|
Exhibit A
Registration Agreement
1. IN THIS REGISTRATION AGREEMENT ("Agreement"), Registrant,
"you" and "your" refers to the Registrant of each domain
name registration, "we", us" and "our" refers
to Tucows.com Co., and Services refers to the domain name registration
services provided by us as offered through _____________________________________,
the Registration Service Provider (Reseller). Any reference to
a registry, Registry or Registry Operator
shall refer to the registry administrator of the applicable TLD or ccTLD.
This Agreement explains our obligations to you, and explains your obligations
to us for the Services. By agreeing to the terms and conditions set forth
in this Agreement, you are also agreeing to be bound by the rules and regulations
set forth by a registry for that particular registry only.
2. SELECTION
OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee that
you will obtain a desired domain name registration, even if an inquiry indicates
that a domain name is available at the time of your application for same.
You represent that, to the best of the your knowledge and belief, neither
the registration of the domain name nor the manner in which it is directly
or indirectly to be used, infringes upon the legal rights of a third party
and further, that the domain name is not being registered for nor shall it
at any time whatsoever be used for any unlawful purpose. During the period
following registration of a domain name and the appointment of active name
servers, we may post a stagnant web page and any revenues generated from same
shall be for our own account.
3. FEES. As consideration
for the Services, you agree to pay Reseller the applicable service(s) fees
prior to the effectiveness of a desired domain name registration or any renewal
thereof. All fees payable hereunder are non-refundable even if your domain
name registration is suspended, cancelled or transferred prior to the end
of your current registration term. As further consideration for the Services,
you agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process, and (2) maintain and update
this information as needed to keep it current, complete and accurate. All
such information shall be referred to as account information ("Account
Information"). You represent that the Account Information and all other
statements put forth in your application are true, complete and accurate.
Both Tucows and each registry reserves the right to terminate your domain
name registration if: (i) information provided by you or your agent is false,
inaccurate, incomplete, unreliable, misleading or otherwise secretive; or
(ii) you have failed to maintain, update and keep your Account Information
true, current, complete, accurate and reliable. You acknowledge that a breach
of this Section 3 will constitute a material breach of our Agreement, which
will entitle either us or a registry to terminate this Agreement immediately
upon such breach without any refund and without notice to you.
4. TERM. This
Agreement will remain in effect during the term of your domain name registration
as selected, recorded and paid for at the time of registration or any renewal
thereof. Should the domain name be transferred to another registrar, the terms
and conditions of this Agreement shall cease.
5. MODIFICATIONS
TO AGREEMENT. You acknowledge that the practice of registering and administering
domain names is constantly evolving; therefore, you agree that Tucows may
modify this Agreement, or any other related and/or applicable agreement, as
is necessary to comply with its agreements with ICANN, a registry or any other
entity or individual, as well as to adjust to changing circumstances. All
amendments to this Agreement will be posted on our website. Your continued
use of the domain name registered to you will constitute your acceptance of
this Agreement with any revisions. If you do not agree to any change, you
may request that your domain name registration be cancelled or transferred
to a different accredited registrar. You agree that such cancellation or request
for transfer will be your exclusive remedy if you do not wish to abide by
any change to this Agreement, or any other related and/or applicable agreement.
6. MODIFICATIONS
TO YOUR ACCOUNT. In order to change any of your account information with us,
you must use the Account Identifier and Password that you selected when you
opened your account with us. You agree to safeguard your Account Identifier
and Password from any unauthorized use. In no event shall we be liable for
the unauthorized use or misuse of your Account Identifier or Password.
7. NO GUARANTY.
You acknowledge that registration or reservation of your chosen domain name
does not confer immunity from objection to the registration, reservation or
use of the domain name.
8. DOMAIN NAME
DISPUTES. You agree that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject to the provisions
specified in the dispute policy adopted by the applicable registry. You agree
that in the event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions contained
in the applicable policy. If Tucows is notified that a complaint has been
filed with a judicial or administrative body regarding your domain name, Tucows
may, at its sole discretion, suspend your ability to use your domain name
or to make modifications to your registration records until (i) Tucows is
directed to do so by the judicial or administrative body, or (ii) Tucows receives
notification by you and the other party contesting your domain that the dispute
has been settled. Furthermore, you agree that if you are subject to litigation
regarding your registration or use of your domain name, Tucows may deposit
control of your registration record into the registry of the judicial body
by supplying a party with a registrar certificate from us.
