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Registration Agreement
SCHEDULE A
Form of Registration Agreement
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 Webalix.com("RSP"). This Agreement
explains our obligations to you, and explains your obligations to
us for various Services. If you are registering your name during
the finite period of time when owners of trademarks and service
marks issued prior to October 2, 2000 and having national effect
will have the exclusive opportunity to register identical domain
names ("Sunrise Period"), you agree to comply with the procedures,
terms and obligations. You acknowledge and agree that registrations
for domain names during the Sunrise Period will only be accepted
for a minimum registration term of five (5) years.
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.
FEES. As consideration for the Services you have selected, you agree
to pay the RSP the applicable service fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain
and update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as account
information ("Account Information"). By submitting this
Agreement, you represent that the statements in your Application
are true, complete and accurate.
TERM. This Agreement shall remain in full force during the length
of the term of your domain name registration(s) as selected, recorded,
and paid for upon registration of the domain name. Should you choose
to renew or otherwise lengthen the term of your domain name registration,
then the term of this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar, the
terms and conditions of this contract shall cease.
MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the
terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. You agree to be bound by any such
revision or change will which shall be effective immediately upon
posting on our web site or upon notification to you by e-mail or
your country's postal service pursuant to the Notices section of
this Agreement. You agree to review this Agreement as posted on
our web site periodically to maintain an awareness of any and all
such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with
notice by e-mail or postal service pursuant to the Notices section
of this Agreement. Notice of your termination shall be effective
after processing by us. You agree that, by continuing the use of
Services following notice of any revision to this Agreement or change
in service(s), you shall be bound by any such revisions and changes.
If you have registered your name during the Sunrise Period, you
agree to be bound by the Sunrise Dispute Resolution Policy ("Sunrise
Dispute Policy") found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform Dispute Resolution
Policy ("Dispute Policy") as presently written and posted on http://resellers.tucows.com/opensrs/legal
and as shall be amended from time to time. You acknowledge that
if you do not agree to any such modifications, you may request that
your domain name be deleted from the domain name database.
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.
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 Policies that are
incorporated herein and made a part of this Agreement by reference.
The current version of the general registration Dispute Policy may
be found at http://www.opensrs.org/legal/udrp.shtml. Please take
the time to familiarize yourself with this policy.
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 Sunrise Dispute Policy
or the Dispute Policy, as applicable. 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 Sunrise Dispute Policy or Dispute Policy, as applicable.
POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to
a Tucows, Registry Operator, ICANN or government-adopted policy,
or pursuant to any registrar or registry procedure not inconsistent
with a Tucows, Registry Operator, 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.
AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record
and are therefore responsible for providing your own full contact
information and for providing and updating accurate technical and
administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain
name. You shall accept liability for harm caused by wrongful use
of the domain name. You represent that you have provided notice
of the terms and conditions in this Agreement to a third party licensee
and that the third party agrees to the terms hereof.
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.
LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). Neither we nor
our contractors or third party beneficiaries shall be liable for
any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or
for the cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such jurisdictions,
our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data miss-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your account identifier
or password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s) provided
under this Agreement; (6) loss or liability resulting from the interruption
of your Service. You agree that we will not be liable for any loss
of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form
of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages.
In no event shall our maximum liability exceed five hundred ($500.00)
dollars.
INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors, affiliates and third party
beneficiaries harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use
of the Services, including without limitation infringement by you,
or someone else using the Service of any intellectual property or
other proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the Service(s)
provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your
failure to provide those assurances shall be a breach of your Agreement
and may result in deactivation of your domain name.
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. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the registration
of your domain name.
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.
NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection
to either the registration, reservation, or use of the domain name.
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.
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:
Your name and postal address (or, if different, that of the domain
name holder);
The domain name being registered;
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
domain name;
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain
name.
Any other information, which we request from you at registration,
is voluntary. Any voluntary information we request is collected
for the purpose of improving the products and services offered to
you through your RSP.
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 information
provided by you in connection with the registration of a domain
name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may
have arising from such disclosure or use of your domain name registration
information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by
us through your RSP.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
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.
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. We also reserve the right to suspend a domain
name during resolution of any dispute.
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.
NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies
shall be construed as creating any agency, partnership, or other
form of joint enterprise between the parties.
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.
NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail
or via postal service. In the case of e-mail, valid notice shall
only have been deemed to have been given when an electronic confirmation
of delivery has been obtained by the sender. In the case of e-mail,
notifications must be sent to us at lhutz@tucows.com, or in the
case of notification to you, to the e-mail address provided by you
in your WHOIS record. Any e-mail communication shall be deemed to
have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior
to 4:00 p.m. EST, otherwise it will be deemed to have been delivered
on the next business day. In the case of regular mail notice, valid
notice shall be deemed to have been validly and effectively given
5 business days after the date of mailing and, in the case of notification
to us or to RSP shall be sent to:
Our Address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record.
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.
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.
INFANCY. You attest that you are of legal age to enter into this
Agreement.
Acceptance of Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON
ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT.
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