Exhibit A
Registration Agreement
- 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 _____________________________________, the
Registration Service Provider ("Reseller"). Any reference to a
"registry," "Registry" or "Registry Operator" shall refer to the
registry administrator of the applicable top-level domain ("TLD"). 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.
- SELECTION OF A DOMAIN NAME. You acknowledge and
agree that we cannot guarantee that you will obtain a desired domain
name, even if an inquiry indicates that a domain name is available at
the time of your application. You represent that, to the best of the
your knowledge and belief, neither the registration of the domain name
nor the manner in which you intend to use it, infringes upon the legal
rights of a third party and further, that the domain name is not being
registered for, nor shall it at any time whatsoever be used for, any
unlawful purpose. During the period following registration of a domain
name and the appointment of active name servers, we may post a stagnant
web page and any revenues generated from same shall be for our own
account.
- 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.
- 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.
- MODIFICATIONS TO AGREEMENT. You acknowledge that
the practice of registering and administering domain names is
constantly evolving; therefore, you agree that Tucows may modify this
Agreement, or any other related and/or applicable agreement, as is
necessary to comply with its agreements with ICANN, a registry or any
other entity or individual, as well as to adjust to changing
circumstances. All amendments to this Agreement will be posted on our
website. Your continued use of the domain name registered to you will
constitute your acceptance of this Agreement with any revisions. If you
do not agree to any change, you may request that your domain name
registration be cancelled or transferred to a different accredited
registrar. You agree that such cancellation or request for transfer
will be your exclusive remedy if you do not wish to abide by any change
to this Agreement, or any other related and/or applicable agreement.
- 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.
- NO GUARANTEE. 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 and specifying the amount of time you have to
renew your domain name. In the event that you fail to renew your domain
name in a timely fashion, your registration will expire and we may, at
our discretion, elect to assume the registration and may hold it for
our own account, delete it or we may sell it to a third party. You
acknowledge and agree that your right and interest in a domain name
ceases upon its expiration and that any expired domain name may be made
available for registration by a third party.
If you fail to renew
your registration, your domain name may cease to resolve and visitors
to your site may be redirected to a default page informing them that
the site is no longer in service. This parked or default page may
feature advertisements posted by us for our own account.
If we, in our sole discretion, have elected to renew the registration,
you will be entitled to a grace period of thirty-five (35) days during
which you may re-register the domain name from us. Additional costs for
the redemption and re-registration will apply. During this grace
period, we may post a parked page and/or may revise the "Whois"
registration records to include either our information or that of your
Reseller. The domain name also may be listed for auction. If the name
is sold during any such auction, it will be acquired by a third party
on a provisional basis and will remain available for re-registration by
you during our stated grace period. If you do not re-register the
domain name during the grace period, the auction sale will be concluded.
If you fail to renew your domain name registration during the grace
period, you acknowledge that you have abandoned the domain name and
that it is available for sale and registration by any third party.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- ENTIRETY. You agree that this Agreement, the
applicable dispute policy and the rules and policies published by
Tucows and any applicable registry or other governing authority, are
the complete and exclusive agreement between you and us regarding our
Services.
- 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.
- INFANCY. You attest that you are of legal age to enter into this Agreement.
- 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.
- 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
- 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.
- TLD'S. The following additional provisions apply to any domain names that you register through Tucows with the various registries:
- .com/net Domains: In the case of a ".com" or ".net" registration, the following terms and conditions will apply:
- Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
- 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.
- .org Domains: In the case of a ".org" registration, the following terms and conditions will apply:
- Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Dom ain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
- 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.
- .info Domains: In the case of a ".info" registration, the following terms and conditions will apply:
- 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;
- Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification;
- 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;
- 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.
- .biz Domains. In the case of a ".biz" registration, the following terms and conditions will apply:
- .biz Restrictions. Registrations in the .biz top-level domain must
be used or intended to be used primarily for bona fide business or
commercial purposes. For the purposes of the .biz registration
restrictions, "bona fide business or commercial use" shall mean the
bona fide use or bona fide intent to use the domain name or any
content, software, materials, graphics or other information thereon, to
permit Internet users to access one or more host computers through the
DNS: (A) to exchange goods, services, or property of any kind; (B) in
the ordinary course of business; or (C) to facilitate (i) the exchange
of goods, services, information or property of any kind; or (ii) the
ordinary course of trade or business.
For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
- 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.
- 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.
