EXHIBIT A
Registration Agreement
1. In this Registration Agreement ("Agreement") "Registrant", "you"
and "your" refers to the registrant of each domain name registration, "we",
"us" and "our" refers to Tucows.com Co., and "Services" refers to the
domain name registration services provided by us as offered through CEO
Computers, Inc., the Registration Service Provider ("Reseller"). Any
reference to a "registry," "Registry" or "Registry Operator" shall refer to
the registry administrator of the applicable TLD or ccTLD. This Agreement
explains our obligations to you, and explains your obligations to us for
the Services. By agreeing to the terms and conditions set forth in this
Agreement, you are also agreeing to be bound by the rules and regulations
set forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we
cannot guarantee that you will obtain a desired domain name registration,
even if an inquiry indicates that a domain name is available at the time of
your application for same. You represent that, to the best of the your
knowledge and belief, neither the registration of the domain name nor the
manner in which it is directly or indirectly 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.
3. FEES. As consideration for the Services, you agree to pay
Reseller the applicable service(s) fees prior to the effectiveness of a
desired domain name registration or any renewal thereof. All fees payable
hereunder are non-refundable even if your domain name registration is
suspended, cancelled or transferred prior to the end of your current
registration term. 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 represent that the Account Information and all other
statements put forth in your application are true, complete and accurate.
Both Tucows and each registry reserves the right to terminate your domain
name registration if: (i) information provided by you or your agent is
false, inaccurate, incomplete, unreliable, misleading or otherwise
secretive; or (ii) you have failed to maintain, update and keep your
Account Information true, current, complete, accurate and reliable. You
acknowledge that a breach of this Section 3 will constitute a material
breach of our Agreement which will entitle either us or a registry to
terminate this Agreement immediately upon such breach without any refund
and without notice to you.
4. TERM. This Agreement will remain in effect during the term of
your domain name registration as selected, recorded and paid for at the
time of registration or any renewal thereof. Should the domain name be
transferred to another registrar, the terms and conditions of this
Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of
registering and administering domain names is constantly evolving;
therefore, you agree that Tucows may modify this Agreement, or any other
related and/or applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or individual, as
well as to adjust to changing circumstances. Your continued use of the
domain name registered to you will constitute your acceptance of this
Agreement with any revisions. If you do not agree to any change, you may
request that your domain name registration be cancelled or transferred to a
different accredited registrar. You agree that such cancellation or request
for transfer will be your exclusive remedy if you do not wish to abide by
any change to this Agreement, or any other related and/or applicable
agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use the 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. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to the
registration, reservation or use of the domain name.
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 adopted by the
applicable registry. 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 applicable policy. If
Tucows is notified that a complaint has been filed with a judicial or
administrative body regarding your domain name, Tucows may, at its sole
discretion, suspend your ability to use your domain name or to make
modifications to your registration records until (i) Tucows is directed to
do so by the judicial or administrative body, or (ii) Tucows receives
notification by you and the other party contesting your domain that the
dispute has been settled. Furthermore, you agree that if you are subject to
litigation regarding your registration or use of your domain name, Tucows
may deposit control of your registration record into the registry of the
judicial body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to a Tucows,
registry, ICANN or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, registry, ICANN or
government-adopted policy, (1) to correct mistakes by us or a 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 will secure the agreement of any third party to the terms and
conditions in this Agreement
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 the initial registration of your domain name. Tucows
and its directors, employees, affiliates, subsidiaries, agents and third
party providers, ICANN and the applicable registries 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.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows, its
contractors, agents, employees, officers, directors and affiliates, ICANN,
the applicable registries and their respective directors, officers,
employees, agents and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties arising out of or
relating to the registration or use of the domain name registered in your
name including without limitation infringement by you or a third party with
access to your Account Identifier and Password. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions
contained in the applicable 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 the
suspension or cancellation of your domain name. This indemnification
obligation will survive the termination or expiration of this Agreement.
14. 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 Account Identifier 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. 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. 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.
17. 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:
(a) your name and postal address (or, if different, that of the domain name
holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain
name;
(d) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name;
and
(e) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the technical contact for the domain name.
