EXHIBIT A
Registration Agreement
1. In this Registration Agreement
("Agreement"), "Registrant", "you" and "your" refers
to the Registrant of each domain name registration,
"we", "us" and "our" refers to Tucows.com Co., and
"Services" refers to the domain name registration
services provided by us as offered through Internet
Web Development, the Registration Service Provider
("Reseller"). Any reference to a "registry,"
"Registry" or "Registry Operator" shall refer to the
registry administrator of the applicable TLD or
ccTLD. This Agreement explains our obligations to
you, and explains your obligations to us for the
Services. By agreeing to the terms and conditions
set forth in this Agreement, you are also agreeing
to be bound by the rules and regulations set forth
by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You
acknowledge and agree that we cannot guarantee that
you will obtain a desired domain name registration,
even if an inquiry indicates that a domain name is
available at the time of your application for same.
You represent that, to the best of the your
knowledge and belief, neither the registration of
the 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.
3. FEES. As consideration for the Services,
you agree to pay Reseller the applicable service(s)
fees prior to the effectiveness of a desired domain
name registration or any renewal thereof. All fees
payable hereunder are non-refundable even if your
domain name registration is suspended, cancelled or
transferred prior to the end of your current
registration term. 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 represent
that the Account Information and all other
statements put forth in your application are true,
complete and accurate. Both Tucows and each registry
reserves 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 a
registry to terminate this Agreement immediately
upon such breach without any refund and without
notice to you.
4. TERM. This Agreement will remain in effect
during the term of your domain name registration as
selected, recorded and paid for at the time of
registration or any renewal thereof. Should the
domain name be transferred to another registrar, the
terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You
acknowledge that the practice of registering and
administering domain names is constantly evolving;
therefore, you agree that Tucows may modify this
Agreement, or any other related and/or applicable
agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other
entity or individual, as well as to adjust to
changing circumstances. Your continued use of the
domain name registered to you will constitute your
acceptance of this Agreement with any revisions. If
you do not agree to any change, you may request that
your domain name registration be cancelled or
transferred to a different accredited registrar. You
agree that such cancellation or request for transfer
will be your exclusive remedy if you do not wish to
abide by any change to this Agreement, or any other
related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with us, you
must use the 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. 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.
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
adopted by the applicable registry. 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 applicable policy. If Tucows is notified that a
complaint has been filed with a judicial or
administrative body regarding your domain name,
Tucows may, at its sole discretion, suspend your
ability to use your domain name or to make
modifications to your registration records until (i)
Tucows is directed to do so by the judicial or
administrative body, or (ii) Tucows receives
notification by you and the other party contesting
your domain that the dispute has been settled.
Furthermore, you agree that if you are subject to
litigation regarding your registration or use of
your domain name, Tucows may deposit control of your
registration record into the registry of the
judicial body by supplying a party with a registrar
certificate from us.
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 a 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 will secure the agreement of any
third party to the terms and conditions in this
Agreement
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 the initial
registration of your domain name. Tucows and its
directors, employees, affiliates, subsidiaries,
agents and third party providers, ICANN and the
applicable registries 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 Tucows, its contractors, agents,
employees, officers, directors and affiliates, ICANN,
the applicable registries and their respective
directors, officers, employees, agents and
affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third
parties arising out of or relating to the
registration or use of the domain name registered in
your name , whether used by yourself, licensed to a
third party or pursuant to the Whois Privacy
Service, including without limitation infringement
by you or a third party with access to your Account
Identifier and Password. You also agree to release,
indemnify and hold us harmless pursuant to the terms
and conditions contained in the applicable 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 the suspension or cancellation 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 Account
Identifier 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. 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. 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.
17. 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:
(a) your name and postal address (or, if different,
that of the domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of
the administrative contact for the domain name;
(d) the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of
the billing contact for the domain name; and
(e) the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of
the technical contact for the domain name.
Any voluntary information we request is collected in
order that we can continue to improve the products
and services offered to you through your Reseller.
18. 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, law enforcement agencies 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.
(a) 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.
(b) 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.
(c) We will not process or maintain 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.
(d) We will take reasonable precautions to protect
the information we obtain from you from our loss,
misuse, unauthorized disclosure, alteration or
destruction of that information.
19. OBLIGATION TO MAINTAIN WHOIS. 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 ICANN or
an applicable registry policy.
