Exhibit A
Registration Agreement
- IN THIS REGISTRATION AGREEMENT ("Agreement"),
"Registrant", "you" and "your" refers to the Registrant of each domain name
registration, "we", "us" and "our" refers to Tucows.com Co., and "Services"
refers to the domain name registration services provided by us as offered
through OnlyConnect Systems Ltd, the Registration Service
Provider ("Reseller"). Any reference to a "registry," "Registry" or "Registry
Operator" shall refer to the registry administrator of the applicable
top-level domain ("TLD"). This Agreement explains our obligations to you, and
explains your obligations to us for the Services. By agreeing to the terms and
conditions set forth in this Agreement, you are also agreeing to be bound by
the rules and regulations set forth by a registry for that particular registry
only.
- SELECTION OF A DOMAIN NAME. You acknowledge and agree
that we cannot guarantee that you will obtain a desired domain name, even if
an inquiry indicates that a domain name is available at the time of your
application. You represent that, to the best of the your knowledge and belief,
neither the registration of the domain name nor the manner in which you intend
to use it, infringes upon the legal rights of a third party and further, that
the domain name is not being registered for, nor shall it at any time
whatsoever be used for, any unlawful purpose. During the period following
registration of a domain name and the appointment of active name servers, we
may post a stagnant web page and any revenues generated from same shall be for
our own account.
- FEES. As consideration for the Services, you agree to pay
Reseller the applicable service(s) fees prior to the effectiveness of a
desired domain name registration or any renewal thereof. All fees payable
hereunder are non-refundable even if your domain name registration is
suspended, cancelled or transferred prior to the end of your current
registration term. As further consideration for the Services, you agree to:
(1) provide certain current, complete and accurate information about you as
required by the registration process, and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). You represent that the Account Information and all other
statements put forth in your application are true, complete and accurate. Both
Tucows and each registry reserves the right to terminate your domain name
registration if: (i) information provided by you or your agent is false,
inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii)
you have failed to maintain, update and keep your Account Information true,
current, complete, accurate and reliable. You acknowledge that a breach of
this Section 3 will constitute a material breach of our Agreement, which will
entitle either us or a registry to terminate this Agreement immediately upon
such breach without any refund and without notice to you.
- TERM. This Agreement will remain in effect during the
term of your domain name registration as selected, recorded and paid for at
the time of registration or any renewal thereof. Should the domain name be
transferred to another registrar, the terms and conditions of this Agreement
shall cease.
- MODIFICATIONS TO AGREEMENT. You acknowledge that the
practice of registering and administering domain names is constantly evolving;
therefore, you agree that Tucows may modify this Agreement, or any other
related and/or applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or individual, as well
as to adjust to changing circumstances. All amendments to this Agreement will
be posted on our website. Your continued use of the domain name registered to
you will constitute your acceptance of this Agreement with any revisions. If
you do not agree to any change, you may request that your domain name
registration be cancelled or transferred to a different accredited registrar.
You agree that such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any change to this Agreement,
or any other related and/or applicable agreement.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use the Account Identifier and
Password that you selected when you opened your account with us. You agree to
safeguard your Account Identifier and Password from any unauthorized use. In
no event shall we be liable for the unauthorized use or misuse of your Account
Identifier or Password.
- NO GUARANTEE. You acknowledge that registration or
reservation of your chosen domain name does not confer immunity from objection
to the registration, reservation or use of the domain name.
- DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third party, you will be
subject to the provisions specified in the dispute policy adopted by the
applicable registry. You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless pursuant to the
terms and conditions contained in the applicable policy. If Tucows is notified
that a complaint has been filed with a judicial or administrative body
regarding your domain name, Tucows may, at its sole discretion, suspend your
ability to use your domain name or to make modifications to your registration
records until (i) Tucows is directed to do so by the judicial or
administrative body, or (ii) Tucows receives notification by you and the other
party contesting your domain that the dispute has been settled. Furthermore,
you agree that if you are subject to litigation regarding your registration or
use of your domain name, Tucows may deposit control of your registration
record into the registry of the judicial body by supplying a party with a
registrar certificate from us.
- POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to a
Tucows, registry, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Tucows, registry,
ICANN or government-adopted policy, (1) to correct mistakes by us or a
registry in registering the name or (2) for the resolution of disputes
concerning the domain name.
- AGENCY. Should you intend to license use of a domain name
to a third party you shall nonetheless be the domain name holder of record and
are therefore responsible for providing your own full contact information and
for providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept liability for harm
caused by wrongful use of the domain name. You represent that you will secure
the agreement of any third party to the terms and conditions in this
Agreement.
- ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation of our
services and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security or to
enhance your identity on the Internet.
- LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited to the
amount you paid for the initial registration of your domain name. Tucows and
its directors, employees, affiliates, subsidiaries, agents and third party
providers, ICANN and the applicable registries shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or
liability resulting from the interruption of your Service. You agree that we
will not be liable for any loss of registration and use of your domain name,
or for interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages.
- INDEMNITY. You agree to release, indemnify, and hold
Tucows, its contractors, agents, employees, officers, directors and
affiliates, ICANN, the applicable registries and their respective directors,
officers, employees, agents and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, of third parties arising out
of or relating to the registration or use of the domain name registered in
your name, whether used by yourself, licensed to a third party or pursuant to
the Whois Privacy Service, including without limitation infringement by you or
a third party with access to your Account Identifier and Password. You also
agree to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the applicable Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result in the
suspension or cancellation of your domain name. This indemnification
obligation will survive the termination or expiration of this Agreement.
