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