20. REVOCATION. We, in our sole discretion,
reserve the right to deny, cancel, suspend, transfer
or modify any domain name registration to correct a
mistake, protect the integrity and stability of the
company and any applicable registry, to comply with
any applicable laws, government rules, or
requirements, requests of law enforcement, in
compliance with any dispute resolution process, or
to avoid any liability, civil or criminal. You agree
that we shall not be liable to you for loss or
damages that may result from our refusal to register
or cancel, suspend, transfer or modify your domain
name registration.
21. INCONSISTENCIES WITH REGISTRY POLICIES.
In the event that this Agreement may be inconsistent
with any term, condition, policy or procedure of an
applicable registry, the term, condition, policy or
procedure of the applicable registry shall prevail.
22. 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.
23. 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. E-mail notification to
Tucows must be sent to
lhutz@tucows.com.
Any notice to you will be sent 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. 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 five (5) business
days after the date of mailing Postal notices to
Tucows shall be sent to:
TUCOWS.com Co..
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent
to the address specified in the "Administrative
Contact" in your Whois record.
24. ENTIRETY. You agree that this Agreement,
the applicable dispute policy and the rules and
policies published by Tucows and any applicable
registry or other governing authorities are the
complete and exclusive agreement between you and us
regarding our Services.
25. 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.
26. INFANCY. You attest that you are of legal
age to enter into this Agreement.
27. FORCE MAJEURE. You acknowledge and agree
that neither we nor the applicable 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.
28. PRIVACY. Information collected about you
is subject to the terms of Tucows' privacy policy,
the terms of which are hereby incorporated by
reference. Tucows' privacy policy can be found at:
http://www.tucows.com/privacy.html
29. 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.
30. TLD'S. The following additional
provisions apply to any domain names that you
register through Tucows with the various registries:
(a) .com/net Domains: In the case of a ".com"
or ".net" registration, the following terms and
conditions will apply:
(i) Submission to UDRP. Registrant agrees to
submit to proceedings under ICANN's Uniform
Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by
the Registry; these policies are subject to
modification;
(ii) For the adjudication of disputes concerning
or arising from use of the domain name, the
Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the
Registrant's domicile, and (2) where Tucows is
located, presently Toronto, Ontario.
(b) .org Domains: In the case of a ".org"
registration, the following terms and conditions
will apply:
(i) Submission to UDRP. Registrant agrees to
submit to proceedings under ICANN's Uniform
Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by
the Registry. These policies are subject to
modification;
(ii) For the adjudication of disputes concerning
or arising from use of the domain name, the
Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the
Registrant's domicile, and (2) where Tucows is
located, presently Toronto, Ontario.
(c) .info Domains: In the case of a ".info"
registration, the following terms and conditions
will apply:
(i) Registrant's Personal Data. You consent to
the use, copying, distribution, publication,
modification, and other processing of
Registrant's personal data by Afilias, the .INFO
registry, and its designees and agents, in a
manner consistent with the purposes specified
pursuant to its contract.
(ii) Submission to UDRP. Registrant agrees to
submit to proceedings under ICANN's Uniform
Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by
the Registry. These policies are subject to
modification;
(iii) For the adjudication of disputes
concerning or arising from use of the domain
name, the Registrant shall submit, without
prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts
(1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
(iv) Reservation of Rights. Tucows and Afilias
expressly reserve the right to deny, cancel,
transfer, or modify any registration that either
registrar or Afilias deems necessary, at its
discretion, to protect the integrity and
stability of the registry, to comply with any
applicable law, any government rule or
requirement, any request of law enforcement, any
dispute resolution process, or to avoid any
liability, civil or criminal, on the part of the
registrar and/or Afilias, as well as their
affiliates, subsidiaries, executives, directors,
officers, managers, employees, consultants, and
agents. The registrar and Afilias also reserve
the right to suspend a domain name or its
registration data during resolution of a
dispute.
(d) .biz Domains. In the case of a ".biz"
registration, the following terms and conditions
will apply:
(i) .biz Restrictions. Registrations in the .biz
top-level domain must be used or intended to be
used primarily for bona fide business or
commercial purposes. For the purposes of the
.biz registration restrictions, "bona fide
business or commercial use" shall mean the bona
fide use or bona fide intent to use the domain
name or any content, software, materials,
graphics or other information thereon, to permit
Internet users to access one or more host
computers through the DNS:
(A) to exchange goods, services, or property
of any kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods,
services, information or property of any
kind; or (ii) the ordinary course of trade
or business.
