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.info Registration Agreement
1.
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.
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.
2.
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.
3.
FEES.
As consideration for the Services you have
selected, you agree to pay the RSP the applicable
service fees. All fees
payable hereunder are non-refundable.
As further consideration for the Services, you
agree to: (1) provide certain current, complete and
accurate information about you as required by the
registration process and (2) maintain and update this
information as needed to keep it current, complete and
accurate. All such
information shall be referred to as account information
("Account Information"). By
submitting this Agreement, you represent that the
statements in your Application are true, complete and
accurate.
4.
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.
5.
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. If you have
registered your name during the Sunrise Period, you
agree to be bound by the Sunrise Dispute Resolution
Policy (“Sunrise Dispute Policy”) found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN
Uniform Dispute Resolution Policy (“Dispute Policy”) as
presently written and posted on
http://www.opensrs.org/legal/udrp.shtml and as shall
be amended from time to time.
You acknowledge that if you do not agree to any
such modifications, you may request that your domain
name be deleted from the domain name database.
6.
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.
7.
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.
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 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.
9.
POLICY.
You agree that your registration of the domain
name shall be subject to suspension, cancellation, or
transfer pursuant to a Tucows, Registry Operator, ICANN
or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a
Tucows, Registry Operator, ICANN or government-adopted
policy, (1) to correct mistakes by us or the Registry in
registering the name or (2) for the resolution of
disputes concerning the domain name.
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 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.
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
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.
13.
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.
14.
TRANSFER OF OWNERSHIP.
The person named as registrant at the time the user name
and password are secured shall be the owner of the
domain name. You agree that prior to transferring
ownership of your domain name to another person (the
"Transferee") you shall require the Transferee to agree
in writing to be bound by all the terms and conditions
of this Agreement. Your domain name will not be
transferred until we receive such written assurances or
other reasonable assurance that the Transferee has been
bound by the contractual terms of this Agreement (such
reasonable assurance as determined by us in our sole
discretion) along with the applicable transfer fee. If
the Transferee fails to be bound in a reasonable fashion
(as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will
be null and void. You acknowledge that you will
not be entitled to change registrars during the first
sixty (60) days following the registration of your
domain name.
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.
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.
17.
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.
18.
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.
19.
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.
20.
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.
21.
RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or
register you for other Services.
In the event we do not register or reserve your
domain name or register you for other Services, or we
delete your domain name or other Services within such
thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree
that we shall not be liable to you for loss or damages
that may result from our refusal to register, reserve,
or delete your domain name or register you for other
Services.
We reserve the right
to delete or transfer your domain name within a thirty
(30) day period following registration if we believe the
registration has been made possible by a mistake, made
either by us or by a third party.
We also reserve the right to suspend a domain
name during resolution of any dispute.
22.
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.
23.
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.
24.
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.
25.
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.
26.
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.
27.
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.
28.
INFANCY.
You attest that you are of legal age to enter
into this Agreement.
29.
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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