Domain Registration Terms
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.us
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1.
AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to each customer,
"we", us" and "our" refer to Tucows.com
Inc. and "Services" refers to the domain name registration
provided by us as offered through J.D. Web Services, L.C.,
the Registration Service Provider ("RSP"). This
Agreement explains our obligations to you, and explains your
obligations to us for various Services.
2.
SELECTION OF A DOMAIN NAME. You represent that, to the best
of the your knowledge and belief, neither the registration
of the SLD 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 have selected,
you agree to pay to us, or your respective RSP who remits
payment to us on your behalf, 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"). You,
by completing and submitting this Agreement represent that
the statements in your application are true.
4.
TERM. You agree that the Registration Agreement will remain
in full force during the length of the term of your Domain
Name Registration. Should you choose to renew or otherwise
lengthen the term of your Domain Name Registration, then the
term of this Registration Agreement will be extended accordingly.
This Agreement will remain in full force during the length
of the term of your Domain Name Registration 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 will be extended accordingly. Should you transfer
your domain name or should the domain name otherwise be transferred
due to another Registrar, the terms and conditions of this
contract shall cease and shall be replaced by the contractual
terms in force for the purpose of registering domain names
then in force between SLD holders and the new Registrar.
5.
MODIFICATIONS TO AGREEMENT. You agree, during the period of
this Agreement, that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided under
this Agreement. Any such revision or change will be binding
and effective immediately on posting of the revised Agreement
or change to the service(s) on our web site, or on notification
to you by e-mail or regular mail as per the Notices section
of this agreement. You agree to review our web site, including
the Agreement, periodically to be aware of any 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 regular mail as per the Notices section
of this agreement. Notice of your termination will be effective
on receipt and processing by us. You agree that, by continuing
to use the Services following notice of any revision to this
Agreement or change in service(s), you shall abide by any
such revisions or changes. You further agree to abide by the
ICANN Uniform Dispute Resolution Policy ("Dispute Policy")
as amended from time to time. You agree that, by maintaining
the reservation or registration of your domain name after
modifications to the Dispute Policy become effective, you
have agreed to these modifications. 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. Please safeguard your Account Identifier and Password
from any unauthorized use. In no event will 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 which 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.
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 in effect at the time of the dispute. 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.
For any dispute, you agree to submit to the jurisdiction of
the courts of The Province of Ontario.
9.
ICANN POLICY. You agree that your registration of the SLD
name shall be subject to suspension, cancellation, or transfer
pursuant to any ICANN-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with an ICANN-adopted
policy, (1) to correct mistakes by Registrar or the Registry
in registering the name or (2) for the resolution of disputes
concerning the SLD name.
10.
AGENCY. Should you intend to license use of a domain name
to a third party you shall nonetheless be the SLD 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 SLD. You shall accept liability for
harm caused by wrongful use of the SLD, unless you promptly
disclose the identity of the licensee to the party providing
you reasonable evidence of actionable harm. You also represent
that you have provided notice of the terms and conditions
in this Agreement to the third party and that the third party
agrees to the terms of Disclosure and Use of Registration
Information (sections 18 and 19 of this Agreement).
11.
ANNOUNCEMENTS. We and the RSP 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).
We and our contractors shall not 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
states do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states, 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. 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 and affiliates
harmless from all liabilities, claims and expenses, including
without limitation Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, 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 with your computer,
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
may be considered by us to be a breach of your Agreement and
may result in deactivation of your domain name.
14.
TRANSFER OF OWNERSHIP. The person named as administrative
contact at the time the controlling 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.
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 agree that, by registration or reservation
of your chosen domain name, such registration or reservation
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 such that
we can continue to improve 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 ICANN and applicable
laws may require or permit. 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 the applicable laws.
You
hereby consent to any and all such disclosures and use of,
and guidelines, limits and restrictions on disclosure or 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.
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
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 SLD 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 within thirty (30)
calendar days from receipt of your payment for such 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.
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
Policy 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 regular mail. 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 notification to us or
to the RSP to lhutz@Tucows.com or [Insert E-mail Address for
RSP ] or, in the case of notice to you, at 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 the RSP shall be sent to:
Tucows.com
Inc. Registrant Affairs Office 96 Mowat Avenue Toronto, Ontario
M6K 3M1 - OR - [Insert RSP address] 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.
1.
AGREEMENT. In this Registration Agreement ("Agreement")
"Registrant", "you" and "your"
refer to the registrant of each domain name registration,
"we", "us" and "our" refer to
TUCOWS Inc., "Registry Operator" refers to NeuStar
Inc., "DOC" refers to the United States of America
Department of Commerce, and "Services" refers to
the domain name registration provided by us as offered through
J.D. Web Services, L.C. ("RSP"). This Agreement
explains our obligations to you, and explains your obligations
to us for various Services.
2.
.us NEXUS REQUIREMENT. Only those individuals or organizations
that have a substantive lawful connection in the United States
are permitted to register for .usTLD domain names. Registrants
in the .usTLD must satisfy the nexus requirement ("Nexus"
or "Nexus Requirements") set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf
3.
