EXHIBIT A
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 _____________________________________, 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.
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. |
|
| (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/. 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. |
