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gTLD Registration Agreement
1. AGREEMENT. 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 __________________, the Registration Service Provider ("RSP").
This Agreement explains our obligations to you, and explains your obligations to
us for various Services.
2. 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.
3. FEES. 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.
4. TERM. 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.
5. 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 agreed 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.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier and Password that you
selected when you opened your account with us. 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.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you agree
to be bound by the Dispute 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.
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 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.
9. ICANN POLICY. 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.
10. AGENCY. 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).
11. ANNOUNCEMENTS. 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.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your
exclusive remedy, with respect to any Services(s) provided under this Agreement
and any breach of this Agreement is solely limited to the amount you paid for such
Service(s). 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.
13. INDEMNITY. 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.
14. 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.
15. BREACH. You agree that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy provided by us, may be considered
by us to be a material breach and that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then we may delete the registration
or reservation of your domain name. Any such breach by you shall not be deemed to
be excused simply because we did not act earlier in response to that, or any other
breach by you.
16. NO GUARANTY. You 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.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on an "as is,"
"as available" basis. We expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the results that
may be obtained from the use of the Service(s) or as to the accuracy or reliability
of any information obtained through the Service or that defects in the Service will
be corrected. You understand and agree that any material and/or data downloaded
or otherwise obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through
the Service or any transactions entered into through the Service. No advice or information,
whether oral or written, obtained by you from us or through the Service shall create
any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required to
provide us certain information and to update us promptly as such information changes
such that our records are current, complete and accurate. You are obliged to provide
us the following information:
i) Your name and postal address (or, if different, that of the domain name holder);
ii) The domain name being registered iii) The name, postal address, e-mail address,
and voice and fax (if available) telephone numbers of the administrative contact
for the domain name. iv) The name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the billing contact for the domain name.
Any other information which we request from you at registration is voluntary. Any
voluntary information we request is collected such that we can continue to improve
the products and services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available to
ICANN, to the registry administrators, and to other third parties as 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.
20. REVOCATION. Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update information provided to us, or your failure
to respond for over fifteen 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.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or register you for other Services
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.
22. SEVERABILITY. You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy
shall be construed as creating any agency, partnership, or other form of joint enterprise
between the parties.
24. NON-WAIVER. Our failure to require performance by you of any provision
hereof shall not affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken or held
to be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via 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 [Insert E-mail Address for RSP ] 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 - [Insert RSP address] and in the case of notification to you shall be to the
address specified in the "Administrative Contact" in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules and policies published
by us and the Dispute Policy are the complete and exclusive agreement between you
and us regarding our Services. This Agreement and the Dispute Policy supersede all
prior agreements and understandings, whether established by custom, practice, policy
or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS
OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS.
ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to enter into this Agreement.
29. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT.,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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