SCHEDULE A (.info
domain)
Form
of Registration Agreement
1. AGREEMENT.
In this Registration Agreement ("Agreement") "you"
and "your" refer to the registrant of each domain name registration,
"we", us" and "our" refer to TUCOWS Inc.
and Services refers to the domain name registration provided
by us as offered through Inet7 Internet Services, Inc. This Agreement
explains our obligations to you, and explains your obligations to us
for various Services. If you are registering your name during the finite
period of time when owners of trademarks and service marks issued prior
to October 2, 2000 and having national effect will have the exclusive
opportunity to register identical domain names (Sunrise Period),
you agree to comply with the procedures, terms and obligations. You
acknowledge and agree that registrations for domain names during the
Sunrise Period will only be accepted for a minimum registration term
of five (5) years.
2. SELECTION
OF A DOMAIN NAME. You represent that, to the best of the
your knowledge and belief, neither this registration of a domain name
nor the manner in which it is directly or indirectly to be used infringes
upon the legal rights of a third party and, further, that the domain
name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever.
3. FEES.
As consideration for the Services you have selected, you agree to pay
the RSP the applicable service fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree
to: (1) provide certain current, complete and accurate information about
you as required by the registration process and (2) maintain and update
this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account
Information"). By submitting this Agreement, you represent that
the statements in your Application are true, complete and accurate.
4. TERM.
This Agreement shall remain in full force during the length of the term
of your domain name registration(s) as selected, recorded, and paid
for upon registration of the domain name. Should you choose to renew
or otherwise lengthen the term of your domain name registration, then
the term of this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar, the terms
and conditions of this contract shall cease.
5. MODIFICATIONS
TO AGREEMENT. You agree that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any such revision or
change will which shall be effective immediately upon posting on our
web site or upon notification to you by e-mail or your countrys
postal service pursuant to the Notices section of this Agreement. You
agree to review this Agreement as posted on our web site periodically
to maintain an awareness of any and all such revisions. If you do not
agree with any revision to the Agreement, you may terminate this Agreement
at any time by providing us with notice by e-mail or postal service
pursuant to the Notices section of this Agreement. Notice of your termination
shall be effective after processing by us. You agree that, by continuing
the use of Services following notice of any revision to this Agreement
or change in service(s), you shall be bound by any such revisions and
changes. If you have registered your name during the Sunrise Period,
you agree to be bound by the Sunrise Dispute Resolution Policy (Sunrise
Dispute Policy) found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform Dispute Resolution
Policy (Dispute Policy) as presently written and posted
on http://www.opensrs.org/legal/udrp.shtml and as shall be amended from
time to time. You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain name
database.
6. MODIFICATIONS
TO YOUR ACCOUNT. In order to change any of your account information
with us, you must use your Account Identifier and Password that you
selected when you opened your account with us. You agree to safeguard
your Account Identifier and Password from any unauthorized use. In no
event shall we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
7. DOMAIN NAME
DISPUTE POLICY. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policies that are incorporated
herein and made a part of this Agreement by reference. The current version
of the general registration Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME
DISPUTES. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject
to the provisions specified in the Sunrise Dispute Policy or the Dispute
Policy, as applicable. 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 Sunrise Dispute
Policy or Dispute Policy, as applicable.
9. POLICY.
You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to a Tucows, Registry
Operator, ICANN or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, Registry Operator,
ICANN or government-adopted policy, (1) to correct mistakes by us or
the Registry in registering the name or (2) for the resolution of disputes
concerning the domain name.
10. AGENCY.
Should you intend to license use of a domain name to a third party you
shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems
that arise in connection with the domain name. You shall accept liability
for harm caused by wrongful use of the domain name. You represent that
you have provided notice of the terms and conditions in this Agreement
to a third party licensee and that the third party agrees to the terms
hereof.
11. ANNOUNCEMENTS.
We reserve the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in nature
and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the
Internet.
12. LIMITATION
OF LIABILITY. You agree that our entire liability, and your
exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the
amount you paid for such Service(s). Neither we nor our contractors
or third party beneficiaries shall 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 jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, 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 miss-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account identifier or password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we will
not be liable for any loss of registration and use of your domain name,
or for interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits) regardless
of the form of action whether in contract, tort (including negligence),
or otherwise, even if we have been advised of the possibility of such
damages. In no event shall our maximum liability exceed five hundred
($500.00) dollars.
