EXHIBIT ARegistration 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 YourNew.com, the Registration Service
Provider ("Reseller"). Any reference to a
"registry," "Registry" or "Registry
Operator" shall refer to the registry administrator of the
applicable TLD or ccTLD. This Agreement explains our obligations to you,
and explains your obligations to us for the Services. By agreeing to the
terms and conditions set forth in this Agreement, you are also agreeing
to be bound by the rules and regulations set forth by a registry for
that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we
cannot guarantee that you will obtain a desired domain name
registration, even if an inquiry indicates that a domain name is
available at the time of your application for same. You represent that,
to the best of the your knowledge and belief, neither the registration
of the domain name nor the manner in which it is directly or indirectly
to be used, infringes upon the legal rights of a third party and
further, that the domain name is not being registered for nor shall it
at any time whatsoever be used for any unlawful purpose.
3. FEES. As consideration for the Services, you agree to pay
Reseller the applicable service(s) fees prior to the effectiveness of a
desired domain name registration or any renewal thereof. All fees
payable hereunder are non-refundable even if your domain name
registration is suspended, cancelled or transferred prior to the end of
your current registration term. As further consideration for the
Services, you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration process,
and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred
to as account information ("Account Information"). You
represent that the Account Information and all other statements put
forth in your application are true, complete and accurate. Both Tucows
and each registry reserves the right to terminate your domain name
registration if: (i) information provided by you or your agent is false,
inaccurate, incomplete, unreliable, misleading or otherwise secretive;
or (ii) you have failed to maintain, update and keep your Account
Information true, current, complete, accurate and reliable. You
acknowledge that a breach of this Section 3 will constitute a material
breach of our Agreement which will entitle either us or a registry to
terminate this Agreement immediately upon such breach without any refund
and without notice to you.
4. TERM. This Agreement will remain in effect during the term of
your domain name registration as selected, recorded and paid for at the
time of registration or any renewal thereof. Should the domain name be
transferred to another registrar, the terms and conditions of this
Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice
of registering and administering domain names is constantly evolving;
therefore, you agree that Tucows may modify this Agreement, or any other
related and/or applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or individual, as
well as to adjust to changing circumstances. Your continued use of the
domain name registered to you will constitute your acceptance of this
Agreement with any revisions. If you do not agree to any change, you may
request that your domain name registration be cancelled or transferred
to a different accredited registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you do not wish to
abide by any change to this Agreement, or any other related and/or
applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use the Account Identifier and
Password that you selected when you opened your account with us. You
agree to safeguard your Account Identifier and Password from any
unauthorized use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
7. NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection to
the registration, reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you will
be subject to the provisions specified in the dispute policy adopted by
the applicable registry. You agree that in the event a domain name
dispute arises with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions contained in the
applicable policy. If Tucows is notified that a complaint has been filed
with a judicial or administrative body regarding your domain name,
Tucows may, at its sole discretion, suspend your ability to use your
domain name or to make modifications to your registration records until
(i) Tucows is directed to do so by the judicial or administrative body,
or (ii) Tucows receives notification by you and the other party
contesting your domain that the dispute has been settled. Furthermore,
you agree that if you are subject to litigation regarding your
registration or use of your domain name, Tucows may deposit control of
your registration record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to a
Tucows, registry, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Tucows,
registry, ICANN or government-adopted policy, (1) to correct mistakes by
us or a registry in registering the name or (2) for the resolution of
disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name to
a third party you shall nonetheless be the domain name holder of record
and are therefore responsible for providing your own full contact
information and for providing and updating accurate technical and
administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain
name. You shall accept liability for harm caused by wrongful use of the
domain name. You represent that you will secure the agreement of any
third party to the terms and conditions in this Agreement
11. ANNOUNCEMENTS. We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to
enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited
to the amount you paid for the initial registration of your domain name.
