1. IN THIS REGISTRATION AGREEMENT ("Agreement"), "Registrant", "you" and "your" refers
to the Registrant of each domain name registration, "we", "us" and "our" refers
to Tucows.com Co., and "Services" refers to the domain name registration
services provided by us as offered through HostSellers, the Registration
Service Provider ("Reseller"). Any reference to a "registry," "Registry" or "Registry
Operator" shall refer to the registry administrator of the applicable
TLD or ccTLD. This Agreement explains our obligations to you, and
explains your obligations to us for the Services. By agreeing to
the terms and conditions set forth in this Agreement, you are also
agreeing to be bound by the rules and regulations set forth by
a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree
that we cannot guarantee that you will obtain a desired domain
name registration, even if an inquiry indicates that a domain name
is available at the time of your application for same. You represent
that, to the best of the your knowledge and belief, neither the
registration of the 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. During the period following registration of a domain name
and the appointment of active name servers, we may post a stagnant
web page and any revenues generated from same shall be for our
own account.
3. FEES. As consideration for the Services, you agree to
pay Reseller the applicable service(s) fees prior to the effectiveness
of a desired domain name registration or any renewal thereof. All
fees payable hereunder are non-refundable even if your domain name
registration is suspended, cancelled or transferred prior to the
end of your current registration term. 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 represent that the Account Information and all other statements
put forth in your application are true, complete and accurate.
Both Tucows and each registry reserves 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 a registry to terminate this Agreement immediately
upon such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the
term of your domain name registration as selected, recorded and
paid for at the time of registration or any renewal thereof. Should
the domain name be transferred to another registrar, the terms
and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the
practice of registering and administering domain names is constantly
evolving; therefore, you agree that Tucows may modify this Agreement,
or any other related and/or applicable agreement, as is necessary
to comply with its agreements with ICANN, a registry or any other
entity or individual, as well as to adjust to changing circumstances.
All amendments to this Agreement will be posted on our website.
Your continued use of the domain name registered to you will constitute
your acceptance of this Agreement with any revisions. If you do
not agree to any change, you may request that your domain name
registration be cancelled or transferred to a different accredited
registrar. You agree that such cancellation or request for transfer
will be your exclusive remedy if you do not wish to abide by any
change to this Agreement, or any other related and/or applicable
agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any
of your account information with us, you must use the 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. 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.
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 adopted by the applicable registry. 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 applicable policy. If Tucows is notified that
a complaint has been filed with a judicial or administrative body
regarding your domain name, Tucows may, at its sole discretion,
suspend your ability to use your domain name or to make modifications
to your registration records until (i) Tucows is directed to do
so by the judicial or administrative body, or (ii) Tucows receives
notification by you and the other party contesting your domain
that the dispute has been settled. Furthermore, you agree that
if you are subject to litigation regarding your registration or
use of your domain name, Tucows may deposit control of your registration
record into the registry of the judicial body by supplying a party
with a registrar certificate from us.
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 a 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 will secure
the agreement of any third party to the terms and conditions in
this Agreement
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 the initial registration of
your domain name. Tucows and its directors, employees, affiliates,
subsidiaries, agents and third party providers, ICANN and the applicable
registries 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
Tucows, its contractors, agents, employees, officers, directors
and affiliates, ICANN, the applicable registries and their respective
directors, officers, employees, agents and affiliates harmless
from all liabilities, claims and expenses, including attorney's
fees, of third parties arising out of or relating to the registration
or use of the domain name registered in your name, whether used
by yourself, licensed to a third party or pursuant to the Whois
Privacy Service, including without limitation infringement by you
or a third party with access to your Account Identifier and Password.
You also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the applicable 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 the suspension
or cancellation 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 account identifier
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.
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. RENEWALS AND FORFEITURE. Domain names are registered
for a finite period of time. You will receive reminders immediately
prior to the expiration of your registration inviting you to renew
your domain name. In the event that you fail to renew your domain
name in a timely fashion, your registration will expire and we
may, at our discretion, elect to assume the registration and may
hold it for our own account, delete it or we may sell it to a third
party. You acknowledge and agree that your right and interest in
a domain name ceases upon its expiration and that any expired domain
name may be made available for registration by a third party.