9. POLICY. You
agree that your registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to a Tucows, registry, ICANN or government-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with a Tucows, registry, ICANN or government-adopted policy, (1) to correct
mistakes by us or a registry in registering the name or (2) for the resolution
of disputes concerning the domain name.
10. AGENCY. Should
you intend to license use of a domain name to a third party you shall nonetheless
be the domain name holder of record and are therefore responsible for providing
your own full contact information and for providing and updating accurate
technical and administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain name.
You shall accept liability for harm caused by wrongful use of the domain name.
You represent that you will secure the agreement of any third party to the
terms and conditions in this Agreement
11. ANNOUNCEMENTS.
We reserve the right to distribute information to you that is pertinent to
the quality or operation of our services and those of our service partners.
These announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to
add security or to enhance your identity on the Internet.
12. LIMITATION
OF LIABILITY. You agree that our entire liability, and your exclusive remedy,
with respect to any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid for the initial
registration of your domain name. Tucows and its directors, employees, affiliates,
subsidiaries, agents and third party providers, ICANN and the applicable registries
shall not be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services or
for the cost of procurement of substitute services. Because some states do
not allow the exclusion or limitation of liability for consequential or incidental
damages, in such states, our liability is limited to the extent permitted
by law. We disclaim any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6)
loss or liability resulting from the interruption of your Service. You agree
that we will not be liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits) regardless of
the form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages.
13. INDEMNITY.
You agree to release, indemnify, and hold Tucows, its contractors, agents,
employees, officers, directors and affiliates, ICANN, the applicable registries
and their respective directors, officers, employees, agents and affiliates
harmless from all liabilities, claims and expenses, including attorney's fees,
of third parties arising out of or relating to the registration or use of
the domain name registered in your name, whether used by yourself, licensed
to a third party or pursuant to the Whois Privacy Service, including without
limitation infringement by you or a third party with access to your Account
Identifier and Password. You also agree to release, indemnify and hold us
harmless pursuant to the terms and conditions contained in the applicable
Dispute Policy. When we are threatened with suit by a third party, we may
seek written assurances from you concerning your promise to indemnify us;
your failure to provide those assurances may be considered by us to be a breach
of your Agreement and may result in the suspension or cancellation of your
domain name. This indemnification obligation will survive the termination
or expiration of this Agreement.
14. TRANSFER
OF OWNERSHIP. The person named as Registrant on the Whois shall be the registered
name holder. The person named as administrative contact at the time the controlling
account identifier and password are secured shall be deemed the designate
of the Registrant with the authority to manage the domain name. You agree
that prior to transferring ownership of your domain name to another person
(the Transferee") you shall require the Transferee to agree, in
writing to be bound by all the terms and conditions of this Agreement. If
the Transferee fails to be bound in a reasonable fashion (as determine by
us in our sole discretion) to the terms and conditions in this Agreement,
any such transfer will be null and void.
15. RENEWALS
AND FORFEITURE. Domain names are registered for a finite period of time. You
will receive reminders immediately prior to the expiration of your registration
inviting you to renew your domain name. In the event that you fail to renew
your domain name in a timely fashion, your registration will expire and we
may, at our discretion, elect to assume the registration and may hold it for
our own account, delete it or we may sell it to a third party. You acknowledge
and agree that your right and interest in a domain name ceases upon its expiration
and that any expired domain name may be made available for registration by
a third party.
If you fail to
renew your registration, your domain name may cease to resolve and visitors
to your site may be redirected to a default page informing them that the site
is no longer in service. This parked or default page may feature advertisements
posted by us for our own account.
If we have elected
to renew the registration, you will be entitled to a grace period during which
you may re-register the domain name from us. Additional costs may apply. During
this grace period, we may post a parked page and/or may revise the Whois
registration records to include either our information or that of your Reseller.
The domain name may also be listed for auction. If the name is sold during
any such auction, it will be acquired by a third party on a provisional basis
and will remain available for re-registration by you during our stated grace
period. If you do not re-register the domain name during the grace period,
the auction sale will be concluded.
If you fail to
renew your domain name registration during the grace period, you acknowledge
that you have abandoned the domain name and that it is available for sale
and registration by any third party.
