|  |
 |
 |
Back to previous
page
SCHEDULE A
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain name
registration and/or recipient of email forwarding services,
"we", "us" and "our" refer to TUCOWS Inc., "Registry Operator"
refers to The Global Name Registry Ltd. and "Services" refers
to the domain name registration and email forwarding provided
by us as offered through Webcore Technologies, Inc. ("RSP").
This Agreement explains our obligations to you, and explains
your obligations to us for various Services.
2. .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.
3. .name REPRESENTATIONS. As a .name domain name Registrant,
you hereby represent that:
- the registered domain name or second level domain ("SLD")
email address is your Personal Name.
- 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,
- 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;
- that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose
whatsoever;
- the registration satisfies the Eligibility Requirements
found at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and
- you have the authority to enter into this Registration
Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services for which you have registered may, at your
option, include email forwarding. To the extent you opt to use
email forwarding, you are obliged to do so in accordance with
all applicable legislation and are responsible for all use of
email forwarding, including the content of messages sent through
email forwarding.
(ii) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet
and email usage. This includes, but is not limited to the Acceptable
Use Policy, available at http://www.theglobalname.org/
as well as the following restrictions. Without prejudice to
the foregoing, you undertake not to use email 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 email, 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
email forwarding.
(iii) Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with
a history of abuse from entering Registry Operator's email forwarding.
However, due to the nature of such systems, which actively block
messages, Registry Operator 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.
(iv) You understand and agree that Registry Operator may delete
material that does not conform to clause (c) above or that in
some other way constitutes a misuse of email forwarding. You
further understand and agree that Registry Operator is at liberty
to block your access to email forwarding if you use email forwarding
in a way that contravenes this Agreement. You will be given
prior warning of discontinuation of the email forwarding unless
it would damage the reputation of Registry Operator or jeopardize
the security of Registry Operator or others to do so. Registry
Operator reserves the right to immediately discontinue email
forwarding without notice if the technical stability of email
forwarding is threatened in any way, or if you are in breach
of this Agreement. On discontinuing email forwarding, Registry
Operator is not obliged to store any contents or to forward
unsent email to you or a third party.
(v) You understand and agree that to the extent either we and/or
Registry Operator is required by law to disclose certain information
or material in connection with your email forwarding, either
we and/or Registry Operator will do so in accordance with such
requirement and without notice to you.
5. FEES. As consideration for the Services you have selected,
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 statements in your Application are true, complete and accurate.
6. 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.
7. MODIFICATIONS TO AGREEMENT. You agree that we may
in our sole discretion: (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 ICANN Uniform Dispute Resolution Policy ("Dispute Policy")
as presently written and posted on http://www.opensrs.org/legal/udrp.shtml
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.
We will not refund any fees paid by you if you terminate your
agreement with us.
8. 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. You will not be able to transfer your
domain name during the first sixty (60) days following registration
of the domain name with us. Beginning on the sixty-first (61st)
day following the registration, the policies set forth at: http://www.opensrs.org/dotname_info.shtml
shall apply.
9. 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.opensrs.org/legal/udrp.shtml.
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.
- the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
- the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
- the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain
names and Personal Name SLD email addresses will be granted
on a first-come, first-served basis, except for registrations
granted as a result of a dispute resolution proceeding or during
the landrush procedures in connection with the opening of the
Registry TLD. 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.
The ERDRP applies to challenges to (i) registered domain names
and SLD email 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
Operator) within .name.
The UDRP sets forth the terms and conditions in connection with
a dispute between a Registrant and party other than Global Name
Registry ("Registry Operator") or Registrar over the registration
and use of an Internet domain name registered by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree
that we, in our sole discretion, may modify our dispute policy.
We will post any such revised policy on our Web site at least
thirty (30) calendar days before it becomes effective. You agree
that, by maintaining the reservation or registration of your
domain name or SLD email address 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 modification,
you may terminate this Agreement. We will not refund any fees
paid by you if you terminate your Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that, if your use
of our domain name registration services is challenged by a
third party, you will be subject to the provisions specified
in our 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 set forth below in this agreement.
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.
12. POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, 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.
13. 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 a third party licensee and that the third
party agrees to the terms hereof.
14. 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.
15. 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
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
miss-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.
You agree that neither we nor the Registry Operator will have
any liability of any kind for any loss or liability resulting
from (i) the processing of registration requests prior to live
SRS launch, including, without limitation, your ability or inability
to obtain a .name domain name or SLD email address registration
using these processes; or (ii) any dispute over any .name domain
name, SLD email address, Defensive Registration or NameWatch
Registration (as defined by the Registry Operator), including
the decision of any dispute resolution proceeding related to
any of the foregoing.
16. INDEMNITY. You agree to release, indemnify, and hold
us, the Registry Operator, our contractors, agents, employees,
officers, directors, affiliates and third party beneficiaries
harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising out
of or relating to the domain name registered 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 both
us and the Registry Operator harmless pursuant to the terms
and conditions contained in the Dispute Policies. 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. This indemnification
obligation will survive the termination or expiration of this
Agreement.
17. 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. You acknowledge that you will not be entitled
to change registrars during the first sixty (60) days following
the registration of your domain name.
18. 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 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.
19. 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.
20. 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.
21. 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 full name, postal address, e-mail address and voice
telephone number and fax number (if available) (or, if different,
that of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice telephone
number and fax number (if available) telephone numbers of
the administrative contact, the technical contact and the
billing contact for the domain name;
- The IP addresses and names of the primary nameserver and
any secondary nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data
will be publicly available and accessible on the Whois directory
as required by ICANN and may be sold in bulk in accordance with
ICANN policy. You further understand and agree that the foregoing
registration data may be transferred internationally.
22. 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 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.
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 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 accessor
disclosure, alteration or destruction of that information.
23. 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 your 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.
24. RIGHT OF REFUSAL. We, and/or Registry Operator, in
our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other
Services, to protect the integrity and stability of the Registry,
to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with the dispute
resolution process, or to avoid any liability, civil or criminal,
on our part and/or that of the Registry Operator, as well as
our affiliates, subsidiaries, officers, directors and employees.
We and the Registry Operator reserve the right to suspend a
domain name during the resolution of a dispute.
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 a 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.
25. We reserve the right to delete or transfer your domain
name following registration if we believe the registration has
been made possible by a mistake, made either by us or by a third
party.
26. 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.
27. NON-AGENCY. Nothing contained in this Agreement or
the Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
28. 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.
29. 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 be 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. 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 RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
CANADA
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
30. ENTIRETY. You agree that this Agreement, the rules
and policies published by Tucows, ICANN and/or the Registry
Operator 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.
31. 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.
32. INFANCY. You attest that you are of legal age to
enter into this Agreement.
33. 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.
|
|
| |
|
|
| |
|
|
|
|
|
