Exhibit A
Registration Agreement
- 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 Modern Age Computer Consultants Inc.,
the Registration Service Provider ("Reseller"). Any reference to
a "registry," "Registry" or "Registry
Operator" shall refer to the registry administrator of the applicable
top-level domain ("TLD"). 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.
- SELECTION
OF A DOMAIN NAME. You acknowledge and agree that we cannot
guarantee that you will obtain a desired domain name, even if an inquiry
indicates that a domain name is available at the time of your application.
You represent that, to the best of the your knowledge and belief, neither
the registration of the domain name nor the manner in which you intend to
use it, 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.
- 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.
- 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.
- 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.
- 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.
- NO
GUARANTEE. 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.
- 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.
- 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.
- 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.
- 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 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.
- 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.
- 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.
- 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 and specifying
the amount of time you have 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, in our sole discretion, have elected to renew the registration, you
will be entitled to a grace period of thirty-five (35) days during which
you may re-register the domain name from us. Additional costs for the
redemption and re-registration will 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 also may 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.
- 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.
- 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: (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.
- 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.
- 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.
- 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.
- 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.
- 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 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:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified
in the "Administrative Contact" in your Whois
record.
- 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.
- 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.
- 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.
- 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
- 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.
- TLD'S.
The following additional provisions apply to any domain names that you
register through Tucows with the various
registries:
- .com/net
Domains: In the case of a ".com" or ".net"
registration, the following terms and conditions will apply:
- 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;
- 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.
- .org
Domains: In the case of a ".org" registration, the following
terms and conditions will apply:
- 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;
- 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.
- .info
Domains: In the case of a ".info" registration, the following
terms and conditions will apply:
- 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;
- 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;
- 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;
- 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.
- .biz
Domains. In the case of a ".biz" registration, the following
terms and conditions will apply:
- .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.
For more information on the .biz restrictions, which are incorporated
herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
- Selection
of a Domain Name. You represent that: (A) 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.
- 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.
- 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 Uniform Domain Name Dispute
Resolution Policy ("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules
("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
- 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.
- 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.
- 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.
- .name
Domains. In the case of a ".name" registration, the following
terms and conditions will apply:
- .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.
- .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; (E) the registration satisfies
the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and (F) you have the authority to enter into this Registration
Agreement.
- 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.
- 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.
- 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.
- 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.
- 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. (A) the Eligibility Requirements (the "Eligibility
Requirements"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and (C) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm
- 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.
- 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.
- 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.
- 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.
- .at
Domains. In the case of a ".at" registration, the following
terms and conditions will apply:
- 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.
- .be
Domains. In the case of a ".be" registration, the following
terms and conditions will apply:
- 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=121.
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.
- 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.
- .ca
Domains. In the case of a ".ca" registration, the following
terms and conditions will apply:
- 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.
- 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.
- Transfer
of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry policies and
procedures.
- 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.
- 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;
- .cc
Domains. In the case of a ".cc" registration, the following
terms and conditions will apply:
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.html.
Please take the time to familiarize yourself with this policy.
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.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 policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
- .ch Domains. In the case of a ".ch" registration, the following terms and
conditions shall apply:
- 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.
- 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.
- .cn Domains. In the case of a ".cn" registration, the following terms and
conditions shall apply:
- "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;
- "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;
- "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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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: (A) Provisional Administrative Rules for Registration
of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain Names in
China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and (D) CNNIC Implementing Rules of Domain Name Registration (currently
at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
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.
- 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.
- 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.
- 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.
- .de
Domains. In the case of a ".de" registration, the following
terms and conditions will apply:
- 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.
- 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.
- 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: English: (A) Registration Terms and
Conditions http://www.denic.de/en/bedingungen.html;
(B) Registration Guidelines http://www.denic.de/en/richtlinien.html;
German: (C) DENIC-Registrierungsbedingungen http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html
- .eu domains. In the case of a ".eu" registration, the following terms and
conditions will apply:
- 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.
- 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/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_en.pdf.
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.
- 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.
- .fr Domains. In the case of a ".fr" registration, the following terms and
conditions will apply:
- 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.
- 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.
- 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: http://www.afnic.fr/obtenir/chartes/nommage-fr.
- 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.
- .it
Domains. In the case of a "it" registration, the following
terms and conditions shall apply:
- 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.
- 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.
- .nl Domains. In the case of a ".nl" registration, the following terms and
conditions shall apply:
- 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.
- 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,728,17,,,,Rules.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.
- .tv Domains. In the case of a ".tv" registration, the following terms and
conditions will apply:
- 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.
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.html"
and expressly agree to the terms outlined therein.
- .uk Domains. In the case of a .uk
registration, the following terms and conditions will apply:
- "Nominet UK" means the entity
granted the exclusive right to administer the registry for .uk domain name registrations.
- 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.
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/disputes/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.
- 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.
- .us
Domains. In the case of a ".us" registration, the following
terms and conditions will apply:
- "DOC"
means the United States of America Department of Commerce.
- ".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.
- 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; (F) You have the authority to enter into
this Registration Agreement.
- 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.
- 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.
- 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.
- Indemnity.
The DOC shall be added to the parties you have agreed to indemnify in
Section 13 hereinabove.
- 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;
- In
addition to the foregoing, you will be required to provide additional
Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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.
- 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.
- .asia Domains. In the case of a .asia
registration, the following terms apply:
- The
Registered Name Holder/Registrant consents to the use, copying,
distribution, publication, modification and other processing of its
Personal Data by DotAsia Organisation
Limited and its designees and agents in a manner consistent with the
purposes specified pursuant to the Registry-Registrar Agreement and with
relevant mandatory local data protection, laws and privacy.