16. BREACH. You
agree that failure to abide by any provision of this Agreement, any operating
rule or policy or the Dispute Policy provided by us, may be considered by
us to be a material breach and that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar days of the date of such
notice, you fail to provide evidence, which is reasonably satisfactory to
us, that you have not breached your obligations under the Agreement, then
we may delete the registration or reservation of your domain name. Any such
breach by you shall not be deemed to be excused simply because we did not
act earlier in response to that, or any other breach by you.
17. DISCLAIMER
OF WARRANTIES. You agree that your use of our Services is solely at your own
risk. You agree that such Service(s) is provided on an "as is,"
"as available" basis. We expressly disclaim all warranties of any
kind, whether express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Services will meet your requirements, or that
the Service(s) will be uninterrupted, timely, secure, or error free; nor do
we make any warranty as to the results that may be obtained from the use of
the Service(s) or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded or otherwise
obtained through the use of Service is done at your own discretion and risk
and that you will be solely responsible for any damage to your computer system
or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained
through the Service or any transactions entered into through the Service.
No advice or information, whether oral or written, obtained by you from us
or through the Service shall create any warranty not expressly made herein.
18. INFORMATION.
As part of the registration process, you are required to provide us certain
information and to update us promptly as such information changes such that
our records are current, complete and accurate. You are obliged to provide
us the following information:
(a) your name and postal address (or, if different, that of the domain name
holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
(d) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name; and
(e) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the technical contact for the domain name.
Any voluntary information we request is collected in order that we can continue
to improve the products and services offered to you through your Reseller.
19. DISCLOSURE
AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will
make domain name registration information you provide available to ICANN,
to the registry administrators, law enforcement agencies and to other third
parties as applicable. You further agree and acknowledge that we may make
publicly available, or directly available to third party vendors, some or
all, of the domain name registration information you provide, for purposes
of inspection (such as through our Whois service) or other purposes as required
or permitted by ICANN and applicable laws.
(a) You hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided by you
in connection with the registration of a domain name (including any updates
to such information), whether during or after the term of your registration
of the domain name. You hereby irrevocably waive any and all claims and causes
of action you may have arising from such disclosure or use of your domain
name registration information by us.
(b) You may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your Reseller.
(c) We will not process or maintain data about any identified or identifiable
natural person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
(d) We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized disclosure, alteration or destruction
of that information.
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information provided to
us, or any failure to respond to inquiries by us addressed to the email address
of the registrant, the administrative, billing or technical contact appearing
in the Whois directory with respect to a domain name concerning the accuracy
of contact details associated with the registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the domain name
registration. Any information collected by us concerning an identified or
identifiable natural person (Personal Data) will be used in connection
with the registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by ICANN or an applicable registry
policy.
21. REVOCATION.
We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer
or modify any domain name registration to correct a mistake, protect the integrity
and stability of the company and any applicable registry, to comply with any
applicable laws, government rules, or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability,
civil or criminal. You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register or cancel, suspend, transfer
or modify your domain name registration.
22. INCONSISTENCIES
WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent
with any term, condition, policy or procedure of an applicable registry, the
term, condition, policy or procedure of the applicable registry shall prevail.
23. NON-WAIVER.
Our failure to require performance by you of any provision hereof shall not
affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken or
held to be a waiver of the provision itself.
24. NOTICES.
Any notice, direction or other communication given under this Agreement shall
be in writing and given by sending it via e-mail or via regular mail. In the
case of e-mail, valid notice shall only have been deemed to be given when
an electronic confirmation of delivery has been obtained by the sender. E-mail
notification to Tucows must be sent to lhutz@tucows.com. Any notice to you
will be sent to the e-mail address provided by you in your Whois record. Any
e-mail communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is a business day and
such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed
to have been delivered on the next business day. In the case of regular mail
notice, valid notice shall be deemed to have been validly and effectively
given five (5) business days after the date of mailing Postal notices to Tucows
shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case
of notification to you shall be sent to the address specified in the Administrative
Contact in your Whois record.
25. ENTIRETY.
You agree that this Agreement, the applicable dispute policy and the rules
and policies published by Tucows and any applicable registry or other governing
authority, are the complete and exclusive agreement between you and us regarding
our Services.
26. GOVERNING
LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE
WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE
THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING
TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO
THE JURISDICTION OF SUCH COURTS.
27. INFANCY.
You attest that you are of legal age to enter into this Agreement.
