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APPENDIX A
Form of Registration Agreement
- AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refer to the registrant of
each domain name registration, "we", "us" and "our" refer
to TUCOWS Inc. and "Services" refers to the domain name registration
provided by us as offered through ("RSP"). This Agreement
explains our obligations to you, and explains your obligations
to us for the Services.
- SELECTION OF A DOMAIN NAME. You represent that, 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.
- FEES. As consideration for the Services, you agree
to pay the RSP the applicable service(s) fees. All fees payable
hereunder are non-refundable. 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").
By submitting this Agreement, you represent that the Account
Information and all other statements put forth in your application
are true, complete and accurate. Both Tucows and the Registry
reserve 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 violation of this Section
3 will constitute a material breach of this agreement which
will entitle either us or the Registry to terminate this agreement
immediately without any refund and without notice to you.
- TERM. This Agreement shall remain in full force during
the length of the term of your domain name registration(s)
as selected, recorded, and paid for upon registration of the
domain name. Should you choose to renew or otherwise lengthen
the term of your domain name registration, then the term of
this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar,
the terms and conditions of this contract shall cease.
- MODIFICATIONS TO AGREEMENT. You agree that either
we or the Registry may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided under
this Agreement. You agree to be bound by any such revision
or change will which shall be effective immediately upon posting
on our web site or upon notification to you by e-mail or your
country's postal service pursuant to the Notices section of
this Agreement. You agree to review this Agreement as posted
on our web site periodically to maintain an awareness of any
and all such revisions. If you do not agree with any revision
to the Agreement, you may terminate this Agreement at any
time by providing us with notice by e-mail or postal service
pursuant to the Notices section of this Agreement. Notice
of your termination shall be effective after processing by
us. You agree that, by continuing the use of Services following
notice of any revision to this Agreement or change in service(s),
you shall be bound by any such revisions and changes. You
further agree to be bound by the Registry dispute policy ("Dispute
Policy") as presently written and posted on http://www.nic.cc/policies/dispute.html
and as shall be amended from time to time. You acknowledge
that if you do not agree to any such modifications, you may
request that your domain name be deleted from the domain name
database.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change
any of your account information with us, you must use your
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.
- 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.
- 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. 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 Dispute Policy. You acknowledge that neither we nor
the Registry screen or otherwise review your domain name application
to verify that you have the legal right to use a particular
word or term. You are strongly encouraged to perform a trademark
search with respect to the words and/or phrases comprising
your domain name prior to applying for registration of the
domain. You agree that you will be solely liable in the event
that your use of a domain constitutes an infringement or other
violation of a third party's rights.
- POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to a Tucows, Registry, regulatory or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a Tucows, Registry, regulatory or government-adopted
policy, (1) to correct mistakes by us or the Registry in registering
the name, or (2) for the resolution of disputes concerning
the domain name. 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.
- 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 have provided notice of the terms and
conditions in this Agreement to any third party licensee and
that the third party agrees to the terms hereof.
- 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
such Service(s). Neither we nor our contractors or third party
beneficiaries, including but not limited to Verisign, Inc.
and eNic Corporation, shall 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 jurisdictions
do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions,
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
us, our contractors, agents, employees, officers, directors,
affiliates and third party beneficiaries, including but not
limited to Verisign, Inc. and eNic Corporation, harmless from
all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this Agreement,
the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone
else using the Service of any intellectual property or other
proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the Service(s)
provided. You also agree to release, indemnify and hold us
harmless pursuant to the terms and conditions contained in
the 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 shall be a breach of your Agreement and may result
in deactivation of your domain name.
- SCOPE OF REGISTRATION. You will be entitled to exclusive
use of the domain name during the term of the registration.
Notwithstanding the foregoing, you shall not use, display,
exploit or register a domain name which action may constitute
illegal activity or be in contravention or violation of a
Tucows or Registry policy. You acknowledge that a breach of
this clause will constitute a material breach of this agreement
which will entitle either Tucows or the Registry to terminate
this agreement immediately upon such breach without any refund.
In addition, both we and/or the Registry may, in our sole
discretion, refuse registration of your desired domain name
within thirty (30) calendar days from receipt of payment.
Neither Tucows nor the Registry shall be liable for any loss,
damage or other injury whatsoever resulting from any refusal
to register your desired domain name.
- 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
user name 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. Your domain
name will not be transferred until we receive such written
assurances or other reasonable assurance that the Transferee
has been bound by the contractual terms of this Agreement
(such reasonable assurance as determined by us in our sole
discretion) along with the applicable transfer fee. 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.
- BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute
Policy, 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 fifteen (15) 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.
- NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer immunity
from objection to either the registration, reservation, or
use of the domain name.
- 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:
- Your name and postal address (or, if different, that
of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the administrative
contact for the domain name;
- The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the billing
contact for the domain name.
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 RSP.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You
agree and acknowledge that either we and/or the Registry may
make directly available to third parties or publicly available,
some or all, of the Account Information for inspection through
our WHOIS service and for any other purposes as may be required
or permitted by applicable laws or policies. You hereby irrevocably
waive and release Tucows and/or the Registry from any and
all claims and causes of action you may have arising from
any disclosure, use, or unauthorized access of your Account
Information.
- REVOCATION. 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 the ICANN Agreement or an ICANN/Registry Operator
policy.
- RIGHT OF REFUSAL. We, in our sole discretion, reserve
the right to refuse to register or reserve your chosen domain
name or register you for other Services. In the event we do
not register or reserve your domain name or register you for
other Services, or we delete your domain name or other Services
within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result from our refusal
to register, reserve, or delete your domain name or register
you for other Services.
We reserve the right to delete or transfer your domain name
within a thirty (30) day period following registration if
we believe the registration has been made possible by a mistake,
made either by us or by a third party.
- SEVERABILITY. You agree that the terms of this Agreement
are severable. If any term or provision is declared invalid
or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining
terms and provisions will remain in full force and effect.
- NON-AGENCY. Nothing contained in this Agreement or
the Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the
parties.
- 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 postal service. In the case of
e-mail, valid notice shall only have been deemed to have been
given when an electronic confirmation of delivery has been
obtained by the sender. In the case of e-mail, notifications
must be sent to us at lhutz@tucows.com,
or in the case of notification to you, 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. E.S.T.,
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 and,
in the case of notification to us or to RSP shall be sent
to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record.
- ENTIRETY. You agree that this Agreement, the rules
and policies published by us and the Dispute Policy are the
complete and exclusive agreement between you and us regarding
our Services. This Agreement and the Dispute Policy supersede
all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
- 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 Registry shall be responsible for any failure or
delay 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.
- FOREIGN LANGUAGE; 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.
- ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE
AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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