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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 Computamerica.com, 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/drs/policy/. Please take the
time to familiarize yourself with this policy. |
| (iii) |
Nominet UK Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Nominet UK-adopted policy, term or
condition, or pursuant to any registrar or registry procedure not
inconsistent with an Nominet UK-adopted policy, (1) to correct
mistakes by a registrar or the registry in registering the name, or
(2) for the resolution of disputes concerning the domain name. The
current Nominet UK terms and conditions can be found at:
http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration with Tucows
and/or Reseller, you will be entering into two contracts – one
contract with Tucows and/or Reseller and one contract with Nominet
UK.
Tucows and your Reseller will act as agents on your behalf by
submitting your application to Nominet for you, however, you will
still be entering into a direct contract between you and Nominet UK.
This is a separate contract from this agreement; may be found at
http://resellers.tucows.com/contracts/uk/ukterms. Tucows and
Reseller must also make you aware that by accepting Nominet’s terms
and conditions you are consenting to Nominet using your personal
data for a variety of reasons. In particular, your name and address
may be published as part of Nominet’s Whois look-up service. |
| (iv) |
Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in accordance
with Nominet UK policies and procedures. |
|
| (n) |
.us Domains. In the case of a “.us” registration,
the following terms and conditions will apply: |
| |
| (i) |
“DOC” means the United States of America Department
of Commerce. |
| (ii) |
“.us Nexus Requirement”. Only those individuals or
organizations that have a substantive lawful connection in the
United States are permitted to register for .usTLD domain names.
Registrants in the .usTLD must satisfy the nexus requirement
(“Nexus” or “Nexus Requirements”) set out at:
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. |
| (iii) |
Selection of a Domain Name. You certify and
represent that: |
| |
| (A) |
You have and shall continue to have, a bona fide
presence in the United States on the basis of real and
substantial lawful contacts with, or lawful activities in, the
United States as defined in Section (ii) hereinabove; |
| (B) |
The listed name servers are located within the
United States; |
| (C) |
The data provided in the domain name
registration application is true, correct, up to date and
complete, and that you will continue to keep all of the
information provided correct, up-to-date and complete; |
| (D) |
To the best of the your knowledge and belief,
neither this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes upon the
legal rights of a third party; |
| (E) |
That the domain name is not being registered for
nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever; |
| (E) |
You have the authority to enter into this
Registration Agreement. |
|
| (iv) |
Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the Dispute
Policy and the usDRP, as defined below, that is incorporated herein
and made a part of this Agreement by reference. Please take the time
to familiarize yourself with these policies. |
| (v) |
Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and conditions of
the following documents, as they may be amended from time to time,
which are hereby incorporated and made an integral part of this
Agreement: |
| |
| (A) |
The Nexus Dispute Policy (“Dispute Policy),
available at:
http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an
opportunity to challenge a registration not complying with the
Nexus Requirements. |
| (B) |
The usTLD Dispute Resolution Policy (“usDRP”)
available at:
http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is
intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark
infringement. |
| (C) |
In addition to the foregoing, you agree that,
for the adjudication of disputes concerning or arising from use
of the Registered Name, you shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction
of the courts (i) of your domicile, (ii) where Tucows is
located, and (iii) the United States. |
|
| (vi) |
Policy. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, the DOC or
government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a DOC or government-adopted policy,
(1) to correct mistakes by us or the applicable Registry in
registering the name or (2) for the resolution of disputes
concerning the domain name. The Registry Operator’s policies can be
found at
http://www.neustar.us/policies. |
| (vii) |
Indemnity. The DOC shall be added to the parties you
have agreed to indemnify in Section 13 hereinabove. |
| (viii) |
Information. As part of the registration process,
you are required to provide us certain information and to update us
promptly as such information changes such that our records are
current, complete and accurate. You are obliged to provide us the
following information: |
| |
| (A) |
Your full name, postal address, e-mail address
and telephone number and fax number (if available) (or, if
different, that of the domain name holder); |
| (B) |
The domain name being registered; |
| (C) |
The name, postal address, e-mail address, and
telephone number and fax number (if available) telephone numbers
of the administrative contact, the technical contact and the
billing contact for the domain name; |
| (D) |
The IP addresses and names of the primary
nameserver and any secondary nameserver(s) for the domain name; |
|
| (ix) |
In addition to the foregoing, you will be required
to provide additional Nexus Information. The Nexus Information
requirements are set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you
through your Reseller. |
| (x) |
Disclosure and Use of the Registration Information.
