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EXHIBIT A
Registration Agreement
1. In this Registration Agreement ("Agreement")
"Registrant", "you" and "your"
refers to the registrant of each domain name registration,
"we", "us" and "our" refers
to Tucows.com Co., and "Services" refers to the
domain name registration services provided by us as offered
through The Wire Inc., the Registration
Service Provider ("Reseller"). Any reference to
a "registry," "Registry" or "Registry
Operator" shall refer to the registry administrator of
the applicable TLD or ccTLD. This Agreement explains our obligations
to you, and explains your obligations to us for the Services.
By agreeing to the terms and conditions set forth in this
Agreement, you are also agreeing to be bound by the rules
and regulations set forth by a registry for that particular
registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and
agree that we cannot guarantee that you will obtain a desired
domain name registration, even if an inquiry indicates that
a domain name is available at the time of your application
for same. You represent that, to the best of the your knowledge
and belief, neither the registration of the domain name nor
the manner in which it is directly or indirectly to be used,
infringes upon the legal rights of a third party and further,
that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose.
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. Your continued use
of the domain name registered to you will constitute your
acceptance of this Agreement with any revisions. If you do
not agree to any change, you may request that your domain
name registration be cancelled or transferred to a different
accredited registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you
do not wish to abide by any change to this Agreement, or any
other related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change
any of your account information with us, you must use the
Account Identifier and Password that you selected when you
opened your account with us. You agree to safeguard your Account
Identifier and Password from any unauthorized use. In no event
shall we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
7. NO GUARANTY. You acknowledge that registration
or reservation of your chosen domain name does not confer
immunity from objection to the registration, reservation or
use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third
party, you will be subject to the provisions specified in
the dispute policy adopted by the applicable registry. You
agree that in the event a domain name dispute arises with
any third party, you will indemnify and hold us harmless pursuant
to the terms and conditions contained in the applicable policy.
If Tucows is notified that a complaint has been filed with
a judicial or administrative body regarding your domain name,
Tucows may, at its sole discretion, suspend your ability to
use your domain name or to make modifications to your registration
records until (i) Tucows is directed to do so by the judicial
or administrative body, or (ii) Tucows receives notification
by you and the other party contesting your domain that the
dispute has been settled. Furthermore, you agree that if you
are subject to litigation regarding your registration or use
of your domain name, Tucows may deposit control of your registration
record into the registry of the judicial body by supplying
a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation,
or transfer pursuant to a Tucows, registry, ICANN or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a Tucows, registry, ICANN or government-adopted
policy, (1) to correct mistakes by us or a registry in registering
the name or (2) for the resolution of disputes concerning
the domain name.
10. AGENCY. Should you intend to license use of a
domain name to a third party you shall nonetheless be the
domain name holder of record and are therefore responsible
for providing your own full contact information and for providing
and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You
shall accept liability for harm caused by wrongful use of
the domain name. You represent that you will secure the agreement
of any third party to the terms and conditions in this Agreement
11. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation
of our services and those of our service partners. These announcements
will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other
information to add security or to enhance your identity on
the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of
this Agreement is solely limited to the amount you paid for
the initial registration of your domain name. Tucows and its
directors, employees, affiliates, subsidiaries, agents and
third party providers, ICANN and the applicable registries
shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or
inability to use any of the Services or for the cost of procurement
of substitute services. Because some states do not allow the
exclusion or limitation of liability for consequential or
incidental damages, in such states, our liability is limited
to the extent permitted by law. We disclaim any and all loss
or liability resulting from, but not limited to: (1) loss
or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or
data mis-delivery; (3) loss or liability resulting from acts
of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account identifier or password; (5)
loss or liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the interruption
of your Service. You agree that we will not be liable for
any loss of registration and use of your domain name, or for
interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been
advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and
hold Tucows, its contractors, agents, employees, officers,
directors and affiliates, ICANN, the applicable registries
and their respective directors, officers, employees, agents
and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties arising out of
or relating to the registration or use of the domain name
registered in your name including without limitation infringement
by you or a third party with access to your Account Identifier
and Password. You also agree to release, indemnify and hold
us harmless pursuant to the terms and conditions contained
in the applicable Dispute Policy. When we are threatened with
suit by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure
to provide those assurances may be considered by us to be
a breach of your Agreement and may result in the suspension
or cancellation of your domain name. This indemnification
obligation will survive the termination or expiration of this
Agreement.
