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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 einfosystems.net, inc.,
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. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on an "as
is," "as available" basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do we make
any warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded or otherwise
obtained through the use of Service is done at your own discretion and risk and
that you will be solely responsible for any damage to your computer system or
loss of data that results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or obtained through
the Service or any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.
17. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate. You are
obliged to provide us the following information:
(a) your name and postal address (or, if different, that of the domain name
holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
(d) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name; and
(e) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the technical contact for the domain name.
Any voluntary information we request is collected in order that we can continue
to improve the products and services offered to you through your Reseller.
18. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you provide
available to ICANN, to the registry administrators, law enforcement agencies
and to other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third party
vendors, some or all, of the domain name registration information you provide,
for purposes of inspection (such as through our Whois service) or other
purposes as required or permitted by ICANN and applicable laws.
(a) You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such disclosure or use of
your domain name registration information by us.
(b) You may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your Reseller.
(c) We will not process or maintain data about any identified or identifiable
natural person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
(d) We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized disclosure, alteration or
destruction of that information.
19. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed to the
email address of the registrant, the administrative, billing or technical
contact appearing in the Whois directory with respect to a domain name
concerning the accuracy of contact details associated with the registration
shall constitute a material breach of this Agreement and be a basis for
cancellation of the domain name registration. Any information collected by us
concerning an identified or identifiable natural person ("Personal Data") will
be used in connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by ICANN or an
applicable registry policy.
20. REVOCATION. We, in our sole discretion, reserve the right to deny,
cancel, suspend, transfer or modify any domain name registration to correct a
mistake, protect the integrity and stability of the company and any applicable
registry, to comply with any applicable laws, government rules, or
requirements, requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal. You agree
that we shall not be liable to you for loss or damages that may result from our
refusal to register or cancel, suspend, transfer or modify your domain name
registration.
21. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this
Agreement may be inconsistent with any term, condition, policy or procedure of
an applicable registry, the term, condition, policy or procedure of the
applicable registry shall prevail.
22. NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
23. NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail or via
regular mail. In the case of e-mail, valid notice shall only have been deemed
to be given when an electronic confirmation of delivery has been obtained by
the sender. E-mail notification to Tucows must be sent to
lhutz@tucows.com. Any notice to you will be sent to the e-mail address
provided by you in your Whois record. Any e-mail communication shall be deemed
to have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to 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.
24. ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by Tucows and any applicable
registry or other governing authorities are the complete and exclusive
agreement between you and us regarding our Services.
25. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF 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.
26. INFANCY. You attest that you are of legal age to enter into this
Agreement.
27. FORCE MAJEURE. You acknowledge and agree that neither we nor the
applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause beyond
our reasonable control, including but not limited to, acts of God, acts of
civil or military authority, fires, wars, riots, earthquakes, storms, typhoons
and floods.
28. PRIVACY. Information collected about you is subject to the terms of
Tucows' privacy policy, the terms of which are hereby incorporated by
reference. Tucows' privacy policy can be found at:
http://www.tucows.com/privacy.html
29. CONTROLLING LANGUAGE. In the event that you are reading this
Agreement in a language other than the English language, you acknowledge and
agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
30. TLD'S. The following additional provisions apply to any domain names
that you register through Tucows with the various registries:
(a) .com/net Domains: In the case of a ".com" or ".net" registration,
the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies are
subject to modification;
(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.
31. 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
(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.
32. 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. < BR>
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