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 SelectNet Internet Services("RSP"). This Agreement
explains our obligations to you, and explains your obligations to us for the
Services.
SELECTION OF A DOMAIN NAME:
You represent that, to the
best of the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used infringes
upon the legal rights of a third party and, further, that the domain name is
not being registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever.
FEES:
As consideration for the Services , you
agree to pay the RSP the applicable service(s) fees. All fees payable hereunder are non-refundable. As further
consideration for the Services, you agree to: (1) provide certain current,
complete and accurate information about you as required by the registration
process and (2) maintain and update this information as needed to keep it
current, complete and accurate. All
such information shall be referred to as account information ("Account
Information"). By submitting this
Agreement, you represent that the Account Information and all other statements
put forth in your application are true, complete and accurate. Both Tucows and the Registry reserve the
right to terminate your domain name registration if: (i) information provided
by you or your agent is false, inaccurate, incomplete, unreliable, misleading
or otherwise secretive; or (ii) you have failed to maintain, update and keep
your Account Information true, current, complete, accurate and reliable. You acknowledge that a violation of this
Section 3 will constitute a material breach of this agreement which will
entitle either us or the Registry to terminate this agreement immediately
without any refund and without notice to you.
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 either we or
the Registry may: (1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement. You agree to be bound by
any such revision or change will which shall be effective immediately upon
posting on our web site or upon notification to you by e-mail or your country's
postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted
on our web site periodically to maintain an awareness of any and all such
revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail or postal service pursuant to the Notices
section of this Agreement. Notice of your
termination shall be effective after processing by us. You agree that, by continuing the use of
Services following notice of any revision to this Agreement or change in
service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the
Registry dispute policy ("Dispute Policy") as presently written and posted on
http://www.enic.cc/policies/dispute.html and as shall be amended from time to
time. You acknowledge that if you do
not agree to any such modifications, you may request that your domain name be
deleted from the domain name database.
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.enic.cc/policies/dispute.html. Please take the time to familiarize yourself
with this policy.
DOMAIN NAME DISPUTES:
You agree that, if the
registration or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the Dispute Policy. You agree that in the event a domain name
dispute arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy. You acknowledge that neither we nor the
Registry screen or otherwise review your domain name application to verify that
you have the legal right to use a particular word or term. You are strongly encouraged to perform a
trademark search with respect to the words and/or phrases comprising your
domain name prior to applying for registration of the domain. You agree that you will be solely liable in
the event that your use of a domain constitutes an infringement or other
violation of a third party's rights.
POLICY:
You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer pursuant
to a Tucows, Registry, regulatory or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a Tucows, Registry,
regulatory or government-adopted policy, (1) to correct mistakes by us or the
Registry in registering the name, or (2) for the resolution of disputes concerning
the domain name. You acknowledge and
understand that by accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry website at http://www.enic.cc. You are responsible for monitoring the Registry's site on a
regular basis. In the event that you do
not wish to be bound by a revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration by following the
appropriate Registry policy regarding such cancellation.
AGENCY:
Should you intend to license use of a domain
name to a third party you shall nonetheless be the domain name holder of record
and are therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that arise
in connection with the domain name. You
shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice
of the terms and conditions in this Agreement to any third party licensee and
that the third party agrees to the terms hereof.
ANNOUNCEMENTS:
We reserve the right to
distribute information to you that is pertinent to the quality or operation of
our services and those of our service partners. These announcements will be predominately informative in nature
and may include notices describing changes, upgrades, new products or other
information to add security or to enhance your identity on the Internet.
LIMITATION OF LIABILITY:
You agree that our entire
liability, and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited to the
amount you paid for such Service(s).
Neither we nor our contractors or third party beneficiaries, including
but not limited to Verisign, Inc. and eNic Corporation, shall be liable for any
direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law.
We disclaim any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or
liability resulting from the unauthorized use or misuse of your account
identifier or password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the interruption of your
Service. You agree that we will not be liable for any loss of registration and
use of your domain name, or for interruption of business, or any indirect,
special, incidental, or consequential damages of any kind (including lost
profits) regardless of the form of action whether in contract, tort (including
negligence), or otherwise, even if we have been advised of the possibility of
such damages.
INDEMNITY:
You agree to release,
indemnify, and hold us, our contractors, agents, employees, officers,
directors, affiliates and third party beneficiaries, including but not limited
to Verisign, Inc. and eNic Corporation, harmless from all liabilities, claims
and expenses, including attorney's fees, of third parties relating to or
arising under this Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by you, or someone else
using the Service of any intellectual property or other proprietary right of
any person or entity, or from the violation of any of our operating rules or
policy relating to the Service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. When we are
threatened with suit by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide those
assurances shall be a breach of your Agreement and may result in deactivation
of your domain name.
SCOPE OF REGISTRATION:
You will be
entitled to exclusive use of the domain name during the term of the
registration. Notwithstanding the
foregoing, you shall not use, display, exploit or register a domain name which
action may constitute illegal activity or be in contravention or violation of a
Tucows or Registry policy. You
acknowledge that a breach of this clause will constitute a material breach of
this agreement which will entitle either Tucows or the Registry to terminate
this agreement immediately upon such breach without any refund. In addition, both we and/or the Registry
may, in our sole discretion, refuse registration of your desired domain name
within thirty (30) calendar days from receipt of payment. Neither Tucows nor the Registry shall be
liable for any loss, damage or other injury whatsoever resulting from any
refusal to register your desired domain name.
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.
BREACH:
You agree that failure to abide by any
provision of this Agreement, any operating rule or policy or the Dispute
Policy, may be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within fifteen (15) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably satisfactory to us, that you
have not breached your obligations under the Agreement, then we may delete the
registration or reservation of your domain name. Any such breach by you shall
not be deemed to be excused simply because we did not act earlier in response
to that, or any other breach by you.
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 either we
and/or the Registry may make directly available to third parties or publicly
available, some or all, of the Account Information for inspection through our
WHOIS service and for any other purposes as may be required or permitted by
applicable laws or policies. You hereby
irrevocably waive and release Tucows and/or the Registry from any and all
claims and causes of action you may have arising from any disclosure, use, or
unauthorized access of your Account Information.
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, 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.
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 Policy 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. E.S.T., 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 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 ontarioand you irrevocably consent to the
jurisdiction of such courts .
INFANCY:
You attest that you are of
legal age to enter into this Agreement.
FORCE MAJEURE:
You acknowledge and agree
that neither we nor the Registry shall be responsible for any failure or delay
in performing our respective obligations hereunder arising from any cause
beyond our reasonable control, including but not limited to, acts of God, acts
of civil or military authority, fires, wars, riots, earthquakes, storms,
typhoons and floods.
FOREIGN LANGUAGE; Controlling Language:
In
the event that you are reading this agreement in a language other than the
English language, you acknowledge and agree that the English language version
hereof shall prevail in case of inconsistency or contradiction in
interpretation or translation.
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.Back up to the top