14. TRANSFER OF OWNERSHIP. The person named as registrant
on the WHOIS shall be the registered name holder. The person
named as administrative contact at the time the controlling
Account Identifier and Password are secured, shall be deemed
the designate of the registrant with the authority to manage
the domain name. You agree that prior to transferring ownership
of your domain name to another person (the "Transferee")
you shall require the Transferee to agree, in writing to be
bound by all the terms and conditions of this Agreement. If
the Transferee fails to be bound in a reasonable fashion (as
determine by us in our sole discretion) to the terms and conditions
in this Agreement, any such transfer will be null and void.
15. BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy
or the Dispute Policy provided by us, may be considered by
us to be a material breach and that we may provide a written
notice, describing the breach, to you. If within thirty (30)
calendar days of the date of such notice, you fail to provide
evidence, which is reasonably satisfactory to us, that you
have not breached your obligations under the Agreement, then
we may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused
simply because we did not act earlier in response to that,
or any other breach by you.
16. DISCLAIMER OF WARRANTIES. You agree that your
use of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is,"
"as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements,
or that the Service(s) will be uninterrupted, timely, secure,
or error free; nor do we make any warranty as to the results
that may be obtained from the use of the Service(s) or as
to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of Service
is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system
or loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions
entered into through the Service. No advice or information,
whether oral or written, obtained by you from us or through
the Service shall create any warranty not expressly made herein.
17. INFORMATION. As part of the registration process,
you are required to provide us certain information and to
update us promptly as such information changes such that our
records are current, complete and accurate. You are obliged
to provide us the following information:
(a) your name and postal address (or, if different, that
of the domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the administrative
contact for the domain name;
(d) the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the billing contact
for the domain name; and
(e) the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the technical contact
for the domain name.
Any voluntary information we request is collected in order
that we can continue to improve the products and services
offered to you through your Reseller.
18. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry
administrators, law enforcement agencies and to other third
parties as applicable. You further agree and acknowledge that
we may make publicly available, or directly available to third
party vendors, some or all, of the domain name registration
information you provide, for purposes of inspection (such
as through our WHOIS service) or other purposes as required
or permitted by ICANN and applicable laws.
(a) You hereby consent to any and all such disclosures and
use of, and guidelines, limits and restrictions on disclosure
or use of, information provided by you in connection with
the registration of a domain name (including any updates to
such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising
from such disclosure or use of your domain name registration
information by us.
(b) You may access your domain name registration information
in our possession to review, modify or update such information,
by accessing our domain manager service, or similar service,
made available by us through your Reseller.
(c) We will not process or maintain data about any identified
or identifiable natural person that we obtain from you in
a way incompatible with the purposes and other limitations
which we describe in this Agreement.
(d) We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized disclosure,
alteration or destruction of that information.
19. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision
of inaccurate or unreliable information, your wilful failure
promptly to update information provided to us, or any failure
to respond to inquiries by us addressed to the email address
of the registrant, the administrative, billing or technical
contact appearing in the WHOIS directory with respect to a
domain name concerning the accuracy of contact details associated
with the registration shall constitute a material breach of
this Agreement and be a basis for cancellation of the domain
name registration. Any information collected by us concerning
an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration
of your domain name(s) and for the purposes of this Agreement
and as required or permitted by ICANN or an applicable registry
policy.
20. REVOCATION. We, in our sole discretion, reserve
the right to deny, cancel, suspend, transfer or modify any
domain name registration to correct a mistake, protect the
integrity and stability of the company and any applicable
registry, to comply with any applicable laws, government rules,
or requirements, requests of law enforcement, in compliance
with any dispute resolution process, or to avoid any liability,
civil or criminal. You agree that we shall not be liable to
you for loss or damages that may result from our refusal to
register or cancel, suspend, transfer or modify your domain
name registration.