Any voluntary information we request is collected in order that we can
continue to improve the products and services offered to you through your
Reseller.
18. 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, law enforcement
agencies 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.
(a) 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.
(b) 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 Reseller.
(c) We will not process or maintain 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.
(d) We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized disclosure, alteration
or destruction of that information.
19. OBLIGATION TO MAINTAIN WHOIS. 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 ICANN or an applicable registry policy.
20. REVOCATION. We, in our sole discretion, reserve the right to
deny, cancel, suspend, transfer or modify any domain name registration to
correct a mistake, protect the integrity and stability of the company and
any applicable registry, to comply with any applicable laws, government
rules, or requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or criminal.
You agree that we shall not be liable to you for loss or damages that may
result from our refusal to register or cancel, suspend, transfer or modify
your domain name registration.
21. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this
Agreement may be inconsistent with any term, condition, policy or procedure
of an applicable registry, the term, condition, policy or procedure of the
applicable registry shall prevail.
22. 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.
23. 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 be given when an electronic confirmation of delivery has
been obtained by the sender. E-mail notification to Tucows must be sent to
lhutz@tucows.com. Any notice to you
will be sent 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 five (5) business days after the date of
mailing Postal notices to Tucows shall be sent to:
TUCOWS.Com Co..
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address
specified in the "Administrative Contact" in your WHOIS record.
24. ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by Tucows and any applicable
registry or other governing authorities are the complete and exclusive
agreement between you and us regarding our Services.
25. 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.
26. INFANCY. You attest that you are of legal age to enter into this
Agreement.
27. FORCE MAJEURE. You acknowledge and agree that neither we nor the
applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause
beyond our reasonable control, including but not limited to, acts of God,
acts of civil or military authority, fires, wars, riots, earthquakes,
storms, typhoons and floods.
28. PRIVACY. Information collected about you is subject to the terms
of Tucows' privacy policy, the terms of which are hereby incorporated by
reference. Tucows' privacy policy can be found at:
http://www.tucows.com/privacy.html
29. CONTROLLING LANGUAGE. In the event that you are reading this
Agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
30. TLD'S. The following additional provisions apply to any domain
names that you register through Tucows with the various registries:
(a) .com/net Domains: In the case of a ".com" or ".net"
registration, the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies
are subject to modification.
(b) .org Domains: In the case of a ".org" registration, the
following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification.
(c) .info Domains: In the case of a ".info" registration, the
following terms and conditions will apply:
(i) Registrant's Personal Data. You consent to the use, copying,
distribution, publication, modification, and other processing of
Registrant's personal data by Afilias, the .INFO registry, and its
designees and agents, in a manner consistent with the purposes specified
pursuant to its contract.
(ii) Submission to UDRP. Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification.
(iii) Reservation of Rights. Tucows and Afilias expressly reserve the right
to deny, cancel, transfer, or modify any registration that either registrar
or Afilias deems necessary, at its discretion, to protect the integrity and
stability of the registry, to comply with any applicable law, any
government rule or requirement, any request of law enforcement, any dispute
resolution process, or to avoid any liability, civil or criminal, on the
part of the registrar and/or Afilias, as well as their affiliates,
subsidiaries, executives, directors, officers, managers, employees,
consultants, and agents. The registrar and Afilias also reserve the right
to suspend a domain name or its registration data during resolution of a
dispute.
(d) .biz Domains. In the case of a ".biz" registration, the
following terms and conditions will apply:
(i) .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:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business; or
(C) 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.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(ii) Selection of a Domain Name. You represent that:
(A) 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;
(B) 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;
(C) that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever;
(D) 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;
(E) you have the authority to enter into this Registration Agreement; and
(F) the registered domain name is reasonably related to your business or
intended commercial purpose at the time of registration.
