EXHIBIT A
Registration Agreement
1. In this Registration Agreement ("Agreement")
"Registrant", "you" and "your" refers to the
registrant of each domain name registration, "we", "us" and
"our" refers to Tucows.com Co., and "Services" refers to
the domain name registration services provided by us as offered through cheap-net-names.com,
the Registration Service Provider ("Reseller"). Any reference to a
"registry," "Registry" or "Registry Operator"
shall refer to the registry administrator of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and
explains your obligations to us for the Services. By agreeing to the terms and
conditions set forth in this Agreement, you are also agreeing to be bound by
the rules and regulations set forth by a registry for that particular registry
only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot
guarantee that you will obtain a desired domain name registration,
even if an inquiry indicates that a domain name is available at the time of
your application for same. You represent that, to the best of the your
knowledge and belief, neither the registration of the domain name nor the
manner in which it is directly or indirectly to be used, infringes upon the
legal rights of a third party and further, that the domain name is not being
registered for nor shall it at any time whatsoever be used for any unlawful
purpose.
3. FEES. As consideration for the Services, you agree to pay Reseller
the applicable service(s) fees prior to the effectiveness of a desired domain
name registration or any renewal thereof. All fees payable hereunder are
non-refundable even if your domain name registration is suspended, cancelled or
transferred prior to the end of your current registration term. As further
consideration for the Services, you agree to: (1) provide certain current,
complete and accurate information about you as required by the registration
process, and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred to as
account information ("Account Information"). You represent that the
Account Information and all other statements put forth in your application are
true, complete and accurate. Both Tucows and each
registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false,
inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii)
you have failed to maintain, update and keep your Account Information true,
current, complete, accurate and reliable. You acknowledge that a breach of this
Section 3 will constitute a material breach of our Agreement which will entitle
either us or a registry to terminate this Agreement immediately upon such
breach without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term of your
domain name registration as selected, recorded and paid for at the time of
registration or any renewal thereof. Should the domain name be transferred to
another registrar, the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of
registering and administering domain names is constantly evolving; therefore,
you agree that Tucows may modify this Agreement, or
any other related and/or applicable agreement, as is necessary to comply with
its agreements with ICANN, a registry or any other entity or individual, as
well as to adjust to changing circumstances. Your continued use of the domain
name registered to you will constitute your acceptance of this Agreement with
any revisions. If you do not agree to any change, you may request that your
domain name registration be cancelled or transferred to a different accredited
registrar. You agree that such cancellation or request for transfer will be
your exclusive remedy if you do not wish to abide by any change to this
Agreement, or any other related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use the Account Identifier and Password that you
selected when you opened your account with us. You agree to safeguard your
Account Identifier and Password from any unauthorized use. In no event shall we
be liable for the unauthorized use or misuse of your Account Identifier or
Password.
7. NO GUARANTY. You acknowledge that registration or reservation of your
chosen domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you will be
subject to the provisions specified in the dispute policy adopted by the
applicable registry. You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless pursuant to the
terms and conditions contained in the applicable policy. If Tucows
is notified that a complaint has been filed with a judicial or administrative
body regarding your domain name, Tucows may, at its
sole discretion, suspend your ability to use your domain name or to make
modifications to your registration records until (i) Tucows is directed to do so by the judicial or
administrative body, or (ii) Tucows receives
notification by you and the other party contesting your domain that the dispute
has been settled. Furthermore, you agree that if you are subject to litigation
regarding your registration or use of your domain name, Tucows
may deposit control of your registration record into the registry of the
judicial body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Tucows, registry, ICANN or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with a Tucows, registry, ICANN or government-adopted policy, (1)
to correct mistakes by us or a registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that arise
in connection with the domain name. You shall accept liability for harm caused
by wrongful use of the domain name. You represent that you will secure the
agreement of any third party to the terms and conditions in this Agreement
11. ANNOUNCEMENTS. We reserve the right to
distribute information to you that is pertinent to the quality or operation of
our services and those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades, new
products or other information to add security or to enhance your identity on
the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for the initial registration of your domain name. Tucows
and its directors, employees, affiliates, subsidiaries, agents and third party
providers, ICANN and the applicable registries shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your account identifier or
password; (5) loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the interruption of your
Service. You agree that we will not be liable for any loss of registration and
use of your domain name, or for interruption of business, or any indirect,