21. INCONSISTENCIES WITH REGISTRY POLICIES. In the
event that this Agreement may be inconsistent with any term,
condition, policy or procedure of an applicable registry,
the term, condition, policy or procedure of the applicable
registry shall prevail.
22. NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor shall
the waiver by us of a breach of any provision hereof be taken
or held to be a waiver of the provision itself.
23. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by
sending it via e-mail or via regular mail. In the case of
e-mail, valid notice shall only have been deemed to be given
when an electronic confirmation of delivery has been obtained
by the sender. E-mail notification to Tucows must be sent
to lhutz@tucows.com. Any notice to you will be sent to the
e-mail address provided by you in your WHOIS record. Any e-mail
communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is a
business day and such delivery was made prior to 4:00 p.m.
EST, otherwise it will be deemed to have been delivered on
the next business day. In the case of regular mail notice,
valid notice shall be deemed to have been validly and effectively
given five (5) business days after the date of mailing Postal
notices to Tucows shall be sent to:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the
address specified in the "Administrative Contact"
in your WHOIS record.
24. ENTIRETY. You agree that this Agreement, the applicable
dispute policy and the rules and policies published by Tucows
and any applicable registry or other governing authority are
the complete and exclusive agreement between you and us regarding
our Services.
25. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED
BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS
OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE
THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS.
ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO
AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
26. INFANCY. You attest that you are of legal age
to enter into this Agreement.
27. FORCE MAJEURE. You acknowledge and agree that
neither we nor the applicable registry shall be responsible
for any failures or delays in performing our respective obligations
hereunder arising from any cause beyond our reasonable control,
including but not limited to, acts of God, acts of civil or
military authority, fires, wars, riots, earthquakes, storms,
typhoons and floods.
28. PRIVACY. Information collected about you is subject
to the terms of Tucows' privacy policy, the terms of which
are hereby incorporated by reference. Tucows' privacy policy
can be found at: http://www.tucows.com/privacy.html
29. CONTROLLING LANGUAGE. In the event that you are
reading this Agreement in a language other than the English
language, you acknowledge and agree that the English language
version hereof shall prevail in case of inconsistency or contradiction
in interpretation or translation.
30. TLD'S. The following additional provisions apply
to any domain names that you register through Tucows with
the various registries:
(a) .com/net domains: In the case of a ".com" or
".net" registration, the following terms and conditions
will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Dispute Policy ("UDRP")
(http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry; these policies
are subject to modification.
(b) .org domains: In the case of a ".org" registration,
the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Dispute Policy ("UDRP")
(http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry. These policies
are subject to modification.
(c) .info domains: In the case of a ".info" registration,
the following terms and conditions will apply:
(i) Registrant's Personal Data. You consent to the use, copying,
distribution, publication, modification, and other processing
of Registrant's personal data by Afilias, the .INFO registry,
and its designees and agents, in a manner consistent with
the purposes specified pursuant to its contract.
(ii) Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Dispute Policy ("UDRP")
(http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry. These policies
are subject to modification.
(iii) Reservation of Rights. Tucows and Afilias expressly
reserve the right to deny, cancel, transfer, or modify any
registration that either registrar or Afilias deems necessary,
at its discretion, to protect the integrity and stability
of the registry, to comply with any applicable law, any government
rule or requirement, any request of law enforcement, any dispute
resolution process, or to avoid any liability, civil or criminal,
on the part of the registrar and/or Afilias, as well as their
affiliates, subsidiaries, executives, directors, officers,
managers, employees, consultants, and agents. The registrar
and Afilias also reserve the right to suspend a domain name
or its registration data during resolution of a dispute.
(d) .biz domains. In the case of a ".biz" registration,
the following terms and conditions will apply:
(i) .biz Restrictions. Registrations in the .biz top-level
domain must be used or intended to be used primarily for bona
fide business or commercial purposes. For the purposes of
the .biz registration restrictions, "bona fide business
or commercial use" shall mean the bona fide use or bona
fide intent to use the domain name or any content, software,
materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through
the DNS:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods, services, information
or property of any kind; or (ii) the ordinary course of trade
or business.
