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Master Contract 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 Wizard Communication Systems, Inc., 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 AGREEMENT. |
|