special, incidental, or consequential damages of any kind (including lost
profits) regardless of the form of action whether in contract, tort (including
negligence), or otherwise, even if we have been advised of the possibility of
such damages.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows, its contractors, agents, employees, officers,
directors and affiliates, ICANN, the applicable registries and their respective
directors, officers, employees, agents and affiliates harmless from all
liabilities, claims and expenses, including attorney's fees, of third parties
arising out of or relating to the registration or use of the domain name
registered in your name including without limitation infringement by you or a
third party with access to your Account Identifier and Password. You also agree
to release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the applicable Dispute Policy. When we are threatened with suit by
a third party, we may seek written assurances from you concerning your promise
to indemnify us; your failure to provide those assurances may be considered by
us to be a breach of your Agreement and may result in the suspension or
cancellation of your domain name. This indemnification obligation will survive
the termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as registrant on the WHOIS
shall be the registered name holder. The person named as administrative contact
at the time the controlling Account Identifier and Password are secured, shall
be deemed the designate of the registrant with the authority to manage the
domain name. You agree that prior to transferring ownership of your domain name
to another person (the "Transferee") you shall require the Transferee
to agree, in writing to be bound by all the terms and conditions of this
Agreement. If the Transferee fails to be bound in a reasonable fashion (as
determine by us in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
15. 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. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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
TUCOWS Inc.
Registrant Affairs Office
96
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.
24. 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.
25. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
26. INFANCY. You attest that you are of legal age to enter into this
Agreement.
27. 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.
28. 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
29. 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. TLD'S. The following additional provisions apply to any domain names
that you register through Tucows with the various
registries:
(a) .com/net domains: In the case of a ".com" or
".net" registration, the following terms and conditions will apply:
(i) Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform
Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies are
subject to modification.
(b) .org domains: In the case of a
".org" registration, the following terms and conditions will apply:
(i) Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform
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.
(c) .info domains: In the case of a
".info" registration, the following terms and conditions will apply:
(i) Registrant's Personal Data.
You consent to the use, copying, distribution, publication, modification, and
other processing of Registrant's personal data by Afilias,
the .INFO registry, and its designees and agents, in a manner consistent with
the purposes specified pursuant to its contract.
(ii) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies are
subject to modification.
(iii) Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel,
transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the
integrity and stability of the registry, to comply with any applicable law, any
government rule or requirement, any request of law enforcement, any dispute
resolution process, or to avoid any liability, civil or criminal, on the part
of the registrar and/or Afilias, as well as their
affiliates, subsidiaries, executives, directors, officers, managers, employees,
consultants, and agents. The registrar and Afilias
also reserve the right to suspend a domain name or its registration data during
resolution of a dispute.
(d) .biz domains. In the case of a ".biz"
registration, the following terms and conditions will apply:
(i) .biz Restrictions.
Registrations in the .biz top-level domain must be used or intended to be used
primarily for bona fide business or commercial purposes. For the purposes of
the .biz registration restrictions, "bona fide business or commercial
use" shall mean the bona fide use or bona fide intent to use the domain
name or any content, software, materials, graphics or other information
thereon, to permit Internet users to access one or more host computers through
the DNS:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods,
services, information or property of any kind; or (ii) the ordinary course of
trade or business.
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.
(ii) 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.
(iii) Provision of Registration Data. As part of the
registration process, you are required to provide us with certain information
and to keep the information true, current, complete, and accurate at all times.
The information includes the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation;
(G) the IP addresses of the primary nameserver and
any secondary nameserver for the domain name;
(H) the corresponding names of the primary and secondary nameservers;
(I) the full name, postal address, e-mail address, voice telephone number, and,
when available, fax number of the administrative, technical, and billing
contacts, and the name holder for the domain name; and
(J) any remark concerning the domain name that should appear in the WHOIS
directory.
(K) You agree and understand that the foregoing registration data will be
publicly available and accessible on the WHOIS directory as required by ICANN
and/or registry policies, and may be sold in bulk in accordance with the ICANN
agreement.
(iv) Domain Name Disputes. You
acknowledge having read and understood and agree to be bound by the terms and
conditions of the following documents, as they may be amended from time to
time, which are hereby incorporated and made an integral part of this
Agreement:
(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").