For more information on the .biz restrictions, which are incorporated
herein by reference, please see: http://www.icann.org/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:
(A) The Uniform Domain Name Dispute Resolution Policy ("Dispute
Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules
("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
(v) The Dispute Policy sets forth the terms and conditions
in connection with a dispute between a Registrant and any
party other than the Registry or Registrar over the registration
and use of an Internet domain name registered by Registrant.
(vi) The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or commercial
purposes shall be endorsed on a case-by-case, fact specific
basis by an independent ICANN-accredited dispute provider.
(e) .name domains. In the case of a ".name" registration,
the following terms and conditions will apply:
(i) .name Restrictions. Registrations in the .name top-level
domain must constitute an individual's "Personal Name".
For purposes of the .name restrictions (the "Restrictions"),
a "Personal Name" is a person's legal name, or a
name by which the person is commonly known. A "name by
which a person is commonly known" includes, without limitation,
a pseudonym used by an author or painter, or a stage name
used by a singer or actor.
(ii) .name Representations. As a .name domain name registrant,
you hereby represent that:
(A) the registered domain name or second level domain ("SLD")
e-mail address is your Personal Name.
(B) the data provided in the domain name registration application
is true, correct, up to date and complete and that you will
continue to keep all of the information provided correct,
current and complete,
(C) to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon the
legal rights of a third party;
(D) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose
whatsoever;
(E) the registration satisfies the Eligibility Requirements
found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this Registration
Agreement.
(iii) E-mail Forwarding Services. The Services for which you
have registered may, at your option, include e-mail forwarding.
To the extent you opt to use e-mail forwarding, you are obliged
to do so in accordance with all applicable legislation and
are responsible for all use of e-mail forwarding, including
the content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of
and to comply with the generally accepted rules for Internet
and e-mail usage. This includes, but is not limited to the
Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to
the foregoing, you undertake not to use e-mail forwarding:
(A) to encourage, allow or participate in any form of illegal
or unsuitable activity, including but not restricted to the
exchange of threatening, obscene or offensive messages, spreading
computer viruses, breach of copyright and/or proprietary rights
or publishing defamatory material;
(B) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including
all attempts at guessing passwords, checking or testing the
vulnerability of a system or network or breaching the security
or access control without the sufficient approval of the owner
of the system or network;
(C) to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, wilful attempts
to overload another system or other forms of harassment; or
(D) for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited e-mail, junk mail, the use
of distribution lists (mailing lists) which include persons
who have not specifically given their consent to be placed
on such distribution list. Users are not permitted to provide
false names or in any other way to pose as somebody else when
using e-mail forwarding.
(iv) Registry reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history
of abuse from entering Registry's e-mail forwarding. However,
due to the nature of such systems, which actively block messages,
Registry shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or
us to give feedback on the decision.
(v) You understand and agree that Registry may delete material
that does not conform to clause (c) above or that in some
other way constitutes a misuse of e-mail forwarding. You further
understand and agree that Registry is at liberty to block
your access to e-mail forwarding if you use e-mail forwarding
in a way that contravenes this Agreement. You will be given
prior warning of discontinuation of the e-mail forwarding
unless it would damage the reputation of Registry or jeopardize
the security of Registry or others to do so. Registry reserves
the right to immediately discontinue e-mail forwarding without
notice if the technical stability of e-mail forwarding is
threatened in any way, or if you are in breach of this Agreement.
On discontinuing e-mail forwarding, Registry is not obliged
to store any contents or to forward unsent e-mail to you or
a third party.
(vi) You understand and agree that to the extent either we
and/or Registry is required by law to disclose certain information
or material in connection with your e-mail forwarding, either
we and/or Registry will do so in accordance with such requirement
and without notice to you.
(vii) Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the dispute
policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute
Policy may be found at http://resellers.tucows.com/opensrs/legal.
Please take the time to familiarize yourself with this policy.
In addition, you hereby acknowledge that you have read and
understood and agree to be bound by the terms and conditions
of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral
part of this Agreement.
(A) the Eligibility Requirements (the "Eligibility Requirements"),
available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses will
be granted on a first-come, first-served basis. The following
categories of Personal Name Registrations may be registered:
(i) the Personal Name of an individual; (ii) the Personal
Name of a fictional character, if you have trademark or service
make rights in that character's Personal Name; (iii) in addition
to a Personal Name registration, you may add numeric characters
to the beginning or the end of the Personal Name so as to
differentiate it from other Personal Names.