If you fail to renew your registration, your domain name may cease
to resolve and visitors to your site may be redirected to a default
page informing them that the site is no longer in service. This
parked or default page may feature advertisements posted by us
for our own account.
If we have elected to renew the registration, you will be entitled
to a grace period during which you may re-register the domain name
from us. Additional costs may apply. During this grace period,
we may post a parked page and/or may revise the "Whois" registration
records to include either our information or that of your Reseller.
The domain name may also be listed for auction. If the name is
sold during any such auction, it will be acquired by a third party
on a provisional basis and will remain available for re-registration
by you during our stated grace period. If you do not re-register
the domain name during the grace period, the auction sale will
be concluded.
If you fail to renew your domain name registration during the grace
period, you acknowledge that you have abandoned the domain name
and that it is available for sale and registration by any third
party.
16. 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.
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:
(a)
your name and postal address (or, if different,
that of the domain name holder);
(b)
the domain name being registered;
(c)
the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the administrative
contact for the domain name;
(d)
the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the billing contact
for the domain name; and
(e)
the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the technical contact
for the domain name.
Any voluntary information we request is collected in order 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,
law enforcement agencies 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.
(a)
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.
(b)
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.
(c)
We will not process or maintain 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.
(d)
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized disclosure,
alteration or destruction of that information.
20. OBLIGATION TO MAINTAIN WHOIS. 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 ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the
right to deny, cancel, suspend, transfer or modify any domain name
registration to correct a mistake, protect the integrity and stability
of the company and any applicable registry, to comply with any
applicable laws, government rules, or requirements, requests of
law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal. You agree that we
shall not be liable to you for loss or damages that may result
from our refusal to register or cancel, suspend, transfer or modify
your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event
that this Agreement may be inconsistent with any term, condition,
policy or procedure of an applicable registry, the term, condition,
policy or procedure of the applicable registry shall prevail.
23. 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.
24. 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. E-mail
notification to Tucows must be sent to lhutz@tucows.com. Any notice
to you will be sent 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
five (5) business days after the date of mailing Postal notices
to Tucows shall be sent to:
and in the case of notification to you shall be sent to the address
specified in the "Administrative Contact" in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable
dispute policy and the rules and policies published by Tucows and
any applicable registry or other governing authority, are the complete
and exclusive agreement between you and us regarding our Services.
26. 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.
27. INFANCY. You attest that you are of legal age to enter
into this Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither
we nor the applicable 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.
29. PRIVACY. Information collected about you is subject
to the terms of Tucows" privacy policy, the terms of which are
hereby incorporated by reference. Tucows" privacy policy can be
found at: http://www.tucows.com/privacy.html
30. 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. TLD"S. The following additional provisions apply to
any domain names that you register through Tucows with the various
registries:
(a)
.com/net Domains: In the case of a ".com" or ".net" registration,
the following terms and conditions will apply:
(i)
Submission to UDRP. Registrant agrees
to submit to proceedings under ICANN's Uniform Domain
Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry;
these policies are subject to modification;
(ii)
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
(b)
.org Domains: In the case of a ".org" registration,
the following terms and conditions will apply:
(i)
Submission to UDRP. Registrant agrees
to submit to proceedings under ICANN's Uniform Dom
ain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification;
(ii)
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
(c)
.info Domains: In the case of a ".info" registration,
the following terms and conditions will apply:
(i)
Registrant's Personal Data. You consent
to the use, copying, distribution, publication, modification,
and other processing of Registrant's personal data
by Afilias, the .INFO registry, and its designees and
agents, in a manner consistent with the purposes specified
pursuant to its contract;
(ii)
Submission to UDRP. Registrant agrees
to submit to proceedings under ICANN's Uniform Domain
Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification;
(iii)
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario;
(iv)
Reservation of Rights. Tucows and Afilias
expressly reserve the right to deny, cancel, transfer,
or modify any registration that either registrar or
Afilias deems necessary, at its discretion, to protect
the integrity and stability of the registry, to comply
with any applicable law, any government rule or requirement,
any request of law enforcement, any dispute resolution
process, or to avoid any liability, civil or criminal,
on the part of the registrar and/or Afilias, as well
as their affiliates, subsidiaries, executives, directors,
officers, managers, employees, consultants, and agents.