(v) The Dispute Policy sets forth the terms and conditions in connection with a
dispute between a Registrant and any party other than the Registry or Registrar
over the registration and use of an Internet domain name registered by
Registrant.
(vi) The RDRP sets forth the terms under which any
allegation that a domain name is not used primarily for business or commercial
purposes shall be endorsed on a case-by-case, fact specific basis by an
independent ICANN-accredited dispute provider.
(e) .name domains. In the case of a ".name"
registration, the following terms and conditions will apply:
(i) .name Restrictions.
Registrations in the .name top-level domain must constitute an individual's
"Personal Name". For purposes of the .name restrictions (the
"Restrictions"), a "Personal Name" is a person's legal
name, or a name by which the person is commonly known. A "name by which a
person is commonly known" includes, without limitation, a pseudonym used
by an author or painter, or a stage name used by a singer or actor.
(ii) .name Representations. As a .name domain name registrant, you hereby
represent that:
(A) the registered domain name or
second level domain ("SLD") e-mail address is your Personal Name.
(B) the data provided in the domain name registration application is true,
correct, up to date and complete and that you will continue to keep all of the
information provided correct, current and complete,
(C) to the best of the your knowledge and belief, neither this registration of
a domain name nor the manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party;
(D) that the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(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.
(iii) E-mail Forwarding Services. The Services
for which you have registered may, at your option, include e-mail forwarding.
To the extent you opt to use e-mail forwarding, you are obliged to do so in
accordance with all applicable legislation and are responsible for all use of
e-mail forwarding, including the content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of and to comply with
the generally accepted rules for Internet and e-mail usage. This includes, but
is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to the foregoing, you
undertake not to use e-mail forwarding:
(A) to encourage, allow or participate in any form of
illegal or unsuitable activity, including but not restricted to the exchange of
threatening, obscene or offensive messages, spreading computer viruses, breach
of copyright and/or proprietary rights or publishing defamatory material;
(B) to gain illegal access to systems or networks by unauthorized access to or
use of the data in systems or networks, including all attempts at guessing
passwords, checking or testing the vulnerability of a system or network or
breaching the security or access control without the sufficient approval of the
owner of the system or network;
(C) to interrupt data traffic to other users, servers or networks, including,
but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or
other forms of harassment; or
(D) for spamming, which includes, but is not restricted to, the mass mailing of
unsolicited e-mail, junk mail, the use of distribution lists (mailing lists)
which include persons who have not specifically given their consent to be placed
on such distribution list. Users are not permitted to provide false names or in
any other way to pose as somebody else when using e-mail forwarding.
(iv) Registry reserves the right to
implement additional anti-spam measures, to block spam or mail from systems
with a history of abuse from entering Registry's e-mail forwarding. However,
due to the nature of such systems, which actively block messages, Registry
shall make public any decision to implement such systems a reasonable time in
advance, so as to allow you or us to give feedback on the decision.
(v) You understand and agree that Registry may delete material that does not
conform to clause (c) above or that in some other way constitutes a misuse of
e-mail forwarding. You further understand and agree that Registry is at liberty
to block your access to e-mail forwarding if you use e-mail forwarding in a way
that contravenes this Agreement. You will be given prior warning of
discontinuation of the e-mail forwarding unless it would damage the reputation
of Registry or jeopardize the security of Registry or others to do so. Registry
reserves the right to immediately discontinue e-mail forwarding without notice
if the technical stability of e-mail forwarding is threatened in any way, or if
you are in breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward unsent e-mail to
you or a third party.
(vi) You understand and agree that to the extent either we and/or Registry is
required by law to disclose certain information or material in connection with
your e-mail forwarding, either we and/or Registry will do so in accordance with
such requirement and without notice to you.
(vii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the dispute policy that is incorporated herein and made a
part of this Agreement by reference. 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. In addition, 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.
(viii) The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses will be granted on a
first-come, first-served basis. The following categories of Personal Name
Registrations may be registered: (i) the Personal
Name of an individual; (ii) the Personal Name of a fictional character, if you
have trademark or service make rights in that character's Personal Name; (iii) in
addition to a Personal Name registration, you may add numeric characters to the
beginning or the end of the Personal Name so as to differentiate it from other
Personal Names.