SELECTION OF A DOMAIN NAME. You certify and represent that:
You have and shall continue to have, a bona fide presence
in the United States on the basis of real and substantial
lawful contacts with, or lawful activities in, the United
States as defined in Section 2 hereinabove.
The listed name servers are located within the United States;
The data provided in the domain name registration application
is true, correct, up to date and complete, and that you will
continue to keep all of the information provided correct,
up-to-date and complete;
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;
That the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose
whatsoever;
You have the authority to enter into this Registration Agreement.
4. 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.
5.
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.
6.
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 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 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. We will not refund
any fees paid by you if you terminate your agreement with
us.
7.
MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own
records appropriate to document and prove the initial registration
date of the domain name. 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.
8.
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 and the usDRP, as defined below, that is incorporated
herein and made a part of this Agreement by reference. Please
take the time to familiarize yourself with these policies.
9.
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:
The Nexus Dispute Policy ("Dispute Policy"), available
at http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an
opportunity to challenge a registration not complying with
the Nexus Requirements.
The usTLD Dispute Resolution Policy ("usDRP"), available
at http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP
is intended to provide interested parties with an opportunity
to challenge a registration based on alleged trademark infringement.
In addition to the foregoing, you agree that, for the adjudication
of disputes concerning or arising from use of the Registered
Name, you shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts
(i) of your domicile,
where Tucows is located, and
the United States.
10. POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, the DOC or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a DOC 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. The Registry Operator's policies
can be found at http://www.neustar.us/policies.
11.
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. You acknowledge
and agree that the domain name has not been registered solely
for the purposes of selling, trading or leasing for compensation
and will be used for a business or commercial purpose.
12.
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.
13.
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.
14.
INDEMNITY. You agree to release, indemnify, and hold us, the
Registry Operator, the DOC, our respective 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.
15.
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 to be 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 may 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.
16.
BREACH. You agree that failure to abide by any provision of
this Agreement including but not limited to any failure to
abide by the Nexus Requirements, 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 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.
If you license use of the domain name, you nonetheless agree
that you shall accept any and all liability for any harm caused
by said licensed use and suffered by Tucows, the Registry
Operator and/or the DOC. 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:
Your full name, postal address, e-mail address and telephone
number and fax number (if available) (or, if different, that
of the domain name holder);
The domain name being registered;
The name, postal address, e-mail address, and telephone number
and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for
the domain name;
The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name;
In addition to the foregoing, you will be required to provide
additional Nexus Information. The Nexus Information requirements
are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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.
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration
information you provide available to the DOC, to the Registry
Operator, 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 the DOC 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.
21.
REVOCATION. 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 DOC
or Registry Operator policy.
22.
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.
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 Policies 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 be 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
CANADA
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
27.
ENTIRETY. You agree that this Agreement, the rules and policies
published by Tucows, the DOC and/or the Registry Operator
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.
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.
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
(“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.
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.
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. 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.
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.
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.
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.
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.
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.
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.
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:
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.
REVOCATION. 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 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.
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., "Registry Operator"
refers to Neulevel Inc. and "Services" refers to
the domain name registration provided by us as offered through
J.D. Web Services, L.C. ("RSP"). This Agreement
explains our obligations to you, and explains your obligations
to us for various Services.
2.
.BIZ RESTRICTIONS. Registrations in the .biz top level domain
must be used or intended to be used primarily for bona fide
business or commercial purposes. For the purposes of the .biz
registration restrictions, "bona fide business or commercial
use" shall mean the bona fide use or bona fide intent
to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet
users to access one or more host computers through the DNS:
(i)
to exchange goods, services, or property of any kind;
(ii) in the ordinary course of business; or
(iii) to facilitate (i) the exchange of goods, services, information
or property of any kind; or (ii) the ordinary course of trade
or business.
For
more information on the .biz restrictions, which are incorporated
herein by reference, please see http://www.neulevel.com/countdown/registration
restrictions.html.
3.
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, and that you will
continue to keep all of the information provided 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.
4.
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.
5.
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.
6.
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 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. We will not refund any fees paid by you if you terminate
your agreement with us.
7.
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.
8.
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.
9.
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/;
(ii) The Restrictions Dispute Resolution Criteria and Rules
("RDRP"), available at http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, "Dispute Policies").
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.
The
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.
10.
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.
11.
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. You acknowledge
and agree that the domain name has not been registered solely
for the purposes of selling, trading or leasing for compensation
and will be used for a business or commercial purpose.
12.
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.
13.
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.
14.
INDEMNITY. You agree to release, indemnify, and hold us, the
Registry Operator, 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.
15.
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 to be 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.
16.
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 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 full name, postal address, e-mail address and telephone
number and fax number (if available) (or, if different, that
of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and telephone
number and fax number (if available) telephone numbers of
the administrative contact, the technical contact and the
billing contact for the domain name;
(iv) The IP addresses and names of the primary nameserver
and any secondary nameserver(s) 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.
20.
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.
21.
REVOCATION. 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.
22.
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.
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 i |