The registrar and Afilias also reserve the right to
suspend a domain name or its registration data during
resolution of a dispute.
(d)
.biz Domains. In the case of a ".biz" registration,
the following terms and conditions will apply:
(i)
.biz Restrictions. Registrations in the
.biz top-level domain must be used or intended to be
used primarily for bona fide business or commercial
purposes. For the purposes of the .biz registration
restrictions, "bona fide business or commercial use" shall
mean the bona fide use or bona fide intent to use the
domain name or any content, software, materials, graphics
or other information thereon, to permit Internet users
to access one or more host computers through the DNS:
(A)
to exchange goods, services, or
property of any kind;
(B)
in the ordinary course of business;
or
(C)
to facilitate (i) the exchange
of goods, services, information or property of
any kind; or (ii) the ordinary course of trade
or business.
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,
up-to-date and complete;
(B)
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;
(C)
that the domain name is not being
registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever;
(D)
the registered domain name will
be used primarily for bona fide business or commercial
purposes and not (a) exclusively for personal
use, or (b) solely for the purposes of (1) selling,
trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade
or lease the domain name for compensation;
(E)
you have the authority to enter
into this Registration Agreement; and
(F)
the registered domain name is
reasonably related to your business or intended
commercial purpose at the time of registration.
(iii)
Provision of Registration Data. As part
of the registration process, you are required to provide
us with certain information and to keep the information
true, current, complete, and accurate at all times.
The information includes the following:
(A)
your full name;
(B)
your postal address;
(C)
your e-mail address;
(D)
your voice telephone number;
(E)
your fax number (if applicable);
(F)
the name of an authorized person
for contact purposes in the case of a registrant
that is an organization, association, or corporation;
(G)
the IP addresses of the primary
nameserver and any secondary nameserver for the
domain name;
(H)
the corresponding names of the
primary and secondary nameservers;
(I)
the full name, postal address,
e-mail address, voice telephone number, and,
when available, fax number of the administrative,
technical, and billing contacts, and the name
holder for the domain name; and
(J)
any remark concerning the domain
name that should appear in the Whois directory.
(K)
You agree and understand that the
foregoing registration data will be publicly
available and accessible on the Whois directory
as required by ICANN and/or registry policies,
and may be sold in bulk in accordance with the
ICANN agreement.
(iv)
Domain Name Disputes. You acknowledge
having 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 Dispute Policy sets forth the terms
and conditions in connection with a dispute between
a Registrant and any party other than the Registry
or Registrar over the registration and use of an Internet
domain name registered by Registrant.
(vi)
The RDRP sets forth the terms under which
any allegation that a domain name is not used primarily
for business or commercial purposes shall be endorsed
on a case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider.
(vii)
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
(e)
.name Domains. In the case of a ".name" registration,
the following terms and conditions will apply:
(i)
.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.
(ii)
.name Representations. As a .name domain
name registrant, you hereby represent that:
(A)
the registered domain name or second
level domain ("SLD") e-mail address is your Personal
Name.
(B)
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,
(C)
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;
(D)
that the domain name is not being
registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever;
you have the authority to enter
into this Registration Agreement.
(iii)
E-mail Forwarding Services. The
Services for which you have registered may, at your
option, include e-mail forwarding. To the extent you
opt to use e-mail forwarding, you are obliged to do
so in accordance with all applicable legislation and
are responsible for all use of e-mail forwarding, including
the content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules
for Internet and e-mail usage. This includes, but is
not limited to the Acceptable Use Policy, available
at http://www.nic.name/downloads/aup.pdf as
well as the following restrictions. Without prejudice
to the foregoing, you undertake not to use e-mail 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
e-mail, 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 e-mail forwarding.
