In this Registration Agreement ("Agreement") "you" and "your" refer to
each customer, "we", us" and "our" refer to Tucows.com Inc. and "Services" refers to the domain
name registration provided by us as offered through SelectNet Internet Services, the Registration
Service Provider ("RSP"). This Agreement explains our obligations to you, and explains your
obligations to us for various Services.
SELECTION OF A DOMAIN NAME:
You represent that, to the best of the your knowledge and belief, neither
the registration of the SLD name nor the manner in which it is directly or indirectly used
infringes the legal rights of a third party and that the Domain Name is not being registered
for any unlawful purpose.
As consideration for the services you have selected, you agree to pay
to us, or your respective RSP who remits payment to us on your behalf, the applicable service(s)
fees. All fees payable hereunder are non-refundable. As further consideration for the Services,
you agree to: (1) provide certain current, complete and accurate information about you as required
by the registration process and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred to as account information
("Account Information"). You, by completing and submitting this Agreement represent that the
statements in your application are true.
You agree that the Registration Agreement will remain in full force
during the length of the term of your Domain Name Registration. Should you choose to renew
or otherwise lengthen the term of your Domain Name Registration, then the term of this Registration
Agreement will be extended accordingly. This Agreement will remain in full force during the
length of the term of your Domain Name Registration as selected, recorded, and paid for upon
registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of
your Domain Name Registration, then the term of this Registration Agreement will be extended
accordingly. Should you transfer your domain name or should the domain name otherwise be
transferred due to another Registrar, the terms and conditions of this contract shall cease
and shall be replaced by the contractual terms in force for the purpose of registering domain
names then in force between SLD holders and the new Registrar.
MODIFICATIONS TO AGREEMENT:
You agree, during the period of this Agreement, that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the services provided under this
Agreement. Any such revision or change will be binding and effective immediately on posting
of the revised Agreement or change to the service(s) on our web site, or on notification to
you by e-mail or regular mail as per the Notices section of this agreement. You agree to
review our web site, including the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you may terminate this Agreement
at any time by providing us with notice by e-mail or regular mail as per the Notices section
of this agreement. Notice of your termination will be effective on receipt and processing by us.
You agree that, by continuing to use the Services following notice of any revision to this
Agreement or change in service(s), you shall abide by any such revisions or changes. You
further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as
amended from time to time. You agree that, by maintaining the reservation or registration
of your domain name after modifications to the Dispute Policy become effective, you have a
greed to these modifications. You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain name database.
MODIFICATIONS TO YOUR ACCOUNT:
In order to change any of your account information with us, you must
use your Account Identifier and Password that you selected when you opened your account with
us. Please safeguard your Account Identifier and Password from any unauthorized use. In no
event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name through us, or transferred
a domain name to us from another registrar, you agree to be bound by the Dispute Policy which
is incorporated herein and made a part of this Agreement by reference. The current version of
the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please take the
time to familiarize yourself with this policy.
DOMAIN NAME DISPUTES:
You agree that, if the registration or reservation of your domain name
is challenged by a third party, you will be subject to the provisions specified in the Dispute
Policy in effect at the time of the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. For any dispute, you agree to submit to the
jurisdiction of the courts of The Province of Ontario.
You agree that your registration of the SLD name shall be subject to
suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct
mistakes by Registrar or the Registry in registering the name or (2) for the resolution of
disputes concerning the SLD name.
Should you intend to license use of a domain name to a third party you
shall nonetheless be the SLD holder of record and are therefore responsible for providing your
own full contact information and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any problems that arise in
connection with the SLD. You shall accept liability for harm caused by wrongful use of the SLD,
unless you promptly disclose the identity of the licensee to the party providing you reasonable
evidence of actionable harm. You also represent that you have provided notice of the terms and
conditions in this Agreement to the third party and that the third party agrees to the terms of
Disclosure and Use of Registration Information (sections 18 and 19 of this Agreement).
