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Domain - Registration-Domain Registration
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.info
agreement |
.biz agreement | .ca
agreement | .com, .net,
.org agreement
SCHEDULE A - .info Domain -
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refer
to the registrant of each domain name registration, "we", “us" and "our" refer
to TUCOWS Inc. and “Services” refers
to the domain name registration provided by
us as offered through OSM Graphics (“RSP”).
This Agreement explains our obligations to
you, and explains your obligations to us for
various Services. If you are registering your
name during the finite period of time when
owners of trademarks and service marks issued
prior to October 2, 2000 and having national
effect will have the exclusive opportunity
to register identical domain names (“Sunrise
Period”), you agree to comply with the
procedures, terms and obligations. You acknowledge
and agree that registrations for domain names
during the Sunrise Period will only be accepted
for a minimum registration term of five (5)
years.
2. SELECTION OF A DOMAIN NAME. You represent
that, to the best of the your knowledge and
belief, neither this registration of a domain
name nor the manner in which it is directly
or indirectly to be used infringes upon the
legal rights of a third party and, further,
that the domain name is not being registered
for nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services
you have selected, you agree to pay the RSP
the applicable service fees. All fees payable
hereunder are non-refundable. As further consideration
for the Services, you agree to: (1) provide
certain current, complete and accurate information
about you as required by the registration process
and (2) maintain and update this information
as needed to keep it current, complete and
accurate. All such information shall be referred
to as account information ("Account Information").
By submitting this Agreement, you represent
that the statements in your Application are
true, complete and accurate.
4. TERM. This Agreement shall remain in full
force during the length of the term of your
domain name registration(s) as selected, recorded,
and paid for upon registration of the domain
name. Should you choose to renew or otherwise
lengthen the term of your domain name registration,
then the term of this Registration Agreement
shall be extended accordingly. Should the domain
name be transferred to another Registrar, the
terms and conditions of this contract shall
cease.
5. MODIFICATIONS TO AGREEMENT. You agree that
we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services
provided under this Agreement. You agree to
be bound by any such revision or change will
which shall be effective immediately upon posting
on our web site or upon notification to you
by e-mail or your country’s postal service
pursuant to the Notices section of this Agreement.
You agree to review this Agreement as posted
on our web site periodically to maintain an
awareness of any and all such revisions. If
you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time
by providing us with notice by e-mail or postal
service pursuant to the Notices section of
this Agreement. Notice of your termination
shall be effective after processing by us.
You agree that, by continuing the use of Services
following notice of any revision to this Agreement
or change in service(s), you shall be bound
by any such revisions and changes. If you have
registered your name during the Sunrise Period,
you agree to be bound by the Sunrise Dispute
Resolution Policy (“Sunrise Dispute Policy”)
found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN
Uniform Dispute Resolution Policy (“Dispute
Policy”) as presently written and posted
on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time.
You acknowledge that if you do not agree to
any such modifications, you may request that
your domain name be deleted from the domain
name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order
to change any of your account information with
us, you must use your Account Identifier and
Password that you selected when you opened
your account with us. You agree to safeguard
your Account Identifier and Password from any
unauthorized use. In no event shall we be liable
for the unauthorized use or misuse of your
Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved
or registered a domain name through us, or
transferred a domain name to us from another
registrar, you agree to be bound by the Dispute
Policies that are incorporated herein and made
a part of this Agreement by reference. The
current version of the general registration
Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself
with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if
the registration or reservation of your domain
name is challenged by a third party, you will
be subject to the provisions specified in the
Sunrise Dispute Policy or the Dispute Policy,
as applicable. You agree that in the event
a domain name dispute arises with any third
party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained
in the Sunrise Dispute Policy or Dispute Policy,
as applicable.
9. POLICY. You agree that your registration
of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to a Tucows,
Registry Operator, ICANN or government-adopted
policy, or pursuant to any registrar or registry
procedure not inconsistent with a Tucows, Registry
Operator, ICANN or government-adopted policy,
(1) to correct mistakes by us or the Registry
in registering the name or (2) for the resolution
of disputes concerning the domain name.
10. AGENCY. Should you intend to license use
of a domain name to a third party you shall
nonetheless be the domain name holder of record
and are therefore responsible for providing
your own full contact information and for providing
and updating accurate technical and administrative
contact information adequate to facilitate
timely resolution of any problems that arise
in connection with the domain name. You shall
accept liability for harm caused by wrongful
use of the domain name. You represent that
you have provided notice of the terms and conditions
in this Agreement to a third party licensee
and that the third party agrees to the terms
hereof.
