| APPENDIX A
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer
to the registrant of each domain name registration, "we", "us" and "our" refer
to TUCOWS Inc. and "Services" refers to the .tv domain name
registration provided by us as offered through Webalix.com ("RSP").
This Agreement explains our obligations to you, and explains your obligations
to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the
your knowledge and belief, neither this registration of a domain name
nor the manner in which it is directly or indirectly to be used infringes
upon the legal rights of a third party and, further, that the domain
name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services you have selected, you agree
to pay RSP the applicable service(s) fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you agree
to: (1) provide certain current, complete and accurate information about
you as required by the registration process and (2) maintain and update
this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account
Information"). By submitting this Agreement, you represent that
the statements in your Application are true, complete and accurate. Failure
to maintain accurate information will be considered a material breach
of this Agreement and will entitle us to delete your domain name registration.
4. TERM. This Agreement shall remain in full force during the length
of the term of your domain name registration(s) as selected, recorded,
and paid for upon registration of the domain name. Should you choose
to renew or otherwise lengthen the term of your domain name registration,
then the term of this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar, the terms
and conditions of this contract shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the
terms and conditions of this Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any such revision or change
will which shall be effective immediately upon posting on our web site
or upon notification to you by e-mail or your country's postal service
pursuant to the Notices section of this Agreement. You agree to review
this Agreement as posted on our web site periodically to maintain an
awareness of any and all such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any time
by providing us with notice by e-mail or postal service pursuant to the
Notices section of this Agreement. Notice of your termination shall be
effective after processing by us. You agree that, by continuing the use
of Services following notice of any revision to this Agreement or change
in service(s), you shall be bound by any such revisions and changes.
You further agree to be bound by the ICANN Uniform Dispute Resolution
Policy ("Dispute Policy") as presently written and posted on
and as shall be amended from time to time. You acknowledge that if you
do not agree to any such modifications, you may request that your domain
name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier and Password
that you selected when you opened your account with us. You agree to
safeguard your Account Identifier and Password from any unauthorized
use. In no event shall we be liable for the unauthorized use or misuse
of your Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain
name through us, or transferred a domain name to us from another Registrar,
you agree to be bound by the Dispute Policy that is incorporated herein
and made a part of this Agreement by reference. The current version of
the Dispute Policy may be found at http://resellers.tucows.com/opensrs/legal.
Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject
to the provisions specified in the Dispute Policy. You agree that in
the event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy.
9. POLICY. You agree that your registration of the .tv domain name shall
be subject to suspension, cancellation, or transfer pursuant to any ICANN
or government adopted policy, or pursuant to any Registrar or registry
procedure not inconsistent with an ICANN or government-adopted policy,
(1) to correct mistakes by us or the applicable Registry in registering
the name or (2) for the resolution of disputes concerning the domain
name. You acknowledge that you have reviewed the .tv General Terms of
Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
10. AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any problems
that arise in connection with the domain name. You shall accept liability
for harm caused by wrongful use of the domain name. You represent that
you have provided notice of the terms and conditions in this Agreement
to a third party licensee and that the third party agrees to the terms
hereof.
11. ANNOUNCEMENTS. We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades,
new products or other information to add security or to enhance your
identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under
this Agreement and any breach of this Agreement is solely limited to
the amount you paid for such Service(s). Neither we, nor our contractors
or third party beneficiaries shall be liable for any direct, indirect,
incidental, special or consequential damages resulting from the use or
inability to use any of the Services or for the cost of procurement of
substitute services. Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, in
such jurisdictions, our liability is limited to the extent permitted
by law. We disclaim any and all loss or liability resulting from, but
not limited to: (1) loss or liability resulting from access delays or
access interruptions; (2) loss or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability resulting from acts of God;
(4) loss or liability resulting from the unauthorized use or misuse of
your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that we will not be
liable for any loss of registration and use of your domain name, or for
interruption of business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form of
action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages. In no
event shall our maximum liability exceed five hundred ($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees,officers, directors, affiliates and third party beneficiaires
harmless from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this Agreement, the
Services provided hereunder or your use of the Services, including without
limitation infringement by you, or someone else using the Service of
any intellectual property or other proprietary right of any person or
entity, or from the violation of any of our operating rules or policy
relating to the Service(s) provided. You also agree to release, indemnify
and hold us harmless pursuant to the terms and conditions contained in
the Dispute Policy. When we are threatened with suit by a third party,
we may seek written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances shall be a breach of your
Agreement and may result in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. The person named as 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). If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms and
conditions in this Agreement, any such transfer will be null and void.
15. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If within thirty
(30) calendar days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration
or reservation of your domain name. Any such breach by you shall not
be deemed to be excused simply because we did not act earlier in response
to that, or any other breach by you.
16. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name, does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services
is solely at your own risk. You agree that such Service(s) is provided
on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the Service(s) will
be uninterrupted, timely, secure, or error free; nor do we make any warranty
as to the results that may be obtained from the use of the Service(s)
or as to the accuracy or reliability of any information obtained through
the Service or that defects in the Service will be corrected. You understand
and agree that any material and/or data downloaded or otherwise obtained
through the use of Service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer system
or loss of data that results from the download of such material and/or
data. We make no warranty regarding any goods or services purchased or
obtained through the Service or any transactions entered into through
the Service. No advice or information, whether oral or written, obtained
by you from us or through the Service shall create any warranty not expressly
made herein.
18. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate. You
are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that of the domain
name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain
name;
(iv) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through
your RSP.
19. DISCLOSURE AND 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.
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 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
CANADA
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. 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.
30. 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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