For more information on the .biz restrictions,
which are incorporated herein by reference,
please see:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(ii) Selection of a Domain Name. You represent
that:
(A) the data provided in the domain name
registration application is true, correct,
up to date and complete, and that you will
continue to keep all of the information
provided correct, up-to-date and complete;
(B) 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;
(C) that the domain name is not being
registered for nor shall it at any time
whatsoever be used for any unlawful purpose
whatsoever;
(D) the registered domain name will be used
primarily for bona fide business or
commercial purposes and not (a) exclusively
for personal use, or (b) solely for the
purposes of (1) selling, trading or leasing
the domain name for compensation, or (2) the
unsolicited offering to sell, trade or lease
the domain name for compensation;
(E) you have the authority to enter into
this Registration Agreement; and
(F) the registered domain name is reasonably
related to your business or intended
commercial purpose at the time of
registration.
(iii) Provision of Registration Data. As part of
the registration process, you are required to
provide us with certain information and to keep
the information true, current, complete, and
accurate at all times. The information includes
the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for
contact purposes in the case of a registrant
that is an organization, association, or
corporation;
(G) the IP addresses of the primary
nameserver and any secondary nameserver for
the domain name;
(H) the corresponding names of the primary
and secondary nameservers;
(I) the full name, postal address, e-mail
address, voice telephone number, and, when
available, fax number of the administrative,
technical, and billing contacts, and the
name holder for the domain name; and
(J) any remark concerning the domain name
that should appear in the Whois directory.
(K) You agree and understand that the
foregoing registration data will be publicly
available and accessible on the Whois
directory as required by ICANN and/or
registry policies, and may be sold in bulk
in accordance with the ICANN agreement.
(iv) Domain Name Disputes. You acknowledge
having read and understood and agree to be bound
by the terms and conditions of the following
documents, as they may be amended from time to
time, which are hereby incorporated and made an
integral part of this Agreement:
(A) The Uniform Domain Name Dispute
Resolution Policy ("Dispute Policy),
available at:
http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution
Criteria and Rules ("RDRP"), available at:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
(v) The Dispute Policy sets forth the terms and
conditions in connection with a dispute between
a Registrant and any party other than the
Registry or Registrar over the registration and
use of an Internet domain name registered by
Registrant.
(vi) The RDRP sets forth the terms under which
any allegation that a domain name is not used
primarily for business or commercial purposes
shall be endorsed on a case-by-case, fact
specific basis by an independent
ICANN-accredited dispute provider.
(vii) For the adjudication of disputes
concerning or arising from use of the domain
name, the Registrant shall submit, without
prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts
(1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
(e) .name Domains. In the case of a ".name"
registration, the following terms and conditions
will apply:
(i) .name Restrictions. Registrations in the
.name top-level domain must constitute an
individual's "Personal Name". For purposes of
the .name restrictions (the "Restrictions"), a
"Personal Name" is a person's legal name, or a
name by which the person is commonly known. A
"name by which a person is commonly known"
includes, without limitation, a pseudonym used
by an author or painter, or a stage name used by
a singer or actor.
(ii) .name Representations. As a .name domain
name registrant, you hereby represent that:
(A) the registered domain name or second
level domain ("SLD") e-mail address is your
Personal Name.
(B) the data provided in the domain name
registration application is true, correct,
up to date and complete and that you will
continue to keep all of the information
provided correct, current and complete,
(C) 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;
(D) that the domain name is not being
registered for nor shall it at any time
whatsoever be used for any unlawful purpose
whatsoever;
(E) the registration satisfies the
Eligibility Requirements found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into
this Registration Agreement.
(iii) E-mail Forwarding Services. The Services
for which you have registered may, at your
option, include e-mail forwarding. To the extent
you opt to use e-mail forwarding, you are
obliged to do so in accordance with all
applicable legislation and are responsible for
all use of e-mail forwarding, including the
content of messages sent through e-mail
forwarding.
You undertake to familiarize yourself with the
content of and to comply with the generally
accepted rules for Internet and e-mail usage.
This includes, but is not limited to the
Acceptable Use Policy, available at
http://www.nic.name/downloads/aup.pdf as
well as the following restrictions. Without
prejudice to the foregoing, you undertake not to
use e-mail forwarding:
(A) to encourage, allow or participate in
any form of illegal or unsuitable activity,
including but not restricted to the exchange
of threatening, obscene or offensive
messages, spreading computer viruses, breach
of copyright and/or proprietary rights or
publishing defamatory material;
(B) to gain illegal access to systems or
networks by unauthorized access to or use of
the data in systems or networks, including
all attempts at guessing passwords, checking
or testing the vulnerability of a system or
network or breaching the security or access
control without the sufficient approval of
the owner of the system or network;
(C) to interrupt data traffic to other
users, servers or networks, including, but
not restricted to, mail bombing, flooding,
Denial of Service (DoS) attacks, wilful
attempts to overload another system or other
forms of harassment; or
(D) for spamming, which includes, but is not
restricted to, the mass mailing of
unsolicited e-mail, junk mail, the use of
distribution lists (mailing lists) which
include persons who have not specifically
given their consent to be placed on such
distribution list. Users are not permitted
to provide false names or in any other way
to pose as somebody else when using e-mail
forwarding.
