-
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 InterCape Online, the Registration
Service Provider (“RSP”). This Agreement explains our
obligations to you, and explains your obligations to us for various
Services.
-
SELECTION OF A DOMAIN NAME
.
You represent that:
(i) the data provided in the
domain name registration application is true, correct, up to date and
complete,
(ii) 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;
(iii) that the domain name is
not being registered for nor shall it at any time whatsoever be used for
any unlawful purpose whatsoever
(iv) 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;
(v) you have the authority to
enter into this Registration Agreement; and
(vi) the registered domain
name is reasonably related to your business or intended commercial purpose
at the time of registration.
-
FEES.
As consideration for the Services you have selected, you agree to pay
the RSP the applicable service(s) fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain and
update this information as needed to keep it current, complete and
accurate. All such information shall be referred to as account
information ("Account Information"). By submitting this
Agreement, you represent that the 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 by us. You agree that, by
continuing the use of Services following notice of any revision to this
Agreement or change in service(s), you shall be bound by any such
revisions and changes. You further agree to be bound by the ICANN
Uniform Dispute Resolution Policy (“Dispute Policy”) as presently
written and posted on http://www.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 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.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
-
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:
(i) The Uniform Domain Name
Dispute Resolution Policy (“Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute
Resolution Policy (“SUDRP”), available at http://www.neulevel.com/countdown/stop.html;
and
(iii) The Restrictions Dispute
Resolution Criteria and Rules (“RDRP”), available at http://www.neulevel.com/;
(collectively, “Dispute
Policies”).
The SUDRP sets forth the terms
and conditions in connection with a dispute between a registrant of a .biz
domain name (“Registrant”) with any third party (other than Neulevel,
Inc. (“Registry Operator”) or Tucows over the registration or use of a
.biz domain name registered by you that is subject to the Start-up
Intellectual Property Notification Service (“SIPNS”). SIPNS is a
service introduced by Registry Operator to notify a trademark or service
mark holder (“Claimant”) that a second-level domain name has been
registered in which that Claimant claims intellectual property rights.
In accordance with the SUDRP and its associated Rules, those Claimants
will have the right to challenge registrations through independent ICANN-accredited
dispute resolution providers.
The Dispute Policy sets forth
the terms and conditions in connection with a dispute between a Registrant
and any party other than the Registry Operator or Registrar over the
registration and use of an Internet domain name registered by Registrant.
he 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.
-
POLICY
.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any Tucows, Registry
Operator, 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.
-
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.
-
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.
-
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:
(i) Your name and postal
address (or, if different, that of the domain name holder);
(ii) The domain name being
registered;
(iii) The name, postal
address, e-mail address, and voice and fax (if available) telephone
numbers of the administrative contact for the domain name;
(iv) 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, and/or Registry Operator, 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 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 a 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
- OR -
InterCape Online
PO Box 414
Osterville, MA 02655
United States
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.
