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.