Master Contract: Exhibit A
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
Chattanooga Online and/or Higher Technology Services, Inc., 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. During the period following registration
of a domain name and the appointment of active name servers, we may
post a stagnant web page and any revenues generated from same shall be
for our own account.
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. All
amendments to this Agreement will be posted on our website. 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. RENEWALS
AND FORFEITURE. Domain names are registered for a finite period of
time. You will receive reminders immediately prior to the expiration of
your registration inviting you to renew your domain name. In the event
that you fail to renew your domain name in a timely fashion, your
registration will expire and we may, at our discretion, elect to assume
the registration and may hold it for our own account, delete it or we
may sell it to a third party. You acknowledge and agree that your right
and interest in a domain name ceases upon its expiration and that any
expired domain name may be made available for registration by a third
party.
If you fail to renew your registration, your domain name
may cease to resolve and visitors to your site may be redirected to a
default page informing them that the site is no longer in service. This
parked or default page may feature advertisements posted by us for our
own account.
If we have elected to renew the registration, you
will be entitled to a grace period during which you may re-register the
domain name from us. Additional costs may apply. During this grace
period, we may post a parked page and/or may revise the "Whois"
registration records to include either our information or that of your
Reseller. The domain name may also be listed for auction. If the name
is sold during any such auction, it will be acquired by a third party
on a provisional basis and will remain available for re-registration by
you during our stated grace period. If you do not re-register the
domain name during the grace period, the auction sale will be concluded
and you will receive a share of the proceeds received from the new
registrant. Tucows will send an email to the last address you have
provided advising you of the sale and your interest in same. At
present, we agree to pay you forty (40) per cent of the net proceeds of
any such auction. You will have one (1) year following the issue of the
email to claim your share of the proceeds. Any amounts not claimed
within one (1) year will be deemed to have been abandoned by you and
will be deposited by us for our own account.
If you fail to
renew your domain name registration during the grace period, you
acknowledge that you have abandoned the domain name and that it is
available for sale and registration by any third party.
16.
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.
17.
DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on
an "as is," "as available" basis. We expressly disclaim all warranties
of any kind, whether express or implied, including but not limited to
the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at
your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No advice
or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made herein.
18.
INFORMATION. As part of the registration process, you are required to
provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
(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.
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, 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.
20.
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.
21.
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.
22.
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.
23.
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.
24. 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
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
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.
25.
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 authority, are the complete and exclusive
agreement between you and us regarding our Services.
26.
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.
27. INFANCY. You attest that you are of legal age to enter into this Agreement.
28.
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.
29. 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
30. CONTROLLING LANGUAGE. In
the event that you are reading this Agreement in a language other than
the English language, you acknowledge and agree that the English
language version hereof shall prevail in case of inconsistency or
contradiction in interpretation or translation.
31. 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 Dom ain 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.
32. 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://www.nic.at/en/service/legal_information/terms_conditions/. 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.
(c) .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;
(d) .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.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml. 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.
(e) .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.
(f) .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.
(g) .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;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:
English: (A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(h) .eu domains. In the case of a ".eu" registration, the following terms and conditions will apply:
(i)
Eligibility Criteria. .eu 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)
an undertaking having its registered office, central administration or
principal place of business within the European Community;
(B) an organization established within the European Community without prejudice to the application of national law, or
(C) a natural person resident within the European Community.
(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. Registration
policies of the Registry and the terms and conditions applicable to
your .eu registration may be found at:
http://www.eurid.eu/en/general/launch. 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.
(iii) 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.
(i) .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.
(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.
(j) .it Domains. In the case of a "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.
(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.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.
(k) .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:
http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
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
http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_nam
es/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.
(l) .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.
(m) .uk Domains. In the case of a .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.nominet.org.uk/disputes/drs/policy/. 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/registrants/legal/terms/.
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.
(n) .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;
(E) 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.
(v) 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 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.
(B)
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.
(C) 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.
(vi)
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.
(vii) Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
(viii)
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;
(ix)
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.
(x) 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.
33. 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
(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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