(iv)
Registry reserves the right to implement
additional anti-spam measures, to block spam or mail
from systems with a history of abuse from entering
Registry's e-mail forwarding. However, due to the nature
of such systems, which actively block messages, Registry
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.
(v)
You understand and agree that Registry
may delete material that does not conform to clause
(c) above or that in some other way constitutes a misuse
of e-mail forwarding. You further understand and agree
that Registry is at liberty to block your access to
e-mail forwarding if you use e-mail forwarding in a
way that contravenes this Agreement. You will be given
prior warning of discontinuation of the e-mail forwarding
unless it would damage the reputation of Registry or
jeopardize the security of Registry or others to do
so. Registry reserves the right to immediately discontinue
e-mail forwarding without notice if the technical stability
of e-mail forwarding is threatened in any way, or if
you are in breach of this Agreement. On discontinuing
e-mail forwarding, Registry is not obliged to store
any contents or to forward unsent e-mail to you or
a third party.
(vi)
You understand and agree that to the
extent either we and/or Registry is required by law
to disclose certain information or material in connection
with your e-mail forwarding, either we and/or Registry
will do so in accordance with such requirement and
without notice to you.
(vii)
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.
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 dictate
that Personal Name domain names and Personal Name SLD
e-mail addresses will be granted on a first-come, first-served
basis. 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.
(ix)
The ERDRP applies to challenges to (i)
registered domain names and SLD e-mail 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)
within .name.
(x)
The UDRP sets forth the terms and conditions
in connection with a dispute between a Registrant and
party other than the Registry or Tucows over the registration
and use of an Internet domain name registered by a
Registrant.
(xi)
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
32. ccTLD"S
(a)
.at Domains. In the case of a ".at" registration,
the following terms and conditions will apply:
(i)
Registry Policy. 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.at/en/service/legal_information/terms_conditions/.
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.
(b)
.be Domains. In the case of a ".be" registration,
the following terms and conditions will apply:
(i)
Registry Policy. 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.dns.be/en/home.php"n=51.
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.
(ii)
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 .be 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.dns.be/en/home.php"n=53.
(c)
.ca Domains. In the case of a ".ca" registration,
the following terms and conditions will apply:
(i)
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.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this
policy.
(ii)
Registry Policy. You agree that your
registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Registry
adopted policy, (1) to correct mistakes by Tucows or
the Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
(iii)
Transfer of Ownership. Any transfer of
ownership in and to a domain name registration shall
be affected in accordance with registry policies and
procedures.
(iv)
Registry Agreement and Policy. You acknowledge
and understand that by accepting the terms and conditions
of this agreement you shall be bound by the Registry's
Registrant Agreement, the Registry's 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.cira.ca/en/doc_Registrar.html.
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
agreement or policy, your sole remedy is to cancel
your domain name registration by following the appropriate
Registry policy regarding such cancellation.
(v)
You acknowledge and agree that the Registry
shall not be liable to you for any loss, damage, or
expense arising out of the Registry's failure or refusal
to register a domain name, it's failure or refusal
to renew a domain name registration, it's registration
of a domain name, it's failure or refusal to renew
a domain name registration, it's renewal of a domain
name registration, it's failure or refusal to transfer
a domain name registration, it's transfer of a domain
name registration, it's failure or refusal to maintain
or modify a domain name registration, it's maintenance
of a domain name registration, it's modification of
a domain name registration, it's failure to cancel
a domain name registration or it's cancellation of
a domain name registration from the Registry;
(d)
.cc Domains. In the case of a ".cc" registration,
the following terms and conditions will apply:
(i)
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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this
policy.
(ii)
Registry Policy. 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.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
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.
(e)
.ch Domains. In the case of a ".ch" registration,
the following terms and conditions shall apply:
(i)
Registry Policy. 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.switch.ch/id/terms.
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.
(ii)
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 .ch 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.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this
policy.
