1. AGREEMENT. In this Registration Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us" and "our" refer to
Tucows.com Inc. and "Services" refers to the domain name registration
provided by us as offered through DanRegister,
the Registration Service Provider ("RSP"). This Agreement explains
our obligations to you, and explains your obligations to us for
various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best
of the your knowledge and belief, neither the registration of
the SLD name nor the manner in which it is directly or indirectly
used infringes the legal rights of a third party and that the
Domain Name is not being registered for any unlawful purpose.
3. FEES. As consideration for the services you have selected,
you agree to pay to us, or your respective RSP who remits payment
to us on your behalf, the applicable service(s) fees. All fees
payable hereunder are non-refundable. As further consideration
for the Services, you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration
process and (2) maintain and update this information as needed
to keep it current, complete and accurate. All such information
shall be referred to as account information ("Account Information").
You, by completing and submitting this Agreement represent that
the statements in your application are true.
4. TERM. You agree that the Registration Agreement will remain
in full force during the length of the term of your Domain Name
Registration. Should you choose to renew or otherwise lengthen
the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. This Agreement
will remain in full force during the length of the term of your
Domain Name Registration as selected, recorded, and paid for upon
registration of the Domain Name. Should you choose to renew or
otherwise lengthen the term of your Domain Name Registration,
then the term of this Registration Agreement will be extended
accordingly. Should you transfer your domain name or should the
domain name otherwise be transferred due to another Registrar,
the terms and conditions of this contract shall cease and shall
be replaced by the contractual terms in force for the purpose
of registering domain names then in force between SLD holders
and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period of
this Agreement, that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided under
this Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or change
to the service(s) on our web site, or on notification to you by
e-mail or regular mail as per the Notices section of this agreement.
You agree to review our web site, including the Agreement, periodically
to be aware of any such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at
any time by providing us with notice by e-mail or regular mail
as per the Notices section of this agreement. Notice of your termination
will be effective on receipt and processing by us. You agree that,
by continuing to use the Services following notice of any revision
to this Agreement or change in service(s), you shall abide by
any such revisions or changes. You further agree to abide by the
ICANN Uniform Dispute Resolution Policy ("Dispute Policy") as
amended from time to time. You agree that, by maintaining the
reservation or registration of your domain name after modifications
to the Dispute Policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any
such modifications, you may request that your domain name be deleted
from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your Account Identifier
and Password that you selected when you opened your account with
us. Please safeguard your Account Identifier and Password from
any unauthorized use. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policy
which is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be
found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the Dispute
Policy in effect at the time of the dispute. You agree that in
the event a domain name dispute arises with any third party, you
will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. For any dispute, you
agree to submit to the jurisdiction of the courts of The Province
of Ontario.
9. ICANN POLICY. You agree that your registration of the SLD
name shall be subject to suspension, cancellation, or transfer
pursuant to any ICANN-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with an ICANN-adopted policy,
(1) to correct mistakes by Registrar or the Registry in registering
the name or (2) for the resolution of disputes concerning the
SLD name.
10. AGENCY. Should you intend to license use of a domain name
to a third party you shall nonetheless be the SLD holder of record
and are therefore responsible for providing your own full contact
information and for providing and updating accurate technical
and administrative contact information adequate to facilitate
timely resolution of any problems that arise in connection with
the SLD. You shall accept liability for harm caused by wrongful
use of the SLD, unless you promptly disclose the identity of the
licensee to the party providing you reasonable evidence of actionable
harm. You also represent that you have provided notice of the
terms and conditions in this Agreement to the third party and
that the third party agrees to the terms of Disclosure and Use
of Registration Information (sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP reserve the right to distribute
information to you that is pertinent to the quality or operation
of our services and those of our service partners. These announcements
will be predominately informative in nature and may include notices
describing changes, upgrades, new products or other information
to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). We and our
contractors shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability
to use any of the Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law.
