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 Affordable Internet Services Online, Inc.("RSP"). This Agreement explains our obligations to you, and explains your obligations to us for the Services.
2.
SELECTION OF A
DOMAIN NAME. 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 used
infringes the legal
rights of a third
party and that the
domain name is not
being registered for
any unlawful
purpose.
3.
FEES. As
consideration for
the Services , 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
Account Information
and all other
statements put forth
in your application
are true, complete
and accurate. Both
Tucows and the
Registry reserve 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
violation of this
Section 3 will
constitute a
material breach of
this agreement which
will entitle either
us or the Registry
to terminate this
agreement
immediately without
any refund and
without notice to
you.
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 either we or
the Registry 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
Registry dispute
policy ("Dispute
Policy") as
presently written
and posted on
http://www.enic.cc/policies/dispute.html
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
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.shtmlnic.cc/policies/dispute.html.
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 Dispute Policy. 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 Dispute Policy. You acknowledge that neither we nor the Registry screen or otherwise review your domain name application to verify that you have the legal right to use a particular word or term. You are strongly encouraged to perform a trademark search with respect to the words and/or phrases comprising your domain name prior to applying for registration of the domain. You agree that you will be solely liable in the event that your use of a domain constitutes an infringement or other violation of a third party's rights.
9. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, Registry, regulatory or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, Registry, regulatory 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. 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.enic.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.
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 any 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, including but not limited to Verisign, Inc. and eNic Corporation, 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 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 us, our contractors, agents, employees, officers, directors, affiliates and third party beneficiaries, including but not limited to Verisign, Inc. and eNic Corporation, 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. SCOPE OF REGISTRATION. You will be entitled to exclusive use of the domain name during the term of the registration. Notwithstanding the foregoing, you shall not use, display, exploit or register a domain name which action may constitute illegal activity or be in contravention or violation of a Tucows or Registry policy. You acknowledge that a breach of this clause will constitute a material breach of this agreement which will entitle either Tucows or the Registry to terminate this agreement immediately upon such breach without any refund. In addition, both we and/or the Registry may, in our sole discretion, refuse registration of your desired domain name within thirty (30) calendar days from receipt of payment. Neither Tucows nor the Registry shall be liable for any loss, damage or other injury whatsoever resulting from any refusal to register your desired domain name.
15. 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.
16. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy, 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 fifteen (15) 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.
17.
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.
18. 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.
19.
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); 20.
DISCLOSURE AND USE
OF REGISTRATION
INFORMATION. You
agree and
acknowledge that
either we and/or the
Registry may make
directly available
to third parties or
publicly available,
some or all, of the
Account Information
for inspection
through our WHOIS
service and for any
other purposes as
may be required or
permitted by
applicable laws or
policies. You hereby
irrevocably waive
and release Tucows
and/or the Registry
from any and all
claims and causes of
action you may have
arising from any
disclosure, use, or
unauthorized access
of your Account
Information.
21.
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. 22.
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. 23.
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.
24.
NON-AGENCY. Nothing
contained in this
Agreement or the
Dispute Policy shall
be construed as
creating any agency,
partnership, or
other form of joint
enterprise between
the parties.
25.
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. 26.
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: and in
the case of
notification to you
shall be to the
address specified in
the "Administrative
Contact" in your
WHOIS record.
27.
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. 28.
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.
29.
INFANCY. You attest
that you are of
legal age to enter
into this Agreement.
30. FORCE
MAJEURE. You
acknowledge and
agree that neither
we nor the Registry
shall be responsible
for any failure or
delay 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.
31.
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
translation.
32.
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 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.
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal
Affairs