(ix) The ERDRP applies to challenges to (i) registered domain
names and SLD e-mail address registrations within .name on
the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations (as defined
by the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than the
Registry or Tucows over the registration and use of an Internet
domain name registered by a Registrant.
31. ccTLD'S
(a) .ca domains. In the case of a ".ca" registration,
the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the Dispute
Policy, which is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute
Policy may be found at http://www.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration of
the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Registry-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with
a Registry adopted policy, (1) to correct mistakes by Tucows
or the Registry in registering the name or (2) for the resolution
of disputes concerning the domain name.
(iii) Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in accordance
with registry policies and procedures.
(iv) Registry Agreement and Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement
you shall be bound by the Registry's Registrant Agreement,
the Registry's policies and any pertinent rules or policies
that exist now or in the future and which are posted on the
Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry's site on
a regular basis. In the event that you do not wish to be bound
by a revision or modification to any Registry agreement or
policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such
cancellation.
(v) You acknowledge and agree that the Registry shall not
be liable to you for any loss, damage, or expense arising
out of the Registry's failure or refusal to register a domain
name, it's failure or refusal to renew a domain name registration,
it's registration of a domain name, it's failure or refusal
to renew a domain name registration, it's renewal of a domain
name registration, it's failure or refusal to transfer a domain
name registration, it's transfer of a domain name registration,
it's failure or refusal to maintain or modify a domain name
registration, it's maintenance of a domain name registration,
it's modification of a domain name registration, it's failure
to cancel a domain name registration or it's cancellation
of a domain name registration from the Registry;
(b) .cc Domains. In the case of a ".cc" registration,
the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the Dispute
Policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute
Policy may be found at http://www.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are
posted on the Registry website at http://www.nic.cc. You are
responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
(c) .cn Domains. In the case of a ".cn" registration,
the following terms and conditions shall apply:
(i) "Registry" means the China Internet Network
Information Center, which is the authority responsible for
the administration of the national top-level domain of the
People's Republic of China and the Chinese domain name system;
(ii) "Registry Gateway" means the service provided
by the Registry Operator that facilitates the registration
of .cn domain names by registrars operating outside of the
People's Republic of China;
(iii) "Registry Operator" means Neustar, Inc.,
the company authorized to facilitate the registration of .cn
domain names by registrars operating outside of the People's
Republic of China.
(iv) Restrictions. You agree that you shall not register
or use a domain name that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the Constitution
of the Peoples Republic of China ("PRC");
(B) jeopardize national security, leak state secrets, intend
to overturn the government or disrupt the integrity of the
PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social
stability of the PRC;
(F) spread pornography, obscenity, gambling, violence, homicide,
terror or instigate crimes in the PRC;
(G) insult, libel against others and infringe other people's
legal rights and interests in the PRC; or
(H) take any other action prohibited in laws, rules and administrative
regulations of the PRC.
(v) Business or Organization Representation. .cn domain name
registrations are intended for businesses and organizations
and not for individual use. By registering a .cn name, you
accordingly represent that you have registered the domain
name on behalf or a business or organization. It should be
noted that, although .cn policy is permissive in terms of
registration, and enforcement is generally in reaction to
a complaint (as opposed to proactive review), registrations
that are not associated with an organization or business may
be subject to deletion. The foregoing prevents an individual
from registering a .cn domain name for a business operating
as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions
of the CNNIC Domain Name Dispute Policy & Rules for CNNIC
Dispute Resolution Policy ("Dispute Policy"), as
they may be amended from time to time, which are hereby incorporated
and made an integral part of this Agreement. The Dispute Policy
is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute Policy,
Registrars must comply with all reasonable requests from the
applicable domain name dispute resolution institutions including
the provision of all relevant evidence in any domain name
disputes in the specified time frames.