We disclaim any and all loss or liability resulting from, but
not limited to: (1) loss or liability resulting from access delays
or access interruptions; (2) loss or liability resulting from
data non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from
the unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the interruption
of your Service. You agree that we will not be liable for any
loss of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including negligence),
or otherwise, even if we have been advised of the possibility
of such damages. In no event shall our maximum liability exceed
five hundred ($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify, and hold us,
our contractors, agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses, including
without limitation Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, including attorney's
fees, of third parties relating to or arising under this Agreement,
the Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using
the Service with your computer, of any intellectual property or
other proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the service(s)
provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute
Policy. When we are threatened with suit by a third party, we
may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result
in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. The person named as administrative
contact at the time the controlling user name and password are
secured shall be the owner of the domain name. You agree that
prior to transferring ownership of your domain name to another
person (the Transferee") you shall require the Transferee to agree,
in writing to be bound by all the terms and conditions of this
Agreement. Your domain name will not be transferred until we receive
such written assurances or other reasonable assurance that the
Transferee has been bound by the contractual terms of this Agreement
(such reasonable assurance as determined by us in our sole discretion)
along with the applicable transfer fee. If the Transferee fails
to be bound in a reasonable fashion (as determine by us in our
sole discretion) to the terms and conditions in this Agreement,
any such transfer will be null and void.
15. BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute
Policy provided by us, may be considered by us to be a material
breach and that we may provide a written notice, describing the
breach, to you. If within thirty (30) calendar days of the date
of such notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations
under the Agreement, then we may delete the registration or reservation
of your domain name. Any such breach by you shall not be deemed
to be excused simply because we did not act earlier in response
to that, or any other breach by you.
16. NO GUARANTY. You agree that, by registration or reservation
of your chosen domain name, such registration or reservation does
not confer immunity from objection to either the registration,
reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our
Services is solely at your own risk. You agree that such Service(s)
is provided on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make
no warranty that the Services will meet your requirements, or
that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that
may be obtained from the use of the Service(s) or as to the accuracy
or reliability of any information obtained through the Service
or that defects in the Service will be corrected. You understand
and agree that any material and/or data downloaded or otherwise
obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty regarding
any goods or services purchased or obtained through the Service
or any transactions entered into through the Service. No advice
or information, whether oral or written, obtained by you from
us or through the Service shall create any warranty not expressly
made herein.
18. INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly
as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following
information:
i) Your name and postal address (or, if different, that of the
domain name holder);
ii) The domain name being registered
iii) The name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the administrative contact
for the domain name.
iv) The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the
domain name.
Any other information which we request from you at registration
is voluntary. Any voluntary information we request is collected
such that we can continue to improve the products and services
offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration information
you provide available to ICANN, to the registry administrators,
and to other third parties as ICANN and applicable laws may require
or permit. You further agree and acknowledge that we may make
publicly available, or directly available to third party vendors,
some, or all, of the domain name registration information you
provide, for purposes of inspection (such as through our WHOIS
service) or other purposes as required or permitted by ICANN and
the applicable laws.
You hereby consent to any and all such disclosures and use of,
and guidelines, limits and restrictions on disclosure or use of,
information provided by you in connection with the registration
of a domain name (including any updates to such information),
whether during or after the term of your registration of the domain
name. You hereby irrevocably waive any and all claims and causes
of action you may have arising from such disclosure or use of
your domain name registration information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available
by us through your RSP.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible with
the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized access
or disclosure, alteration or destruction of that information.
20. REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen calendar
days to inquiries by us concerning the accuracy of contact details
associated with the your registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the
SLD registration.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the
right to refuse to register or reserve your chosen domain name
or register you for other Services within thirty (30) calendar
days from receipt of your payment for such services. In the event
we do not register or reserve your domain name or register you
for other Services, or we delete your domain name or other Services
within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result from our refusal to
register, reserve, or delete your domain name or register you
for other Services.
22. SEVERABILITY. You agree that the terms of this Agreement
are severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions
will remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require performance by you of
any provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver
by us of a breach of any provision hereof be taken or held to
be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending
it via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an
electronic confirmation of delivery has been obtained by the sender.
In the case of e-mail notification to us or to the RSP to lhutz@Tucows.com or support@danregister.com
or, in the case of notice to you, at the e-mail address provided
by you in your WHOIS record. Any e-mail communication shall be
deemed to have been validly and effectively given on the date
of such communication, if such date is a business day and such
delivery was made prior to 4:00 p.m. EST, otherwise it will be
deemed to have been delivered on the next business day. In the
case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given 5 business days after the date
of mailing and, in the case of notification to us or to the RSP
shall be sent to:
Tucows.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
- OR -
DanRegister
3-20-4-202 Tokiwa-cho
Sakai, Osaka, Japan
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO
AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE
TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS
AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT
TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to enter into
this Agreement.
29. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND
ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT., GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.