(ix) The ERDRP applies to challenges to (i)
registered domain names and SLD e-mail address registrations within .name on
the grounds that a Registrant does not meet the Eligibility Requirements, and
(ii) to Defensive Registrations (as defined by the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than the Registry or Tucows
over the registration and use of an Internet domain name registered by a
Registrant.
31. ccTLD'S
(a) .ca domains. In the case of a ".ca" registration, the
following terms and conditions will apply:
(i) Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the Dispute Policy,
which is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found at http://www.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with a Registry adopted policy, (1) to correct mistakes by Tucows or the Registry in registering the name or (2) for
the resolution of disputes concerning the domain name.
(iii) Transfer of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry policies and
procedures.
(iv) Registry Agreement and Policy. You acknowledge
and understand that by accepting the terms and conditions of this agreement you
shall be bound by the Registry's Registrant Agreement, the Registry's policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a revision or modification to any
Registry agreement or policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding such
cancellation.
(v) You acknowledge and agree that the Registry shall not be liable to you for
any loss, damage, or expense arising out of the Registry's failure or refusal
to register a domain name, it's failure or refusal to renew a domain name
registration, it's registration of a domain name, it's failure or refusal to
renew a domain name registration, it's renewal of a domain name registration,
it's failure or refusal to transfer a domain name registration, it's transfer
of a domain name registration, it's failure or refusal to maintain or modify a
domain name registration, it's maintenance of a domain name registration, it's
modification of a domain name registration, it's failure to cancel a domain
name registration or it's cancellation of a domain name registration from the
Registry;
(b) .cc Domains. In the case of a ".cc"
registration, the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the Dispute Policy
that is incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.nic.cc.
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.
(c) .cn Domains. In the
case of a ".cn" registration, the following
terms and conditions shall apply:
(i) "Registry" means the
China Internet Network Information Center, which is
the authority responsible for the administration of the national top-level
domain of the People's Republic of China and the Chinese domain name system;
(ii) "Registry Gateway" means the service provided by the Registry
Operator that facilitates the registration of .cn
domain names by registrars operating outside of the People's Republic of China;
(iii) "Registry Operator" means Neustar,
Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the
People's Republic of China.
(iv) Restrictions. You agree that you shall not
register or use a domain name that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the
Constitution of the Peoples Republic of China ("PRC");
(B) jeopardize national security, leak state secrets, intend to overturn the
government or disrupt the integrity of the PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different nationalities or
disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social stability of the
PRC;
(F) spread pornography, obscenity, gambling, violence, homicide, terror or
instigate crimes in the PRC;
(G) insult, libel against others and infringe other people's legal rights and
interests in the PRC; or
(H) take any other action prohibited in laws, rules and administrative
regulations of the PRC.
(v) Business or Organization Representation. .cn domain name registrations are intended for businesses
and organizations and not for individual use. By registering a .cn name, you accordingly represent that you have registered
the domain name on behalf or a business or organization. It should be noted
that, although .cn policy is permissive in terms of
registration, and enforcement is generally in reaction to a complaint (as
opposed to proactive review), registrations that are not associated with an
organization or business may be subject to deletion. The foregoing prevents an
individual from registering a .cn domain name for a
business operating as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and conditions of the CNNIC
Domain Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy
("Dispute Policy"), as they may be amended from time to time, which
are hereby incorporated and made an integral part of this Agreement. The
Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute Policy, Registrars must
comply with all reasonable requests from the applicable domain name dispute
resolution institutions including the provision of all relevant evidence in any
domain name disputes in the specified time frames.
(viii) If we are notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record without
our prior approval. We may not allow you to make changes to such domain name
record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by you and the
other party contesting your registration and use of our domain name
registration services that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your registration and use of
our domain name registration services, we may deposit control of your domain
name record into the registry of the judicial body by supplying a party with a
registrar certificate from us.
(ix) Adherence to Policies. You agree to comply with all applicable laws,
regulations and policies of the Peoples Republic of China's governmental
agencies and the China Internet Network Information Centre ("CNNIC"),
including but not limited to the following rules and regulations:
(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.