(viii) If we are notified that a complaint has been filed
with a judicial or administrative body regarding your use
of our domain name registration services, you agree not to
make any changes to your domain name record without our prior
approval. We may not allow you to make changes to such domain
name record until (i) we are directed to do so by the judicial
or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use
of our domain name registration services that the dispute
has been settled. Furthermore, you agree that if you are subject
to litigation regarding your registration and use of our domain
name registration services, we may deposit control of your
domain name record into the registry of the judicial body
by supplying a party with a registrar certificate from us.
(ix) Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the Peoples Republic
of China's governmental agencies and the China Internet Network
Information Centre ("CNNIC"), including but not
limited to the following rules and regulations:
(A) Provisional Administrative Rules for Registration of Domain
Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain
Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently
at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and agree
to be bound by the terms and conditions of the policies of
the CNNIC, as they may be amended from time to time.
(x) Suspension and Cancellation. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Tucows, Registry Operator, CNNIC
or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering
the name, (2) for the resolution of disputes concerning the
domain name, (3) to protect the integrity and stability of
the registry, (4) to comply with any applicable laws, government
rules or requirements, requests of aw enforcement, (5) to
avoid any liability, civil or criminal, on the part of Tucows,
Registry Operator or CNNIC, as well as their affiliates, subsidiaries,
directors, representatives, employees and stockholders or
(6) for violations of this Agreement. Tucows, Registry Operator
and CNNIC also reserve the right to "freeze" a domain
name during the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant's domicile, (2) where Tucows is located, and (3)
the People's Republic of China.
(xii) Governing Law. For the adjudication of a dispute concerning
or arising from use of a .cn domain, such dispute will be
governed under the Laws of the Peoples Republic of China.
(d) .de domains. In the case of a ".de" registration,
the following terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registry's Terms
and Conditions and the Registry's Guidelines and have provided
your Reseller with written confirmation of same;
(B) either you, or the person designated as the administrative
contact for the domain name, shall be resident or shall have
a branch in Germany;
(C) to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon the
legal rights of a third party and, further, that the domain
name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever.
(ii) Domain Name Disputes. You agree that, if the registration
or reservation of your domain name is challenged by a third
party, you will be subject to the provisions specified by
the Registry or any court of law. You agree that in the event
a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions
specified by the Registry or any court of law. (iii) Registry
Policies. You agree to be bound by the Registry's Registration
Terms and Conditions and the Registration Guidelines. English
language translations of the Registry's documents are provided
for convenience; in the event of a discrepancy between the
English and the German language agreements, the terms of the
German agreement will prevail. The Registry documents may
be found at:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
(C) DENIC direct pricelist
http://www.denic.de/en/preisliste.html
11.3. German:
(D) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(E) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(F) DENIC-Preisliste
http://www.denic.de/de/preisliste.html
(e) .tv domains. In the case of a ".tv" registration,
the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name to
us from another Registrar, you agree to be bound by the Dispute
Policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute
Policy may be found at http://www.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this policy.
(ii) Policy . You agree that your registration of the .tv
domain name shall be subject to suspension, cancellation,
or transfer pursuant to any ICANN or government adopted policy,
or pursuant to any Registrar or registry procedure not inconsistent
with an ICANN or government-adopted policy, (1) to correct
mistakes by us or the applicable Registry in registering the
name or (2) for the resolution of disputes concerning the
domain name. You acknowledge that you have reviewed the .tv
General Terms of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
(f) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk domains.
In the case of a co.uk, .org.uk, ltd.uk, net.uk, plc.uk or
me.uk registration, the following terms and conditions will
apply:
(i) "Nominet UK" means the entity granted the exclusive
right to administer the registry for .uk domain name registrations.
(ii) Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the Dispute
Policy which is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute
Policy may be found at: http://www.nic.uk/DisputeResolution/DrsPolicy/.
Please take the time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Nominet UK-adopted policy, term
or condition, or pursuant to any registrar or registry procedure
not inconsistent with an Nominet UK-adopted policy, (1) to
correct mistakes by a registrar or the registry in registering
the name, or (2) for the resolution of disputes concerning
the domain name. The current Nominet UK terms and conditions
can be found at: http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into two
contracts - one contract with Tucows and/or Reseller and one
contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf
by submitting your application to Nominet for you, however,
you will still be entering into a direct contract between
you and Nominet UK. This is a separate contract from this
agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by accepting
Nominet's terms and conditions you are consenting to Nominet
using your personal data for a variety of reasons. In particular,
your name and address may be published as part of Nominet's
WHOIS look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in accordance
with Nominet UK policies and procedures..