- TRANSFER OF OWNERSHIP. The person named as Registrant on
the Whois shall be the registered name holder. The person named as
administrative contact at the time the controlling account identifier and
password are secured shall be deemed the designate of the Registrant with the
authority to manage the domain name. You agree that prior to transferring
ownership of your domain name to another person (the "Transferee") you shall
require the Transferee to agree, in writing to be bound by all the terms and
conditions of this Agreement. If the Transferee fails to be bound in a
reasonable fashion (as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will be null and void.
- RENEWALS AND FORFEITURE. Domain names are registered for
a finite period of time. You will receive reminders immediately prior to the
expiration of your registration inviting you to renew your domain name and
specifying the amount of time you have to renew your domain name. In the event
that you fail to renew your domain name in a timely fashion, your registration
will expire and we may, at our discretion, elect to assume the registration
and may hold it for our own account, delete it or we may sell it to a third
party. You acknowledge and agree that your right and interest in a domain name
ceases upon its expiration and that any expired domain name may be made
available for registration by a third party.
If you fail to renew your
registration, your domain name may cease to resolve and visitors to your site
may be redirected to a default page informing them that the site is no longer
in service. This parked or default page may feature advertisements posted by
us for our own account.
If we, in our sole discretion, have elected to
renew the registration, you will be entitled to a grace period of thirty-five
(35) days during which you may re-register the domain name from us. Additional
costs for the redemption and re-registration will apply. During this grace
period, we may post a parked page and/or may revise the "Whois" registration
records to include either our information or that of your Reseller. The domain
name also may be listed for auction. If the name is sold during any such
auction, it will be acquired by a third party on a provisional basis and will
remain available for re-registration by you during our stated grace period. If
you do not re-register the domain name during the grace period, the auction
sale will be concluded.
If you fail to renew your domain name registration
during the grace period, you acknowledge that you have abandoned the domain
name and that it is available for sale and registration by any third party.
- BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within thirty (30)
calendar days of the date of such notice, you fail to provide evidence, which
is reasonably satisfactory to us, that you have not breached your obligations
under the Agreement, then we may delete the registration or reservation of
your domain name. Any such breach by you shall not be deemed to be excused
simply because we did not act earlier in response to that, or any other breach
by you.
- DISCLAIMER OF WARRANTIES. You agree that your use of our
Services is solely at your own risk. You agree that such Service(s) is
provided on an "as is," "as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will
be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at your
own discretion and risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered into
through the Service. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create any warranty not
expressly made herein.
- INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and accurate.
You are obliged to provide us the following information: (a) your name and
postal address (or, if different, that of the domain name holder); (b) the
domain name being registered; (c) the name, postal address, e-mail address,
and voice and fax (if available) telephone numbers of the administrative
contact for the domain name; (d) the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the billing contact for the
domain name; and (e) the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the technical contact for the domain
name. Any voluntary information we request is collected in order that we can
continue to improve the products and services offered to you through your
Reseller.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, law enforcement
agencies and to other third parties as applicable. You further agree and
acknowledge that we may make publicly available, or directly available to
third party vendors, some or all, of the domain name registration information
you provide, for purposes of inspection (such as through our Whois service) or
other purposes as required or permitted by ICANN and applicable laws. (a) You
hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided by you
in connection with the registration of a domain name (including any updates to
such information), whether during or after the term of your registration of
the domain name. You hereby irrevocably waive any and all claims and causes of
action you may have arising from such disclosure or use of your domain name
registration information by us. (b) You may access your domain name
registration information in our possession to review, modify or update such
information, by accessing our domain manager service, or similar service, made
available by us through your Reseller. (c) We will not process or maintain
data about any identified or identifiable natural person that we obtain from
you in a way incompatible with the purposes and other limitations which we
describe in this Agreement. (d) We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse, unauthorized
disclosure, alteration or destruction of that information.
- OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of
inaccurate or unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to inquiries by us
addressed to the email address of the registrant, the administrative, billing
or technical contact appearing in the Whois directory with respect to a domain
name concerning the accuracy of contact details associated with the
registration shall constitute a material breach of this Agreement and be a
basis for cancellation of the domain name registration. Any information
collected by us concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as required or
permitted by ICANN or an applicable registry policy.
- REVOCATION. We, in our sole discretion, reserve the right
to deny, cancel, suspend, transfer or modify any domain name registration to
correct a mistake, protect the integrity and stability of the company and any
applicable registry, to comply with any applicable laws, government rules, or
requirements, requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal. You agree
that we shall not be liable to you for loss or damages that may result from
our refusal to register or cancel, suspend, transfer or modify your domain
name registration.
- INCONSISTENCIES WITH REGISTRY POLICIES. In the event that
this Agreement may be inconsistent with any term, condition, policy or
procedure of an applicable registry, the term, condition, policy or procedure
of the applicable registry shall prevail.
- NON-WAIVER. Our failure to require performance by you of
any provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of a breach of
any provision hereof be taken or held to be a waiver of the provision itself.
- NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by sending it via
e-mail or via regular mail. In the case of e-mail, valid notice shall only
have been deemed to be given when an electronic confirmation of delivery has
been obtained by the sender. E-mail notification to Tucows must be sent to
lhutz@tucows.com. Any notice to you will be sent to the e-mail address
provided by you in your Whois record. Any e-mail communication shall be deemed
to have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to 4:00 p.m.
EST, otherwise it will be deemed to have been delivered on the next business
day. In the case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given five (5) business days after the date of
mailing Postal notices to Tucows shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to
you shall be sent to the address specified in the "Administrative Contact" in
your Whois record.
- ENTIRETY. You agree that this Agreement, the applicable
dispute policy and the rules and policies published by Tucows and any
applicable registry or other governing authority, are the complete and
exclusive agreement between you and us regarding our Services.
- GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO
AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE
BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH
COURTS.