(iii) Provision of Registration Data. As part of the registration process,
you are required to provide us with certain information and to keep the
information true, current, complete, and accurate at all times. The
information includes the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation;
(G) the IP addresses of the primary nameserver and any secondary nameserver
for the domain name;
(H) the corresponding names of the primary and secondary nameservers;
(I) the full name, postal address, e-mail address, voice telephone number,
and, when available, fax number of the administrative, technical, and
billing contacts, and the name holder for the domain name; and
(J) any remark concerning the domain name that should appear in the WHOIS
directory.
(K) You agree and understand that the foregoing registration data will be
publicly available and accessible on the WHOIS directory as required by
ICANN and/or registry policies, and may be sold in bulk in accordance with
the ICANN agreement.
(iv) 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:
(A) The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy),
available at:
http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
(v) The Dispute Policy sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than the Registry
or Registrar over the registration and use of an Internet domain name
registered by Registrant.
(vi) 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.
(e) .name Domains. In the case of a ".name" registration, the following
terms and conditions will apply:
(i) .name Restrictions. Registrations in the .name top-level domain must
constitute an individual's "Personal Name". For purposes of the .name
restrictions (the "Restrictions"), a "Personal Name" is a person's legal
name, or a name by which the person is commonly known. A "name by which a
person is commonly known" includes, without limitation, a pseudonym used by
an author or painter, or a stage name used by a singer or actor.
(ii) .name Representations. As a .name domain name registrant, you hereby
represent that:
(A) the registered domain name or second level domain ("SLD") e-mail
address is your Personal Name.
(B) 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, current and complete,
(C) 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;
(D) that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever;
(E) the registration satisfies the Eligibility Requirements found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this Registration Agreement.
(iii) E-mail Forwarding Services. The Services for which you have
registered may, at your option, include e-mail forwarding. To the extent
you opt to use e-mail forwarding, you are obliged to do so in accordance
with all applicable legislation and are responsible for all use of e-mail
forwarding, including the content of messages sent through e-mail
forwarding.
You undertake to familiarize yourself with the content of and to comply
with the generally accepted rules for Internet and e-mail usage. This
includes, but is not limited to the Acceptable Use Policy, available at
http://www.nic.name/downloads/aup.pdf as well as the following
restrictions. Without prejudice to the foregoing, you undertake not to use
e-mail forwarding:
(A) to encourage, allow or participate in any form of illegal or unsuitable
activity, including but not restricted to the exchange of threatening,
obscene or offensive messages, spreading computer viruses, breach of
copyright and/or proprietary rights or publishing defamatory material;
(B) to gain illegal access to systems or networks by unauthorized access to
or use of the data in systems or networks, including all attempts at
guessing passwords, checking or testing the vulnerability of a system or
network or breaching the security or access control without the sufficient
approval of the owner of the system or network;
(C) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial of Service
(DoS) attacks, wilful attempts to overload another system or other forms of
harassment; or
(D) for spamming, which includes, but is not restricted to, the mass
mailing of unsolicited e-mail, junk mail, the use of distribution lists
(mailing lists) which include persons who have not specifically given their
consent to be placed on such distribution list. Users are not permitted to
provide false names or in any other way to pose as somebody else when using
e-mail forwarding.
(iv) Registry reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry's e-mail forwarding. However, due to the nature of such
systems, which actively block messages, Registry shall make public any
decision to implement such systems a reasonable time in advance, so as to
allow you or us to give feedback on the decision.
(v) You understand and agree that Registry may delete material that does
not conform to clause (c) above or that in some other way constitutes a
misuse of e-mail forwarding. You further understand and agree that Registry
is at liberty to block your access to e-mail forwarding if you use e-mail
forwarding in a way that contravenes this Agreement. You will be given
prior warning of discontinuation of the e-mail forwarding unless it would
damage the reputation of Registry or jeopardize the security of Registry or
others to do so. Registry reserves the right to immediately discontinue
e-mail forwarding without notice if the technical stability of e-mail
forwarding is threatened in any way, or if you are in breach of this
Agreement. On discontinuing e-mail forwarding, Registry is not obliged to
store any contents or to forward unsent e-mail to you or a third party.
(vi) You understand and agree that to the extent either we and/or Registry
is required by law to disclose certain information or material in
connection with your e-mail forwarding, either we and/or Registry will do
so in accordance with such requirement and without notice to you.
