Domain Registration Services!
REGISTRATION AGREEMENT
SCHEDULE A
Form of Registration Agreement
1.
AGREEMENT. In this Registration Agreement
("Agreement") "Registrant", "you" and "your" refer
to the registrant of each domain name registration,
"we", "us" and "our" refer to TUCOWS Inc.,
"Registry Operator" refers to NeuStar Inc., "DOC"
refers to the United States of America Department
of Commerce, and "Services" refers to the domain
name registration provided by us as offered through
__________________ ("RSP"). This Agreement explains
our obligations to you, and explains your
obligations to us for various Services.
2. .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
3. SELECTION
OF A DOMAIN NAME. You certify and represent that:
- 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 2 hereinabove.
- 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;
- 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;
- that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
- you have the authority to enter into this Registration Agreement.
4.
FEES. As
consideration for the Services you have selected,
you agree to pay the RSP the applicable service(s)
fees. All fees payable hereunder are
non-refundable. As further consideration for the
Services, you agree to: (1) provide certain
current, complete and accurate information about
you as required by the registration process and (2)
maintain and update this information as needed to
keep it current, complete and accurate. All such
information shall be referred to as account
information ("Account Information"). By submitting
this Agreement, you represent that the statements
in your Application are true, complete and
accurate.
5. 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.
6.
MODIFICATIONS TO AGREEMENT. You agree that we may: (1)
revise the terms and conditions of this Agreement;
and (2) change the services provided under this
Agreement. You agree to be bound by any such
revision or change 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 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. We will not refund any fees
paid by you if you terminate your agreement with
us.
7.
MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own
records appropriate to document and prove the
initial registration date of the domain name. 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.
8. 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.
9. 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:
- The Nexus Dispute Policy ("Dispute Policy), available at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements.
- The usTLD Dispute Resolution Policy ("usDRP"). 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,
- where Tucows is located, and
- the United States.
10.
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.
11. AGENCY. Should you
intend to license use of a domain name to a third
party you shall nonetheless be the domain name
holder of record and are therefore responsible for
providing your own full contact information and for
providing and updating accurate technical and
administrative contact information adequate to
facilitate timely resolution of any problems that
arise in connection with the domain name. You shall
accept liability for harm caused by wrongful use of
the domain name. You represent that you have
provided notice of the terms and conditions in this
Agreement to a third party licensee and that the
third party agrees to the terms hereof. You
acknowledge and agree that the domain name has not
been registered solely for the purposes of selling,
trading or leasing for compensation and will be
used for a business or commercial purpose.
12.
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.
13.
LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any
breach of this Agreement is solely limited to the
amount you paid for such Service(s). Neither we nor
our contractors or third party beneficiaries shall
be liable for any direct, indirect, incidental,
special or consequential damages resulting from the
use or inability to use any of the Services or for
the cost of procurement of substitute services.
Because some jurisdictions do not allow the
exclusion or limitation of liability for
consequential or incidental damages, in such
jurisdictions, our liability is limited to the
extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited
to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data
miss-delivery; (3) loss or liability resulting from
acts of God; (4) loss or liability resulting from
the unauthorized use or misuse of your account
identifier or password; (5) loss or liability
resulting from errors, omissions, or misstatements
in any and all information or services(s) provided
under this Agreement; (6) loss or liability
resulting from the interruption of your Service.
You agree that we will not be liable for any loss
of registration and use of your domain name, or for
interruption of business, or any indirect, special,
incidental, or consequential damages of any kind
(including lost profits) regardless of the form of
action whether in contract, tort (including
negligence), or otherwise, even if we have been
advised of the possibility of such damages. In no
event shall our maximum liability exceed five
hundred ($500.00) dollars.
14.
INDEMNITY. You agree to release, indemnify, and
hold us, the Registry Operator, the DOC, our
respective contractors, agents, employees,
officers, directors, affiliates and third party
beneficiaries harmless from all liabilities, claims
and expenses, including attorney's fees, of third
parties relating to or arising under this
Agreement, the Services provided hereunder or your
use of the Services, including without limitation
infringement by you, or someone else using the
Service of any intellectual property or other
proprietary right of any person or entity, or from
the violation of any of our operating rules or
policy relating to the Service(s) provided. You
also agree to release, indemnify and hold us
harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are
threatened with suit by a third party, we may seek
written assurances from you concerning your promise
to indemnify us; your failure to provide those
assurances shall be a breach of your Agreement and
may result in deactivation of your domain name.
This indemnification obligation will survive the
termination or expiration of this agreement.
15. 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 user name and password are secured
shall be deemed to be 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. Your domain name
may 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.
You acknowledge that you will not be entitled to
change registrars during the first sixty (60) days
following the registration of your domain name.
16. BREACH. You agree
that failure to abide by any provision of this
Agreement including but not limited to any failure
to abide by the Nexus Requirements, 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 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.
17. 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.
18.
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. If you license
use of the domain name, you nonetheless agree that
you shall accept any and all liability for any harm
caused by said licensed use and suffered by Tucows,
the Registry Operator and/or the DOC. 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.
19.
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:
- 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);
- The domain name being registered;
- 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;
- The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;
- 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 RSP.
20. DISCLOSURE
AND USE OF 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 RSP. We will not process data
about any identified or identifiable natural person
that we obtain from you in a way incompatible with
the purposes and other limitations which we
describe in this Agreement. We will take reasonable
precautions to protect the information we obtain
from you from our loss, misuse, unauthorized
accessor disclosure, alteration or destruction of
that information.
21.
REVOCATION. 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 the DOC or Registry Operator
policy.
22. RIGHT OF
REFUSAL. We, and/or Registry Operator, in our sole
discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you
for other Services. In the event we do not register
or reserve your domain name or register you for
other Services, or we delete your domain name or
other Services within such thirty (30) calendar day
period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for
loss or damages that may result from our refusal to
register, reserve, or delete your domain name or
register you for other Services. We reserve the
right to delete or transfer your domain name
following registration if we believe the
registration has been made possible by a mistake,
made either by us or by a third party. We also
reserve the right to suspend a domain name during
resolution of a dispute.
23.
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. 24. NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policies shall be
construed as creating any agency, partnership, or
other form of joint enterprise between the
parties.
25.
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.
26. 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 be given when an electronic
confirmation of delivery has been obtained by the
sender. In the case of e-mail, notifications must
be sent to us at lhutz@tucows.com, or in the case of
notification to you, to the e-mail address provided
by you in your WHOIS record. Any e-mail
communication shall be deemed to have been validly
and effectively given on the date of such
communication, if such date is a business day and
such delivery was made prior to 4:00 p.m. EST,
otherwise it will be deemed to have been delivered
on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have
been validly and effectively given 5 business days
after the date of mailing and, in the case of
notification to us or to RSP shall be sent
to:
Our
address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
CANADA
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
27.
ENTIRETY. You agree that this Agreement, the rules and
policies published by Tucows, the DOC and/or the
Registry Operator 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.
28.
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.
29.
INFANCY. You attest that you are of legal age to enter into
this Agreement.
30.
ACCEPTANCE OF AGREEMENT.