(f)
.cn Domains. In the case of a ".cn" registration,
the following terms and conditions shall apply:
(i)
"Registry" means the China Internet Network
Information Center, which is the authority responsible
for the administration of the national top-level domain
of the People's Republic of China and the Chinese domain
name system;
(ii)
"Registry Gateway" means the service
provided by the Registry Operator that facilitates
the registration of .cn domain names by registrars
operating outside of the People's Republic of China;
(iii)
"Registry Operator" means Neustar, Inc.,
the company authorized to facilitate the registration
of .cn domain names by registrars operating outside
of the People's Republic of China.
(iv)
Restrictions. You agree that you shall
not register or use a domain name that is deemed by
CNNIC to:
(A)
be against the basic principles
prescribed in the Constitution of the Peoples
Republic of China ("PRC");
(B)
jeopardize national security, leak
state secrets, intend to overturn the government
or disrupt the integrity of the PRC;
(C)
harm national honour and national
interests of the PRC;
(D)
instigate hostility or discrimination
between different nationalities or disrupt the
national solidarity of the PRC;
(E)
spread rumours, disturb public
order or disrupt social stability of the PRC;
(F)
spread pornography, obscenity,
gambling, violence, homicide, terror or instigate
crimes in the PRC;
(G)
insult, libel against others and
infringe other people's legal rights and interests
in the PRC; or
(H)
take any other action prohibited
in laws, rules and administrative regulations
of the PRC.
(v)
Business or Organization Representation.
.cn domain name registrations are intended for businesses
and organizations and not for individual use. By registering
a .cn name, you accordingly represent that you have
registered the domain name on behalf or a business
or organization. It should be noted that, although
.cn policy is permissive in terms of registration,
and enforcement is generally in reaction to a complaint
(as opposed to proactive review), registrations that
are not associated with an organization or business
may be subject to deletion. The foregoing prevents
an individual from registering a .cn domain name for
a business operating as a sole proprietorship.
(vi)
Domain Name Disputes. You acknowledge
having read and understood and agree to be bound by
the terms and conditions of the CNNIC Domain Name Dispute
Policy & Rules for CNNIC Dispute Resolution Policy
("Dispute Policy"), as they may be amended from time
to time, which are hereby incorporated and made an
integral part of this Agreement. The Dispute Policy
is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii)
You acknowledge that, pursuant to the
Dispute Policy, Registrars must comply with all reasonable
requests from the applicable domain name dispute resolution
institutions including the provision of all relevant
evidence in any domain name disputes in the specified
time frames.
(viii)
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.
(ix)
Adherence to Policies. You agree to comply
with all applicable laws, regulations and policies
of the Peoples Republic of China's governmental agencies
and the China Internet Network Information Centre ("CNNIC"),
including but not limited to the following rules and
regulations:
You acknowledge that you have read and
understood and agree to be bound by the terms and conditions
of the policies of the CNNIC, as they may be amended
from time to time.
(x)
Suspension and Cancellation. You agree
that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant
to any Tucows, Registry Operator, CNNIC or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering
the name, (2) for the resolution of disputes concerning
the domain name, (3) to protect the integrity and stability
of the registry, (4) to comply with any applicable
laws, government rules or requirements, requests of
aw enforcement, (5) to avoid any liability, civil or
criminal, on the part of Tucows, Registry Operator
or CNNIC, as well as their affiliates, subsidiaries,
directors, representatives, employees and stockholders
or (6) for violations of this Agreement. Tucows, Registry
Operator and CNNIC also reserve the right to "freeze" a
domain name during the resolution of a dispute.
(xi)
Jurisdiction. For the adjudication of
disputes concerning or arising from use of the domain
name, the Registrant shall submit, without prejudice
to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's
domicile, (2) where Tucows is located, and (3) the
People's Republic of China.
(xii)
Governing Law. For the adjudication of
a dispute concerning or arising from use of a .cn domain,
such dispute will be governed under the Laws of the
Peoples Republic of China.