11. ANNOUNCEMENTS. We reserve the right to
distribute information to you that is pertinent
to the quality or operation of our services
and those of our service partners. These announcements
will be predominately informative in nature
and may include notices describing changes,
upgrades, new products or other information
to add security or to enhance your identity
on the Internet.
12. LIMITATION OF LIABILITY. You agree that
our entire liability, and your exclusive remedy,
with respect to any Services(s) provided under
this Agreement and any breach of this Agreement
is solely limited to the amount you paid for
such Service(s). Neither we nor our contractors
or third party beneficiaries shall be liable
for any direct, indirect, incidental, special
or consequential damages resulting from the
use or inability to use any of the Services
or for the cost of procurement of substitute
services. Because some jurisdictions do not
allow the exclusion or limitation of liability
for consequential or incidental damages, in
such jurisdictions, our liability is limited
to the extent permitted by law. We disclaim
any and all loss or liability resulting from,
but not limited to: (1) loss or liability resulting
from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery
or data miss-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse
of your account identifier or password; (5)
loss or liability resulting from errors, omissions,
or misstatements in any and all information
or services(s) provided under this Agreement;
(6) loss or liability resulting from the interruption
of your Service. You agree that we will not
be liable for any loss of registration and
use of your domain name, or for interruption
of business, or any indirect, special, incidental,
or consequential damages of any kind (including
lost profits) regardless of the form of action
whether in contract, tort (including negligence),
or otherwise, even if we have been advised
of the possibility of such damages. In no event
shall our maximum liability exceed five hundred
($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents, employees,
officers, directors, affiliates and third party
beneficiaries harmless from all liabilities,
claims and expenses, including attorney's fees,
of third parties relating to or arising under
this Agreement, the Services provided hereunder
or your use of the Services, including without
limitation infringement by you, or someone
else using the Service of any intellectual
property or other proprietary right of any
person or entity, or from the violation of
any of our operating rules or policy relating
to the Service(s) provided. You also agree
to release, indemnify and hold us harmless
pursuant to the terms and conditions contained
in the Dispute Policy. When we are threatened
with suit by a third party, we may seek written
assurances from you concerning your promise
to indemnify us; your failure to provide those
assurances shall be a breach of your Agreement
and may result in deactivation of your domain
name.
14. TRANSFER OF OWNERSHIP. The person named
as registrant at the time the user name and
password are secured shall be the owner of
the domain name. You agree that prior to transferring
ownership of your domain name to another person
(the Transferee") you shall require the
Transferee to agree in writing to be bound
by all the terms and conditions of this Agreement.
Your domain name will not be transferred until
we receive such written assurances or other
reasonable assurance that the Transferee has
been bound by the contractual terms of this
Agreement (such reasonable assurance as determined
by us in our sole discretion) along with the
applicable transfer fee. If the Transferee
fails to be bound in a reasonable fashion (as
determine by us in our sole discretion) to
the terms and conditions in this Agreement,
any such transfer will be null and void. You
acknowledge that you will not be entitled to
change registrars during the first sixty (60)
days following the registration of your domain
name.
15. BREACH. You agree that failure to abide
by any provision of this Agreement, any operating
rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material
breach and that we may provide a written notice,
describing the breach, to you. If within thirty
(30) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached
your obligations under the Agreement, then
we may delete the registration or reservation
of your domain name. Any such breach by you
shall not be deemed to be excused simply because
we did not act earlier in response to that,
or any other breach by you.
16. NO GUARANTY. You acknowledge that registration
or reservation of your chosen domain name does
not confer immunity from objection to either
the registration, reservation, or use of the
domain name.
17. DISCLAIMER OF WARRANTIES. You agree that
your use of our Services is solely at your
own risk. You agree that such Service(s) is
provided on an "as is", "as
available" basis. We expressly disclaim
all warranties of any kind, whether express
or implied, including but not limited to the
implied warranties of merchantability, fitness
for a particular purpose and non-infringement.
We make no warranty that the Services will
meet your requirements, or that the Service(s)
will be uninterrupted, timely, secure, or error
free; nor do we make any warranty as to the
results that may be obtained from the use of
the Service(s) or as to the accuracy or reliability
of any information obtained through the Service
or that defects in the Service will be corrected.
You understand and agree that any material
and/or data downloaded or otherwise obtained
through the use of Service is done at your
own discretion and risk and that you will be
solely responsible for any damage to your computer
system or loss of data that results from the
download of such material and/or data. We make
no warranty regarding any goods or services
purchased or obtained through the Service or
any transactions entered into through the Service.
No advice or information, whether oral or written,
obtained by you from us or through the Service
shall create any warranty not expressly made
herein.