- INFANCY. You attest that you are of legal age to enter
into this Agreement.
- FORCE MAJEURE. You acknowledge and agree that neither we
nor the applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause beyond
our reasonable control, including but not limited to, acts of God, acts of
civil or military authority, fires, wars, riots, earthquakes, storms, typhoons
and floods.
- PRIVACY. Information collected about you is subject to
the terms of Tucows' privacy policy, the terms of which are hereby
incorporated by reference. Tucows' privacy policy can be found at:
http://www.tucows.com/privacy.html
- CONTROLLING LANGUAGE. In the event that you are reading
this Agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
- TLD'S. The following additional provisions apply to any
domain names that you register through Tucows with the various registries:
- .com/net Domains: In the case of a ".com" or ".net" registration, the
following terms and conditions will apply:
- Submission to UDRP. Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies
are subject to modification;
- For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts
(1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
- .org Domains: In the case of a ".org" registration, the following terms
and conditions will apply:
- Submission to UDRP. Registrant agrees to submit to proceedings under
ICANN's Uniform Dom ain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification;
- For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts
(1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
- .info Domains: In the case of a ".info" registration, the following
terms and conditions will apply:
- Registrant's Personal Data. You consent to the use, copying,
distribution, publication, modification, and other processing of
Registrant's personal data by Afilias, the .INFO registry, and its
designees and agents, in a manner consistent with the purposes specified
pursuant to its contract;
- Submission to UDRP. Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification;
- For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts
(1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario;
- Reservation of Rights. Tucows and Afilias expressly reserve the right
to deny, cancel, transfer, or modify any registration that either
registrar or Afilias deems necessary, at its discretion, to protect the
integrity and stability of the registry, to comply with any applicable
law, any government rule or requirement, any request of law enforcement,
any dispute resolution process, or to avoid any liability, civil or
criminal, on the part of the registrar and/or Afilias, as well as their
affiliates, subsidiaries, executives, directors, officers, managers,
employees, consultants, and agents. The registrar and Afilias also reserve
the right to suspend a domain name or its registration data during
resolution of a dispute.
- .biz Domains. In the case of a ".biz" registration, the following terms
and conditions will apply:
- .biz Restrictions. Registrations in the .biz top-level domain must be
used or intended to be used primarily for bona fide business or commercial
purposes. For the purposes of the .biz registration restrictions, "bona
fide business or commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet users to access
one or more host computers through the DNS: (A) to exchange goods,
services, or property of any kind; (B) in the ordinary course of business;
or (C) to facilitate (i) the exchange of goods, services, information or
property of any kind; or (ii) the ordinary course of trade or
business.
For more information on the .biz restrictions, which are
incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
- Selection of a Domain Name. You represent that: (A) the data provided
in the domain name registration application is true, correct, up to date
and complete, and that you will continue to keep all of the information
provided correct, up-to-date and complete; (B) to the best of the your
knowledge and belief, neither this registration of a domain name nor the
manner in which it is directly or indirectly to be used infringes upon the
legal rights of a third party; (C) that the domain name is not being
registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever; (D) the registered domain name will be used
primarily for bona fide business or commercial purposes and not (a)
exclusively for personal use, or (b) solely for the purposes of (1)
selling, trading or leasing the domain name for compensation, or (2) the
unsolicited offering to sell, trade or lease the domain name for
compensation; (E) you have the authority to enter into this Registration
Agreement; and (F) the registered domain name is reasonably related to
your business or intended commercial purpose at the time of registration.
- Provision of Registration Data. As part of the registration process,
you are required to provide us with certain information and to keep the
information true, current, complete, and accurate at all times. The
information includes the following: (A) your full name; (B) your postal
address; (C) your e-mail address; (D) your voice telephone number; (E)
your fax number (if applicable); (F) the name of an authorized person for
contact purposes in the case of a registrant that is an organization,
association, or corporation; (G) the IP addresses of the primary
nameserver and any secondary nameserver for the domain name; (H) the
corresponding names of the primary and secondary nameservers; (I) the full
name, postal address, e-mail address, voice telephone number, and, when
available, fax number of the administrative, technical, and billing
contacts, and the name holder for the domain name; and (J) any remark
concerning the domain name that should appear in the Whois directory. (K)
You agree and understand that the foregoing registration data will be
publicly available and accessible on the Whois directory as required by
ICANN and/or registry policies, and may be sold in bulk in accordance with
the ICANN agreement.
- Domain Name Disputes. You acknowledge having read and understood and
agree to be bound by the terms and conditions of the following documents,
as they may be amended from time to time, which are hereby incorporated
and made an integral part of this Agreement: (A) The Uniform Domain Name
Dispute Resolution Policy ("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
- The Dispute Policy sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than the Registry
or Registrar over the registration and use of an Internet domain name
registered by Registrant.
- The RDRP sets forth the terms under which any allegation that a domain
name is not used primarily for business or commercial purposes shall be
endorsed on a case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider.
- For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts
(1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
- .name Domains. In the case of a ".name" registration, the following
terms and conditions will apply:
- .name Restrictions. Registrations in the .name top-level domain must
constitute an individual's "Personal Name". For purposes of the .name
restrictions (the "Restrictions"), a "Personal Name" is a person's legal
name, or a name by which the person is commonly known. A "name by which a
person is commonly known" includes, without limitation, a pseudonym used
by an author or painter, or a stage name used by a singer or actor.
- .name Representations. As a .name domain name registrant, you hereby
represent that: (A) the registered domain name or second level domain
("SLD") e-mail address is your Personal Name. (B) the data provided in the
domain name registration application is true, correct, up to date and
complete and that you will continue to keep all of the information
provided correct, current and complete, (C) to the best of the your
knowledge and belief, neither this registration of a domain name nor the
manner in which it is directly or indirectly to be used infringes upon the
legal rights of a third party; (D) that the domain name is not being
registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever; (E) the registration satisfies the
Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and (F) you have the authority to enter into this Registration Agreement.