You agree and acknowledge that we will make domain name registration
information you provide available to the DOC, to the Registry
Operator, and to other third parties as applicable. You further
agree and acknowledge that we may make publicly available, or
directly available to third party vendors, some, or all, of the
domain name registration information you provide, for purposes of
inspection (such as through our Whois service) or other purposes as
required or permitted by the DOC and applicable laws. |
|
| |
You hereby consent to any and all such disclosures and
use of information provided by you in connection with the registration
of a domain name (including any updates to such information), whether
during or after the term of your registration of the domain name. You
hereby irrevocably waive any and all claims and causes of action you may
have arising from such disclosure or use of your domain name
registration information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us
through your Reseller.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized accessor disclosure,
alteration or destruction of that information. |
33. WHOIS PRIVACY SERVICE. The following terms and conditions will
apply if you subscribe to the Whois Privacy Service:
| (a) |
Subscribers to the Whois Privacy Service have elected to
include the following information in the publicly available Whois
Registry: |
| |
| (i) |
Contactprivacy.com shall appear as the Registrant
and Contacts name(s); |
| (ii) |
Tucows’ postal address and a Tucows assigned email
address and telephone number shall appear on behalf of the
Registrant and the Contact(s); |
| (iii) |
The primary and secondary nameservers shall be those
designated by the Registrant; |
| (iv) |
The original date of registration and the expiration
of each domain name; |
| (v) |
Tucows will be identified as the registrar of
record. |
|
| (b) |
You understand and agree that the Registrant and Contact
Information that you have provided will be kept on file. You further
agree and warrant that you will ensure that the Whois Information is
true, accurate and up to date. |
| (c) |
You will will retain complete control over the domain
name and its registration records and may suspend and reinstate the
Whois Privacy Service at your discretion. |
| (d) |
The Whois Privacy Service may be used with both new and
existing domain name registrations. You may use the Whois Privacy
Service with respect to a domain name that has been transferred but it
will only commence after the transfer has been completed. If you wish to
transfer the domain name to a different registrar,the Whois Privacy
Service must be disabled in order to initiate the transfer. |
| (e) |
We will send all obligatory renewal and transfer related
messages to the Contacts you have designated. |
| (f) |
Communications Forwarding. Communications received with
respect to a particular domain name registration will be handled as
follows: |
| |
| (i) |
We will forward to you or a Contact all
correspondence received by registered mail or traceable courier.
This information may be opened, scanned and emailed to you or your
Contact.. Regular postal mail will be discarded or returned to
sender at our discretion. |
| (ii) |
Email correspondence will be forwarded according to
the instructions of the Registrant as they appear in our records. |
| (iii) |
A voice mail message will advise all callers that
inbound messages will not be accepted; calls will be directed to the
contactprivacy.com web site where written messages will be forwarded
according to your instructions. |
| (iv) |
We will only be responsible for forwarding
communications where our details have appeared in the whois and when
your Whois Information is accurate, complete and up to date. |
|
| (g) |
Right to Suspend and Disable. We shall have the right,
at our sole discretion and without liability to you or any of your
Contacts, suspend or cancel your domain name and to reveal Registrant
and Contact Whois Information in certain circumstances, including but
not limited to the following: |
| |
| (i) |
when required by law; |
| (ii) |
in the good faith belief that disclosure is
necessary to further determination of an alleged breach of a law; |
| (iii) |
to comply with a legal process served upon Tucows; |
| (iv) |
to resolve any and all third party claims including
but not limited to ICANN’s or a Registry’s dispute resolution
policy; |
| (v) |
to avoid financial loss or legal liability |
| (v) |
to avoid financial loss or legal liability |
| (vi) |
if we believe that you or one of your Contacts is
using the Whois Privacy Service to conceal involvement with illegal,
illicit, objectionable or harmful activities; or |
| (vii) |
to transmit SPAM, viruses, worms or other harmful
computer programs. |
|
| (h) |
You understand and agree that, in the event that we
receive a formal complaint, notice of claim or UDRP, that we will have
the right to disable the Whois Privacy Service pending final disposition
of the matter. |
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT. |
|
