- Definition of terms
- Selection of a domain name
- Fees
- Terms
- Modifications to agreement
- Modifications to your account
- No guaranty
- Domain name disputes
- Policy
- Agency
- Announcements
- Limitation of liability
- Indemnity
- Transfer of ownership
- Breach
- Disclaimer of warranties
- Information (your personal details)
- Disclosure and use of registration
information
- Obligation to maintain WHOIS
- Revocation
- Inconsistencies with registry policies
- Non-waiver
- Notices
- Entirety
- Governing law
- Infancy
- Force Majeure
- Privacy
- Controlling language
- TLDs (.com, .net, .org, .info, .biz,
.name)
- ccTLDs (.us, .cc, .co.uk, etc.)
- Acceptance of agreement
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 Globat, LLC, 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.
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. Only one new domain
registration per week and customer will be accepted.
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. 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 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. BREACH. You agree that failure to abide by
any provision of this Agreement, any operating rule or policy or
the Dispute Policy provided by us, may be considered by us to be
a material breach and that we may provide a written notice,
describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not
breached your obligations under the Agreement, then we may
delete the registration or reservation of your domain name. Any
such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any other
breach by you.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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 Inc.
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.
24. 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.
25. 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.
26. INFANCY. You attest that you are of legal
age to enter into this Agreement.
27. 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.
28. 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
29. 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.
30. 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.
(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 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.
(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) 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/ ... 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:
(A) The Uniform Domain Name Dispute Resolution Policy
('Dispute Policy), available at:
http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and
Rules ('RDRP'), available at:
http://www.icann.org/tlds/agreements /biz/registry-agmt-
appm-27apr01.htm;
(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.
(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. The current version of
the Dispute Policy may be found at
http://resellers.tucows.com/opensrs/legal. Please take
the time to familiarize yourself with this policy. In
addition, 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.
(A) the Eligibility Requirements (the 'Eligibility
Requirements'), available at:
http://www.icann.org/tlds/
agreements/name/registry-agmt- appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution
Policy (the 'ERDRP'), available at:
http://www.icann.org/tlds/agreements/
name/registry-agmt-appm -8aug03.htm; and
(C) the Uniform Domain Name Dispute Resolution Policy
(the 'UDRP'), available at:
http://www.icann.org/dndr/udrp/policy.htm.
(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.
31. ccTLD'S
(a) .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;
(b) .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.nic.cc. 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.
(c) .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:
(A) Provisional Administrative Rules for Registration of
Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of
Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
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.
(d) .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;
(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:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
(C) DENIC direct pricelist
http://www.denic.de/en/preisliste.html
11.3. German:
(D) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(E) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(F) DENIC-Preisliste
http://www.denic.de/de/preisliste.html
(e) .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.
(f) .co.uk and .org.uk domains. In the case of
a .co.uk or a .org.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.nic.uk/DisputeResolution/DrsPolicy/. 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/ ... TermsAndConditions.html
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..
(g) .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;
(F) 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.
(A) 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:
(B) 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.
(C) 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.
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.
(v) 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.
(vi) Indemnity. The DOC shall be added to the parties you have
agreed to indemnify in Section 13 hereinabove.
(vii) 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;
(E) 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.
(viii) 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.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF
THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
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