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
WorldPost Technologies, Inc. (WorldPost.com), 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. The current
version of the Dispute Policy may be found at http://resellers.tucows.com/opensrs/legal.
Please take the time to familiarize yourself with this policy. In addition, 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
(C) DENIC direct pricelist
http://www.denic.de/en/preisliste.html
11.3. German:
(D) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(E) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(F) DENIC-Preisliste
http://www.denic.de/de/preisliste.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.