Domain Registration Contract
1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and
"your" refer to each customer, "we", us" and "our" refer to Tucows.com
Inc. and "Services" refers to the domain name registration provided by
us as offered through Luce-McQuillin Corporation DBA Telerama Internet
Registration Service Provider ("RSP"). This Agreement explains our
obligations to you, and explains your obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the
your knowledge and belief, neither the registration of the SLD name
nor the manner in which it is directly or indirectly used infringes
the legal rights of a third party and that the Domain Name is not
being registered for any unlawful purpose.
3. FEES. As consideration for the services you have selected, you
agree to pay to us, or your respective RSP who remits payment to us on
your behalf, the applicable service(s) fees. All fees payable
hereunder are non-refundable. 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, by completing
and submitting this Agreement represent that the statements in your
application are true.
4. TERM. You agree that the Registration Agreement will remain in full
force during the length of the term of your Domain Name Registration.
Should you choose to renew or otherwise lengthen the term of your
Domain Name Registration, then the term of this Registration Agreement
will be extended accordingly. This Agreement will remain in full force
during the length of the term of your Domain Name Registration as
selected, recorded, and paid for upon registration of the Domain Name.
Should you choose to renew or otherwise lengthen the term of your
Domain Name Registration, then the term of this Registration Agreement
will be extended accordingly. Should you transfer your domain name or
should the domain name otherwise be transferred due to another
Registrar, the terms and conditions of this contract shall cease and
shall be replaced by the contractual terms in force for the purpose of
registering domain names then in force between SLD holders and the new
Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement.
Any such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular mail as per
the Notices section of this agreement. You agree to review our web
site, including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing us with notice
by e-mail or regular mail as per the Notices section of this
agreement. Notice of your termination will be effective on receipt and
processing by us. You agree that, by continuing to use the Services
following notice of any revision to this Agreement or change in
service(s), you shall abide by any such revisions or changes. You
further agree to abide by the ICANN Uniform Dispute Resolution Policy
("Dispute Policy") as amended from time to time. You agree that, by
maintaining the reservation or registration of your domain name after
modifications to the Dispute Policy become effective, you have agreed
to these modifications. You acknowledge that if you do not agree to
any such modifications, you may request that your domain name be
deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your Account Identifier and
Password that you selected when you opened your account with us.
Please safeguard your Account Identifier and Password from any
unauthorized use. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
7. 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.opensrs.org/legal/udrp.shtml
Please take the time to familiarize yourself with this policy.
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 in
effect at the time of the dispute. 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 Dispute Policy. For any dispute, you agree to submit to the
jurisdiction of the courts of The Province of Ontario.
9. ICANN POLICY. You agree that your registration of the SLD name
shall be subject to suspension, cancellation, or transfer pursuant to
any ICANN-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with an ICANN-adopted policy, (1) to
correct mistakes by Registrar or the Registry in registering the name
or (2) for the resolution of disputes concerning the SLD name.
10. AGENCY. Should you intend to license use of a domain name to a
third party you shall nonetheless be the SLD 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 SLD. You shall accept
liability for harm caused by wrongful use of the SLD, unless you
promptly disclose the identity of the licensee to the party providing
you reasonable evidence of actionable harm. You also represent that
you have provided notice of the terms and conditions in this Agreement
to the third party and that the third party agrees to the terms of
Disclosure and Use of Registration Information (sections 18 and 19 of
this Agreement).
11. ANNOUNCEMENTS. We and the RSP 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 such Service(s). We and our contractors 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. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses, including without
limitation Network Solutions, Inc., and the directors, officers,
employees and agents of each of them, including attorney's fees, of
third parties relating to or arising under this Agreement, the
Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using the
Service with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation of
any of our operating rules or policy relating to the service(s)
provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the 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 deactivation of your domain
name.
14. TRANSFER OF OWNERSHIP. The person named as administrative contact
at the time the controlling user name and password are secured shall
be the owner of 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. Your domain name will not
be transferred until we receive such written assurances or other
reasonable assurance that the Transferee has been bound by the
contractual terms of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with the applicable
transfer fee. 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. NO GUARANTY. You agree that, by registration or reservation of
your chosen domain name, such registration or reservation does not
confer immunity from objection to either the registration,
reservation, or use of the domain name.
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:
i) Your name and postal address (or, if different, that of the domain
name holder); ii) The domain name being registered iii) The name,
postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name.
iv) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain
name. Any other information which we request from you at registration
is voluntary. Any voluntary information we request is collected such
that we can continue to improve the products and services offered to
you through your RSP.
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, and to
other third parties as ICANN and applicable laws may require or
permit. 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 the applicable laws.
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.
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 RSP.
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 access or
disclosure, alteration or destruction of that information.
20. REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen calendar
days to inquiries by us concerning the accuracy of contact details
associated with the your registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the SLD
registration.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you
for other Services within thirty (30) calendar days from receipt of
your payment for such services. In the event we do not register or
reserve your domain name or register you for other Services, or we
delete your domain name or other Services within such thirty (30)
calendar day period, we agree to refund your applicable fee(s). You
agree that we shall not be liable to you for loss or damages that may
result from our refusal to register, reserve, or delete your domain
name or register you for other Services.
22. SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
24. 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.
25. 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 have been given when an electronic confirmation of
delivery has been obtained by the sender. In the case of e-mail
notification to us or to the RSP to [32]lhutz@Tucows.com or [Insert
E-mail Address for RSP ] or, in the case of notice to you, at 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 5 business days after the date of
mailing and, in the case of notification to us or to the RSP shall be
sent to:
Tucows.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto,
Ontario M6K 3M1 - OR - Domain Registrar, Telerama Internet, 5001 Baum Blvd.
Suite 750, Pittsburgh, PA 15213 and in the case of notification to you
shall be to the address specified in the "Administrative Contact" in your
WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or
precedent.
27. 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.
28. INFANCY. You attest that you are of legal age to enter into this
Agreement.
29. 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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