- E-mail Forwarding Services. The Services for which you have registered
may, at your option, include e-mail forwarding. To the extent you opt to
use e-mail forwarding, you are obliged to do so in accordance with all
applicable legislation and are responsible for all use of e-mail
forwarding, including the content of messages sent through e-mail
forwarding.
You undertake to familiarize yourself with the content of
and to comply with the generally accepted rules for Internet and e-mail
usage. This includes, but is not limited to the Acceptable Use Policy,
available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to the foregoing,
you undertake not to use e-mail forwarding: (A) to encourage, allow or
participate in any form of illegal or unsuitable activity, including but
not restricted to the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright and/or
proprietary rights or publishing defamatory material; (B) to gain illegal
access to systems or networks by unauthorized access to or use of the data
in systems or networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or network or breaching
the security or access control without the sufficient approval of the
owner of the system or network; (C) to interrupt data traffic to other
users, servers or networks, including, but not restricted to, mail
bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to
overload another system or other forms of harassment; or (D) for spamming,
which includes, but is not restricted to, the mass mailing of unsolicited
e-mail, junk mail, the use of distribution lists (mailing lists) which
include persons who have not specifically given their consent to be placed
on such distribution list. Users are not permitted to provide false names
or in any other way to pose as somebody else when using e-mail forwarding.
- Registry reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry's e-mail forwarding. However, due to the nature of such
systems, which actively block messages, Registry shall make public any
decision to implement such systems a reasonable time in advance, so as to
allow you or us to give feedback on the decision.
- You understand and agree that Registry may delete material that does
not conform to clause (c) above or that in some other way constitutes a
misuse of e-mail forwarding. You further understand and agree that
Registry is at liberty to block your access to e-mail forwarding if you
use e-mail forwarding in a way that contravenes this Agreement. You will
be given prior warning of discontinuation of the e-mail forwarding unless
it would damage the reputation of Registry or jeopardize the security of
Registry or others to do so. Registry reserves the right to immediately
discontinue e-mail forwarding without notice if the technical stability of
e-mail forwarding is threatened in any way, or if you are in breach of
this Agreement. On discontinuing e-mail forwarding, Registry is not
obliged to store any contents or to forward unsent e-mail to you or a
third party.
- You understand and agree that to the extent either we and/or Registry
is required by law to disclose certain information or material in
connection with your e-mail forwarding, either we and/or Registry will do
so in accordance with such requirement and without notice to you.
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the dispute policy that is
incorporated herein and made a part of this Agreement by reference. You
hereby acknowledge that you have read and understood and agree to be bound
by the terms and conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated and made an
integral part of this Agreement. (A) the Eligibility Requirements (the
"Eligibility Requirements"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and (C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at: http://www.icann.org/dndr/udrp/policy.htm
- The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD e-mail addresses will be granted on a first-come,
first-served basis. The following categories of Personal Name
Registrations may be registered: (i) the Personal Name of an individual;
(ii) the Personal Name of a fictional character, if you have trademark or
service make rights in that character's Personal Name; (iii) in addition
to a Personal Name registration, you may add numeric characters to the
beginning or the end of the Personal Name so as to differentiate it from
other Personal Names.
- The ERDRP applies to challenges to (i) registered domain names and SLD
e-mail address registrations within .name on the grounds that a Registrant
does not meet the Eligibility Requirements, and (ii) to Defensive
Registrations (as defined by the Registry) within .name.
- The UDRP sets forth the terms and conditions in connection with a
dispute between a Registrant and party other than the Registry or Tucows
over the registration and use of an Internet domain name registered by a
Registrant.
- For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts
(1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
- .at Domains. In the case of a ".at" registration, the following terms
and conditions will apply:
- Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at
http://www.nic.at/en/service/legal_information/terms_conditions/. You are
responsible for monitoring the Registry's site on a regular basis. In the
event that you do not wish to be bound by a revision or modification to
any Registry policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding such
cancellation.
- .be Domains. In the case of a ".be" registration, the following terms
and conditions will apply:
- Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at
http://www.dns.be/en/home.php?n=121.
You are responsible for monitoring
the Registry's site on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration by following the
appropriate Registry policy regarding such cancellation.
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the .be Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.dns.be/en/home.php?n=53.
- .ca Domains. In the case of a ".ca" registration, the following terms
and conditions will apply:
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy, which is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this policy.
- Registry Policy. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Registry adopted policy, (1) to correct
mistakes by Tucows or the Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
- Transfer of Ownership. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with registry policies
and procedures.
- Registry Agreement and Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by
the Registry's Registrant Agreement, the Registry's policies and any
pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry's site on a regular basis.
In the event that you do not wish to be bound by a revision or
modification to any Registry agreement or policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry
policy regarding such cancellation.
- You acknowledge and agree that the Registry shall not be liable to you
for any loss, damage, or expense arising out of the Registry's failure or
refusal to register a domain name, it's failure or refusal to renew a
domain name registration, it's registration of a domain name, it's failure
or refusal to renew a domain name registration, it's renewal of a domain
name registration, it's failure or refusal to transfer a domain name
registration, it's transfer of a domain name registration, it's failure or
refusal to maintain or modify a domain name registration, it's maintenance
of a domain name registration, it's modification of a domain name
registration, it's failure to cancel a domain name registration or it's
cancellation of a domain name registration from the Registry;
- .cc Domains. In the case of a ".cc" registration, the following terms
and conditions will apply:
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html.
