| 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 Ding Ying Info. Technology Corp.,
the Registration Service Provider ("Reseller"). 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 Reseller 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, 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/udrp-policy-24oct99.htm
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/udrp-policy-24oct99.htm.
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 you,
the registrant𠏋 domicile, and the courts where we, Tucows, are located.
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. 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
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 Reseller.
19. DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge that we will make
domain name registration information you provide available to ICANN,
to the registry administrators, 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 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.
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 be given
when an electronic confirmation of delivery has been obtained by
the sender. In the case of e-mail notification to us or to Reseller
to lhutz@tucows.com or [Insert E-mail Address for Reseller] 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 Reseller 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. |
