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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 appHosting.com
Pty Limited (trading as Web Hosting Solutions), 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. |
|
| (h) |
You understand and agree that, in the event that
we receive a formal complaint, notice of claim or UDRP, that
we will have the right to disable the Whois Privacy Service pending
final disposition of the matter |
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 AGREEME
|
| |
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