We and the RSP reserve the right to distribute information to you that is
pertinent to the quality or operation of our services and those of our service partners. These
announcements will be predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security or to enhance your identity
on the Internet.
LIMITATION OF LIABILITY:
You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach of this Agreement is
solely limited to the amount you paid for such Service(s). We and our contractors shall not be
liable for any direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability resulting from, but not limited
to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your
account identifier or password; (5) loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s) provided under this Agreement; (6)
loss or liability resulting from the interruption of your Service. You agree that we will
not be liable for any loss of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been advised of the possibility of
such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities, claims and expenses,
including without limitation Network Solutions, Inc., and the directors, officers, employees
and agents of each of them, including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using the Service with your computer,
of any intellectual property or other proprietary right of any person or entity, or from the
violation of any of our operating rules or policy relating to the service(s) provided. You
also agree to release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with suit by a third party, we may
seek written assurances from you concerning your promise to indemnify us; your failure to
provide those assurances may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
TRANSFER OF OWNERSHIP:
The person named as administrative contact at the time the controlling
user name and password are secured shall be the owner of the domain name. You agree that prior
to transferring ownership of your domain name to another person (the Transferee") you shall
require the Transferee to agree, in writing to be bound by all the terms and conditions of
this Agreement. Your domain name will not be transferred until we receive such written
assurances or other reasonable assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by us in our sole discretion)
along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
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.
You agree that, by registration or reservation of your chosen domain
name, such registration or reservation does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
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.
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
i) Your name and postal address (or, if different, that of the domain
name holder); ii) The domain name being registered iii) The name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the administrative contact
for the domain name. iv) The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the domain name. Any other
information which we request from you at registration is voluntary. Any voluntary information
we request is collected such that we can continue to improve the products and services
offered to you through your RSP.
DISCLOSURE AND USE OF REGISTRATION INFORMATION:
You agree and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry administrators, and to other third
parties as ICANN and applicable laws may require or permit. You further agree and acknowledge
that we may make publicly available, or directly available to third party vendors, some, or
all, of the domain name registration information you provide, for purposes of inspection
(such as through our WHOIS service) or other purposes as required or permitted by ICANN
and the applicable laws.
You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of, information provided by you in
connection with the registration of a domain name (including any updates to such information),
whether during or after the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from such disclosure or
use of your domain name registration information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your RSP.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or
destruction of that information.
Your wilful provision of inaccurate or unreliable information, your
wilful failure promptly to update information provided to us, or your failure to respond
for over fifteen calendar days to inquiries by us concerning the accuracy of contact
details associated with the your registration shall constitute a material breach of this
Agreement and be a basis for cancellation of the SLD registration.
RIGHT OF REFUSAL:
We, in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other Services within thirty (30)
calendar days from receipt of your payment for such services. In the event we do not
register or reserve your domain name or register you for other Services, or we delete
your domain name or other Services within such thirty (30) calendar day period, we agree
to refund your applicable fee(s). You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or delete your domain name
or register you for other Services.
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.
Nothing contained in this Agreement or the Dispute Policy shall
be construed as creating any agency, partnership, or other form of joint enterprise
between the parties.
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.
Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via regular mail. In the case of
e-mail, valid notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the case of e-mail notification
to us or to the RSP to lhutz@Tucows.com or email@example.com or, in the case
of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail
communication shall be deemed to have been validly and effectively given on the date of such
communication, if such date is a business day and such delivery was made prior to 4:00 p.m.
EST, otherwise it will be deemed to have been delivered on the next business day. In the case
of regular mail notice, valid notice shall be deemed to have been validly and effectively given
5 business days after the date of mailing and, in the case of notification to us or to the RSP
shall be sent to:
Tucows.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto,
Ontario M6K 3M1 - OR - SelectNet Internet Services, 1902 Wright Place, Suite 200, Carlsbad, CA 92008 and in the case of notification to you shall be
to the address specified in the "Administrative Contact" in your WHOIS record.
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.
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
You attest that you are of legal age to enter into this Agreement.
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
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