(g)
.de Domains. In the case of a ".de" registration,
the following terms and conditions will apply:
(i)
Selection of a Domain Name. You represent
that:
(A)
you have reviewed and have accepted
the Registry's Terms and Conditions and the Registry's
Guidelines and have provided your Reseller with
written confirmation of same;you have reviewed
and have accepted the Registry's Terms and Conditions
and the Registry's Guidelines and have provided
your Reseller with written confirmation of same;
(B)
either you, or the person designated
as the administrative contact for the domain
name, shall be resident or shall have a branch
in Germany;
(C)
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.
(ii)
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 by the Registry or any
court of law. 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 specified by the Registry or any court
of law.
(iii)
Registry Policies. You agree to be bound
by the Registry's Registration Terms and Conditions
and the Registration Guidelines. English language translations
of the Registry's documents are provided for convenience;
in the event of a discrepancy between the English and
the German language agreements, the terms of the German
agreement will prevail. The Registry documents may
be found at:
.es domains. In the case of a ".es" registration,
the following terms and conditions will apply: Registry Policies.
(i)
You agree that your reseller and Tucows
shall, jointly and severally be authorized to act in
your name before the Registry in order that we may
implement your instructions and accordingly agree to
the terms found in the outlined at http://resellers.tucows.com/wholesale_services/domain_names/es/ANNEXIII_2006.pdf
(ii)
You agree to be bound by the Registry’s
Registration Terms and Conditions and the Registration
Guidelines. English language translations of the Registry’s
documents are provided for convenience; in the event
of a discrepancy between the English and the Spanish
language agreements, the terms of the Spanish agreement
will prevail. The Registry documents may be found at:
.eu domains. In the case of a ".eu" registration,
the following terms and conditions will apply:
(i)
Eligibility Criteria. .eu domain names
are available for registration to companies and persons
who fulfill the following criteria. As a condition
of registration, you accordingly represent that you
are:
(A)
an undertaking having its registered
office, central administration or principal place
of business within the European Community;
(B)
an organization established within
the European Community without prejudice to the
application of national law, or
(C)
a natural person resident within
the European Community.
(ii)
Registry Policy. 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. Registration policies of the Registry and
the terms and conditions applicable to your .eu registration
may be found at: http://www.eurid.eu/en/general/launch.
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.
(iii)
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 by the Registry or any
court of law.
(j)
.fr Domains. In the case of a ".fr" registration,
the following terms and conditions will apply:
(i)
Representation of Registrant. .fr domain
names are available for registration to companies and
persons who fulfill the following criteria. As a condition
of registration, you accordingly represent that you
are:
(A)
A legal entity:
(I)
whose head office is in France;
(or),
(II)
which possess an address
in France which is expressly listed in
the public electronic databases of the
registrars of the commercial courts or
the National Statistical and Economic Studies
Institute (INSEE), (or),
(III)
State institutions or departments,
local authorities or associated establishments,
(or),
(IV)
which own a trademark registered
with the National Intellectual Property
Institute or own a registered EU or international
trademark which expressly includes French
territory.
(ii)
Administrative Contact. Each registrant
must designate an administrative contact to act
as a coordinator between the registrant and the
Registry. In the case of .fr registrations, the
administrative contact must be based in France
where it can receive legal and other documents.
(iii)
Registry Policies. You agree to
be bound by the Registry's Naming Charter, its
registration rules for .fr. English language
translations of the Registry's documents are
provided for convenience. The Registry documents
may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv)
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 by
the Registry or any court of law. The current
.fr dispute resolution policy and procedures
can be found at http://www.afnic.fr/doc/ref/juridique/parl.
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 specified by the Registry or any court
of law.
(k)
.it Domains. In the case of a "it" registration,
the following terms and conditions shall apply:
(i)
Registration Criteria. Registration
of an .it name is restricted to subjects belonging
to a member state of the European Union. Individuals
and associations operating without a VAT number
or a fiscal code are limited to a single domain
name registration.
(ii)
Registry Policy. 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.it/NA/regole-naming-curr-engl.txt.
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. Additional policies, including
transfer procedures and "netiquette" rules may
be found at http://www.nic.it/NA/index-engl.html.