(iv) Registry reserves the right to implement
additional anti-spam measures, to block spam or
mail from systems with a history of abuse from
entering Registry's e-mail forwarding. However,
due to the nature of such systems, which
actively block messages, Registry shall make
public any decision to implement such systems a
reasonable time in advance, so as to allow you
or us to give feedback on the decision.
(v) You understand and agree that Registry may
delete material that does not conform to clause
(c) above or that in some other way constitutes
a misuse of e-mail forwarding. You further
understand and agree that Registry is at liberty
to block your access to e-mail forwarding if you
use e-mail forwarding in a way that contravenes
this Agreement. You will be given prior warning
of discontinuation of the e-mail forwarding
unless it would damage the reputation of
Registry or jeopardize the security of Registry
or others to do so. Registry reserves the right
to immediately discontinue e-mail forwarding
without notice if the technical stability of
e-mail forwarding is threatened in any way, or
if you are in breach of this Agreement. On
discontinuing e-mail forwarding, Registry is not
obliged to store any contents or to forward
unsent e-mail to you or a third party.
(vi) You understand and agree that to the extent
either we and/or Registry is required by law to
disclose certain information or material in
connection with your e-mail forwarding, either
we and/or Registry will do so in accordance with
such requirement and without notice to you.
(vii) 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. You hereby
acknowledge that you have read and understood
and agree to be bound by the terms and
conditions of the following documents, as they
may be amended from time to time, which are
hereby incorporated and made an integral part of
this Agreement.
(A) the Eligibility Requirements (the
"Eligibility Requirements"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute
Resolution Policy (the "ERDRP"), available
at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute
Resolution Policy (the "UDRP"), available
at:
http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that
Personal Name domain names and Personal Name SLD
e-mail addresses will be granted on a
first-come, first-served basis. The following
categories of Personal Name Registrations may be
registered: (i) the Personal Name of an
individual; (ii) the Personal Name of a
fictional character, if you have trademark or
service make rights in that character's Personal
Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to
the beginning or the end of the Personal Name so
as to differentiate it from other Personal
Names.
(ix) The ERDRP applies to challenges to (i)
registered domain names and SLD e-mail address
registrations within .name on the grounds that a
Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive
Registrations (as defined by the Registry)
within .name.
(x) The UDRP sets forth the terms and conditions
in connection with a dispute between a
Registrant and party other than the Registry or
Tucows over the registration and use of an
Internet domain name registered by a Registrant.
(xi) For the adjudication of disputes concerning
or arising from use of the domain name, the
Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the
Registrant's domicile, and (2) where Tucows is
located, presently Toronto, Ontario.
31. ccTLD'S
(a) .at Domains. In the case of a ".at"
registration, the following terms and conditions
will apply:
(i) Registry Policy. 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://nic.at/en/agb/ag_agb2003.asp. 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.
(b) .be Domains. In the case of a ".be"
registration, the following terms and conditions
will apply:
(i) Registry Policy. 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.dns.be/en/home.php?n=51. 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.
(ii) 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 .be
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.dns.be/en/home.php?n=53.
(a) .ca Domains. In the case of a ".ca"
registration, the following terms and conditions
will apply:
(i) 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.cira.ca/en/cat_Dpr.html. Please
take the time to familiarize yourself with this
policy.
(ii) Registry Policy. You agree that your
registration of the domain name shall be subject
to suspension, cancellation, or transfer
pursuant to any Registry-adopted policy, or
pursuant to any registrar or registry procedure
not inconsistent with a Registry adopted policy,
(1) to correct mistakes by Tucows or the
Registry in registering the name or (2) for the
resolution of disputes concerning the domain
name.
(iii) Transfer of Ownership. Any transfer of
ownership in and to a domain name registration
shall be affected in accordance with registry
policies and procedures.
(iv) Registry Agreement and Policy. You
acknowledge and understand that by accepting the
terms and conditions of this agreement you shall
be bound by the Registry's Registrant Agreement,
the Registry's 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.cira.ca/en/doc_Registrar.html.