(vii) 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. You hereby acknowledge that you
have 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.
(A) the Eligibility Requirements (the "Eligibility Requirements"),
available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at:
http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD e-mail addresses will be granted on a first-come,
first-served basis. The following categories of Personal Name Registrations
may be registered: (i) the Personal Name of an individual; (ii) the
Personal Name of a fictional character, if you have trademark or service
make rights in that character's Personal Name; (iii) in addition to a
Personal Name registration, you may add numeric characters to the beginning
or the end of the Personal Name so as to differentiate it from other
Personal Names.
(ix) The ERDRP applies to challenges to (i) registered domain names and SLD
e-mail address registrations within .name on the grounds that a Registrant
does not meet the Eligibility Requirements, and (ii) to Defensive
Registrations (as defined by the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in connection with a
dispute between a Registrant and party other than the Registry or Tucows
over the registration and use of an Internet domain name registered by a
Registrant.
31. ccTLD'S
(a) .ca Domains. In the case of a ".ca" registration, the following
terms and conditions will apply:
(i) 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.cira.ca/en/cat_Dpr.html. Please take the time to familiarize
yourself with this policy.
(ii) Registry Policy. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with a Registry adopted policy, (1) to correct mistakes by
Tucows or the Registry in registering the name or (2) for the resolution of
disputes concerning the domain name.
(iii) Transfer of Ownership. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with registry policies
and procedures.
(iv) Registry Agreement and Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by
the Registry's Registrant Agreement, the Registry's policies and any
pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at
http://www.cira.ca/en/doc_Registrar.html. You are responsible for
monitoring the Registry's site on a regular basis. In the event that you do
not wish to be bound by a revision or modification to any Registry
agreement or policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding such
cancellation.
(v) You acknowledge and agree that the Registry shall not be liable to you
for any loss, damage, or expense arising out of the Registry's failure or
refusal to register a domain name, it's failure or refusal to renew a
domain name registration, it's registration of a domain name, it's failure
or refusal to renew a domain name registration, it's renewal of a domain
name registration, it's failure or refusal to transfer a domain name
registration, it's transfer of a domain name registration, it's failure or
refusal to maintain or modify a domain name registration, it's maintenance
of a domain name registration, it's modification of a domain name
registration, it's failure to cancel a domain name registration or it's
cancellation of a domain name registration from the Registry;
(b) .cc Domains. In the case of a ".cc" registration, the following
terms and conditions will apply:
(i) 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.nic.cc/policies/dispute.html. Please take the time to
familiarize yourself with this policy.
(ii) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at
http://www.nic.cc. You are responsible for
monitoring the Registry's site on a regular basis. In the event that you do
not wish to be bound by a revision or modification to any Registry policy,
your sole remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
(c) .ch Domains. In the case of a ".ch" registration, the following
terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at
http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry's site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding such
cancellation.
(ii) 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 .ch 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.switch.ch/id/disputes/rules. Please take the time to
familiarize yourself with this policy.
(d) .cn Domains. In the case of a ".cn" registration, the following
terms and conditions shall apply:
(i) "Registry" means the China Internet Network Information Center, which
is the authority responsible for the administration of the national
top-level domain of the People's Republic of China and the Chinese domain
name system;
(ii) "Registry Gateway" means the service provided by the Registry Operator
that facilitates the registration of .cn domain names by registrars
operating outside of the People's Republic of China;
(iii) "Registry Operator" means Neustar, Inc., the company authorized to
facilitate the registration of .cn domain names by registrars operating
outside of the People's Republic of China.
(iv) Restrictions. You agree that you shall not register or use a domain
name that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the Constitution of the
Peoples Republic of China ("PRC");
(B) jeopardize national security, leak state secrets, intend to overturn
the government or disrupt the integrity of the PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different nationalities
or disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social stability of the
PRC;
(F) spread pornography, obscenity, gambling, violence, homicide, terror or
instigate crimes in the PRC;
(G) insult, libel against others and infringe other people's legal rights
and interests in the PRC; or
(H) take any other action prohibited in laws, rules and administrative
regulations of the PRC.
