Registration Agreement
for .com, .net, .org domain names
see links for other domain names
Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to each
customer, "we", "us" and "our" refer to TUCOWS Inc. and
"Services" refers to the domain
name registration provided by us as offered through
Compu-Ad Internet Services, the Registration
Service Provider ("RSP"). This Agreement explains our
obligations to you, and explains your
obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the
best of the your knowledge
and belief, neither the registration of the SLD name nor
the manner in which it is directly or
indirectly used infringes the legal rights of a third
party and that the Domain Name is not
being registered for any unlawful purpose.
3. FEES. As consideration for the services you have
selected, you agree to pay to us, or your
repective RSP who remits payment to us on your behalf, 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"). You, by completing
and submitting this Agreement
represent that the statements in your application are
true.
4. TERM. You agree that the Registration Agreement will
remain in full force during the length
of the term of your Domain Name Registration. 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. 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 you transfer your
domain name or should the domain
name otherwise be transferred due to another Registrar,
the terms and conditions of this
contract shall cease and shall be replaced by the
contractual terms in force for the purpose of
registering domain names then in force between SLD holders
and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the
period of this Agreement, that
we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services
provided under this Agreement. Any such revision or change
will be binding and effective
immediately on posting of the revised Agreement or change
to the service(s) on our web site,
or on notification to you by e-mail or regular mail as per
the Notices section of this
agreement. You agree to review our web site, including the
Agreement, periodically to be
aware of any 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 regular mail as
per the Notices section of this agreement. Notice of your
termination will be effective on
receipt and processing by us. You agree that, by
continuing to use the Services following
notice of any revision to this Agreement or change in
service(s), you shall abide by any such
revisions or changes. You further agree to abide by the
ICANN Uniform Dispute Resolution
Policy ("Dispute Policy") as amended from time to time.
You agree that, by maintaining the
reservation or registration of your domain name after
modifications to the Dispute Policy
become effective, you have agreed to these modifications.
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. Please safeguard
your Account Identifier and
Password from any unauthorized use. In no event will 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 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.opensrs.org/legal/udrp.htmlhttp://www.opensrs.org/legal/udrp.html.
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 in effect at the time of the dispute.
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. ICANN POLICY. You agree that your registration of the
SLD name shall be subject to
suspension, cancellation, or transfer pursuant to any
ICANN-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with
an ICANN-adopted policy, (1) to
correct mistakes by Registrar or the Registry in
registering the name or (2) for the resolution
of disputes concerning the SLD name.
10. AGENCY. Should you intend to license use of a domain
name to a third party you shall
nonetheless be the SLD 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 SLD. You shall accept liability for
harm caused by wrongful use of the
SLD, unless you promptly disclose the identity of the
licensee to the party providing you
reasonable evidence of actionable harm. You also represent
that you have provided notice of
the terms and conditions in this Agreement to the third
party and that the third party agrees to
the terms of Disclosure and Use of Registration
Information (sections 18 and 19 of this
Agreement).
11. ANNOUNCEMENTS. We and the RSP 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. In no event shall our
maximum liability exceed five
hundred ($500.00) dollars.
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 to be 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 agree that, by registration or
reservation of your chosen domain
name, such registration or reservation does not confer
immunity from objection to either 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 noninfringement.
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 ICANN and applicable
laws may require or permit. 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 the 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 within thirty (30)
calendar days from receipt of your payment for such
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.
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
- OR -
Compu-Ad Internet Services
PO box 403375
Hesperia, CA 92340-3375
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. 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.