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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
_____________________________________, 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. During the period
following registration of a domain name and the appointment of
active name servers, we may post a stagnant web page and any
revenues generated from same shall be for our own account.
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. All amendments to this
Agreement will be posted on our website. 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, whether used by yourself, licensed to a third party or
pursuant to the Whois Privacy Service, 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. RENEWALS AND FORFEITURE. Domain names are registered
for a finite period of time. You will receive reminders
immediately prior to the expiration of your registration
inviting you to renew your domain name. In the event that you
fail to renew your domain name in a timely fashion, your
registration will expire and we may, at our discretion, elect to
assume the registration and may hold it for our own account,
delete it or we may sell it to a third party. You acknowledge
and agree that your right and interest in a domain name ceases
upon its expiration and that any expired domain name may be made
available for registration by a third party.
If you fail to renew your registration, your domain name may
cease to resolve and visitors to your site may be redirected to
a default page informing them that the site is no longer in
service. This parked or default page may feature advertisements
posted by us for our own account.
If we have elected to renew the registration, you will be
entitled to a grace period during which you may re-register the
domain name from us. Additional costs may apply. During this
grace period, we may post a parked page and/or may revise the
“Whois” registration records to include either our information
or that of your Reseller. The domain name may also be listed for
auction. If the name is sold during any such auction, it will be
acquired by a third party on a provisional basis and will remain
available for re-registration by you during our stated grace
period. If you do not re-register the domain name during the
grace period, the auction sale will be concluded and you will
receive a share of the proceeds received from the new
registrant. Tucows will send an email to the last address you
have provided advising you of the sale and your interest in
same. At present, we agree to pay you forty (40) per cent of the
net proceeds of any such auction. You will have one (1) year
following the issue of the email to claim your share of the
proceeds. Any amounts not claimed within one (1) year will be
deemed to have been abandoned by you and will be deposited by us
for our own account.
If you fail to renew your domain name registration during the
grace period, you acknowledge that you have abandoned the domain
name and that it is available for sale and registration by any
third party.
16. 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.
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:
| (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.
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, 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. |
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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
authority, are the complete and exclusive agreement between you
and us regarding our Services.
26. 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.
27. INFANCY. You attest that you are of legal age to
enter into this Agreement.
28. 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.
29. 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
30. 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.
31. 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; |
| (ii) |
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, and (2) where Tucows is located, presently
Toronto, Ontario. |
|
| (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 Dom ain 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; |
| (ii) |
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, and (2) where Tucows is located, presently
Toronto, Ontario. |
|
| (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) |
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, and (2) where Tucows is located, presently
Toronto, Ontario; |
| (iv) |
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: |
| |
|
| |
(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. |
| (vii) |
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, and (2) where Tucows is located, presently
Toronto, Ontario. |
|
| (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. 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. |
| |
|
| (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. |
| (xi) |
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, and (2) where Tucows is located, presently
Toronto, Ontario. |
|
32. ccTLD’S
| (a) |
.at Domains. In the case of a
“.at” registration, the following terms and conditions
will 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.nic.at/en/service/legal_information/terms_conditions/.
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. |
|
| (b) |
.be Domains. In the case of a
“.be” registration, the following terms and conditions
will 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.dns.be/en/home.php?n=51. 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
.be 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.dns.be/en/home.php?n=53. |
|
| (c) |
.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; |
|
| (d) |
.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.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
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.
|
|
| (e) |
.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.
|
|
| (f) |
.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: |
| |
|
| |
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. |
|
| (g) |
.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;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: |
| |
|
|
| (h) |
.eu domains. In the case of a
“.eu” registration, the following terms and conditions
will apply: |
| |
| (i) |
Eligibility Criteria. .eu 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) |
an undertaking having
its registered office, central
administration or principal place of
business within the European Community;
|
| (B) |
an organization
established within the European
Community without prejudice to the
application of national law, or |
| (C) |
a natural person
resident within the European Community.
|
|
| (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.
Registration policies of the Registry and the
terms and conditions applicable to your .eu
registration may be found at:
http://www.eurid.eu/en/general/launch. 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. |
| (iii) |
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. |
| (iv) |
Sunrise and General
Pre-registration Applications. You acknowledge
that the submission of a “Sunrise” or a “General
Pre-registration Application” does not ensure
the registration of the domain name. In the
event that your application does not result in a
domain name registration, a portion of the
registration fee shall be refunded after the
deduction of a handling fee, which fee shall be
subject to change based on fluctuations in the
exchange rates of the US dollar and Euro. You
agree that your sunrise application shall be
subject to the pre-registration policies found
at:
http://www.eurid.eu/en/general/launch. |
|
| (i) |
.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. |
|
| (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. |
|
| (j) |
.it Domains. In the case
of a “it” registration, the following terms and
conditions shall apply: |
| |
| (i) |
Registration Criteria.
