|
Registration Agreement for .COM and
.NET Domain Names
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 Cyberteks Design,
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.
We can help all the way
Cyberteks Design can help you. Please call 519-649-6572
or e-mail at kpeiris@cyberteks.com
at any time for help.
|