- Domain Name Disputes. You acknowledge having read and understood
and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement: (A) The
Uniform Domain Name Dispute Resolution Policy ("Dispute Policy),
available at: http://www.icann.org/dndr/udrp/policy.htm; (B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm; (collectively, the "Dispute Policies").
- 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.
- 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.
- 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.
- .name Domains. In the case of a ".name" registration, the following terms and conditions will apply:
- .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.
- .name Representations. As a .name domain name registrant, you
hereby represent that: (A) the registered domain name or second level
domain ("SLD") e-mail address is your Personal Name. (B) the data
provided in the domain name registration application is true, correct,
up to date and complete and that you will continue to keep all of the
information provided correct, current and complete, (C) to the best of
the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party; (D) that the domain
name is not being registered for nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever; (E) the registration
satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and (F) you have the authority to enter into this Registration Agreement.
- E-mail Forwarding Services. The Services for which you have
registered may, at your option, include e-mail forwarding. To the
extent you opt to use e-mail forwarding, you are obliged to do so in
accordance with all applicable legislation and are responsible for all
use of e-mail forwarding, including the content of messages sent
through e-mail forwarding.
You undertake to familiarize yourself
with the content of and to comply with the generally accepted rules for
Internet and e-mail usage. This includes, but is not limited to the
Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to the
foregoing, you undertake not to use e-mail forwarding: (A) to
encourage, allow or participate in any form of illegal or unsuitable
activity, including but not restricted to the exchange of threatening,
obscene or offensive messages, spreading computer viruses, breach of
copyright and/or proprietary rights or publishing defamatory material;
(B) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including all
attempts at guessing passwords, checking or testing the vulnerability
of a system or network or breaching the security or access control
without the sufficient approval of the owner of the system or network;
(C) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial of
Service (DoS) attacks, wilful attempts to overload another system or
other forms of harassment; or (D) for spamming, which includes, but is
not restricted to, the mass mailing of unsolicited e-mail, junk mail,
the use of distribution lists (mailing lists) which include persons who
have not specifically given their consent to be placed on such
distribution list. Users are not permitted to provide false names or in
any other way to pose as somebody else when using e-mail forwarding.
- 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.
- 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.
- 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.
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the dispute policy that is
incorporated herein and made a part of this Agreement by reference. You
hereby acknowledge that you have read and understood and agree to be
bound by the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby incorporated and
made an integral part of this Agreement. (A) the Eligibility
Requirements (the "Eligibility Requirements"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; (B) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and (C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm
- 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.
- 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.
- 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.
- 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.
- .at Domains. In the case of a ".at" registration, the following terms and conditions will apply:
- Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by
Registry policies and any pertinent rules or policies that exist now or
in the future and which are posted on the Registry website at
http://www.nic.at/en/service/legal_information/terms_conditions/. You
are responsible for monitoring the Registry's site on a regular basis.
In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
- .be Domains. In the case of a ".be" registration, the following terms and conditions will apply:
- Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by
Registry policies and any pertinent rules or policies that exist now or
in the future and which are posted on the Registry website at
http://www.dns.be/en/home.php?n=121.
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.
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the .be Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.dns.be/en/home.php?n=53.
- .ca Domains. In the case of a ".ca" registration, the following terms and conditions will apply:
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy, which is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself with this policy.
- 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.
- Transfer of Ownership. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with registry
policies and procedures.
- Registry Agreement and Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement you shall be
bound by the Registry's Registrant Agreement, the Registry's policies
and any pertinent rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry agreement or policy, your sole remedy is
to cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
- 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;
- .cc Domains. In the case of a ".cc" registration, the following terms and conditions will apply:
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html.
Please take the time to familiarize yourself with this policy.
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.html.
You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
- .ch Domains. In the case of a ".ch" registration, the following terms and conditions shall apply:
- 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.
- 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.
- .cn Domains. In the case of a ".cn" registration, the following terms and conditions shall apply:
- "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;
- "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;
- "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.
- 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.
- 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.
- Domain Name Disputes. You acknowledge having read and understood
and agree to be bound by the terms and conditions of the CNNIC Domain
Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy
("Dispute Policy"), as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement. The
Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
- 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.
- 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.
- Adherence to Policies. You agree to comply with all applicable
laws, regulations and policies of the Peoples Republic of China's
governmental agencies and the China Internet Network Information Centre
("CNNIC"), including but not limited to the following rules and
regulations: (A) Provisional Administrative Rules for Registration of
Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm); (B) Detailed Implementation Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm); (C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and (D) CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and agree to be bound
by the terms and conditions of the policies of the CNNIC, as they may
be amended from time to time.
