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Form of Registration Agreement
- AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain
name registration, "we", “us" and "our" refer to TUCOWS
Inc. and “Services” refers to the domain name registration
provided by us as offered through (“RSP”). This Agreement
explains our obligations to you, and explains your obligations
to us for the Services.
- SELECTION OF A DOMAIN NAME. You represent that,
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.
- FEES. As consideration for the Services, you agree
to pay the RSP 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"). By submitting
this Agreement, you represent that the Account Information
and all other statements put forth in your application are
true, complete and accurate. Both Tucows and the Registry
reserve 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 violation of this Section
3 will constitute a material breach of this agreement which
will entitle either us or the Registry to terminate this
agreement immediately without any refund and without notice
to you.
- TERM. This Agreement shall remain in full force
during the length of the term of your domain name registration(s)
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 shall be extended
accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall
cease.
- MODIFICATIONS TO AGREEMENT. You agree that either
we or the Registry may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any such
revision or change will which shall be effective immediately
upon posting on our web site or upon notification to you
by e-mail or your country’s postal service pursuant to the
Notices section of this Agreement. You agree to review this
Agreement as posted on our web site periodically to maintain
an awareness of any and all 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 postal service pursuant to the Notices section
of this Agreement. Notice of your termination shall be effective
after processing by us. You agree that, by continuing the
use of Services following notice of any revision to this
Agreement or change in service(s), you shall be bound by
any such revisions and changes. You further agree to be
bound by the Registry dispute policy (“Dispute Policy”)
as presently written and posted on http://www.nic.cc/policies/dispute.html
and as shall be amended from time to time. 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.
- 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. 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.
- 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.
- 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. 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. You acknowledge that neither
we nor the Registry screen or otherwise review your domain
name application to verify that you have the legal right
to use a particular word or term. You are strongly encouraged
to perform a trademark search with respect to the words
and/or phrases comprising your domain name prior to applying
for registration of the domain. You agree that you will
be solely liable in the event that your use of a domain
constitutes an infringement or other violation of a third
party’s rights.
- POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation,
or transfer pursuant to a Tucows, Registry, regulatory or
government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, Registry,
regulatory or government-adopted policy, (1) to correct
mistakes by us or the Registry in registering the name,
or (2) for the resolution of disputes concerning the domain
name. 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.
- 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 have provided
notice of the terms and conditions in this Agreement to
any third party licensee and that the third party agrees
to the terms hereof.
- 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.
- 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). Neither we nor our contractors or third
party beneficiaries, including but not limited to Verisign,
Inc. and eNic Corporation, shall 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 jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, in
such jurisdictions, 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.
- INDEMNITY. You agree to release, indemnify, and
hold us, our contractors, agents, employees, officers, directors,
affiliates and third party beneficiaries, including but
not limited to Verisign, Inc. and eNic Corporation, harmless
from all liabilities, claims and expenses, 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 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 shall be a
breach of your Agreement and may result in deactivation
of your domain name.
- SCOPE OF REGISTRATION. You will be entitled to
exclusive use of the domain name during the term of the
registration. Notwithstanding the foregoing, you shall not
use, display, exploit or register a domain name which action
may constitute illegal activity or be in contravention or
violation of a Tucows or Registry policy. You acknowledge
that a breach of this clause will constitute a material
breach of this agreement which will entitle either Tucows
or the Registry to terminate this agreement immediately
upon such breach without any refund. In addition, both we
and/or the Registry may, in our sole discretion, refuse
registration of your desired domain name within thirty (30)
calendar days from receipt of payment. Neither Tucows nor
the Registry shall be liable for any loss, damage or other
injury whatsoever resulting from any refusal to register
your desired domain name.
- 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
user name 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. 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.
- BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy
or the Dispute Policy, 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 fifteen (15) 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.
- NO GUARANTY. You acknowledge that registration
or reservation of your chosen domain name does not confer
immunity from objection to either the registration, reservation,
or use of the domain name.
- 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.
- 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:
- Your name and postal address (or, if different, that
of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the administrative
contact for the domain name;
- 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
for the purpose of improving the products and services offered
to you through your RSP.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that either we and/or the Registry
may make directly available to third parties or publicly
available, some or all, of the Account Information for inspection
through our WHOIS service and for any other purposes as
may be required or permitted by applicable laws or policies.
You hereby irrevocably waive and release Tucows and/or the
Registry from any and all claims and causes of action you
may have arising from any disclosure, use, or unauthorized
access of your Account Information.
- REVOCATION. 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 the ICANN Agreement or an
ICANN/Registry Operator policy.
- 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. 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.
We reserve the right to delete or transfer your domain name
within a thirty (30) day period following registration if
we believe the registration has been made possible by a
mistake, made either by us or by a third party.
- 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.
- 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.
- 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.
- 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 postal service. 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, notifications
must be sent to us at lhutz@tucows.com,
or in the case of notification to you, 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. E.S.T.,
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 and,
in the case of notification to us or to RSP shall be sent
to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the “Administrative Contact” in your WHOIS
record.
- 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.
- 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.
- INFANCY. You attest that you are of legal age to
enter into this Agreement.
- FORCE MAJEURE. You acknowledge and agree that neither
we nor the Registry shall be responsible for any failure
or delay 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.
- FOREIGN LANGUAGE; 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.
- 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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