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 agreement or
policy, your sole remedy is to cancel your
domain name registration by following the
appropriate Registry policy regarding such
cancellation.
(v) You acknowledge and agree that the Registry
shall not be liable to you for any loss, damage,
or expense arising out of the Registry's failure
or refusal to register a domain name, it's
failure or refusal to renew a domain name
registration, it's registration of a domain
name, it's failure or refusal to renew a domain
name registration, it's renewal of a domain name
registration, it's failure or refusal to
transfer a domain name registration, it's
transfer of a domain name registration, it's
failure or refusal to maintain or modify a
domain name registration, it's maintenance of a
domain name registration, it's modification of a
domain name registration, it's failure to cancel
a domain name registration or it's cancellation
of a domain name registration from the Registry;
(b) .cc Domains. In the case of a ".cc"
registration, the following terms and conditions
will apply:
(i) 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.
(ii) Registry Policy. 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.
(c) .ch Domains. In the case of a ".ch"
registration, the following terms and conditions
shall apply:
(i) Registry Policy. 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.switch.ch/id/terms. 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.
(ii) 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 .ch
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.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself
with this policy.
(d) .cn Domains. In the case of a ".cn"
registration, the following terms and conditions
shall apply:
(i) "Registry" means the China Internet Network
Information Center, which is the authority
responsible for the administration of the
national top-level domain of the People's
Republic of China and the Chinese domain name
system;
(ii) "Registry Gateway" means the service
provided by the Registry Operator that
facilitates the registration of .cn domain names
by registrars operating outside of the People's
Republic of China;
(iii) "Registry Operator" means Neustar, Inc.,
the company authorized to facilitate the
registration of .cn domain names by registrars
operating outside of the People's Republic of
China.
(iv) Restrictions. You agree that you shall not
register or use a domain name that is deemed by
CNNIC to:
(A) be against the basic principles
prescribed in the Constitution of the
Peoples Republic of China ("PRC");
(B) jeopardize national security, leak state
secrets, intend to overturn the government
or disrupt the integrity of the PRC;
(C) harm national honour and national
interests of the PRC;
(D) instigate hostility or discrimination
between different nationalities or disrupt
the national solidarity of the PRC;
(E) spread rumours, disturb public order or
disrupt social stability of the PRC;
(F) spread pornography, obscenity, gambling,
violence, homicide, terror or instigate
crimes in the PRC;
(G) insult, libel against others and
infringe other people's legal rights and
interests in the PRC; or
(H) take any other action prohibited in
laws, rules and administrative regulations
of the PRC.
(v) Business or Organization Representation. .cn
domain name registrations are intended for
businesses and organizations and not for
individual use. By registering a .cn name, you
accordingly represent that you have registered
the domain name on behalf or a business or
organization. It should be noted that, although
.cn policy is permissive in terms of
registration, and enforcement is generally in
reaction to a complaint (as opposed to proactive
review), registrations that are not associated
with an organization or business may be subject
to deletion. The foregoing prevents an
individual from registering a .cn domain name
for a business operating as a sole
proprietorship.
(vi) Domain Name Disputes. You acknowledge
having read and understood and agree to be bound
by the terms and conditions of the CNNIC Domain
Name Dispute Policy & Rules for CNNIC Dispute
Resolution Policy ("Dispute Policy"), as they
may be amended from time to time, which are
hereby incorporated and made an integral part of
this Agreement. The Dispute Policy is currently
found at:
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the
Dispute Policy, Registrars must comply with all
reasonable requests from the applicable domain
name dispute resolution institutions including
the provision of all relevant evidence in any
domain name disputes in the specified time
frames.
(viii) If we are notified that a complaint has
been filed with a judicial or administrative
body regarding your use of our domain name
registration services, you agree not to make any
changes to your domain name record without our
prior approval. We may not allow you to make
changes to such domain name record until (i) we
are directed to do so by the judicial or
administrative body, or (ii) we receive
notification by you and the other party
contesting your registration and use of our
domain name registration services that the
dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding
your registration and use of our domain name
registration services, we may deposit control of
your domain name record into the registry of the
judicial body by supplying a party with a
registrar certificate from us.
(ix) Adherence to Policies. You agree to comply
with all applicable laws, regulations and
policies of the Peoples Republic of China's
governmental agencies and the China Internet
Network Information Centre ("CNNIC"), including
but not limited to the following rules and
regulations:
(A) Provisional Administrative Rules for
Registration of Domain Names in China
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for
Registration of Domain Names in China
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution
Policy (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name
Registration (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and
understood and agree to be bound by the terms
and conditions of the policies of the CNNIC, as
they may be amended from time to time.