- 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.
- 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.
- 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.
- .de Domains. In the case of a ".de" registration, the following terms and conditions will apply:
- Selection of a Domain Name. You represent that: (A) you have
reviewed and have accepted the Registry's Terms and Conditions and the
Registry's Guidelines and have provided your Reseller with written
confirmation of same;you have reviewed and have accepted the Registry's
Terms and Conditions and the Registry's Guidelines and have provided
your Reseller with written confirmation of same; (B) either you, or the
person designated as the administrative contact for the domain name,
shall be resident or shall have a branch in Germany; (C) to the best of
the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party and, further, that the
domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever.
- 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.
- Registry Policies. You agree to be bound by the Registry's
Registration Terms and Conditions and the Registration Guidelines.
English language translations of the Registry's documents are provided
for convenience; in the event of a discrepancy between the English and
the German language agreements, the terms of the German agreement will
prevail. The Registry documents may be found at: English: (A)
Registration Terms and Conditions http://www.denic.de/en/bedingungen.html; (B) Registration Guidelines http://www.denic.de/en/richtlinien.html; German: (C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html (D) DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html
- .eu domains. In the case of a ".eu" registration, the following terms and conditions will apply:
- Eligibility Criteria. .eu domain names are available for
registration to companies and persons who fulfill the following
criteria. As a condition of registration, you accordingly represent
that you are: (A) an undertaking having its registered office, central
administration or principal place of business within the European
Community; (B) an organization established within the European
Community without prejudice to the application of national law, or (C)
a natural person resident within the European Community.
- Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by
Registry policies and any pertinent rules or policies that exist now or
in the future and which are posted on the Registry website.
Registration policies of the Registry and the terms and conditions
applicable to your .eu registration may be found at: http://www.eurid.eu/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_en.pdf.
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.
- 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.
- .fr Domains. In the case of a ".fr" registration, the following terms and conditions will apply:
- 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.
- 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.
- 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: http://www.afnic.fr/obtenir/chartes/nommage-fr.
- 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.
- .it Domains. In the case of a "it" registration, the following terms and conditions shall apply:
- 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.
- Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by
Registry policies and any pertinent rules or policies that exist now or
in the future and which are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation. Additional policies, including transfer
procedures and "netiquette" rules may be found at http://www.nic.it/NA/index-engl.html.
- .nl Domains. In the case of a ".nl" registration, the following terms and conditions shall apply:
- 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.
- Registry Policies. You agree to be bound by the policies of the
Registry including but not limited to the Registry's Registration
Regulations. English language translations of the Registry's documents
are provided for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,17,,,,Rules.html.
You agree that, if the registration or reservation of your domain name
is challenged by a third party, you will be subject to the provisions
specified by the Registry or any court of law. The current .nl dispute
resolution policy and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms
and conditions specified by the Registry or any court of law.
- .tv Domains. In the case of a ".tv" registration, the following terms and conditions will apply:
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
Registrar, you agree to be bound by the Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.
- Policy. You agree that your registration of the .tv domain name
shall be subject to suspension, cancellation, or transfer pursuant to
any ICANN or government adopted policy, or pursuant to any Registrar or
registry procedure not inconsistent with an ICANN or government-adopted
policy, (1) to correct mistakes by us or the applicable Registry in
registering the name or (2) for the resolution of disputes concerning
the domain name. You acknowledge that you have reviewed the .tv General
Terms of Service which may be found at http://www.verisign.com/information-services/naming-services/cctlds/page_042130.html" and expressly agree to the terms outlined therein.
- .uk Domains. In the case of a .uk registration, the following terms and conditions will apply:
- "Nominet UK" means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
- Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy which is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/. Please take the time to familiarize yourself with this policy.
Nominet UK Policy. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to
any Nominet UK-adopted policy, term or condition, or pursuant to any
registrar or registry procedure not inconsistent with an Nominet
UK-adopted policy, (1) to correct mistakes by a registrar or the
registry in registering the name, or (2) for the resolution of disputes
concerning the domain name. The current Nominet UK terms and conditions
can be found at: http://www.nominet.org.uk/disputes/terms/
When you submit a request for a domain name registration with Tucows
and/or Reseller, you will be entering into two contracts � one contract
with Tucows and/or Reseller and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf by
submitting your application to Nominet for you, however, you will still
be entering into a direct contract between you and Nominet UK. This is
a separate contract from this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by accepting
Nominet's terms and conditions you are consenting to Nominet using your
personal data for a variety of reasons. In particular, your name and
address may be published as part of Nominet's Whois look-up service.
