.INFO REGISTRATION AGREEMENT
- AGREEMENT. In this Registration
Agreement ("Agreement") "you" and "your" refer to
the registrant of each domain name registration, "we", "us" and
"our" refer to TUCOWS Inc. and "Services" refers to the domain name
registration provided by us as offered through SelectNet Internet Services("RSP"). This Agreement
explains our obligations to
you, and explains your obligations to us for various Services. If you are registering
your name during the
finite period of time when owners of trademarks and service marks issued prior
to October 2, 2000 and having national effect will have the exclusive
opportunity to register identical domain names ("Sunrise Period"), you agree to
comply with the procedures, terms and obligations. You acknowledge and agree that
registrations for domain names
during the Sunrise Period will only be accepted for a minimum registration term
of five (5) years.
- SELECTION OF A DOMAIN NAME. You represent that,
to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that
the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful
- FEES. As consideration for the Services you have selected, you agree to pay
the RSP the applicable service fees. All fees payable hereunder are non-refundable. As further
consideration for the Services, you agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such information shall be
referred to as account information ("Account Information"). By submitting this Agreement, you
represent that the statements in your Application are true, complete and accurate.
- TERM. This Agreement shall remain in full force during the length of the term
of your domain name registration(s) as selected, recorded, and paid for upon registration of the
domain name. Should you choose to renew or otherwise lengthen the term of your domain name
registration, then the term of this Registration Agreement shall be extended accordingly. Should the
domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.
- MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms and
conditions of this Agreement; and (2) change the services provided under this Agreement. You agree
to be bound by any such revision or change will which shall be effective immediately upon posting on
our web site or upon notification to you by e-mail or your country's postal service pursuant to the
Notices section of this Agreement. You agree to review this Agreement as posted on our web site
periodically to maintain an awareness of any and all such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any time by providing us with notice
by e-mail or postal service pursuant to the Notices section of this Agreement. Notice of your termination
shall be effective after processing by us. You agree that, by continuing the use of Services following
notice of any revision to this Agreement or change in service(s), you shall be bound by any such
revisions and changes. If you have registered your name during the Sunrise Period, you agree to be
bound by the Sunrise Dispute Resolution Policy ("Sunrise Dispute Policy") found at (http://www.afilias.com/faq/sunrise-challenge.html). You
further agree to be bound by the ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as presently
written and posted on http://www.opensrs.org/legal/udrp.shtml and as shall be amended from time to time.
You acknowledge that if you do not agree to any such modifications, you may request that your domain name
be deleted from the domain name database.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your Account Identifier and Password that you selected
when you opened your account with us. You agree to safeguard your Account Identifier and Password
from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
- DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through
us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute
Policies that are incorporated herein and made a part of this Agreement by reference. The current version
of the general registration Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please
take the time to familiarize yourself with this policy.
- DOMAIN NAME DISPUTES. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to the provisions specified
in the Sunrise Dispute Policy or the Dispute Policy, as applicable. You agree that in the event a
domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant
to the terms and conditions contained in the Sunrise Dispute Policy or Dispute Policy, as applicable.
- POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Tucows, Registry Operator, ICANN
or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent
with a Tucows, Registry Operator, ICANN or government-adopted policy, (1) to correct mistakes
by us or the Registry in registering the name or (2) for the resolution of disputes concerning the
- AGENCY. Should you intend to license use of a domain name to a third party
you shall nonetheless be the domain name holder of record and are therefore responsible for
providing your own full contact information and for providing and updating accurate technical
and administrative contact information adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept liability for harm caused by wrongful
use of the domain name. You represent that you have provided notice of the terms and conditions
in this Agreement to a third party licensee and that the third party agrees to the terms hereof.
- 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.
- LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive
remedy, with respect to any Services(s) provided under this Agreement and any breach of this
Agreement is solely limited to the amount you paid for such Service(s). Neither we nor our
contractors or third party beneficiaries shall be liable for any direct, indirect, incidental, special
or consequential damages resulting from the use or inability to use any of the Services or for the
cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and all loss or liability resulting from,
but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss
or liability resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting from
acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account
identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that we will not be liable for any loss of registration
and use of your domain name, or for interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility
of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
- INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors, affiliates and third party beneficiaries harmless from all
liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using the Service of any intellectual
property or other proprietary right of any person or entity, or from the violation of any of our
operating rules or policy relating to the Service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute
Policy. When we are threatened with suit by a third party, we may seek written assurances
from you concerning your promise to indemnify us; your failure to provide those assurances
shall be a breach of your Agreement and may result in deactivation of your domain name.
- TRANSFER OF OWNERSHIP.
The person named as registrant at the time the user name and password are secured shall be
the owner of the domain name. You agree that prior to transferring ownership of your domain
name to another person (the Transferee") you shall require the Transferee to agree in writing to
be bound by all the terms and conditions of this Agreement. Your domain name will not be
transferred until we receive such written assurances or other reasonable assurance that the
Transferee has been bound by the contractual terms of this Agreement (such reasonable
assurance as determined by us in our sole discretion) along with the applicable transfer fee.
If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to
the terms and conditions in this Agreement, any such transfer will be null and void. You acknowledge
that you will not be entitled to change registrars during the first sixty (60) days following the registration
of your domain name.
- 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.
- NO GUARANTY. You acknowledge that registration or reservation of your chosen
domain name does not confer immunity from objection to either the registration, reservation, or use
of the domain name.
- 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.
- INFORMATION. As part of the registration process, you are required to provide us
certain information and to update us promptly as such information changes such that our records
are current, complete and accurate. You are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers
of the administrative contact for the domain name;
(iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers
of the billing contact for the domain name.
Any other information, which we request from you at registration, is voluntary. Any voluntary
information we request is collected for the purpose of improving the products and services offered
to you through your RSP.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available to ICANN, to the
registry administrators, and to other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third party vendors, some, or all, of the
domain name registration information you provide, for purposes of inspection (such as through our
WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of information provided by you in
connection with the registration of a domain name (including any updates to such information),
whether during or after the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from such disclosure or use of
your domain name registration information by us.
You may access your domain name registration information in our possession to review, modify or
update such information, by accessing our domain manager service, or similar service, made available
by us through your RSP.
We will not process data about any identified or identifiable natural person that we obtain from you in
a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss,
misuse, unauthorized accessor disclosure, alteration or destruction of that information.
- REVOCATION. Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update information provided to us, or your failure to respond for
over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details
associated with the your registration shall constitute a material breach of this Agreement and
be a basis for cancellation of the domain name registration.
- RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or register you for other Services. In the event
we do not register or reserve your domain name or register you for other Services, or we
delete your domain name or other Services within such thirty (30) calendar day period, we
agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss
or damages that may result from our refusal to register, reserve, or delete your domain name
or register you for other Services.
We reserve the right to delete or transfer your domain name within a thirty (30) day period
following registration if we believe the registration has been made possible by a mistake, made
either by us or by a third party. We also reserve the right to suspend a domain name during resolution
of any dispute.
- SEVERABILITY. You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, that term or provision will be
construed consistent with applicable law as nearly as possible to reflect the original intentions
of the parties, and the remaining terms and provisions will remain in full force and effect.
- NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies
shall be construed as creating any agency, partnership, or other form of joint enterprise
between the parties.
- 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.
- NOTICES. Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via postal service. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic confirmation of delivery
has been obtained by the sender. In the case of e-mail, notifications must be sent to us at
firstname.lastname@example.org, or in the case of notification to you,
to the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be
deemed to have been validly and effectively given on the date of such communication, if such date is
a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to
have been delivered on the next business day. In the case of regular mail notice, valid notice shall be
deemed to have been validly and effectively given 5 business days after the date of mailing and, in the
case of notification to us or to RSP shall be sent to:
96 Mowat Avenue
Attention: Legal Affairs
and in the case of
notification to you shall be to the address specified in the "Administrative
Contact" in your WHOIS record.
- ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive agreement between
you and us regarding our Services. This Agreement and the Dispute Policy supersede all
prior agreements and understandings, whether established by custom, practice, policy or precedent.
- 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.
- INFANCY. You attest that you are of legal age to enter into this
- 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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