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