Tucows and its directors, employees, affiliates, subsidiaries, agents
and third party providers, ICANN and the applicable registries shall not
be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services
or for the cost of procurement of substitute services. Because some
states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, our liability is
limited to the extent permitted by law. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3)
loss or liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your account identifier
or password; (5) loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s) provided under
this Agreement; (6) loss or liability resulting from the interruption of
your Service. You agree that we will not be liable for any loss of
registration and use of your domain name, or for interruption of
business, or any indirect, special, incidental, or consequential damages
of any kind (including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or otherwise, even if
we have been advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows,
its contractors, agents, employees, officers, directors and affiliates,
ICANN, the applicable registries and their respective directors,
officers, employees, agents and affiliates harmless from all
liabilities, claims and expenses, including attorney's fees, of third
parties arising out of or relating to the registration or use of the
domain name registered in your name , whether used by yourself, licensed
to a third party or pursuant to the Whois Privacy Service, including
without limitation infringement by you or a third party with access to
your Account Identifier and Password. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions
contained in the applicable Dispute Policy. When we are threatened with
suit by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide those
assurances may be considered by us to be a breach of your Agreement and
may result in the suspension or cancellation of your domain name. This
indemnification obligation will survive the termination or expiration of
this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the
Whois shall be the registered name holder. The person named as
Administrative contact at the time the controlling Account Identifier
and Password are secured, shall be deemed the designate of the
Registrant with the authority to manage the domain name. You agree that
prior to transferring ownership of your domain name to another person
(the "Transferee") you shall require the Transferee to agree,
in writing to be bound by all the terms and conditions of this
Agreement. If the Transferee fails to be bound in a reasonable fashion
(as determine by us in our sole discretion) to the terms and conditions
in this Agreement, any such transfer will be null and void.
15. BREACH. You agree that failure to abide by any provision of
this Agreement, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach and that
we may provide a written notice, describing the breach, to you. If
within thirty (30) calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then we may delete
the registration or reservation of your domain name. Any such breach by
you shall not be deemed to be excused simply because we did not act
earlier in response to that, or any other breach by you.
16. 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. 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 advising them that the site is
no longer in service. If we have elected to renew the registration, you
will be entitled to a grace period during which you may purchase the
domain name from us. Additional costs may apply.
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 lhutz@tucows.com.
Any notice to you will be sent to the e-mail address provided by you in
your Whois record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such
date is a business day and such delivery was made prior to 4:00 p.m.
EST, otherwise it will be deemed to have been delivered on the next
business day. In the case of regular mail notice, valid notice shall be
deemed to have been validly and effectively given five (5) business days
after the date of mailing Postal notices to Tucows shall be sent to:
TUCOWS.com Co..
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address
specified in the "Administrative Contact" in your Whois
record.
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 authorities 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")
([link])
and comply with the requirements set forth by the Registry; these
policies are subject to modification;
(ii) For the adjudication of disputes concerning or arising from use of
the domain name, the Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts
(1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
(b) .org Domains: In the case of a ".org"
registration, the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Dispute Policy ("UDRP")
([link])
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")
([link])
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:
[link].
(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: [link];
(B) The Restrictions Dispute Resolution Criteria and Rules
("RDRP"), available at:
[link];
(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: [link];
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
[link]
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:
[link];
(B) the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at:
[link];
and
(C) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at:
[link].
(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
[link].
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
[link].
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
[link].
(a) .ca Domains. In the case of a ".ca"
registration, the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a
domain name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy, which is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at
[link].
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
[link].
You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry agreement or policy, your sole remedy is to
cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
(v) You acknowledge and agree that the Registry shall not be liable to
you for any loss, damage, or expense arising out of the Registry's
failure or refusal to register a domain name, it's failure or refusal to
renew a domain name registration, it's registration of a domain name,
it's failure or refusal to renew a domain name registration, it's
renewal of a domain name registration, it's failure or refusal to
transfer a domain name registration, it's transfer of a domain name
registration, it's failure or refusal to maintain or modify a domain
name registration, it's maintenance of a domain name registration, it's
modification of a domain name registration, it's failure to cancel a
domain name registration or it's cancellation of a domain name
registration from the Registry;
(b) .cc Domains. In the case of a ".cc"
registration, the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a
domain name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at
[link].