Registration of an .it name is
restricted to subjects belonging to a
member state of the European Union.
Individuals and associations operating
without a VAT number or a fiscal code
are limited to a single domain name
registration. |
| (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.it/NA/regole-naming-curr-engl.txt.
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.
Additional policies, including transfer
procedures and “netiquette” rules may be
found at
http://www.nic.it/NA/index-engl.html. |
|
| (k) |
.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:
http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
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
http://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.
|
|
| (l) |
.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.
|
|
| (m) |
.uk Domains. In the case
of a .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.nominet.org.uk/disputes/drs/policy/.
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/registrants/legal/terms/.
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. |
|
| (n) |
.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;
|
| (E) |
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. |
| (v) |
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 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. |
| (B) |
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. |
| (C) |
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. |
|
| (vi) |
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.
|
| (vii) |
Indemnity. The DOC shall
be added to the parties you have agreed
to indemnify in Section 13 hereinabove. |
| (viii) |
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;
|
|
| (ix) |
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. |
| (x) |
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.
|
33. WHOIS PRIVACY SERVICE. The following terms
and conditions will apply if you subscribe to the Whois
Privacy Service:
| (a) |
Subscribers to the Whois Privacy
Service have elected to include the following
information in the publicly available Whois
Registry: |
| |
| (i) |
Contactprivacy.com shall
appear as the Registrant and Contacts
name(s); |
| (ii) |
Tucows’ postal address
and a Tucows assigned email address and
telephone number shall appear on behalf
of the Registrant and the Contact(s);
|
| (iii) |
The primary and
secondary nameservers shall be those
designated by the Registrant; |
| (iv) |
The original date of
registration and the expiration of each
domain name; |
| (v) |
Tucows will be
identified as the registrar of record. |
|
| (b) |
You understand and agree that
the Registrant and Contact Information that you
have provided will be kept on file. You further
agree and warrant that you will ensure that the
Whois Information is true, accurate and up to
date. |
| (c) |
You will will retain complete
control over the domain name and its
registration records and may suspend and
reinstate the Whois Privacy Service at your
discretion. |
| (d) |
The Whois Privacy Service may be
used with both new and existing domain name
registrations. You may use the Whois Privacy
Service with respect to a domain name that has
been transferred but it will only commence after
the transfer has been completed. If you wish to
transfer the domain name to a different
registrar,the Whois Privacy Service must be
disabled in order to initiate the transfer. |
| (e) |
We will send all obligatory
renewal and transfer related messages to the
Contacts you have designated. |
| (f) |
Communications Forwarding.
Communications received with respect to a
particular domain name registration will be
handled as follows: |
| |
| (i) |
We will forward to you
or a Contact all correspondence received
by registered mail or traceable courier.
This information may be opened, scanned
and emailed to you or your Contact..
Regular postal mail will be discarded or
returned to sender at our discretion.
|
| (ii) |
Email correspondence
will be forwarded according to the
instructions of the Registrant as they
appear in our records. |
| (iii) |
A voice mail message
will advise all callers that inbound
messages will not be accepted; calls
will be directed to the
contactprivacy.com web site where
written messages will be forwarded
according to your instructions.
|
| (iv) |
We will only be
responsible for forwarding
communications where our details have
appeared in the whois and when your
Whois Information is accurate, complete
and up to date. |
|
| (g) |
Right to Suspend and Disable. We
shall have the right, at our sole discretion and
without liability to you or any of your
Contacts, suspend or cancel your domain name and
to reveal Registrant and Contact Whois
Information in certain circumstances, including
but not limited to the following: |
| |
| (i) |
when required by law; |
| (ii) |
in the good faith belief
that disclosure is necessary to further
determination of an alleged breach of a
law; |
| (iii) |
to comply with a legal
process served upon Tucows; |
| (iv) |
to resolve any and all
third party claims including but not
limited to ICANN’s or a Registry’s
dispute resolution policy; |
| (v) |
to avoid financial loss
or legal liability |
| (v) |
to avoid financial loss
or legal liability |
| (vi) |
if we believe that you
or one of your Contacts is using the
Whois Privacy Service to conceal
involvement with illegal, illicit,
objectionable or harmful activities; or
|
| (vii) |
to transmit SPAM,
viruses, worms or other harmful computer
programs. |
|
| |
