APPENDIX A
Form of Registration Agreement
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
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. 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. 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.shtmlnic.cc/policies/dispute.html .
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. 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.
9. 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.
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 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.
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 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.
13. 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.
14. 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.
15. TRANSFER OF OWNERSHIP. The
person named as registrant at the time the 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.
16. 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.
17. 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.
18. 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.
19. 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
for the purpose of improving the products and services offered
to you through your RSP.
20. 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.
21. 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 (15) 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 domain name registration.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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 .
29. INFANCY. You attest that you are of legal
age to enter into this Agreement.
30. 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.
31. 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.
32. 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. |