1.
AGREEMENT.
In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant
of each domain name registration, "we",
“us" and "our" refer to TUCOWS Inc. and
“Services” refers to the domain name registration
provided by us as offered through FullDNS.com
(“RSP”).
This Agreement explains our obligations
to you, and explains your obligations
to us for various Services. If you
are registering your name during the finite
period of time when owners of trademarks
and service marks issued prior to October
2, 2000 and having national effect will
have the exclusive opportunity to register
identical domain names (“Sunrise Period”),
you agree to comply with the procedures,
terms and obligations. You acknowledge
and agree that registrations for domain
names during the Sunrise Period will only
be accepted for a minimum registration
term of five (5) years.
2.
SELECTION OF A DOMAIN NAME.
You represent that, to the best of the
your knowledge and belief, neither this
registration of a domain name nor the
manner in which it is directly or indirectly
to be used infringes upon the legal rights
of a third party and, further, that the
domain name is not being registered for
nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever.
3.
FEES.
As consideration for the Services you
have selected, you agree to pay the RSP
the applicable service 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.
4.
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.
5.
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 will
which shall be effective immediately upon
posting on our web site or upon notification
to you by e-mail or your country’s postal
service pursuant to the Notices section
of this Agreement. You agree to
review this Agreement as posted on our
web site periodically to maintain an awareness
of any and all such revisions. If
you do not agree with any revision to
the Agreement, you may terminate this
Agreement at any time by providing us
with notice by e-mail or postal service
pursuant to the Notices section of this
Agreement. Notice of your termination
shall be effective after processing by
us. You agree that, by continuing
the use of Services following notice of
any revision to this Agreement or change
in service(s), you shall be bound by any
such revisions and changes. If you
have registered your name during the Sunrise
Period, you agree to be bound by the Sunrise
Dispute Resolution Policy (“Sunrise Dispute
Policy”) found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN
Uniform Dispute Resolution Policy (“Dispute
Policy”) as presently written and posted
on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time.
You acknowledge that if you do not agree
to any such modifications, you may request
that your domain name be deleted from
the domain name database.
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. 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.
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 Policies
that are incorporated herein and made
a part of this Agreement by reference.
The current version of the general registration
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 Sunrise
Dispute Policy or the Dispute Policy,
as applicable. 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 Sunrise
Dispute Policy or Dispute Policy, as applicable.
9.
POLICY.
You agree that your registration of the
domain name shall be subject to suspension,
cancellation, or transfer pursuant to
a Tucows, Registry Operator, ICANN or
government-adopted policy, or pursuant
to any registrar or registry procedure
not inconsistent with a Tucows, Registry
Operator, ICANN or government-adopted
policy, (1) to correct mistakes by us
or the Registry in registering the name
or (2) for the resolution of disputes
concerning the domain name.
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 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.
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 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.
13.
INDEMNITY.
You agree to release, indemnify, and hold
us, our 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.
14.
TRANSFER OF OWNERSHIP.
The person named as registrant at the
time the user name and password are secured
shall be the owner of the domain name.
You agree that prior to transferring ownership
of your domain name to another person
(the Transferee") you shall require the
Transferee to agree in writing to be bound
by all the terms and conditions of this
Agreement. Your domain name will not be
transferred until we receive such written
assurances or other reasonable assurance
that the Transferee has been bound by
the contractual terms of this Agreement
(such reasonable assurance as determined
by us in our sole discretion) along with
the applicable transfer fee. If the Transferee
fails to be bound in a reasonable fashion
(as determine by us in our sole discretion)
to the terms and conditions in this Agreement,
any such transfer will be null and void.
You acknowledge that you will not be entitled
to change registrars during the first
sixty (60) days following the registration
of your domain name.
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 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.
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
for the purpose of improving 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 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.
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.
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 (15) calendar days to inquiries
by us concerning the accuracy of contact
details associated with the your registration
shall constitute a material breach of
this Agreement and be a basis for cancellation
of the domain name registration.
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. In the event
we do not register or reserve your domain
name or register you for other Services,
or we delete your domain name or other
Services within such thirty (30) calendar
day period, we agree to refund your applicable
fee(s). You agree that we shall
not be liable to you for loss or damages
that may result from our refusal to register,
reserve, or delete your domain name or
register you for other Services.
We
reserve the right to delete or transfer
your domain name within a thirty (30)
day period following registration if we
believe the registration has been made
possible by a mistake, made either by
us or by a third party. We also
reserve the right to suspend a domain
name during resolution of any dispute.
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 Policies 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 postal service. In the case
of e-mail, valid notice shall only have
been deemed to have been given when an
electronic confirmation of delivery has
been obtained by the sender. In
the case of e-mail, notifications must
be sent to us at lhutz@tucows.com,
or in the case of notification to you,
to the e-mail address provided by you
in your WHOIS record. Any e-mail
communication shall be deemed to have
been validly and effectively given on
the date of such communication, if such
date is a business day and such delivery
was made prior to 4:00 p.m. 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:
TUCOWS
Inc.
96
Mowat Avenue
Toronto,
Ontario
M6K
3M1
Attention:
Legal Affairs
-or-
FullDNS.com
655 Wellingborough Ct.
Alpharetta, GA, 30005
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.