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 .tv domain name registration
provided by us as offered through zwnet.com ("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 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 have selected, you agree to pay 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. Failure to
maintain accurate information will be considered a material breach
of this Agreement and will entitle us to delete your domain name
registration.
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 we 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 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.
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.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. 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.
9. POLICY . You agree that your registration
of the .tv domain name shall be subject to suspension, cancellation,
or transfer pursuant to any ICANN or government adopted policy,
or pursuant to any Registrar or registry procedure not inconsistent
with an ICANN or government-adopted policy, (1) to correct mistakes
by us or the applicable Registry in registering the name or (2)
for the resolution of disputes concerning the domain name. You
acknowledge that you have reviewed the .tv General Terms of Service
which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
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 a 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
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.
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,
affiliates and third party beneficiaires 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. TRANSFER OF OWNERSHIP. The
person named as administrative contact 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). 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 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.
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
for the purpose of improving the products and services offered
to you through your RSP.
19. DISCLOSURE AND
US E 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.
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 (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.
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. 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.
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 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. 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
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.
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.
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. |