(v) Business or Organization Representation. .cn domain name registrations
are intended for businesses and organizations and not for individual use.
By registering a .cn name, you accordingly represent that you have
registered the domain name on behalf or a business or organization. It
should be noted that, although .cn policy is permissive in terms of
registration, and enforcement is generally in reaction to a complaint (as
opposed to proactive review), registrations that are not associated with an
organization or business may be subject to deletion. The foregoing prevents
an individual from registering a .cn domain name for a business operating
as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and understood and
agree to be bound by the terms and conditions of the CNNIC Domain Name
Dispute Policy & Rules for CNNIC Dispute Resolution Policy ("Dispute
Policy"), as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement. The Dispute
Policy is currently found at:
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute Policy, Registrars must
comply with all reasonable requests from the applicable domain name dispute
resolution institutions including the provision of all relevant evidence in
any domain name disputes in the specified time frames.
(viii) If we are notified that a complaint has been filed with a judicial
or administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the other
party contesting your registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you agree that if
you are subject to litigation regarding your registration and use of our
domain name registration services, we may deposit control of your domain
name record into the registry of the judicial body by supplying a party
with a registrar certificate from us.
(ix) Adherence to Policies. You agree to comply with all applicable laws,
regulations and policies of the Peoples Republic of China's governmental
agencies and the China Internet Network Information Centre ("CNNIC"),
including but not limited to the following rules and regulations:
(A) Provisional Administrative Rules for Registration of Domain Names in
China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain Names in China
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and
(D) CNNIC Implementing Rules of Domain Name Registration (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and agree to be bound by
the terms and conditions of the policies of the CNNIC, as they may be
amended from time to time.
(x) Suspension and Cancellation. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, CNNIC or government-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with a CNNIC or government-adopted policy, (1) to correct mistakes by a
party in registering the name, (2) for the resolution of disputes
concerning the domain name, (3) to protect the integrity and stability of
the registry, (4) to comply with any applicable laws, government rules or
requirements, requests of aw enforcement, (5) to avoid any liability, civil
or criminal, on the part of Tucows, Registry Operator or CNNIC, as well as
their affiliates, subsidiaries, directors, representatives, employees and
stockholders or (6) for violations of this Agreement. Tucows, Registry
Operator and CNNIC also reserve the right to "freeze" a domain name during
the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, (2) where Tucows is located, and
(3) the People's Republic of China.
(xii) Governing Law. For the adjudication of a dispute concerning or
arising from use of a .cn domain, such dispute will be governed under the
Laws of the Peoples Republic of China.
(e) .de Domains. In the case of a ".de" registration, the following
terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registry's Terms and Conditions
and the Registry's Guidelines and have provided your Reseller with written
confirmation of same;
(B) either you, or the person designated as the administrative contact for
the domain name, shall be resident or shall have a branch in Germany;
(C) 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.
(ii) 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 by the Registry or any court of law.
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 specified by the Registry or any court of law. (iii) Registry
Policies. You agree to be bound by the Registry's Registration Terms and
Conditions and the Registration Guidelines. English language translations
of the Registry's documents are provided for convenience; in the event of a
discrepancy between the English and the German language agreements, the
terms of the German agreement will prevail. The Registry documents may be
found at:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
11.3. German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(f) .fr Domains. In the case of a ".fr" registration, the following
terms and conditions will apply:
(i) Representation of Registrant. .fr domain names are available for
registration to companies and persons who fulfill the following criteria.
As a condition of registration, you accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in France; (or),
(II) which possess an address in France which is expressly listed in the
public electronic databases of the registrars of the commercial courts or
the National Statistical and Economic Studies Institute (INSEE), (or),
(III) State institutions or departments, local authorities or associated
establishments, (or),
(IV) which own a trademark registered with the National Intellectual
Property Institute or own a registered EU or international trademark which
expressly includes French territory; or
(B) A natural person:
(I) of French nationality; (or),
(II) of foreign nationality who are domiciled in France; (or),
(III) who own a trademark registered with the National Intellectual
Property Institute or own a registered EU or international trademark which
expressly includes French territory.