(x) Suspension and Cancellation. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, CNNIC or government-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with a CNNIC or government-adopted policy, (1) to correct mistakes by a party
in registering the name, (2) for the resolution of disputes concerning the
domain name, (3) to protect the integrity and stability of the registry, (4) to
comply with any applicable laws, government rules or requirements, requests of
aw enforcement, (5) to avoid any liability, civil or criminal, on the part of Tucows, Registry Operator or CNNIC, as well as their
affiliates, subsidiaries, directors, representatives, employees and
stockholders or (6) for violations of this Agreement. Tucows,
Registry Operator and CNNIC also reserve the right to "freeze" a
domain name during the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts (1) of
the Registrant's domicile, (2) where Tucows is
located, and (3) the People's Republic of
(xii) Governing Law. For the adjudication of a dispute concerning or arising
from use of a .cn domain, such dispute will be
governed under the Laws of the
(d) .de domains. In the case of a ".de"
registration, the following terms and conditions will apply:
(i) Selection of a Domain Name.
You represent that:
(A) you have reviewed and have accepted the Registry's Terms
and Conditions and the Registry's Guidelines and have provided your Reseller
with written confirmation of same;
(B) either you, or the person designated as the administrative contact for the
domain name, shall be resident or shall have a branch in Germany;
(C) to the best of the your knowledge and belief, neither this registration of
a domain name nor the manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party and, further, that the domain
name is not being registered for nor shall it at any time whatsoever be used
for any unlawful purpose whatsoever.
(ii) Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified by the Registry or any court of
law. You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms and
conditions specified by the Registry or any court of law. (iii) Registry
Policies. You agree to be bound by the Registry's Registration Terms and
Conditions and the Registration Guidelines. English language translations of
the Registry's documents are provided for convenience; in the event of a
discrepancy between the English and the German language agreements, the terms
of the German agreement will prevail. The Registry documents may be found at:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
(C) DENIC direct pricelist
http://www.denic.de/en/preisliste.html
11.3. German:
(D) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(E) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(F) DENIC-Preisliste
http://www.denic.de/de/preisliste.html
(e) .tv domains. In the
case of a ".tv" registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another Registrar, you agree to be bound by the Dispute Policy
that is incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this policy.
(ii) Policy . You agree that your registration of the
.tv domain name shall be subject to suspension,
cancellation, or transfer pursuant to any ICANN or government adopted policy,
or pursuant to any Registrar or registry procedure not inconsistent with an
ICANN or government-adopted policy, (1) to correct mistakes by us or the
applicable Registry in registering the name or (2) for the resolution of
disputes concerning the domain name. You acknowledge that you have reviewed the
.tv General Terms of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
(f) co.uk, .org.uk,
ltd.uk, net.uk, plc.uk and me.uk domains. In the case of a co.uk, .org.uk,
ltd.uk, net.uk, plc.uk or me.uk registration, the following terms and
conditions will apply:
(i) "Nominet
(ii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy which is incorporated herein and made a
part of this Agreement by reference. The current version of the Dispute Policy
may be found at: http://www.nic.uk/DisputeResolution/DrsPolicy/.
Please take the time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your
registration of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Nominet UK-adopted
policy, term or condition, or pursuant to any registrar or registry procedure
not inconsistent with an Nominet UK-adopted policy,
(1) to correct mistakes by a registrar or the registry in registering the name,
or (2) for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
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
(iv) Transfer of Ownership. Any transfer of ownership
in and to a domain name registration shall be affected in accordance with Nominet
(g) .us domains. In the case of a
".us" registration, the following terms and conditions will apply:
(i) "DOC" means the
United States of America Department of Commerce.
(ii) us Nexus Requirement. Only those individuals or
organizations that have a substantive lawful connection in the
(iii) Selection of a Domain Name. You certify and represent that:
(A) You have and shall continue to have, a bona fide
presence in the United States on the basis of real and substantial lawful
contacts with, or lawful activities in, the United States as defined in Section
(ii) hereinabove;
(B) The listed name servers are located within the United States;
(C) The data provided in the domain name registration application is true,
correct, up to date and complete, and that you will continue to keep all of the
information provided correct, up-to-date and complete;
(D) To the best of the your knowledge and belief, neither this registration of
a domain name nor the manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party;
(E) That the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(F) You have the authority to enter into this Registration Agreement.
(iv) Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the Dispute Policy
and the usDRP, as defined below,
that is incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with these policies.
(A) 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:
(B) 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.
(C) 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.
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
(v) 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.
(vi) Indemnity. The DOC shall be added to the parties
you have agreed to indemnify in Section 13 hereinabove.
(vii) 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;
(E) 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.
(viii) 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.
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