- The
Registered Name Holder/Registrant agrees to correct and update the
registration information for the Registered Name immediately during the
registration term for the Registered Name.
- In
addition to the complying with the Registrar's policies, the Registered
Name Holder/Registrant* agrees to comply with those ICANN requirements,
standards, policies, procedures, and practices for which the Registry
Operator DotAsia Organisation
Limited has monitoring responsibility in accordance with the Registry
Agreement or with other arrangements with ICANN.
- The
Registered Name Holder/Registrant agrees to comply with all the operational
standards, policies, procedures, and practices for the .ASIA Registry as
established from time to time in a non-arbitrary manner by DotAsia Organisation
Limited (".ASIA Registry Policies"). The Registered Name
Holder/Registrant acknowledges that .ASIA Registry Policies are
applicable to all registrars and/or registered name holders/registrants.
Any changes of the .ASIA Registry Policies by the DotAsia
Organisation Limited that are consistent with
the Registry Agreement shall be effective upon thirty (30) days' notice
by DotAsia Organisation
Limited to Registrar. The Registered Name Holder/Registrant further
agrees to be bound by the terms and conditions as set down by DotAsia Organisation
Limited during the initial launch and the general operations of the
.ASIA TLD, including without limitation its Start-Up Policies where such
terms and conditions include the submission to a binding arbitration for
disputes arising from the Start-Up process or any allocation of domain
names.
- The
Registered Name Holder/Registrant agrees to submit to proceedings
commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP") and to proceedings
commenced under ICANN's Charter Eligibility
Dispute Resolution Policy ("CEDRP"). The Registered Name
Holder/Registrant agrees to submit to proceedings commenced under other
dispute resolution policies as set forth by DotAsia
Organisation Limited from time to time in the
Registry Policies, including but not limited to expedited processes for
suspension of a domain name by claims sought by intellectual property
right holders, Internet engineering and security experts or other
competent claimants in the purpose of upholding the stability, security
and integrity of the .ASIA Registry.
- The
Registered Name Holder/Registrant acknowledges and agrees to comply with
the .ASIA Charter Eligibility Requirement. The Registered Name
Holder/Registrant* acting as Registrant Contact represents and warrants
that it has made known to the Charter Eligibility Declaration Contact
(the "CED Contact"), and the CED Contact has agreed, that the
Registrant Contact and the CED Contact will jointly be defined as the
Registered Name Holder, and that it shall be jointly responsible for the
Registered Name in the event of a dispute or a challenge over the
Registered Name Holder/Registrant's* legal entitlement to or the
ownership of the Registered Name. The CED Contact shall be bound by the
provisions in the DotAsia Organisation
Limited's .ASIA Charter Eligibility
Requirement Policy published from time to time. Registered Name
Holder/Registrant acting as Registrant Contact agrees that it has
obtained an agreement from the CED Contact that the Registrant Contact
shall remain the Operating Contact for all operations of the domain,
including but not limited to domain transfer and updates.
- The
Registered Name Holder/Registrant agrees to indemnify, to the maximum
extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation
Limited and its directors, officers, employees and agents from and
against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses, arising out of or relating
to the Registered Name Holder's domain name registration and or use.
Notwithstanding the other provisions in this Agreement, the Registered
Name Holder agrees that this indemnification obligation shall survive
the termination or expiration of this registration agreement.
- The
Registered Name Holder/Registrant acknowledges and agrees that DotAsia Organisation
Limited and Registry Services Provider, acting in consent with DotAsia Organisation
Limited, reserves the right to deny, cancel or transfer any registration
that it deems necessary, in its sole discretion (i)
to protect the integrity security, and stability of the registry; (ii)
to comply with all appropriate laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution
process; (iii) to avoid any liability, civil or criminal, on the part of
DotAsia Organisation
Limited as well as its affiliates, subsidiaries, officers, directors,
representatives, employees, and stockholders; (iv) for violations of the
terms and conditions herein: or (v) to correct mistakes made by DotAsia Organisation
Limited, the Registry Services Provider or any registrar in connection
with a domain name registration. DotAsia Organisation Limited also reserves the right to
freeze a Registered Name such as placing a domain name on hold, lock, or
other status during the resolution of a dispute.
- Notwithstanding
anything in this Agreement to the contrary, DotAsia
Organisation Limited, the Registry Operator of
the .ASIA TLD, is and shall be an intended third party beneficiary of
this Agreement. As such, the parties to this Agreement acknowledge and
agree that the third party beneficiary rights of DotAsia
Organisation Limited have vested and that it
has relied on its third party beneficiary rights under this Agreement in
agreeing to Tucows being a registrar for the
.ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation
Limited shall survive any termination or expiration of this Agreement.
- The
Registered Name Holder/Registrant acknowledges that in the event of
conflict between this section of the Agreement and other sections of the
same, this section shall prevail.
- .li Domains. In the case of a �.li�
registration, the following terms and conditions shall apply:
- 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.
- 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.
- .me
Domains. In the case of a �.me�
registration, the following terms and conditions shall apply:
- 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.me/index.php?page=25.
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.
- 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 .me 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.me/index.php?page=25.
Please take the time to familiarize yourself with this policy.
- WHOIS
PRIVACY SERVICE. The following terms and conditions will apply if
you subscribe to the Whois Privacy Service:
- Subscribers
to the Whois Privacy Service have elected to
include the following information in the publicly available Whois Registry:
- 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.
- 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.
- 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.
- 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.
- We
will send all obligatory renewal and transfer related messages to the
Contacts you have designated.
- 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.
- 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.
- 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.