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
[link].
You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
(c) .ch Domains. In the case of a ".ch"
registration, the following terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by
Registry policies and any pertinent rules or policies that exist now or
in the future and which are posted on the Registry website at
http://www.switch.ch/id/terms. You are responsible for monitoring the
Registry's site on a regular basis. In the event that you do not wish to
be bound by a revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following the
appropriate Registry policy regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the .ch Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at
http://www.switch.ch/id/disputes/rules. Please take the time to
familiarize yourself with this policy.
(d) .cn Domains. In the case of a ".cn"
registration, the following terms and conditions shall apply:
(i) "Registry" means the China Internet Network Information
Center, which is the authority responsible for the administration of the
national top-level domain of the People's Republic of China and the
Chinese domain name system;
(ii) "Registry Gateway" means the service provided by the
Registry Operator that facilitates the registration of .cn domain names
by registrars operating outside of the People's Republic of China;
(iii) "Registry Operator" means Neustar, Inc., the company
authorized to facilitate the registration of .cn domain names by
registrars operating outside of the People's Republic of China.
(iv) Restrictions. You agree that you shall not register or use a domain
name that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the Constitution of
the Peoples Republic of China ("PRC");
(B) jeopardize national security, leak state secrets, intend to overturn
the government or disrupt the integrity of the PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social stability of
the PRC;
(F) spread pornography, obscenity, gambling, violence, homicide, terror
or instigate crimes in the PRC;
(G) insult, libel against others and infringe other people's legal
rights and interests in the PRC; or
(H) take any other action prohibited in laws, rules and administrative
regulations of the PRC.
(v) Business or Organization Representation. .cn domain name
registrations are intended for businesses and organizations and not for
individual use. By registering a .cn name, you accordingly represent
that you have registered the domain name on behalf or a business or
organization. It should be noted that, although .cn policy is permissive
in terms of registration, and enforcement is generally in reaction to a
complaint (as opposed to proactive review), registrations that are not
associated with an organization or business may be subject to deletion.
The foregoing prevents an individual from registering a .cn domain name
for a business operating as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and understood
and agree to be bound by the terms and conditions of the CNNIC Domain
Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy
("Dispute Policy"), as they may be amended from time to time,
which are hereby incorporated and made an integral part of this
Agreement. The Dispute Policy is currently found at:
[link].
(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
[link]);
(B) Detailed Implementation Rules for Registration of Domain Names in
China (currently at
[link]);
(C) Chinese Domain Names Dispute Resolution Policy (currently at [link]);
and
(D) CNNIC Implementing Rules of Domain Name Registration (currently at [link]).
You acknowledge that you have read and understood and agree to be
bound by the terms and conditions of the policies of the CNNIC, as they
may be amended from time to time.
(x) Suspension and Cancellation. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, CNNIC or government-adopted
policy, or pursuant to any registrar or registry procedure not
inconsistent with a CNNIC or government-adopted policy, (1) to correct
mistakes by a party in registering the name, (2) for the resolution of
disputes concerning the domain name, (3) to protect the integrity and
stability of the registry, (4) to comply with any applicable laws,
government rules or requirements, requests of aw enforcement, (5) to
avoid any liability, civil or criminal, on the part of Tucows, Registry
Operator or CNNIC, as well as their affiliates, subsidiaries, directors,
representatives, employees and stockholders or (6) for violations of
this Agreement. Tucows, Registry Operator and CNNIC also reserve the
right to "freeze" a domain name during the resolution of a
dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, (2) where
Tucows is located, and (3) the People's Republic of China.
(xii) Governing Law. For the adjudication of a dispute concerning or
arising from use of a .cn domain, such dispute will be governed under
the Laws of the Peoples Republic of China.
(e) .de Domains. In the case of a ".de"
registration, the following terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registry's Terms and
Conditions and the Registry's Guidelines and have provided your Reseller
with written confirmation of same;
(B) either you, or the person designated as the administrative contact
for the domain name, shall be resident or shall have a branch in
Germany;
(C) to the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is directly or
indirectly to be used infringes upon the legal rights of a third party
and, further, that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever.