18. INFORMATION. As part of the registration
process, you are required to provide us certain
information and to update us promptly as such
information changes such that our records are
current, complete and accurate. You are obliged
to provide us the following information:
(i) Your name and postal address (or, if different,
that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address,
and voice and fax (if available) telephone
numbers of the administrative contact for the
domain name;
(iv) The name, postal address, e-mail address,
and voice and fax (if available) telephone
numbers of the billing contact for the domain
name.
Any other information, which we request from
you at registration, is voluntary. Any voluntary
information we request is collected for the
purpose of improving the products and services
offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make
domain name registration information you provide
available to ICANN, to the registry administrators,
and to other third parties as applicable. You
further agree and acknowledge that we may make
publicly available, or directly available to
third party vendors, some, or all, of the domain
name registration information you provide,
for purposes of inspection (such as through
our WHOIS service) or other purposes as required
or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures
and use of information provided by you in connection
with the registration of a domain name (including
any updates to such information), whether during
or after the term of your registration of the
domain name. You hereby irrevocably waive any
and all claims and causes of action you may
have arising from such disclosure or use of
your domain name registration information by
us.
You may access your domain name registration
information in our possession to review, modify
or update such information, by accessing our
domain manager service, or similar service,
made available by us through your RSP.
We will not process data about any identified
or identifiable natural person that we obtain
from you in a way incompatible with the purposes
and other limitations which we describe in
this Agreement.
We will take reasonable precautions to protect
the information we obtain from you from our
loss, misuse, unauthorized accessor disclosure,
alteration or destruction of that information.
20. REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure
promptly to update information provided to
us, or your failure to respond for over fifteen
(15) calendar days to inquiries by us concerning
the accuracy of contact details associated
with the your registration shall constitute
a material breach of this Agreement and be
a basis for cancellation of the domain name
registration.
21. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register or
reserve your chosen domain name or register
you for other Services. In the event we do
not register or reserve your domain name or
register you for other Services, or we delete
your domain name or other Services within such
thirty (30) calendar day period, we agree to
refund your applicable fee(s). You agree that
we shall not be liable to you for loss or damages
that may result from our refusal to register,
reserve, or delete your domain name or register
you for other Services.
We reserve the right to delete or transfer
your domain name within a thirty (30) day period
following registration if we believe the registration
has been made possible by a mistake, made either
by us or by a third party. We also reserve
the right to suspend a domain name during resolution
of any dispute.
22. SEVERABILITY. You agree that the terms
of this Agreement are severable. If any term
or provision is declared invalid or unenforceable,
that term or provision will be construed consistent
with applicable law as nearly as possible to
reflect the original intentions of the parties,
and the remaining terms and provisions will
remain in full force and effect.
23. NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policies shall be
construed as creating any agency, partnership,
or other form of joint enterprise between the
parties.
24. NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect
the full right to require such performance
at any time thereafter; nor shall the waiver
by us of a breach of any provision hereof be
taken or held to be a waiver of the provision
itself.
25. NOTICES. Any notice, direction or other
communication given under this Agreement shall
be in writing and given by sending it via e-mail
or via postal service. In the case of e-mail,
valid notice shall only have been deemed to
have been given when an electronic confirmation
of delivery has been obtained by the sender.
In the case of e-mail, notifications must be
sent to us at lhutz@tucows.com, or in the case
of notification to you, to the e-mail address
provided by you in your WHOIS record. Any e-mail
communication shall be deemed to have been
validly and effectively given on the date of
such communication, if such date is a business
day and such delivery was made prior to 4:00
p.m. EST, otherwise it will be deemed to have
been delivered on the next business day. In
the case of regular mail notice, valid notice
shall be deemed to have been validly and effectively
given 5 business days after the date of mailing
and, in the case of notification to us or to
RSP shall be sent to:
Our Address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall
be to the address specified in the “Administrative
Contact” in your WHOIS record.
26. ENTIRETY. You agree that this Agreement,
the rules and policies published by us and
the Dispute Policy are the complete and exclusive
agreement between you and us regarding our
Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings,
whether established by custom, practice, policy
or precedent.
27. GOVERNING LAW. This Agreement shall be
governed by and interpreted and enforced in
accordance with the LAWS OF Province of ontario
and the FEDERAL LAWS OF canada applicable therein
without reference to rules governing choice
of laws. Any action relating to this Agreement
must be brought in ontario and you irrevocably
consent to the jurisdiction of such courts.
28. INFANCY. You attest that you are of legal
age to enter into this Agreement.
29. Acceptance of Agreement. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND
ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT.
