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1.
AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to each customer, "we",
us" and "our" refer to Tucows.com Inc. and "Services"
refers to the domain name registration provided by us as offered through
YourNew.com, the Registration Service Provider ("RSP"). This
Agreement explains our obligations to you, and explains your obligations to us
for various Services.
2.
SELECTION OF A DOMAIN NAME. You represent that, to the best of the your
knowledge and belief, neither the registration of the SLD name nor the manner
in which it is directly or indirectly used infringes the legal rights of a
third party and that the Domain Name is not being registered for any unlawful
purpose.
3.
FEES. As consideration for the services you have selected, you agree to pay to
us, the applicable service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). You, by completing and submitting this Agreement represent
that the statements in your application are true.
4.
TERM. You agree that the Registration Agreement will remain in full force
during the length of the term of your Domain Name Registration. Should you
choose to renew or otherwise lengthen the term of your Domain Name
Registration, then the term of this Registration Agreement will be extended
accordingly. This Agreement will remain in full force during the length of the
term of your Domain Name Registration as selected, recorded, and paid for upon
registration of the Domain Name. Should you choose to renew or otherwise
lengthen the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. Should you transfer your
domain name or should the domain name otherwise be transferred due to another
Registrar, the terms and conditions of this contract shall cease and shall be
replaced by the contractual terms in force for the purpose of registering
domain names then in force between SLD holders and the new Registrar.
5.
MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement,
that we may: (1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. Any such revision or change
will be binding and effective immediately on posting of the revised Agreement
or change to the service(s) on our web site, or on notification to you by
e-mail or regular mail as per the Notices section of this agreement. You agree
to review our web site, including the Agreement, periodically to be aware of
any such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with notice by
e-mail or regular mail as per the Notices section of this agreement. Notice of
your termination will be effective on receipt and processing by us. You agree
that, by continuing to use the Services following notice of any revision to
this Agreement or change in service(s), you shall abide by any such revisions
or changes. You further agree to abide by the ICANN Uniform Dispute
Resolution Policy ("Dispute Policy") as amended from
time to time. You agree that, by maintaining the reservation or registration
of your domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. You acknowledge that if you
do not agree to any such modifications, you may request that your domain name
be deleted from the domain name database.
6.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier and Password that
you selected when you opened your account with us. Please safeguard your
Account Identifier and Password from any unauthorized use. In no event will we
be liable for the unauthorized use or misuse of your Account Identifier or
Password.
7.
DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy which is incorporated herein and made
a part of this Agreement by reference.
8.
DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of
your domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time of the
dispute. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. For any dispute, you agree to
submit to the jurisdiction of the courts of The Province of Ontario.
9.
ICANN POLICY. You agree that your registration of the SLD name shall be
subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the
Registry in registering the name or (2) for the resolution of disputes
concerning the SLD name.
10.
AGENCY. Should you intend to license use of a domain name to a third party you
shall nonetheless be the SLD holder of record and are therefore responsible
for providing your own full contact information and for providing and updating
accurate technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in connection with the
SLD. You shall accept liability for harm caused by wrongful use of the SLD,
unless you promptly disclose the identity of the licensee to the party
providing you reasonable evidence of actionable harm. You also represent that
you have provided notice of the terms and conditions in this Agreement to the
third party and that the third party agrees to the terms of Disclosure and Use
of Registration Information (sections 18 and 19 of this Agreement).
11.
ANNOUNCEMENTS. We and the RSP reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and those of
our service partners. These announcements will be predominately informative in
nature and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the Internet.
12.
LIMITATION OF LIABILITY. You agree that our entire liability, and your
exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). We and our contractors shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or
liability resulting from the interruption of your Service. You agree that we
will not be liable for any loss of registration and use of your domain name,
or for interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages. In no event
shall our maximum liability exceed five hundred ($500.00) dollars.
13.
INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors and affiliates harmless from all
liabilities, claims and expenses, including without limitation Network
Solutions, Inc., and the directors, officers, employees and agents of each of
them, including attorney's fees, of third parties relating to or arising under
this Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using the
Service with your computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided. You also agree to
release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be considered by us
to be a breach of your Agreement and may result in deactivation of your domain
name.
14.
TRANSFER OF OWNERSHIP. The person named as administrative contact at the time
the controlling 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.
15.
BREACH. You agree that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy provided by us, may be
considered by us to be a material breach and that we may provide a written
notice, describing the breach, to you. If within thirty (30) calendar days of
the date of such notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations under the
Agreement, then we may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused simply because
we did not act earlier in response to that, or any other breach by you.
16.
NO GUARANTY. You agree that, by registration or reservation of your chosen
domain name, such registration or reservation does not confer immunity from
objection to either the registration, reservation, or use of the domain name.
17.
DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at
your own risk. You agree that such Service(s) is provided on an "as
is," "as available" basis. We expressly disclaim all warranties
of any kind, whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose and
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 such that we can continue to
improve the products and services offered to you through your RSP.
19.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that
we will make domain name registration information you provide available to
ICANN, to the registry administrators, and to other third parties as ICANN and
applicable laws may require or permit. You further agree and acknowledge that
we may make publicly available, or directly available to third party vendors,
some, or all, of the domain name registration information you provide, for
purposes of inspection (such as through our WHOIS service) or other purposes
as required or permitted by ICANN and the applicable laws.
You
hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided by you
in connection with the registration of a domain name (including any updates to
such information), whether during or after the term of your registration of
the domain name. You hereby irrevocably waive any and all claims and causes of
action you may have arising from such disclosure or use of your domain name
registration information by us.
You
may access your domain name registration information in our possession to
review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your RSP.
We
will not process data about any identified or identifiable natural person that
we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
We
will take reasonable precautions to protect the information we obtain from you
from our loss, misuse, unauthorized access or 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 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 SLD 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
within thirty (30) calendar days from receipt of your payment for such
services. In the event we do not register or reserve your domain name or
register you for other Services, or we delete your domain name or other
Services within such thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or delete your
domain name or register you for other Services.
22.
SEVERABILITY. You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remaining terms and
provisions will remain in full force and effect.
23.
NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of joint
enterprise between the parties.
24.
NON-WAIVER. Our failure to require performance by you of any provision hereof
shall not affect the full right to require such performance at any time
thereafter; nor shall the waiver by us of a breach of any provision hereof be
taken or held to be a waiver of the provision itself.
25.
NOTICES. Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via
regular mail. In the case of e-mail, valid notice shall only have been deemed
to have been given when an electronic confirmation of delivery has been
obtained by the sender. In the case of e-mail notification to rsp@yournew.com
or, in the case of notice to you, at the e-mail address provided by you in
your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise
it will be deemed to have been delivered on the next business day. In the case
of regular mail notice, valid notice shall be deemed to have been validly and
effectively given 5 business days after the date of mailing and, in the case
of notification to us or to the RSP shall be sent to:
Tucows.com
Inc.
Registrant
Affairs Office
96
Mowat Avenue
Toronto,
Ontario
M6K
3M1
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OR -
YourNew.com
PO Box 4426
Topeka,
KS 66604
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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