Please take the time to familiarize yourself with this policy.
- Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at: http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html.
You
are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding such
cancellation.
- .ch Domains. In the case of a ".ch" registration, the following terms
and conditions shall apply:
- Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry's site on a regular basis.
In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the .ch Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this policy.
- .cn Domains. In the case of a ".cn" registration, the following terms
and conditions shall apply:
- "Registry" means the China Internet Network Information Center, which
is the authority responsible for the administration of the national
top-level domain of the People's Republic of China and the Chinese domain
name system;
- "Registry Gateway" means the service provided by the Registry Operator
that facilitates the registration of .cn domain names by registrars
operating outside of the People's Republic of China;
- "Registry Operator" means Neustar, Inc., the company authorized to
facilitate the registration of .cn domain names by registrars operating
outside of the People's Republic of China.
- Restrictions. You agree that you shall not register or use a domain
name that is deemed by CNNIC to: (A) be against the basic principles
prescribed in the Constitution of the Peoples Republic of China ("PRC");
(B) jeopardize national security, leak state secrets, intend to overturn
the government or disrupt the integrity of the PRC; (C) harm national
honour and national interests of the PRC; (D) instigate hostility or
discrimination between different nationalities or disrupt the national
solidarity of the PRC; (E) spread rumours, disturb public order or disrupt
social stability of the PRC; (F) spread pornography, obscenity, gambling,
violence, homicide, terror or instigate crimes in the PRC; (G) insult,
libel against others and infringe other people's legal rights and
interests in the PRC; or (H) take any other action prohibited in laws,
rules and administrative regulations of the PRC.
- Business or Organization Representation. .cn domain name registrations
are intended for businesses and organizations and not for individual use.
By registering a .cn name, you accordingly represent that you have
registered the domain name on behalf or a business or organization. It
should be noted that, although .cn policy is permissive in terms of
registration, and enforcement is generally in reaction to a complaint (as
opposed to proactive review), registrations that are not associated with
an organization or business may be subject to deletion. The foregoing
prevents an individual from registering a .cn domain name for a business
operating as a sole proprietorship.
- Domain Name Disputes. You acknowledge having read and understood and
agree to be bound by the terms and conditions of the CNNIC Domain Name
Dispute Policy & Rules for CNNIC Dispute Resolution Policy ("Dispute
Policy"), as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement. The Dispute
Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
- You acknowledge that, pursuant to the Dispute Policy, Registrars must
comply with all reasonable requests from the applicable domain name
dispute resolution institutions including the provision of all relevant
evidence in any domain name disputes in the specified time frames.
- If we are notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the other
party contesting your registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you agree that if
you are subject to litigation regarding your registration and use of our
domain name registration services, we may deposit control of your domain
name record into the registry of the judicial body by supplying a party
with a registrar certificate from us.
- Adherence to Policies. You agree to comply with all applicable laws,
regulations and policies of the Peoples Republic of China's governmental
agencies and the China Internet Network Information Centre ("CNNIC"),
including but not limited to the following rules and regulations: (A)
Provisional Administrative Rules for Registration of Domain Names in China
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain Names in
China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and (D) CNNIC Implementing Rules of Domain Name Registration (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You
acknowledge that you have read and understood and agree to be bound by the
terms and conditions of the policies of the CNNIC, as they may be amended
from time to time.
- Suspension and Cancellation. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, CNNIC or government-adopted
policy, or pursuant to any registrar or registry procedure not
inconsistent with a CNNIC or government-adopted policy, (1) to correct
mistakes by a party in registering the name, (2) for the resolution of
disputes concerning the domain name, (3) to protect the integrity and
stability of the registry, (4) to comply with any applicable laws,
government rules or requirements, requests of aw enforcement, (5) to avoid
any liability, civil or criminal, on the part of Tucows, Registry Operator
or CNNIC, as well as their affiliates, subsidiaries, directors,
representatives, employees and stockholders or (6) for violations of this
Agreement. Tucows, Registry Operator and CNNIC also reserve the right to
"freeze" a domain name during the resolution of a dispute.
- Jurisdiction. For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, (2) where
Tucows is located, and (3) the People's Republic of China.
- Governing Law. For the adjudication of a dispute concerning or arising
from use of a .cn domain, such dispute will be governed under the Laws of
the Peoples Republic of China.
- .de Domains. In the case of a ".de" registration, the following terms
and conditions will apply:
- Selection of a Domain Name. You represent that: (A) you have reviewed
and have accepted the Registry's Terms and Conditions and the Registry's
Guidelines and have provided your Reseller with written confirmation of
same;you have reviewed and have accepted the Registry's Terms and
Conditions and the Registry's Guidelines and have provided your Reseller
with written confirmation of same; (B) either you, or the person
designated as the administrative contact for the domain name, shall be
resident or shall have a branch in Germany; (C) to the best of the your
knowledge and belief, neither this registration of a domain name nor the
manner in which it is directly or indirectly to be used infringes upon the
legal rights of a third party and, further, that the domain name is not
being registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever.
- Domain Name Disputes. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you will
be subject to the provisions specified by the Registry or any court of
law. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms
and conditions specified by the Registry or any court of law.
- Registry Policies. You agree to be bound by the Registry's
Registration Terms and Conditions and the Registration Guidelines. English
language translations of the Registry's documents are provided for
convenience; in the event of a discrepancy between the English and the
German language agreements, the terms of the German agreement will
prevail. The Registry documents may be found at: English: (A) Registration
Terms and Conditions http://www.denic.de/en/bedingungen.html;
(B) Registration Guidelines http://www.denic.de/en/richtlinien.html;
German: (C) DENIC-Registrierungsbedingungen http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html
- .eu domains. In the case of a ".eu" registration, the following terms
and conditions will apply:
- Eligibility Criteria. .eu domain names are available for registration
to companies and persons who fulfill the following criteria. As a
condition of registration, you accordingly represent that you are: (A) an
undertaking having its registered office, central administration or
principal place of business within the European Community; (B) an
organization established within the European Community without prejudice
to the application of national law, or (C) a natural person resident
within the European Community.
- Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website. Registration policies
of the Registry and the terms and conditions applicable to your .eu
registration may be found at: http://www.eurid.eu/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_en.pdf.
You are responsible for monitoring the Registry's site on a regular basis.
In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
- Domain Name Disputes. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you will
be subject to the provisions specified by the Registry or any court of
law.
- .fr Domains. In the case of a ".fr" registration, the following terms
and conditions will apply:
- Representation of Registrant. .fr domain names are available for
registration to companies and persons who fulfill the following criteria.
As a condition of registration, you accordingly represent that you are:
(A) A legal entity: (I) whose head office is in France; (or), (II) which
possess an address in France which is expressly listed in the public
electronic databases of the registrars of the commercial courts or the
National Statistical and Economic Studies Institute (INSEE), (or), (III)
State institutions or departments, local authorities or associated
establishments, (or), (IV) which own a trademark registered with the
National Intellectual Property Institute or own a registered EU or
international trademark which expressly includes French territory.
- Administrative Contact. Each registrant must designate an
administrative contact to act as a coordinator between the registrant and
the Registry. In the case of .fr registrations, the administrative contact
must be based in France where it can receive legal and other documents.
- Registry Policies. You agree to be bound by the Registry's Naming
Charter, its registration rules for .fr. English language translations of
the Registry's documents are provided for convenience. The Registry
documents may be found at: http://www.afnic.fr/obtenir/chartes/nommage-fr.
- Domain Name Disputes. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you will
be subject to the provisions specified by the Registry or any court of
law. The current .fr dispute resolution policy and procedures can be found
at http://www.afnic.fr/doc/ref/juridique/parl.
You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms and
conditions specified by the Registry or any court of law.
- .it Domains. In the case of a "it" registration, the following terms and
conditions shall apply:
- Registration Criteria. Registration of an .it name is restricted to
subjects belonging to a member state of the European Union. Individuals
and associations operating without a VAT number or a fiscal code are
limited to a single domain name registration.
- Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry's site on a regular basis.
In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation. Additional policies, including transfer
procedures and "netiquette" rules may be found at http://www.nic.it/NA/index-engl.html.
- .nl Domains. In the case of a ".nl" registration, the following terms
and conditions shall apply:
- Registration Criteria. Registration of a .nl domain name is
unrestricted save and except that applicants who are not based in the
Netherlands or who do not have a registered address in the Netherlands
must provide an address in the Netherlands where written documents can be
sent to the applicant and where legal summonses can be served.
- Registry Policies. You agree to be bound by the policies of the
Registry including but not limited to the Registry's Registration
Regulations. English language translations of the Registry's documents are
provided for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,17,,,,Rules.html.
You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions
specified by the Registry or any court of law. The current .nl dispute
resolution policy and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms and
conditions specified by the Registry or any court of law.
- .tv Domains. In the case of a ".tv" registration, the following terms
and conditions will apply:
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
Registrar, you agree to be bound by the Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this policy.
- Policy. You agree that your registration of the .tv domain name shall
be subject to suspension, cancellation, or transfer pursuant to any ICANN
or government adopted policy, or pursuant to any Registrar or registry
procedure not inconsistent with an ICANN or government-adopted policy, (1)
to correct mistakes by us or the applicable Registry in registering the
name or (2) for the resolution of disputes concerning the domain name. You
acknowledge that you have reviewed the .tv General Terms of Service which
may be found at http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html"
and expressly agree to the terms outlined therein.
- .uk Domains. In the case of a .uk registration, the following terms and
conditions will apply:
- "Nominet UK" means the entity granted the exclusive right to
administer the registry for .uk domain name registrations.
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy which is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/:%3Ehttp://www.nominet.org.uk/disputes/%3C/a%3E.%20Please%20take%20the%20time%20to%20familiarize%20yourself%20with%20this%20policy.%3Cbr%20/%3ENominet%20UK%20Policy.%20You%20agree%20that%20your%20registration%20of%20the%20domain%20name%20shall%20be%20subject%20to%20suspension,%20cancellation,%20or%20transfer%20pursuant%20to%20any%20Nominet%20UK-adopted%20policy,%20term%20or%20condition,%20or%20pursuant%20to%20any%20registrar%20or%20registry%20procedure%20not%20inconsistent%20with%20an%20Nominet%20UK-adopted%20policy,%20(1)%20to%20correct%20mistakes%20by%20a%20registrar%20or%20the%20registry%20in%20registering%20the%20name,%20or%20(2)%20for%20the%20resolution%20of%20disputes%20concerning%20the%20domain%20name.%20The%20current%20Nominet%20UK%20terms%20and%20conditions%20can%20be%20found%20at:%20%3Ca%20href=
When
you submit a request for a domain name registration with Tucows and/or
Reseller, you will be entering into two contracts Ð one contract with
Tucows and/or Reseller and one contract with Nominet UK.
Tucows and
your Reseller will act as agents on your behalf by submitting your
application to Nominet for you, however, you will still be entering into a
direct contract between you and Nominet UK. This is a separate contract
from this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by accepting Nominet's
terms and conditions you are consenting to Nominet using your personal
data for a variety of reasons. In particular, your name and address may be
published as part of Nominet's Whois look-up service.
- Transfer of Ownership. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with Nominet UK policies
and procedures.