(x) Suspension and Cancellation. You agree that
your registration of the domain name shall be
subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, CNNIC
or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent
with a CNNIC or government-adopted policy, (1)
to correct mistakes by a party in registering
the name, (2) for the resolution of disputes
concerning the domain name, (3) to protect the
integrity and stability of the registry, (4) to
comply with any applicable laws, government
rules or requirements, requests of aw
enforcement, (5) to avoid any liability, civil
or criminal, on the part of Tucows, Registry
Operator or CNNIC, as well as their affiliates,
subsidiaries, directors, representatives,
employees and stockholders or (6) for violations
of this Agreement. Tucows, Registry Operator and
CNNIC also reserve the right to "freeze" a
domain name during the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of
disputes concerning or arising from use of the
domain name, the Registrant shall submit,
without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of
the courts (1) of the Registrant's domicile, (2)
where Tucows is located, and (3) the People's
Republic of China.
(xii) Governing Law. For the adjudication of a
dispute concerning or arising from use of a .cn
domain, such dispute will be governed under the
Laws of the Peoples Republic of China.
(e) .de Domains. In the case of a ".de"
registration, the following terms and conditions
will apply:
(i) Selection of a Domain Name. You represent
that:
(A) you have reviewed and have accepted the
Registry's Terms and Conditions and the
Registry's Guidelines and have provided your
Reseller with written confirmation of same;
(B) either you, or the person designated as
the administrative contact for the domain
name, shall be resident or shall have a
branch in Germany;
(C) 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.
(ii) 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 by the
Registry or any court of law. 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
specified by the Registry or any court of law.
(iii) Registry Policies. You agree to be bound
by the Registry's Registration Terms and
Conditions and the Registration Guidelines.
English language translations of the Registry's
documents are provided for convenience; in the
event of a discrepancy between the English and
the German language agreements, the terms of the
German agreement will prevail. The Registry
documents may be found at:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
11.3. German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(f) .fr Domains. In the case of a ".fr"
registration, the following terms and conditions
will apply:
(i) Representation of Registrant. .fr domain
names are available for registration to
companies and persons who fulfill the following
criteria. As a condition of registration, you
accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in France;
(or),
(II) which possess an address in France
which is expressly listed in the public
electronic databases of the registrars
of the commercial courts or the National
Statistical and Economic Studies
Institute (INSEE), (or),
(III) State institutions or departments,
local authorities or associated
establishments, (or),
(IV) which own a trademark registered
with the National Intellectual Property
Institute or own a registered EU or
international trademark which expressly
includes French territory; or
(B) A natural person:
(I) of French nationality; (or),
(II) of foreign nationality who are
domiciled in France; (or),
(III) who own a trademark registered
with the National Intellectual Property
Institute or own a registered EU or
international trademark which expressly
includes French territory.
(ii) Administrative Contact. Each
registrant must designate an
administrative contact to act as a
coordinator between the Registrant and
the Registry. In the case of .fr
registrations, the administrative
contact must be based in France where it
can receive legal and other documents.
(iii) Registry Policies. You agree to be
bound by the Registry's Naming Charter,
its registration rules for .fr. English
language translations of the Registry's
documents are provided for convenience.
The Registry documents may be found at:
www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) 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 by the Registry or
any court of law. The current .fr
dispute resolution policy and procedures
can be found at
http://www.afnic.fr/doc/ref/juridique/parl.
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 specified by the Registry or
any court of law.
(i) .it Domains. In the case of an "it"
registration, the following terms and conditions
shall apply:
(i) Registration Criteria. Registration of an
.it name is restricted to subjects belonging to
a member state of the European Union.
Individuals and associations operating without a
VAT number or a fiscal code are limited to a
single domain name registration.
(i) Registry Policy. 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.it/NA/regole-naming-curr-engl.txt.
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.
Additional policies, including transfer
procedures and "netiquette" rules may be found
at
http://www.nic.it/NA/index-engl.html.
(g) .nl Domains. In the case of a ".nl"
registration, the following terms and conditions
shall apply:
(i) Registration Criteria. Registration of a .nl
domain name is unrestricted save and except that
applicants who are not based in the Netherlands
or who do not have a registered address in the
Netherlands must provide an address in the
Netherlands where written documents can be sent
to the applicant and where legal summonses can
be served.
