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
8 to Infinity Pte Ltd, 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 , whether used by yourself,
licensed to a third party or pursuant to the Whois Privacy Service,
including without limitation infringement by you or a third party with
access to your Account Identifier and Password. You also agree to
release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the applicable Dispute Policy. When we are
threatened with suit by a third party, we may seek written assurances
from you concerning your promise to indemnify us; your failure to
provide those assurances may be considered by us to be a breach of your
Agreement and may result in the suspension or cancellation of your
domain name. This indemnification obligation will survive the
termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois
shall be the registered name holder. The person named as Administrative
contact at the time the controlling Account Identifier and Password are
secured, shall be deemed the designate of the Registrant with the
authority to manage the domain name. You agree that prior to
transferring ownership of your domain name to another person (the
"Transferee") you shall require the Transferee to agree, in writing to
be bound by all the terms and conditions of this Agreement. If the
Transferee fails to be bound in a reasonable fashion (as determine by
us in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
15. 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. RENEWALS AND FORFEITURE. Domain names are registered for a finite
period of time. You will receive reminders immediately prior to the
expiration of your registration inviting you to renew your domain name.
In the event that you fail to renew your domain name in a timely
fashion, your registration will expire and we may, at our discretion,
elect to assume the registration and may hold it for our own account,
delete it or we may sell it to a third party. 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 advising them that the
site is no longer in service. If we have elected to renew the
registration, you will be entitled to a grace period during which you
may purchase the domain name from us. Additional costs may apply. 17.
DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on
an "as is," "as available" basis. We expressly disclaim all warranties
of any kind, whether express or implied, including but not limited to
the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at
your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No advice
or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
(a) your name and postal address (or, if different, that of the domain
name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
domain name;
(d) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain
name; and
(e) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the technical contact for the domain
name.
Any voluntary information we request is collected in order that we can
continue to improve the products and services offered to you through
your Reseller.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, law
enforcement agencies and to other third parties as applicable. You
further agree and acknowledge that we may make publicly available, or
directly available to third party vendors, some or all, of the domain
name registration information you provide, for purposes of inspection
(such as through our Whois service) or other purposes as required or
permitted by ICANN and applicable laws.
(a) You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of,
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name registration
information by us.
(b) You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us
through your Reseller.
(c) We will not process or maintain data about any identified or
identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations which we describe
in this Agreement.
(d) We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized disclosure,
alteration or destruction of that information.
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to inquiries by
us addressed to the email address of the registrant, the
administrative, billing or technical contact appearing in the Whois
directory with respect to a domain name concerning the accuracy of
contact details associated with the registration shall constitute a
material breach of this Agreement and be a basis for cancellation of
the domain name registration. Any information collected by us
concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration of your domain
name(s) and for the purposes of this Agreement and as required or
permitted by ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to deny,
cancel, suspend, transfer or modify any domain name registration to
correct a mistake, protect the integrity and stability of the company
and any applicable registry, to comply with any applicable laws,
government rules, or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid any
liability, civil or criminal. You agree that we shall not be liable to
you for loss or damages that may result from our refusal to register or
cancel, suspend, transfer or modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this
Agreement may be inconsistent with any term, condition, policy or
procedure of an applicable registry, the term, condition, policy or
procedure of the applicable registry shall prevail.
23. NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or held to be a waiver of the
provision itself.
24. NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail
or via regular mail. In the case of e-mail, valid notice shall only
have been deemed to be given when an electronic confirmation of
delivery has been obtained by the sender. E-mail notification to Tucows
must be sent to lhutz@tucows.com. Any notice to you will be sent to the
e-mail address provided by you in your Whois record. Any e-mail
communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is a business day
and such delivery was made prior to 4:00 p.m. EST, otherwise it will be
deemed to have been delivered on the next business day. In the case of
regular mail notice, valid notice shall be deemed to have been validly
and effectively given five (5) business days after the date of mailing
Postal notices to Tucows shall be sent to:
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.
25. ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by Tucows and any
applicable registry or other governing authorities are the complete and
exclusive agreement between you and us regarding our Services.
26. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE
FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE
BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF
SUCH COURTS.
27. INFANCY. You attest that you are of legal age to enter into this
Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor the
applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause
beyond our reasonable control, including but not limited to, acts of
God, acts of civil or military authority, fires, wars, riots,
earthquakes, storms, typhoons and floods.
29. PRIVACY. Information collected about you is subject to the terms of
Tucows' privacy policy, the terms of which are hereby incorporated by
reference. Tucows' privacy policy can be found at:
http://www.tucows.com/privacy.html
30. CONTROLLING LANGUAGE. In the event that you are reading this
Agreement in a language other than the English language, you
acknowledge and agree that the English language version hereof shall
prevail in case of inconsistency or contradiction in interpretation or
translation.