(ii) Domain Name Disputes. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you will
be subject to the provisions specified by the Registry or any court of
law. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the
terms and conditions specified by the Registry or any court of law.
(iii) Registry Policies. You agree to be bound by the Registry's
Registration Terms and Conditions and the Registration Guidelines.
English language translations of the Registry's documents are provided
for convenience; in the event of a discrepancy between the English and
the German language agreements, the terms of the German agreement will
prevail. The Registry documents may be found at:
11.2. English:
(A) Registration Terms and Conditions
[link]
(B) Registration Guidelines
[link]
11.3. German:
(C) DENIC-Registrierungsbedingungen
[link]
(D) DENIC-Registrierungsrichtlinien
[link]
(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:
(I) an undertaking having its registered office, central
administration or principal place of business within the European
Community;
(II) an organization established within the European Community without
prejudice to the application of national law, or
(III) 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:
[link]
and [link]
respectively. 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.
(iv) Sunrise and General Pre-registration Applications. You acknowledge
that the submission of a "Sunrise" or a "General
Pre-registration Application" does not ensure the registration of
the domain name. In the event that your application does not result in a
domain name registration, a portion of the registration fee shall be
refunded after the deduction of a handling fee, which fee shall be
subject to change based on fluctuations in the exchange rates of the US
dollar and Euro. You agree that your sunrise application shall be
subject to the pre-registration policies found at
[link].
(f) .fr Domains. In the case of a ".fr"
registration, the following terms and conditions will apply:
(i) Representation of Registrant. .fr domain names are available for
registration to companies and persons who fulfill the following
criteria. As a condition of registration, you accordingly represent that
you are:
(A) A legal entity:
(I)whose head office is in France; (or),
(II) which possess an address in France which is expressly listed
in the public electronic databases of the registrars of the
commercial courts or the National Statistical and Economic Studies
Institute (INSEE), (or),
(III) State institutions or departments, local authorities or
associated establishments, (or),
(IV) which own a trademark registered with the National
Intellectual Property Institute or own a registered EU or
international trademark which expressly includes French territory;
or
(B) A natural person:
(I) of French nationality; (or),
(II) of foreign nationality who are domiciled in France; (or),
(III) who own a trademark registered with the National
Intellectual Property Institute or own a registered EU or
international trademark which expressly includes French territory.
(ii) Administrative Contact. Each registrant must designate an
administrative contact to act as a coordinator between the
Registrant and the Registry. In the case of .fr registrations, the
administrative contact must be based in France where it can
receive legal and other documents.
(iii) Registry Policies. You agree to be bound by the Registry's
Naming Charter, its registration rules for .fr. English language
translations of the Registry's documents are provided for
convenience. The Registry documents may be found at:
www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) Domain Name Disputes. You agree that, if the registration or
reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified by the Registry or
any court of law. The current .fr dispute resolution policy and
procedures can be found at
http://www.afnic.fr/doc/ref/juridique/parl. You agree that in the
event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and
conditions specified by the Registry or any court of law.
(i) .it Domains. In the case of an "it" registration,
the following terms and conditions shall apply:
(i) Registration Criteria. Registration of an .it name is restricted
to subjects belonging to a member state of the European Union.
Individuals and associations operating without a VAT number or a
fiscal code are limited to a single domain name registration.
(i) Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by
Registry policies and any pertinent rules or policies that exist now
or in the future and which are posted on the Registry website at
[link].
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
[link].
(g) .nl Domains. In the case of a ".nl" registration,
the following terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl domain name is
unrestricted save and except that applicants who are not based in the
Netherlands or who do not have a registered address in the Netherlands
must provide an address in the Netherlands where written documents can
be sent to the applicant and where legal summonses can be served.
(ii) Registry Policies. You agree to be bound by the policies of the
Registry including but not limited to the Registry's Registration
Regulations. English language translations of the Registry's documents
are provided for convenience and may be found at
www.domain-registry.nl/sidn_english/flat/ General/Rules/Regulations.