(ii) Registry Policies. You agree to be bound by
the policies of the Registry including but not
limited to the Registry's Registration
Regulations. English language translations of
the Registry's documents are provided for
convenience and may be found at
www.domain-registry.nl/sidn_english/flat/
General/Rules/Regulations.
(iii) 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 by the Registry or any
court of law. The current .nl dispute resolution
policy and procedures can be found at
www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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 specified by the Registry
or any court of law.
(h) .tv Domains. In the case of a ".tv"
registration, the following terms and conditions
will apply:
(i) 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/dndr/udrp/policy.htm.
Please take the time to familiarize yourself
with this policy.
(ii) Policy . You agree that your registration
of the .tv domain name shall be subject to
suspension, cancellation, or transfer pursuant
to any ICANN or government adopted policy, or
pursuant to any Registrar or registry procedure
not inconsistent with an ICANN or
government-adopted policy, (1) to correct
mistakes by us or the applicable Registry in
registering the name or (2) for the resolution
of disputes concerning the domain name. You
acknowledge that you have reviewed the .tv
General Terms of Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined
therein.
(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and
me.uk Domains. In the case of a co.uk, .org.uk,
ltd.uk, net.uk, plc.uk or me.uk registration, the
following terms and conditions will apply:
(i) "Nominet UK" means the entity granted the
exclusive right to administer the registry for .uk
domain name registrations.
(ii) 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.nic.uk/DisputeResolution/DrsPolicy/.
Please take the time to familiarize yourself
with this policy.
(iii) Nominet UK Policy. You agree that your
registration of the domain name shall be subject
to suspension, cancellation, or transfer
pursuant to any Nominet UK-adopted policy, term
or condition, or pursuant to any registrar or
registry procedure not inconsistent with an
Nominet UK-adopted policy, (1) to correct
mistakes by a registrar or the registry in
registering the name, or (2) for the resolution
of disputes concerning the domain name. The
current Nominet UK terms and conditions can be
found at:
http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
When you submit a request for a domain name
registration with Tucows and/or Reseller, you
will be entering into two contracts - one
contract with Tucows and/or Reseller and one
contract with Nominet UK.
Tucows and your Reseller will act as agents on
your behalf by submitting your application to
Nominet for you, however, you will still be
entering into a direct contract between you and
Nominet UK. This is a separate contract from
this agreement; may be found at
http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware
that by accepting Nominet's terms and conditions
you are consenting to Nominet using your
personal data for a variety of reasons. In
particular, your name and address may be
published as part of Nominet's Whois look-up
service.
(iv) Transfer of Ownership. Any transfer of
ownership in and to a domain name registration
shall be affected in accordance with Nominet UK
policies and procedures..
(j) .us Domains. In the case of a ".us"
registration, the following terms and conditions
will apply:
(i) "DOC" means the United States of America
Department of Commerce.
(ii) us Nexus Requirement. Only those
individuals or organizations that have a
substantive lawful connection in the United
States are permitted to register for .usTLD
domain names. Registrants in the .usTLD must
satisfy the nexus requirement ("Nexus" or "Nexus
Requirements") set out at:
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify
and represent that:
(A) You have and shall continue to have, a
bona fide presence in the United States on
the basis of real and substantial lawful
contacts with, or lawful activities in, the
United States as defined in Section (ii)
hereinabove;
(B) The listed name servers are located
within the United States;
(C) The data provided in the domain name
registration application is true, correct,
up to date and complete, and that you will
continue to keep all of the information
provided correct, up-to-date and complete;
(D) 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;
(E) That the domain name is not being
registered for nor shall it at any time
whatsoever be used for any unlawful purpose
whatsoever;
(F) You have the authority to enter into
this Registration Agreement.
(iv) 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 and the usDRP, as defined below, that is
incorporated herein and made a part of this
Agreement by reference. Please take the time to
familiarize yourself with these policies.
(A) Domain Name Disputes. You acknowledge
having read and understood and agree to be
bound by the terms and conditions of the
following documents, as they may be amended
from time to time, which are hereby
incorporated and made an integral part of
this Agreement:
(B) The Nexus Dispute Policy ("Dispute
Policy), available at:
http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested
parties with an opportunity to challenge a
registration not complying with the Nexus
Requirements.
(C) The usTLD Dispute Resolution Policy
("usDRP") available at:
http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested
parties with an opportunity to challenge a
registration based on alleged trademark
infringement.