(g) .us domains. In the case of a ".us" registration,
the following terms and conditions will apply:
(i) "DOC" means the United States of America Department
of Commerce.
(ii) us Nexus Requirement. Only those individuals or organizations
that have a substantive lawful connection in the United States
are permitted to register for .usTLD domain names. Registrants
in the .usTLD must satisfy the nexus requirement ("Nexus"
or "Nexus Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and represent
that:
(A) You have and shall continue to have, a bona fide presence
in the United States on the basis of real and substantial
lawful contacts with, or lawful activities in, the United
States as defined in Section (ii) hereinabove;
(B) The listed name servers are located within the United
States;
(C) The data provided in the domain name registration application
is true, correct, up to date and complete, and that you will
continue to keep all of the information provided correct,
up-to-date and complete;
(D) To the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon the
legal rights of a third party;
(E) That the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose
whatsoever;
(F) You have the authority to enter into this Registration
Agreement.
(iv) Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the Dispute
Policy and the usDRP, as defined below, that is incorporated
herein and made a part of this Agreement by reference. Please
take the time to familiarize yourself with these policies.
(A) Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions
of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral
part of this Agreement:
(B) The Nexus Dispute Policy ("Dispute Policy), available
at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an
opportunity to challenge a registration not complying with
the Nexus Requirements.
(C) The usTLD Dispute Resolution Policy ("usDRP")
available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an
opportunity to challenge a registration based on alleged trademark
infringement.
In addition to the foregoing, you agree that, for the adjudication
of disputes concerning or arising from use of the Registered
Name, you shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts
(i) of your domicile, (ii) where Tucows is located, and (iii)
the United States.
(v) Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, the DOC or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a DOC or government-adopted policy,
(1) to correct mistakes by us or the applicable Registry in
registering the name or (2) for the resolution of disputes
concerning the domain name. The Registry Operator's policies
can be found at http://www.neustar.us/policies.
(vi) Indemnity. The DOC shall be added to the parties you
have agreed to indemnify in Section 13 hereinabove.
(vii) Information. As part of the registration process, you
are required to provide us certain information and to update
us promptly as such information changes such that our records
are current, complete and accurate. You are obliged to provide
us the following information:
(A) Your full name, postal address, e-mail address and telephone
number and fax number (if available) (or, if different, that
of the domain name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone
number and fax number (if available) telephone numbers of
the administrative contact, the technical contact and the
billing contact for the domain name;
(D) The IP addresses and names of the primary nameserver
and any secondary nameserver(s) for the domain name;
(E) In addition to the foregoing, you will be required to
provide additional Nexus Information. The Nexus Information
requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration,
is voluntary. Any voluntary information we request is collected
for the purpose of improving the products and services offered
to you through your Reseller.
(viii) Disclosure and Use of the Registration Information.
You agree and acknowledge that we will make domain name registration
information you provide available to the DOC, to the Registry
Operator, and to other third parties as applicable. You further
agree and acknowledge that we may make publicly available,
or directly available to third party vendors, some, or all,
of the domain name registration information you provide, for
purposes of inspection (such as through our WHOIS service)
or other purposes as required or permitted by the DOC and
applicable laws.
You hereby consent to any and all such disclosures and use
of information provided by you in connection with the registration
of a domain name (including any updates to such information),
whether during or after the term of your registration of the
domain name. You hereby irrevocably waive any and all claims
and causes of action you may have arising from such disclosure
or use of your domain name registration information by us.
You may access your domain name registration information
in our possession to review, modify or update such information,
by accessing our domain manager service, or similar service,
made available by us through your Reseller.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible
with the purposes and other limitations which we describe
in this Agreement.
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE
AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
PLEASE READ CAREFULLY. THESE AGREEMENTS
IMPOSE OBLIGATIONS UPON YOU.
For information about our terms of service please email
.
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