation of any of our operating rules or policy relating to
the Service(s) provided. You also agree to release, indemnify and
hold us harmless pursuant to the terms and conditions contained in
the Dispute Policy. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those assurances
shall be a breach of your Agreement and may result in deactivation
of your domain name.
- TRANSFER OF OWNERSHIP.
The person named as registrant at the
time the user name and password are secured shall be the owner of
the domain name. You agree that prior to transferring ownership of
your domain name to another person (the Transferee") you shall
require the Transferee to agree in writing to be bound by all the
terms and conditions of this Agreement. Your domain name will not be
transferred until we receive such written assurances or other
reasonable assurance that the Transferee has been bound by the
contractual terms of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with the applicable
transfer fee. If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms and
conditions in this Agreement, any such transfer will be null and
void. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the
registration of your domain name.
- 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.
- NO GUARANTY.
You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection
to either the registration, reservation, or use of the domain name.
- 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.
- 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:
- Your name and postal address (or, if different,
that of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
domain name;
- The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain
name.
Any other information, which we request from you at registration,
is voluntary. Any voluntary information we request is collected for
the purpose of improving the products and services offered to you
through your RSP.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and
acknowledge that we will make domain name registration information
you provide available to ICANN, to the registry administrators, and
to other third parties as applicable. You further agree and
acknowledge that we may make publicly available, or directly
available to third party vendors, some, or all, of the domain name
registration information you provide, for purposes of inspection
(such as through our WHOIS service) or other purposes as required or
permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether
during or after the term of your registration of the domain name.
You hereby irrevocably waive any and all claims and causes of action
you may have arising from such disclosure or use of your domain name
registration information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by
accessing our domain manager service, or similar service, made
available by us through your RSP.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible with
the purposes and other limitations which we describe in this
Agreement.
We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
- REVOCATION.
Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen (15)
calendar days to inquiries by us concerning the accuracy of contact
details associated with the your registration shall constitute a
material breach of this Agreement and be a basis for cancellation of
the domain name registration.
- RIGHT OF REFUSAL.
We, in our sole discretion, reserve the
right to refuse to register or reserve your chosen domain name or
register you for other Services. In the event we do not register or
reserve your domain name or register you for other Services, or we
delete your domain name or other Services within such thirty (30)
calendar day period, we agree to refund your applicable fee(s). You
agree that we shall not be liable to you for loss or damages that
may result from our refusal to register, reserve, or delete your
domain name or register you for other Services.
We reserve the right to delete or transfer your domain name
within a thirty (30) day period following registration if we believe
the registration has been made possible by a mistake, made either by
us or by a third party. We also reserve the right to suspend a
domain name during resolution of any dispute.
- SEVERABILITY.
You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions
will remain in full force and effect.
- NON-AGENCY.
Nothing contained in this Agreement or the Dispute
Policies shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
- 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.
- NOTICES.
Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it via
e-mail or via postal service. In the case of e-mail, valid notice
shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the
case of e-mail, notifications must be sent to us at lhutz@tucows.com, or in the case
of notification to you, to the e-mail address provided by you in
your WHOIS record. Any e-mail communication shall be deemed to have
been validly and effectively given on the date of such
communication, if such date is a business day and such delivery was
made prior to 4:00 p.m. EST, otherwise it will be deemed to have
been delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been validly and
effectively given 5 business days after the date of mailing and, in
the case of notification to us or to RSP shall be sent to:
Our Address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS
record.
- ENTIRETY.
You agree that this Agreement, the rules and
policies published by us and the Dispute Policy are the complete and
exclusive agreement between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or
precedent.
- 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.
- INFANCY.
You attest that you are of legal age to enter into
this Agreement.
- 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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