31. TLD'S. The following additional provisions apply to any domain
names that you register through Tucows with the various registries:
(a) .com/net Domains: In the case of a ".com" or ".net" registration,
the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit
to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP")
(http://www.icann.org/dndr/udrp/policy.htm) and comply with the
requirements set forth by the Registry; these policies are subject to
modification;
(ii) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and (2)
where Tucows is located, presently Toronto, Ontario.
(b) .org Domains: In the case of a ".org" registration, the following
terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit
to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP")
(http://www.icann.org/dndr/udrp/policy.htm) and comply with the
requirements set forth by the Registry. These policies are subject to
modification;
(ii) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and (2)
where Tucows is located, presently Toronto, Ontario.
(c) .info Domains: In the case of a ".info" registration, the following
terms and conditions will apply:
(i) Registrant's Personal Data. You consent to the
use, copying, distribution, publication, modification, and other
processing of Registrant's personal data by Afilias, the .INFO
registry, and its designees and agents, in a manner consistent with the
purposes specified pursuant to its contract.
(ii) Submission to UDRP. Registrant agrees to submit
to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP")
(http://www.icann.org/dndr/udrp/policy.htm) and comply with the
requirements set forth by the Registry. These policies are subject to
modification;
(iii) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and (2)
where Tucows is located, presently Toronto, Ontario;
(iv) Reservation of Rights. Tucows and Afilias
expressly reserve the right to deny, cancel, transfer, or modify any
registration that either registrar or Afilias deems necessary, at its
discretion, to protect the integrity and stability of the registry, to
comply with any applicable law, any government rule or requirement, any
request of law enforcement, any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of the registrar and/or
Afilias, as well as their affiliates, subsidiaries, executives,
directors, officers, managers, employees, consultants, and agents. The
registrar and Afilias also reserve the right to suspend a domain name
or its registration data during resolution of a dispute.
(d) .biz Domains. In the case of a ".biz" registration, the following
terms and conditions will apply:
(i) .biz Restrictions. Registrations in the .biz
top-level domain must be used or intended to be used primarily for bona
fide business or commercial purposes. For the purposes of the .biz
registration restrictions, "bona fide business or commercial use" shall
mean the bona fide use or bona fide intent to use the domain name or
any content, software, materials, graphics or other information
thereon, to permit Internet users to access one or more host computers
through the DNS:
(A) to exchange goods,
services, or property of any kind;
(B) in the ordinary course
of business; or
(C) to facilitate (i) the
exchange of goods, services, information or property of any kind; or
(ii) the ordinary course of trade or business.
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.
(vii) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and (2)
where Tucows is located, presently Toronto, Ontario.
(e) .name Domains. In the case of a ".name" registration, the following
terms and conditions will apply:
(i) .name Restrictions. Registrations in the .name
top-level domain must constitute an individual's "Personal Name". For
purposes of the .name restrictions (the "Restrictions"), a "Personal
Name" is a person's legal name, or a name by which the person is
commonly known. A "name by which a person is commonly known" includes,
without limitation, a pseudonym used by an author or painter, or a
stage name used by a singer or actor.
(ii) .name Representations. As a .name domain name
registrant, you hereby represent that:
(A) the registered domain
name or second level domain ("SLD") e-mail address is your Personal
Name.
(B) the data provided in the
domain name registration application is true, correct, up to date and
complete and that you will continue to keep all of the information
provided correct, current and complete,
(C) to the best of the your
knowledge and belief, neither this registration of a domain name nor
the manner in which it is directly or indirectly to be used infringes
upon the legal rights of a third party;
(D) that the domain name is
not being registered for nor shall it at any time whatsoever be used
for any unlawful purpose whatsoever;
(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. 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.
(xi) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and (2)
where Tucows is located, presently Toronto, Ontario.
32. ccTLD'S
(a) .at Domains. In the case of a ".at" registration, the following
terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry website
at http://nic.at/en/agb/ag_agb2003.asp. You are responsible for
monitoring the Registry's site on a regular basis. In the event that
you do not wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding
such cancellation.
(b) .be Domains. In the case of a ".be" registration, the following
terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry website
at http://www.dns.be/en/home.php?n=51. You are responsible for
monitoring the Registry's site on a regular basis. In the event that
you do not wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding
such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the .be Dispute Policy
that is incorporated herein and made a part of this Agreement by
reference. The current version of the Dispute Policy may be found at
http://www.dns.be/en/home.php?n=53.
