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 ("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.
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
provide certain current, complete and accurate information
about you as required by the registration process and
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.
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:
revise the terms and conditions of this Agreement; and
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 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. 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://resellers.tucows.com/opensrs/legal 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.
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,
to correct mistakes by us
or the Registry in registering the name or
for the resolution of disputes concerning the domain name.
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.
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:
loss or liability resulting from access delays or access
loss or liability resulting from data non-delivery or data
loss or liability resulting from acts of God;
loss or liability resulting from the unauthorized use or
misuse of your account identifier or password;
loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s)
provided under this Agreement;
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.
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. This indemnification obligation will
survive the termination or expiration of this Agreement.
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. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the registration of
your domain name.
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.
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.
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.
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.
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
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.
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.
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.
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 firstname.lastname@example.org, 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:
and in the case of notification to you shall be to the address specified in
the "Administrative Contact" in your WHOIS record.
96 Mowat Avenue
Toronto, Ontario M6K 3M1
Attention: Legal Affairs
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.
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
You attest that you are of legal age to enter into this
FOREIGN LANGUAGE: 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
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.