(iii) You agree that, if the registration or reservation of your
domain name is challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of law. The current
.nl dispute resolution policy and procedures can be found at [link].
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:
[link]
and expressly agree to the terms outlined therein.
(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk Domains. In
the case of a co.uk, .org.uk, ltd.uk, net.uk, plc.uk or me.uk
registration, the following terms and conditions will apply:
(i) "Nominet UK" means the entity granted the exclusive
right to administer the registry for .uk domain name registrations.
(ii) Domain Name Dispute Policy. If you reserved or registered a
domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policy which
is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found at:
[link].
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:
[link]
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 [link].
Tucows and Reseller must also make you aware that by accepting
Nominet's terms and conditions you are consenting to Nominet using
your personal data for a variety of reasons. In particular, your name
and address may be published as part of Nominet's Whois look-up
service.
(iv) Transfer of Ownership. Any transfer of ownership in and to a
domain name registration shall be affected in accordance with Nominet
UK policies and procedures..
(j) .us Domains. In the case of a ".us" registration,
the following terms and conditions will apply:
(i) "DOC" means the United States of America Department of
Commerce.
(ii) us Nexus Requirement. Only those individuals or organizations
that have a substantive lawful connection in the United States are
permitted to register for .usTLD domain names. Registrants in the
.usTLD must satisfy the nexus requirement ("Nexus" or
"Nexus Requirements") set out at:
[link].
(iii) Selection of a Domain Name. You certify and represent that:
(A) You have and shall continue to have, a bona fide presence in the
United States on the basis of real and substantial lawful contacts
with, or lawful activities in, the United States as defined in
Section (ii) hereinabove;
(B) The listed name servers are located within the United States;
(C) The data provided in the domain name registration application is
true, correct, up to date and complete, and that you will continue
to keep all of the information provided correct, up-to-date and
complete;
(D) To the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is directly
or indirectly to be used infringes upon the legal rights of a third
party;
(E) That the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
(F) You have the authority to enter into this Registration
Agreement.
(iv) Domain Name Dispute Policy. If you reserved or registered a
domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policy and the
usDRP, as defined below, that is incorporated herein and made a part
of this Agreement by reference. Please take the time to familiarize
yourself with these policies.
(A) Domain Name Disputes. You acknowledge having read and understood
and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement:
(B) The Nexus Dispute Policy ("Dispute Policy), available at: [link].
The Dispute Policy will provide interested parties with an
opportunity to challenge a registration not complying with the Nexus
Requirements.
(C) The usTLD Dispute Resolution Policy ("usDRP")
available at: [link].
The usDRP is intended to provide interested parties with an
opportunity to challenge a registration based on alleged trademark
infringement.
In addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (i) of your domicile,
(ii) where Tucows is located, and (iii) the United States.
(v) Policy. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, the DOC or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with
a DOC or government-adopted policy, (1) to correct mistakes by us or
the applicable Registry in registering the name or (2) for the
resolution of disputes concerning the domain name. The Registry
Operator's policies can be found at
[link].
(vi) Indemnity. The DOC shall be added to the parties you have agreed
to indemnify in Section 13 hereinabove.
(vii) Information. As part of the registration process, you are
required to provide us certain information and to update us promptly
as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following
information:
(A) Your full name, postal address, e-mail address and telephone
number and fax number (if available) (or, if different, that of the
domain name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone number
and fax number (if available) telephone numbers of the
administrative contact, the technical contact and the billing
contact for the domain name;
(D) The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name;
(E) In addition to the foregoing, you will be required to provide
additional Nexus Information. The Nexus Information requirements are
set out at
[link].
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through
your Reseller.
(viii) Disclosure and Use of the Registration Information. You agree
and acknowledge that we will make domain name registration information
you provide available to the DOC, to the Registry Operator, and to
other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third
party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through
our Whois service) or other purposes as required or permitted by the
DOC and applicable laws.
You hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether
during or after the term of your registration of the domain name. You
hereby irrevocably waive any and all claims and causes of action you
may have arising from such disclosure or use of your domain name
registration information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us
through your Reseller.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
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;
(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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