(l)
.nl Domains. In the case of a ".nl" registration,
the following terms and conditions shall apply:
(i)
Registration Criteria. Registration
of a .nl domain name is unrestricted save and
except that applicants who are not based in the
Netherlands or who do not have a registered address
in the Netherlands must provide an address in
the Netherlands where written documents can be
sent to the applicant and where legal summonses
can be served.
(ii)
Registry Policies. You agree to
be bound by the policies of the Registry including
but not limited to the Registry's Registration
Regulations. English language translations of
the Registry's documents are provided for convenience
and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html. 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 by the Registry or any court of law.
The current .nl dispute resolution policy and
procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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 specified by the Registry or any court
of law.
(m)
.tv Domains. In the case of a ".tv" registration,
the following terms and conditions will apply:
(i)
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/dndr/udrp/policy.htm.
Please take the time to familiarize yourself
with this policy.
(ii)
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.
(n)
.uk Domains. In the case of a
.uk registration, the following terms and conditions
will apply:
(i)
"Nominet UK" means the entity granted
the exclusive right to administer the registry
for .uk domain name registrations.
(ii)
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.nominet.org.uk/disputes/.
Please take the time to familiarize yourself
with this policy.
(iii)
Nominet UK Policy. You agree that
your registration of the domain name shall be
subject to suspension, cancellation, or transfer
pursuant to any Nominet UK-adopted policy, term
or condition, or pursuant to any registrar or
registry procedure not inconsistent with an Nominet
UK-adopted policy, (1) to correct mistakes by
a registrar or the registry in registering the
name, or (2) for the resolution of disputes concerning
the domain name. The current Nominet UK terms
and conditions can be found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering
into two contracts " one contract with Tucows
and/or Reseller and one contract with Nominet
UK.
Tucows and your Reseller will act as agents on
your behalf by submitting your application to
Nominet for you, however, you will still be entering
into a direct contract between you and Nominet
UK. This is a separate contract from this agreement;
may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware
that by accepting Nominet's terms and conditions
you are consenting to Nominet using your personal
data for a variety of reasons. In particular,
your name and address may be published as part
of Nominet's Whois look-up service.
(iv)
Transfer of Ownership. Any transfer
of ownership in and to a domain name registration
shall be affected in accordance with Nominet
UK policies and procedures.
(o)
.us Domains. In the case of a ".us" registration,
the following terms and conditions will apply:
(i)
"DOC" means the United States of
America Department of Commerce.
(ii)
".us Nexus Requirement". Only those
individuals or organizations that have a substantive
lawful connection in the United States are permitted
to register for .usTLD domain names. Registrants
in the .usTLD must satisfy the nexus requirement
("Nexus" or "Nexus Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii)
Selection of a Domain Name. You
certify and represent that:
(A)
You have and shall continue
to have, a bona fide presence in the United
States on the basis of real and substantial
lawful contacts with, or lawful activities
in, the United States as defined in Section
(ii) hereinabove;
(B)
The listed name servers are
located within the United States;
(C)
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, up-to-date
and complete;
(D)
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;
(E)
That the domain name is not
being registered for nor shall it at any
time whatsoever be used for any unlawful
purpose whatsoever;
(E)
You have the authority to
enter into this Registration Agreement.
(iv)
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 and the usDRP, as defined below, that
is incorporated herein and made a part of this
Agreement by reference. Please take the time
to familiarize yourself with these policies.
(v)
Domain Name Disputes. You acknowledge
having 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:
(A)
The Nexus Dispute Policy
("Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested
parties with an opportunity to challenge
a registration not complying with the Nexus
Requirements.
(B)
The usTLD Dispute Resolution
Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested
parties with an opportunity to challenge
a registration based on alleged trademark
infringement.
(C)
In addition to the foregoing,
you agree that, for the adjudication of
disputes concerning or arising from use
of the Registered Name, you shall submit,
without prejudice to other potentially
applicable jurisdictions, to the jurisdiction
of the courts (i) of your domicile, (ii)
where Tucows is located, and (iii) the
United States.
(vi)
Policy. You agree that your registration
of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Tucows,
Registry Operator, the DOC or government-adopted
policy, or pursuant to any registrar or registry
procedure not inconsistent with a DOC 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. The Registry Operator's policies
can be found at http://www.neustar.us/policies.