(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) .ch Domains. In the case of a ".ch" registration, the following
terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry website
at http://www.switch.ch/id/terms. You are responsible for monitoring
the Registry's site on a regular basis. In the event that you do not
wish to be bound by a revision or modification to any Registry policy,
your sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the .ch Dispute Policy
that is incorporated herein and made a part of this Agreement by
reference. The current version of the Dispute Policy may be found at
http://www.switch.ch/id/disputes/rules. Please take the time to
familiarize yourself with this policy.
(d) .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 China.
(xii) Governing Law. For the adjudication of a
dispute concerning or arising from use of a .cn domain, such dispute
will be governed under the Laws of the Peoples Republic of China.
(e) .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
11.3. German:
(C)
DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D)
DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(h) .eu domains. In the case of a ".eu" registration, the following
terms and conditions will apply:
(i) Eligibility Criteria: .eu domain names are
available for registration to companies and persons who fulfill the
following criteria. As a condition of registration, you accordingly
represent that you are:
(I) an undertaking having
its registered office, central administration or principal place of
business within the European Community;
(II) an organization
established within the European Community without prejudice to the
application of national law, or
(III) a natural person
resident within the European Community.
(ii) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry
website. Registration policies of the Registry and the terms and
conditions applicable to your .eu registration may be found at:
http://www.eurid.eu/en/documents/registration_policy_v._1_0.pdf and
http://www.eurid.eu/en/documents/terms_and_conditions_v1_0_.pdf
respectively. You are responsible for monitoring the Registry's site on
a regular basis. In the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
(iii) Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is challenged by a
third party, you will be subject to the provisions specified by the
Registry or any court of law.
(iv) Sunrise and General Pre-registration
Applications. You acknowledge that the submission of a "Sunrise" or a
"General Pre-registration Application" does not ensure the registration
of the domain name. In the event that your application does not result
in a domain name registration, a portion of the registration fee shall
be refunded after the deduction of a handling fee, which fee shall be
subject to change based on fluctuations in the exchange rates of the US
dollar and Euro. You agree that your sunrise application shall be
subject to the pre-registration policies found at
http://www.eurid.eu/en/launch/index_html.
(f) .fr Domains. In the case of a ".fr" registration, the following
terms and conditions will apply:
(i) Representation of Registrant. .fr domain names
are available for registration to companies and persons who fulfill the
following criteria. As a condition of registration, you accordingly
represent that you are:
(A) A legal entity:
(I)
whose head office is in France; (or),
(II)
which possess an address in France which is expressly listed in the
public electronic databases of the registrars of the commercial courts
or the National Statistical and Economic Studies Institute (INSEE),
(or),
(III) State institutions or departments, local authorities or
associated establishments, (or),
(IV)
which own a trademark registered with the National Intellectual
Property Institute or own a registered EU or international trademark
which expressly includes French territory; or
(B) A natural person:
(I)
of French nationality; (or),
(II)
of foreign nationality who are domiciled in France; (or),
(III) who own a trademark registered with the National Intellectual
Property Institute or own a registered EU or international trademark
which expressly includes French territory.
(ii)
Administrative Contact. Each registrant must designate an
administrative contact to act as a coordinator between the Registrant
and the Registry. In the case of .fr registrations, the administrative
contact must be based in France where it can receive legal and other
documents.
(iii) Registry Policies. You agree to be bound by the Registry's Naming
Charter, its registration rules for .fr. English language translations
of the Registry's documents are provided for convenience. The Registry
documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv)
Domain Name Disputes. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you
will be subject to the provisions specified by the Registry or any
court of law. The current .fr dispute resolution policy and procedures
can be found at http://www.afnic.fr/doc/ref/juridique/parl. You agree
that in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and
conditions specified by the Registry or any court of law.
(i) .it Domains. In the case of an "it" registration, the following
terms and conditions shall apply:
(i) Registration Criteria. Registration of an .it
name is restricted to subjects belonging to a member state of the
European Union. Individuals and associations operating without a VAT
number or a fiscal code are limited to a single domain name
registration.
(i) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement you shall
be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry website
at http://www.nic.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.
(g) .nl Domains. In the case of a ".nl" registration, the following
terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl
domain name is unrestricted save and except that applicants who are not
based in the Netherlands or who do not have a registered address in the
Netherlands must provide an address in the Netherlands where written
documents can be sent to the applicant and where legal summonses can be
served.
(ii) Registry Policies. You agree to be bound by the
policies of the Registry including but not limited to the Registry's
Registration Regulations. English language translations of the
Registry's documents are provided for convenience and may be found at
www.domain-registry.nl/sidn_english/flat/ General/Rules/Regulations.
(iii) 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
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.
(h) .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.
