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APPENDIX A
Registration Agreement
1. 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 Feedme2 Hosting, the Registration
Service Provider ("RSP"). This Agreement explains our obligations
to you, and explains your obligations to us for the Services.
2. 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.
3.
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 breach of this Section 3 will
constitute a material breach of our agreement which will entitle
either us or the Registry to terminate this agreement immediately
upon such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in full
force during the length of the term of your Domain Name Registration
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 will be extended accordingly. Should
the domain name be transferred to another Registrar, the terms
and conditions of this contract shall cease.
5.
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 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 ICANN Uniform Dispute Resolution Policy
("Dispute Policy") as presently written and posted on http://www.icann.org/udrp
and as such 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.
6. 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.
7. 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/udrp.
Please take the time to familiarize yourself with this policy.
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. 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. For any dispute, you agree to submit
to the jurisdiction of the courts of The Province of Ontario.
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 the 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 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.
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 such Service(s). We and our
contractors 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 us,
our contractors, agents, employees, officers, directors and
affiliates and VeriSign, Inc., and its directors, officers,
employees, agents and affiliates 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 with
your computer, 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 may
be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
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 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.
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. 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.
17. DISCLAIMER
OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided
on an "as is," "as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make
no warranty that the Services will meet your requirements, or
that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that
may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through
the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded
or otherwise obtained through the use of Service is done at
your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that
results from the download of such material and/or data. We make
no warranty regarding any goods or services purchased or obtained
through the Service or any transactions entered into through
the Service. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create
any warranty not expressly made herein.
18. INFORMATION.
As part of the registration process, you are required to provide
us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that of
the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the administrative contact
for the domain name; and
(iv) 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
such that we can continue to improve the products and services
offered to you through your RSP.
19. DISCLOSURE
AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide
available to ICANN, to the registry administrators, 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.
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.
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 RSP.
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.
20. 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.
21.
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.
22. 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.
23. 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.
24. 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.
25. 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 have been given when an electronic confirmation
of delivery has been obtained by the sender. In the case of
e-mail notification to us or to the RSP to lhutz@tucows.com
or [Insert E-mail Address for RSP] or, in the case of notice
to you, at 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 5 business days after the date of mailing and, in the
case of notification to us or to the RSP shall be sent to:
TUCOWS Inc.
Registrant Affairs Office
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.
26. 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.
27. 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.
28. INFANCY.
You attest that you are of legal age to enter into this Agreement.
29. FORCE MAJEURE. You acknowledge and agree
that neither we nor the 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.
30. 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.
31. 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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