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 CinoFusion, the Registration
Service Provider ("Reseller"). 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 Reseller 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 breach of this Section 3 will constitute
a material breach of our Agreement which will entitle either us or the
Registry to terminate this agreement immediately upon such breach without
any refund and without notice to you.
4.
TERM. 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,
the term of this Registration Agreement will 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 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.icann.org/udrp/udrp-policy-24oct99.htm
and as such 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.icann.org/udrp/udrp-policy-24oct99.htm.
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. For any dispute, you agree to submit
to the jurisdiction of the courts of the Province of Ontario.
9.
POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Tucows,
Registry, ICANN or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, Registry, ICANN
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.
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). 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.
13.
INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors and affiliates and VeriSign,
Inc., and its directors, officers, employees, agents and affiliates
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
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. This indemnification obligation
will survive the termination or expiration of this Agreement.
14.
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.
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 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; and
(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 Reseller.
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 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, 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
Reseller.
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
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.
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 regular mail. 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 notification
to us or to Reseller to lhutz@tucows.com or [Insert E-mail Address for
Reseller] 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 Reseller shall be sent to:
TUCOWS Inc.
Registrant Affairs Office
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.
29.
FORCE MAJEURE. You acknowledge and agree that neither we nor the Registry
shall be responsible for any failures or delays 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.
30.
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.
31.
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.