(ii) Administrative Contact. Each registrant must designate an
administrative contact to act as a coordinator between the registrant and
the Registry. In the case of .fr registrations, the administrative contact
must be based in France where it can receive legal and other documents.
(iii) Registry Policies. You agree to be bound by the Registry's Naming
Charter, its registration rules for .fr. English language translations of
the Registry's documents are provided for convenience. The Registry
documents may be found at:
www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) 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 by the Registry or any court of law.
The current .fr dispute resolution policy and procedures can be found at
http://www.afnic.fr/doc/ref/juridique/parl. 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 specified by the
Registry or any court of law.
(g) .nl Domains. In the case of a ".nl" registration, the following
terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl domain name is
unrestricted save and except that applicants who are not based in the
Netherlands or who do not have a registered address in the Netherlands must
provide an address in the Netherlands where written documents can be sent
to the applicant and where legal summonses can be served.
(ii) Registry Policies. You agree to be bound by the policies of the
Registry including but not limited to the Registry's Registration
Regulations. English language translations of the Registry's documents are
provided for convenience and may be found at
www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations.
(iii) 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 by the Registry or any court of law. The current .nl dispute
resolution policy and procedures can be found at
www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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 specified by the Registry or any court of law.
(h) .tv Domains. In the case of a ".tv" registration, the following
terms and conditions will apply:
(i) 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.icann.org/dndr/udrp/policy.htm. Please take the time to
familiarize yourself with this policy.
(ii) Policy . You agree that your registration of the .tv domain name shall
be subject to suspension, cancellation, or transfer pursuant to any 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. You
acknowledge that you have reviewed the .tv General Terms of Service which
may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly
agree to the terms outlined therein.
(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk Domains. In the
case of a co.uk, .org.uk, ltd.uk, net.uk, plc.uk or me.uk registration, the
following terms and conditions will apply:
(i) "Nominet UK" means the entity granted the exclusive right to administer
the registry for .uk domain name registrations.
(ii) 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.nic.uk/DisputeResolution/DrsPolicy/. Please take the time to
familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to
any Nominet UK-adopted policy, term or condition, or pursuant to any
registrar or registry procedure not inconsistent with an Nominet UK-adopted
policy, (1) to correct mistakes by a registrar or the registry in
registering the name, or (2) for the resolution of disputes concerning the
domain name. The current Nominet UK terms and conditions can be found at:
http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
When you submit a request for a domain name registration with Tucows and/or
Reseller, you will be entering into two contracts - one contract with
Tucows and/or Reseller and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf by submitting
your application to Nominet for you, however, you will still be entering
into a direct contract between you and Nominet UK. This is a separate
contract from this agreement; may be found at
http://resellers.tucows.com/contracts/uk/ukterms. Tucows and Reseller
must also make you aware that by accepting Nominet's terms and conditions
you are consenting to Nominet using your personal data for a variety of
reasons. In particular, your name and address may be published as part of
Nominet's WHOIS look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with Nominet UK policies
and procedures..
(j) .us Domains. In the case of a ".us" registration, the following
terms and conditions will apply:
(i) "DOC" means the United States of America Department of Commerce.
(ii) 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.
(iii) Selection of a Domain Name. You certify and represent that:
(A) 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 (ii) hereinabove;
(B) The listed name servers are located within the United States;
(C) 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;
(D) 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;
(E) That the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever;
(F) You have the authority to enter into this Registration Agreement.
(iv) 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.
(A) 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:
(B) 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.
(C) 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, (ii) where Tucows is
located, and (iii) the United States.
(v) 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.
(vi) Indemnity. The DOC shall be added to the parties you have agreed to
indemnify in Section 13 hereinabove.
(vii) 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:
(A) 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);
(B) The domain name being registered;
(C) 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;
(D) The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name;
(E) 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
Reseller.
(viii) Disclosure and Use of the 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
Reseller.
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.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT
RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT.
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