- .us Domains. In the case of a ".us" registration, the following terms
and conditions will apply:
- "DOC" means the United States of America Department of Commerce.
- ".us Nexus Requirement". Only those individuals or organizations that
have a substantive lawful connection in the United States are permitted to
register for .usTLD domain names. Registrants in the .usTLD must satisfy
the nexus requirement ("Nexus" or "Nexus Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
- Selection of a Domain Name. You certify and represent that: (A) You
have and shall continue to have, a bona fide presence in the United States
on the basis of real and substantial lawful contacts with, or lawful
activities in, the United States as defined in Section (ii) hereinabove;
(B) The listed name servers are located within the United States; (C) The
data provided in the domain name registration application is true,
correct, up to date and complete, and that you will continue to keep all
of the information provided correct, up-to-date and complete; (D) To the
best of the your knowledge and belief, neither this registration of a
domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party; (E) That the domain
name is not being registered for nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever; (F) You have the authority to
enter into this Registration Agreement.
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy and the usDRP, as
defined below, that is incorporated herein and made a part of this
Agreement by reference. Please take the time to familiarize yourself with
these policies.
- Domain Name Disputes. You acknowledge having read and understood and
agree to be bound by the terms and conditions of the following documents,
as they may be amended from time to time, which are hereby incorporated
and made an integral part of this Agreement: (A) The Nexus Dispute Policy
("Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity to
challenge a registration not complying with the Nexus Requirements. (B)
The usTLD Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark infringement. (C) In
addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you shall
submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (i) of your domicile, (ii) where Tucows
is located, and (iii) the United States.
- Policy. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any Tucows,
Registry Operator, the DOC or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a DOC or
government-adopted policy, (1) to correct mistakes by us or the applicable
Registry in registering the name or (2) for the resolution of disputes
concerning the domain name. The Registry Operator's policies can be found
at http://www.neustar.us/policies.
- Indemnity. The DOC shall be added to the parties you have agreed to
indemnify in Section 13 hereinabove.
- Information. As part of the registration process, you are required to
provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information: (A)
Your full name, postal address, e-mail address and telephone number and
fax number (if available) (or, if different, that of the domain name
holder); (B) The domain name being registered; (C) The name, postal
address, e-mail address, and telephone number and fax number (if
available) telephone numbers of the administrative contact, the technical
contact and the billing contact for the domain name; (D) The IP addresses
and names of the primary nameserver and any secondary nameserver(s) for
the domain name;
- In addition to the foregoing, you will be required to provide
additional Nexus Information. The Nexus Information requirements are set
out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through your
Reseller.
- Disclosure and Use of the Registration Information. You agree and
acknowledge that we will make domain name registration information you
provide available to the DOC, to the Registry Operator, and to other third
parties as applicable. You further agree and acknowledge that we may make
publicly available, or directly available to third party vendors, some, or
all, of the domain name registration information you provide, for purposes
of inspection (such as through our Whois service) or other purposes as
required or permitted by the DOC and applicable laws.
You hereby
consent to any and all such disclosures and use of information provided by
you in connection with the registration of a domain name (including any
updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such disclosure or
use of your domain name registration information by us.
You may access
your domain name registration information in our possession to review,
modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your
Reseller.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible with the
purposes and other limitations which we describe in this Agreement.
We
will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure, alteration or
destruction of that information.
- .asia Domains. In the case of a .asia registration, the following terms
apply:
- The Registered Name Holder/Registrant consents to the use, copying,
distribution, publication, modification and other processing of its
Personal Data by DotAsia Organisation Limited and its designees and agents
in a manner consistent with the purposes specified pursuant to the
Registry-Registrar Agreement and with relevant mandatory local data
protection, laws and privacy.
- The Registered Name Holder/Registrant agrees to correct and update the
registration information for the Registered Name immediately during the
registration term for the Registered Name.
- In addition to the complying with the Registrar's policies, the
Registered Name Holder/Registrant* agrees to comply with those ICANN
requirements, standards, policies, procedures, and practices for which the
Registry Operator DotAsia Organisation Limited has monitoring
responsibility in accordance with the Registry Agreement or with other
arrangements with ICANN.
- The Registered Name Holder/Registrant agrees to comply with all the
operational standards, policies, procedures, and practices for the .ASIA
Registry as established from time to time in a non-arbitrary manner by
DotAsia Organisation Limited (".ASIA Registry Policies"). The Registered
Name Holder/Registrant acknowledges that .ASIA Registry Policies are
applicable to all registrars and/or registered name holders/registrants.
Any changes of the .ASIA Registry Policies by the DotAsia Organisation
Limited that are consistent with the Registry Agreement shall be effective
upon thirty (30) days' notice by DotAsia Organisation Limited to
Registrar. The Registered Name Holder/Registrant further agrees to be
bound by the terms and conditions as set down by DotAsia Organisation
Limited during the initial launch and the general operations of the .ASIA
TLD, including without limitation its Start-Up Policies where such terms
and conditions include the submission to a binding arbitration for
disputes arising from the Start-Up process or any allocation of domain
names.
- The Registered Name Holder/Registrant agrees to submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution Policy
("UDRP") and to proceedings commenced under ICANN's Charter Eligibility
Dispute Resolution Policy ("CEDRP"). The Registered Name Holder/Registrant
agrees to submit to proceedings commenced under other dispute resolution
policies as set forth by DotAsia Organisation Limited from time to time in
the Registry Policies, including but not limited to expedited processes
for suspension of a domain name by claims sought by intellectual property
right holders, Internet engineering and security experts or other
competent claimants in the purpose of upholding the stability, security
and integrity of the .ASIA Registry.