- 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.
- .us Domains. In the case of a ".us" registration, the following terms and conditions will apply:
- "DOC" means the United States of America Department of Commerce.
- ".us Nexus Requirement". Only those individuals or organizations
that have a substantive lawful connection in the United States are
permitted to register for .usTLD domain names. Registrants in the
.usTLD must satisfy the nexus requirement ("Nexus" or "Nexus
Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
- 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.
- 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.
- Domain Name Disputes. You acknowledge having read and understood
and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement: (A)
The Nexus Dispute Policy ("Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity
to challenge a registration not complying with the Nexus Requirements.
(B) The usTLD Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an opportunity
to challenge a registration based on alleged trademark infringement.
(C) In addition to the foregoing, you agree that, for the adjudication
of disputes concerning or arising from use of the Registered Name, you
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (i) of your domicile,
(ii) where Tucows is located, and (iii) the United States.
- Policy. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, the DOC or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with a
DOC or government-adopted policy, (1) to correct mistakes by us or the
applicable Registry in registering the name or (2) for the resolution
of disputes concerning the domain name. The Registry Operator's
policies can be found at http://www.neustar.us/policies.
- Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.
- 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;
- In addition to the foregoing, you will be required to provide
additional Nexus Information. The Nexus Information requirements are
set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through
your Reseller.
- 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.
- .asia Domains. In the case of a .asia registration, the following terms apply:
- The Registered Name Holder/Registrant consents to the use, copying,
distribution, publication, modification and other processing of its
Personal Data by DotAsia Organisation Limited and its designees and
agents in a manner consistent with the purposes specified pursuant to
the Registry-Registrar Agreement and with relevant mandatory local data
protection, laws and privacy.
- The Registered Name Holder/Registrant agrees to correct and update
the registration information for the Registered Name immediately during
the registration term for the Registered Name.
- In addition to the complying with the Registrar's policies, the
Registered Name Holder/Registrant* agrees to comply with those ICANN
requirements, standards, policies, procedures, and practices for which
the Registry Operator DotAsia Organisation Limited has monitoring
responsibility in accordance with the Registry Agreement or with other
arrangements with ICANN.
- The Registered Name Holder/Registrant agrees to comply with all the
operational standards, policies, procedures, and practices for the
.ASIA Registry as established from time to time in a non-arbitrary
manner by DotAsia Organisation Limited (".ASIA Registry Policies"). The
Registered Name Holder/Registrant acknowledges that .ASIA Registry
Policies are applicable to all registrars and/or registered name
holders/registrants. Any changes of the .ASIA Registry Policies by the
DotAsia Organisation Limited that are consistent with the Registry
Agreement shall be effective upon thirty (30) days' notice by DotAsia
Organisation Limited to Registrar. The Registered Name
Holder/Registrant further agrees to be bound by the terms and
conditions as set down by DotAsia Organisation Limited during the
initial launch and the general operations of the .ASIA TLD, including
without limitation its Start-Up Policies where such terms and
conditions include the submission to a binding arbitration for disputes
arising from the Start-Up process or any allocation of domain names.
- The Registered Name Holder/Registrant agrees to submit to
proceedings commenced under ICANN's Uniform Domain Name Dispute
Resolution Policy ("UDRP") and to proceedings commenced under ICANN's
Charter Eligibility Dispute Resolution Policy ("CEDRP"). The Registered
Name Holder/Registrant agrees to submit to proceedings commenced under
other dispute resolution policies as set forth by DotAsia Organisation
Limited from time to time in the Registry Policies, including but not
limited to expedited processes for suspension of a domain name by
claims sought by intellectual property right holders, Internet
engineering and security experts or other competent claimants in the
purpose of upholding the stability, security and integrity of the .ASIA
Registry.
