.biz
Registration Agreement
- AGREEMENT.
In this Registration Agreement ("Agreement") "you" and
"your" refer to the registrant of each domain name
registration, "we", “us" and "our" refer to TUCOWS Inc.
and “Services” refers to the domain name registration
provided by us as offered through Amplex Electric, Inc.,
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 access or disclosure,
alteration or destruction of that information.
- REVOCATION.
Your willful provision of inaccurate or unreliable
information, your willful 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
and in the case of notification to you shall be to the
address specified in the “Administrative Contact” in
your WHOIS record.
- ENTIRETY.
You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete
and exclusive agreement between you and us regarding our
Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings,
whether established by custom, practice, policy or
precedent.
- GOVERNING LAW.
This Agreement shall be governed by and interpreted and
enforced in accordance with the LAWS OF Province of
Ontario and the FEDERAL LAWS OF Canada applicable
therein without reference to rules governing choice of
laws. Any action relating to this Agreement must be
brought in Ontario and you irrevocably consent to the
jurisdiction of such courts.
- INFANCY.
You attest that you are of legal age to enter into this
Agreement.
- Acceptance of Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE
AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
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