In addition to the foregoing, you agree that,
for the adjudication of disputes concerning or
arising from use of the Registered Name, you
shall submit, without prejudice to other
potentially applicable jurisdictions, to the
jurisdiction of the courts (i) of your domicile,
(ii) where Tucows is located, and (iii) the
United States.
(v) Policy. You agree that your registration of
the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any
Tucows, Registry Operator, the DOC or
government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent
with a DOC or government-adopted policy, (1) to
correct mistakes by us or the applicable
Registry in registering the name or (2) for the
resolution of disputes concerning the domain
name. The Registry Operator's policies can be
found at
http://www.neustar.us/policies.
(vi) Indemnity. The DOC shall be added to the
parties you have agreed to indemnify in Section
13 hereinabove.
(vii) 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:
(A) Your full name, postal address, e-mail
address and telephone number and fax number
(if available) (or, if different, that of
the domain name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail
address, and telephone number and fax number
(if available) telephone numbers of the
administrative contact, the technical
contact and the billing contact for the
domain name;
(D) The IP addresses and names of the
primary nameserver and any secondary
nameserver(s) for the domain name;
(E) In addition to the foregoing, you will
be required to provide additional Nexus
Information. The Nexus Information
requirements are set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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 Reseller.
(viii) Disclosure and Use of the Registration
Information. You agree and acknowledge that we
will make domain name registration information
you provide available to the DOC, to the
Registry Operator, 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 the DOC and applicable
laws.
You hereby consent to any and all such
disclosures and 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.
32. WHOIS PRIVACY SERVICE. The following
terms and conditions will apply if you subscribe to
the Whois Privacy Service:
(a) Subscribers to the Whois Privacy Service
have elected to include the following
information in the publicly available Whois
Registry:
(i) Contactprivacy.com shall appear as the
Registrant and Contacts name(s);
(ii) Tucows' postal address and a Tucows
assigned email address and telephone number
shall appear on behalf of the Registrant and
the Contact(s);
(iii) The primary and secondary nameservers
shall be those designated by the Registrant;
(iv) The original date of registration and
the expiration of each domain name;
(v) Tucows will be identified as the
registrar of record.
(b) You understand and agree that the Registrant
and Contact Information that you have provided
will be kept on file. You further agree and
warrant that you will ensure that the Whois
Information is true, accurate and up to date.
(c) You will will retain complete control over
the domain name and its registration records and
may suspend and reinstate the Whois Privacy
Service at your discretion.
(d) The Whois Privacy Service may be used with
both new and existing domain name registrations.
You may use the Whois Privacy Service with
respect to a domain name that has been
transferred but it will only commence after the
transfer has been completed. If you wish to
transfer the domain name to a different
registrar,the Whois Privacy Service must be
disabled in order to initiate the transfer.
(e) We will send all obligatory renewal and
transfer related messages to the Contacts you
have designated.
(f) Communications Forwarding. Communications
received with respect to a particular domain
name registration will be handled as follows:
(i) We will forward to you or a Contact all
correspondence received by registered mail
or traceable courier. This information may
be opened, scanned and emailed to you or
your Contact.. Regular postal mail will be
discarded or returned to sender at our
discretion.
(ii) Email correspondence will be forwarded
according to the instructions of the
Registrant as they appear in our records.
(iii) A voice mail message will advise all
callers that inbound messages will not be
accepted; calls will be directed to the
contactprivacy.com web site where written
messages will be forwarded according to your
instructions.
(iv) We will only be responsible for
forwarding communications where our details
have appeared in the whois and when your
Whois Information is accurate, complete and
up to date.
(g) Right to Suspend and Disable. We shall have
the right, at our sole discretion and without
liability to you or any of your Contacts,
suspend or cancel your domain name and to reveal
Registrant and Contact Whois Information in
certain circumstances, including but not limited
to the following:
(i) when required by law;
(ii) in the good faith belief that
disclosure is necessary to further
determination of an alleged breach of a law;
(iii) to comply with a legal process served
upon Tucows;
(iv) to resolve any and all third party
claims including but not limited to ICANN's
or a Registry's dispute resolution policy;
(v) to avoid financial loss or legal
liability;
(vi) if we believe that you or one of your
Contacts is using the Whois Privacy Service
to conceal involvement with illegal,
illicit, objectionable or harmful
activities; or
(vii) to transmit SPAM, viruses, worms or
other harmful computer programs.
(h) You understand and agree that, in the event
that we receive a formal complaint, notice of
claim or UDRP, that we will have the right to
disable the Whois Privacy Service pending final
disposition of the matter.
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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