- The Registered Name Holder/Registrant acknowledges and agrees to
comply with the .ASIA Charter Eligibility Requirement. The Registered
Name Holder/Registrant* acting as Registrant Contact represents and
warrants that it has made known to the Charter Eligibility Declaration
Contact (the "CED Contact"), and the CED Contact has agreed, that the
Registrant Contact and the CED Contact will jointly be defined as the
Registered Name Holder, and that it shall be jointly responsible for
the Registered Name in the event of a dispute or a challenge over the
Registered Name Holder/Registrant's* legal entitlement to or the
ownership of the Registered Name. The CED Contact shall be bound by the
provisions in the DotAsia Organisation Limited's .ASIA Charter
Eligibility Requirement Policy published from time to time. Registered
Name Holder/Registrant acting as Registrant Contact agrees that it has
obtained an agreement from the CED Contact that the Registrant Contact
shall remain the Operating Contact for all operations of the domain,
including but not limited to domain transfer and updates.
- The Registered Name Holder/Registrant agrees to indemnify, to the
maximum extent permitted by law, defend and hold harmless the Registry
Operator DotAsia Organisation Limited and its directors, officers,
employees and agents from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses, arising out of or relating to the Registered Name Holder's
domain name registration and or use. Notwithstanding the other
provisions in this Agreement, the Registered Name Holder agrees that
this indemnification obligation shall survive the termination or
expiration of this registration agreement.
- The Registered Name Holder/Registrant acknowledges and agrees that
DotAsia Organisation Limited and Registry Services Provider, acting in
consent with DotAsia Organisation Limited, reserves the right to deny,
cancel or transfer any registration that it deems necessary, in its
sole discretion (i) to protect the integrity security, and stability of
the registry; (ii) to comply with all appropriate laws, government
rules or requirements, requests of law enforcement, in compliance with
any dispute resolution process; (iii) to avoid any liability, civil or
criminal, on the part of DotAsia Organisation Limited as well as its
affiliates, subsidiaries, officers, directors, representatives,
employees, and stockholders; (iv) for violations of the terms and
conditions herein: or (v) to correct mistakes made by DotAsia
Organisation Limited, the Registry Services Provider or any registrar
in connection with a domain name registration. DotAsia Organisation
Limited also reserves the right to freeze a Registered Name such as
placing a domain name on hold, lock, or other status during the
resolution of a dispute.
- Notwithstanding anything in this Agreement to the contrary, DotAsia
Organisation Limited, the Registry Operator of the .ASIA TLD, is and
shall be an intended third party beneficiary of this Agreement. As
such, the parties to this Agreement acknowledge and agree that the
third party beneficiary rights of DotAsia Organisation Limited have
vested and that it has relied on its third party beneficiary rights
under this Agreement in agreeing to Tucows being a registrar for the
.ASIA TLD. Additionally, the third party beneficiary rights of DotAsia
Organisation Limited shall survive any termination or expiration of
this Agreement.
- The Registered Name Holder/Registrant acknowledges that in the
event of conflict between this section of the Agreement and other
sections of the same, this section shall prevail.
- .li Domains. In the case of a .li registration, the following terms and conditions shall apply:
- 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.
- 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.
- .me Domains. In the case of a .me registration, the following terms and conditions shall apply:
- Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by
Registry policies and any pertinent rules or policies that exist now or
in the future and which are posted on the Registry website at http://www.nic.me/index.php?page=25.
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.
- 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 .me Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at http://www.nic.me/index.php?page=25. Please take the time to familiarize yourself with this policy.
- .tel Domains. In the case of a .tel registration, the following terms and conditions shall apply:
- 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://telnic.com/downloads/AUP.pdf.
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.
- .mobi Domains. In the case of a .mobi registration, the following terms and conditions shall apply:
- 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://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.
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.
- WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy Service:
- Subscribers to the Whois Privacy Service have elected to include
the following information in the publicly available Whois Registry:
- 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.
- 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.
- 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.
- 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.
- We will send all obligatory renewal and transfer related messages to the Contacts you have designated.
- 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.
- Right to Suspend and Disable. We shall have the right, at our sole
discretion and without liability to you or any of your Contacts,
suspend or cancel your domain name and to reveal Registrant and Contact
Whois Information in certain circumstances, including but not limited
to the following: (i) when required by law; (ii) in the good faith
belief that disclosure is necessary to further determination of an
alleged breach of a law; (iii) to comply with a legal process served
upon Tucows; (iv) to resolve any and all third party claims including
but not limited to ICANN's or a Registry's dispute resolution policy;
(v) to avoid financial loss or legal liability (v) to avoid financial
loss or legal liability; (vi) if we believe that you or one of your
Contacts is using the Whois Privacy Service to conceal involvement with
illegal, illicit, objectionable or harmful activities; or (vii) to
transmit SPAM, viruses, worms or other harmful computer programs.
- 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.