(vii)
Indemnity. The DOC shall be added
to the parties you have agreed to indemnify in
Section 13 hereinabove.
(viii)
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:
(A)
Your full name, postal address,
e-mail address and telephone number and
fax number (if available) (or, if different,
that of the domain name holder);
(B)
The domain name being registered;
(C)
The name, postal address,
e-mail address, and telephone number and
fax number (if available) telephone numbers
of the administrative contact, the technical
contact and the billing contact for the
domain name;
(D)
The IP addresses and names
of the primary nameserver and any secondary
nameserver(s) 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 Reseller.
(x)
Disclosure and Use of the Registration
Information. You agree and acknowledge that we
will make domain name registration information
you provide available to the DOC, to the Registry
Operator, 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 the DOC 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
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.
33. WHOIS PRIVACY SERVICE. The following terms
and conditions will apply if you subscribe to the Whois
Privacy Service:
(a)
Subscribers to the Whois Privacy Service
have elected to include the following information in
the publicly available Whois Registry:
(i)
Contactprivacy.com shall appear
as the Registrant and Contacts name(s);
(ii)
Tucows" postal address and a Tucows
assigned email address and telephone number shall
appear on behalf of the Registrant and the Contact(s);
(iii)
The primary and secondary nameservers
shall be those designated by the Registrant;
(iv)
The original date of registration
and the expiration of each domain name;
(v)
Tucows will be identified as the
registrar of record.
(b)
You understand and agree that the Registrant
and Contact Information that you have provided will
be kept on file. You further agree and warrant that
you will ensure that the Whois Information is true,
accurate and up to date.
(c)
You will will retain complete control
over the domain name and its registration records and
may suspend and reinstate the Whois Privacy Service
at your discretion.
(d)
The Whois Privacy Service may be used
with both new and existing domain name registrations.
You may use the Whois Privacy Service with respect
to a domain name that has been transferred but it will
only commence after the transfer has been completed.
If you wish to transfer the domain name to a different
registrar,the Whois Privacy Service must be disabled
in order to initiate the transfer.
(e)
We will send all obligatory renewal and
transfer related messages to the Contacts you have
designated.
(f)
Communications Forwarding. Communications
received with respect to a particular domain name registration
will be handled as follows:
(i)
We will forward to you or a Contact
all correspondence received by registered mail
or traceable courier. This information may be
opened, scanned and emailed to you or your Contact..
Regular postal mail will be discarded or returned
to sender at our discretion.
(ii)
Email correspondence will be forwarded
according to the instructions of the Registrant
as they appear in our records.
(iii)
A voice mail message will advise
all callers that inbound messages will not be
accepted; calls will be directed to the contactprivacy.com
web site where written messages will be forwarded
according to your instructions.
(iv)
We will only be responsible for
forwarding communications where our details have
appeared in the whois and when your Whois Information
is accurate, complete and up to date.
(g)
Right to Suspend and Disable. We shall
have the right, at our sole discretion and without
liability to you or any of your Contacts, suspend or
cancel your domain name and to reveal Registrant and
Contact Whois Information in certain circumstances,
including but not limited to the following:
(i)
when required by law;
(ii)
in the good faith belief that
disclosure is necessary to further determination
of an alleged breach of a law;
(iii)
to comply with a legal process
served upon Tucows;
(iv)
to resolve any and all third party
claims including but not limited to ICANN's or
a Registry's dispute resolution policy;
(v)
to avoid financial loss or legal
liability
(v)
to avoid financial loss or legal
liability
(vi)
if we believe that you or one of
your Contacts is using the Whois Privacy Service
to conceal involvement with illegal, illicit,
objectionable or harmful activities; or
(vii)
to transmit SPAM, viruses, worms
or other harmful computer programs.
(h)
You understand and agree that, in the
event that we receive a formal complaint, notice of
claim or UDRP, that we will have the right to disable
the Whois Privacy Service pending final disposition
of the matter.
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.