13. INDEMNITY.
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors, affiliates and third party beneficiaries
harmless from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this Agreement,
the Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using the Service
of any intellectual property or other proprietary right of any person
or entity, or from the violation of any of our operating rules or policy
relating to the Service(s) provided. You also agree to release, indemnify
and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. When we are threatened with suit by a third party,
we may seek written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances shall be a breach of your
Agreement and may result in deactivation of your domain name.
14. TRANSFER
OF OWNERSHIP. The person named as registrant at the time
the user name and password are secured shall be the owner of the domain
name. You agree that prior to transferring ownership of your domain
name to another person (the Transferee") you shall require the
Transferee to agree in writing to be bound by all the terms and conditions
of this Agreement. Your domain name will not be transferred until we
receive such written assurances or other reasonable assurance that the
Transferee has been bound by the contractual terms of this Agreement
(such reasonable assurance as determined by us in our sole discretion)
along with the applicable transfer fee. If the Transferee fails to be
bound in a reasonable fashion (as determine by us in our sole discretion)
to the terms and conditions in this Agreement, any such transfer will
be null and void. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the registration
of your domain name.
15. BREACH.
You agree that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy provided by us, may
be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within thirty (30)
calendar days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration
or reservation of your domain name. Any such breach by you shall not
be deemed to be excused simply because we did not act earlier in response
to that, or any other breach by you.
16. NO GUARANTY.
You acknowledge that registration or reservation of your chosen domain
name does not confer immunity from objection to either the registration,
reservation, or use of the domain name.
17. DISCLAIMER
OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided
on an "as is", "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the Service(s) will
be uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered
into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create
any warranty not expressly made herein.
18. INFORMATION.
As part of the registration process, you are required to provide us
certain information and to update us promptly as such information changes
such that our records are current, complete and accurate. You are obliged
to provide us the following information:
(i) Your name and postal address (or, if different, that of the domain
name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain
name;
(iv) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through
your RSP.
19. DISCLOSURE
AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available
to ICANN, to the registry administrators, and to other third parties
as applicable. You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some, or all,
of the domain name registration information you provide, for purposes
of inspection (such as through our WHOIS service) or other purposes
as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after
the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from
such disclosure or use of your domain name registration information
by us.
You may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain
manager service, or similar service, made available by us through your
RSP.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized accessor disclosure, alteration
or destruction of that information.
20. REVOCATION.
Your wilful provision of inaccurate or unreliable information, your
wilful failure promptly to update information provided to us, or your
failure to respond for over fifteen (15) calendar days to inquiries
by us concerning the accuracy of contact details associated with the
your registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name registration.
21. RIGHT OF
REFUSAL. We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you
for other Services. In the event we do not register or reserve your
domain name or register you for other Services, or we delete your domain
name or other Services within such thirty (30) calendar day period,
we agree to refund your applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may result from our refusal
to register, reserve, or delete your domain name or register you for
other Services.
We reserve the right to delete or transfer your domain name within
a thirty (30) day period following registration if we believe the registration
has been made possible by a mistake, made either by us or by a third
party. We also reserve the right to suspend a domain name during resolution
of any dispute.
22. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any term
or provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remaining
terms and provisions will remain in full force and effect.
23. NON-AGENCY.
Nothing contained in this Agreement or the Dispute Policies shall be
construed as creating any agency, partnership, or other form of joint
enterprise between the parties.
24. NON-WAIVER.
Our failure to require performance by you of any provision hereof shall
not affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken
or held to be a waiver of the provision itself.
25. NOTICES.
Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via postal
service. In the case of e-mail, valid notice shall only have been deemed
to have been given when an electronic confirmation of delivery has been
obtained by the sender. In the case of e-mail, notifications must be
sent to us at lhutz@tucows.com, or in the case of notification to you,
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 5 business days after the date of mailing and,
in the case of notification to us or to RSP shall be sent to:
Our Address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified
in the Administrative Contact in your WHOIS record.
26. ENTIRETY.
You agree that this Agreement, the rules and policies published by us
and the Dispute Policy are the complete and exclusive agreement between
you and us regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
27. GOVERNING
LAW. This Agreement shall be governed by and interpreted
and enforced in accordance with the LAWS OF Province of ontario and
the FEDERAL LAWS OF canada applicable therein without reference to rules
governing choice of laws. Any action relating to this Agreement must
be brought in ontario and you irrevocably consent to the jurisdiction
of such courts.
28. INFANCY.
You attest that you are of legal age to enter into this Agreement.
29. 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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