(i) 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 UK" means the entity granted the
exclusive right to administer the registry for .uk domain name
registrations.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the Dispute Policy
which is incorporated herein and made a part of this Agreement by
reference. The current version of the Dispute Policy may be found at:
http://www.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
UK. This is a separate contract from this agreement; may be found at
http://resellers.tucows.com/contracts/uk/ukterms. Tucows and Reseller
must also make you aware that by accepting Nominet's terms and
conditions you are consenting to Nominet using your personal data for a
variety of reasons. In particular, your name and address may be
published as part of Nominet's Whois look-up service.
(iv) Transfer of Ownership. Any transfer of
ownership in and to a domain name registration shall be affected in
accordance with Nominet UK policies and procedures..
(j) .us Domains. In the case of a ".us" registration, the following
terms and conditions will apply:
(i) "DOC" means the United States of America
Department of Commerce.
(ii) us Nexus Requirement. Only those individuals or
organizations that have a substantive lawful connection in the United
States are permitted to register for .usTLD domain names. Registrants
in the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus
Requirements") set out at:
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and
represent that:
(A) You have and shall
continue to have, a bona fide presence in the United States on the
basis of real and substantial lawful contacts with, or lawful
activities in, the United States as defined in Section (ii) hereinabove;
(B) The listed name servers
are located within the United States;
(C) The data provided in the
domain name registration application is true, correct, up to date and
complete, and that you will continue to keep all of the information
provided correct, up-to-date and complete;
(D) To the best of the your
knowledge and belief, neither this registration of a domain name nor
the manner in which it is directly or indirectly to be used infringes
upon the legal rights of a third party;
(E) That the domain name is
not being registered for nor shall it at any time whatsoever be used
for any unlawful purpose whatsoever;
(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
United States.
(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.
33. WHOIS PRIVACY SERVICE. The following terms and conditions will
apply if you subscribe to the Whois Privacy Service:
(a) Subscribers to the Whois Privacy Service have
elected to include the following information in the publicly available
Whois Registry:
(i) Contactprivacy.com shall
appear as the Registrant and Contacts name(s);
(ii) Tucows' postal address
and a Tucows assigned email address and telephone number shall appear
on behalf of the Registrant and the Contact(s);
(iii) The primary and
secondary nameservers shall be those designated by the Registrant;
(iv) The original date of
registration and the expiration of each domain name;
(v) Tucows will be
identified as the registrar of record.
(b) You understand and agree that the Registrant and
Contact Information that you have provided will be kept on file. You
further agree and warrant that you will ensure that the Whois
Information is true, accurate and up to date.
(c) You will will retain complete control over the
domain name and its registration records and may suspend and reinstate
the Whois Privacy Service at your discretion.
(d) The Whois Privacy Service may be used with both
new and existing domain name registrations. You may use the Whois
Privacy Service with respect to a domain name that has been transferred
but it will only commence after the transfer has been completed. If you
wish to transfer the domain name to a different registrar,the Whois
Privacy Service must be disabled in order to initiate the transfer.
(e) We will send all obligatory renewal and transfer
related messages to the Contacts you have designated.
(f) Communications Forwarding. Communications
received with respect to a particular domain name registration will be
handled as follows:
(i) We will forward to you
or a Contact all correspondence received by registered mail or
traceable courier. This information may be opened, scanned and emailed
to you or your Contact.. Regular postal mail will be discarded or
returned to sender at our discretion.
(ii) Email correspondence
will be forwarded according to the instructions of the Registrant as
they appear in our records.
(iii) A voice mail message
will advise all callers that inbound messages will not be accepted;
calls will be directed to the contactprivacy.com web site where written
messages will be forwarded according to your instructions.
(iv) We will only be
responsible for forwarding communications where our details have
appeared in the whois and when your Whois Information is accurate,
complete and up to date.
(g) Right to Suspend and Disable. We shall have the
right, at our sole discretion and without liability to you or any of
your Contacts, suspend or cancel your domain name and to reveal
Registrant and Contact Whois Information in certain circumstances,
including but not limited to the following:
(i) when required by law;
(ii) in the good faith
belief that disclosure is necessary to further determination of an
alleged breach of a law;
(iii) to comply with a legal
process served upon Tucows;
(iv) to resolve any and all
third party claims including but not limited to ICANN's or a Registry's
dispute resolution policy;
(v) to avoid financial loss
or legal liability;
(vi) if we believe that you
or one of your Contacts is using the Whois Privacy Service to conceal
involvement with illegal, illicit, objectionable or harmful activities;
or
(vii) to transmit SPAM,
viruses, worms or other harmful computer programs.
(h) You understand and agree that, in the event that
we receive a formal complaint, notice of claim or UDRP, that we will
have the right to disable the Whois Privacy Service pending final
disposition of the matter.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT
RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.
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