- The Registered Name Holder/Registrant acknowledges and agrees to
comply with the .ASIA Charter Eligibility Requirement. The Registered Name
Holder/Registrant* acting as Registrant Contact represents and warrants
that it has made known to the Charter Eligibility Declaration Contact (the
"CED Contact"), and the CED Contact has agreed, that the Registrant
Contact and the CED Contact will jointly be defined as the Registered Name
Holder, and that it shall be jointly responsible for the Registered Name
in the event of a dispute or a challenge over the Registered Name
Holder/Registrant's* legal entitlement to or the ownership of the
Registered Name. The CED Contact shall be bound by the provisions in the
DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement
Policy published from time to time. Registered Name Holder/Registrant
acting as Registrant Contact agrees that it has obtained an agreement from
the CED Contact that the Registrant Contact shall remain the Operating
Contact for all operations of the domain, including but not limited to
domain transfer and updates.
- The Registered Name Holder/Registrant agrees to indemnify, to the
maximum extent permitted by law, defend and hold harmless the Registry
Operator DotAsia Organisation Limited and its directors, officers,
employees and agents from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses, arising out of or relating to the Registered Name Holder's
domain name registration and or use. Notwithstanding the other provisions
in this Agreement, the Registered Name Holder agrees that this
indemnification obligation shall survive the termination or expiration of
this registration agreement.
- The Registered Name Holder/Registrant acknowledges and agrees that
DotAsia Organisation Limited and Registry Services Provider, acting in
consent with DotAsia Organisation Limited, reserves the right to deny,
cancel or transfer any registration that it deems necessary, in its sole
discretion (i) to protect the integrity security, and stability of the
registry; (ii) to comply with all appropriate laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute
resolution process; (iii) to avoid any liability, civil or criminal, on
the part of DotAsia Organisation Limited as well as its affiliates,
subsidiaries, officers, directors, representatives, employees, and
stockholders; (iv) for violations of the terms and conditions herein: or
(v) to correct mistakes made by DotAsia Organisation Limited, the Registry
Services Provider or any registrar in connection with a domain name
registration. DotAsia Organisation Limited also reserves the right to
freeze a Registered Name such as placing a domain name on hold, lock, or
other status during the resolution of a dispute.
- Notwithstanding anything in this Agreement to the contrary, DotAsia
Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall
be an intended third party beneficiary of this Agreement. As such, the
parties to this Agreement acknowledge and agree that the third party
beneficiary rights of DotAsia Organisation Limited have vested and that it
has relied on its third party beneficiary rights under this Agreement in
agreeing to Tucows being a registrar for the .ASIA TLD. Additionally, the
third party beneficiary rights of DotAsia Organisation Limited shall
survive any termination or expiration of this Agreement.
- The Registered Name Holder/Registrant acknowledges that in the event
of conflict between this section of the Agreement and other sections of
the same, this section shall prevail.
- WHOIS PRIVACY SERVICE. The following terms and conditions
will apply if you subscribe to the Whois Privacy Service:
- Subscribers to the Whois Privacy Service have elected to include the
following information in the publicly available Whois Registry:
- Contactprivacy.com shall appear as the Registrant and Contacts
name(s); (ii) Tucows' postal address and a Tucows assigned email address
and telephone number shall appear on behalf of the Registrant and the
Contact(s); (iii) The primary and secondary nameservers shall be those
designated by the Registrant; (iv) The original date of registration and
the expiration of each domain name; (v) Tucows will be identified as the
registrar of record.
- You understand and agree that the Registrant and Contact Information
that you have provided will be kept on file. You further agree and warrant
that you will ensure that the Whois Information is true, accurate and up to
date.
- You will will retain complete control over the domain name and its
registration records and may suspend and reinstate the Whois Privacy Service
at your discretion.
- The Whois Privacy Service may be used with both new and existing domain
name registrations. You may use the Whois Privacy Service with respect to a
domain name that has been transferred but it will only commence after the
transfer has been completed. If you wish to transfer the domain name to a
different registrar,the Whois Privacy Service must be disabled in order to
initiate the transfer.
- We will send all obligatory renewal and transfer related messages to the
Contacts you have designated.
- Communications Forwarding. Communications received with respect to a
particular domain name registration will be handled as follows: (i) We will
forward to you or a Contact all correspondence received by registered mail
or traceable courier. This information may be opened, scanned and emailed to
you or your Contact.. Regular postal mail will be discarded or returned to
sender at our discretion. (ii) Email correspondence will be forwarded
according to the instructions of the Registrant as they appear in our
records. (iii) A voice mail message will advise all callers that inbound
messages will not be accepted; calls will be directed to the
contactprivacy.com web site where written messages will be forwarded
according to your instructions. (iv) We will only be responsible for
forwarding communications where our details have appeared in the whois and
when your Whois Information is accurate, complete and up to date.
- Right to Suspend and Disable. We shall have the right, at our sole
discretion and without liability to you or any of your Contacts, suspend or
cancel your domain name and to reveal Registrant and Contact Whois
Information in certain circumstances, including but not limited to the
following: (i) when required by law; (ii) in the good faith belief that
disclosure is necessary to further determination of an alleged breach of a
law; (iii) to comply with a legal process served upon Tucows; (iv) to
resolve any and all third party claims including but not limited to ICANN's
or a Registry's dispute resolution policy; (v) to avoid financial loss or
legal liability (v) to avoid financial loss or legal liability; (vi) if we
believe that you or one of your Contacts is using the Whois Privacy Service
to conceal involvement with illegal, illicit, objectionable or harmful
activities; or (vii) to transmit SPAM, viruses, worms or other harmful
computer programs.
- You understand and agree that, in the event that we receive a formal
complaint, notice of claim or UDRP, that we will have the right to disable
the Whois Privacy Service pending final disposition of the matter.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.