28. FORCE MAJEURE.
You acknowledge and agree that neither we nor the applicable registry shall
be responsible for any failures or delays in performing our respective obligations
hereunder arising from any cause beyond our reasonable control, including
but not limited to, acts of God, acts of civil or military authority, fires,
wars, riots, earthquakes, storms, typhoons and floods.
29. PRIVACY.
Information collected about you is subject to the terms of Tucows privacy
policy, the terms of which are hereby incorporated by reference. Tucows
privacy policy can be found at: http://www.tucows.com/privacy.html
30. CONTROLLING
LANGUAGE. In the event that you are reading this Agreement in a language other
than the English language, you acknowledge and agree that the English language
version hereof shall prevail in case of inconsistency or contradiction in
interpretation or translation.
31. TLDS.
The following additional provisions apply to any domain names that you register
through Tucows with the various registries:
(a) .com/net Domains: In the case of a .com or .net
registration, the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy (UDRP) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies
are subject to modification;
(ii) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrants
domicile, and (2) where Tucows is located, presently Toronto, Ontario.
(b) .org Domains: In the case of a .org registration, the following
terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Dom ain Dispute Policy (UDRP) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification;
(ii) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrants
domicile, and (2) where Tucows is located, presently Toronto, Ontario.
(c) .info Domains: In the case of a .info registration, the following
terms and conditions will apply:
(i) Registrants Personal Data. You consent to the use, copying, distribution,
publication, modification, and other processing of Registrants personal
data by Afilias, the .INFO registry, and its designees and agents, in a manner
consistent with the purposes specified pursuant to its contract;
(ii) Submission to UDRP. Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Dispute Policy (UDRP) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification;
(iii) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrants
domicile, and (2) where Tucows is located, presently Toronto, Ontario;
(iv) Reservation of Rights. Tucows and Afilias expressly reserve the right
to deny, cancel, transfer, or modify any registration that either registrar
or Afilias deems necessary, at its discretion, to protect the integrity and
stability of the registry, to comply with any applicable law, any government
rule or requirement, any request of law enforcement, any dispute resolution
process, or to avoid any liability, civil or criminal, on the part of the
registrar and/or Afilias, as well as their affiliates, subsidiaries, executives,
directors, officers, managers, employees, consultants, and agents. The registrar
and Afilias also reserve the right to suspend a domain name or its registration
data during resolution of a dispute.
(d) .biz Domains. In the case of a .biz registration, the following
terms and conditions will apply:
(i) .biz Restrictions. Registrations in the .biz top-level domain must be
used or intended to be used primarily for bona fide business or commercial
purposes. For the purposes of the .biz registration restrictions, bona
fide business or commercial use shall mean the bona fide use or bona
fide intent to use the domain name or any content, software, materials, graphics
or other information thereon, to permit Internet users to access one or more
host computers through the DNS:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods, services, information or property
of any kind; or (ii) the ordinary course of trade or business.
For more information on the .biz restrictions, which are incorporated herein
by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(ii) Selection of a Domain Name. You represent that:
(A) the data provided in the domain name registration application is true,
correct, up to date and complete, and that you will continue to keep all of
the information provided correct, up-to-date and complete;
(B) to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party;
(C) that the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(D) the registered domain name will be used primarily for bona fide business
or commercial purposes and not (a) exclusively for personal use, or (b) solely
for the purposes of (1) selling, trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or lease the domain name for
compensation;
(E) you have the authority to enter into this Registration Agreement; and
(F) the registered domain name is reasonably related to your business or intended
commercial purpose at the time of registration.
(iii) Provision of Registration Data. As part of the registration process,
you are required to provide us with certain information and to keep the information
true, current, complete, and accurate at all times. The information includes
the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation;
(G) the IP addresses of the primary nameserver and any secondary nameserver
for the domain name;
(H) the corresponding names of the primary and secondary nameservers;
(I) the full name, postal address, e-mail address, voice telephone number,
and, when available, fax number of the administrative, technical, and billing
contacts, and the name holder for the domain name; and
(J) any remark concerning the domain name that should appear in the Whois
directory.
(K) You agree and understand that the foregoing registration data will be
publicly available and accessible on the Whois directory as required by ICANN
and/or registry policies, and may be sold in bulk in accordance with the ICANN
agreement.
(iv) Domain Name Disputes. You acknowledge having read and understood and
agree to be bound by the terms and conditions of the following documents,
as they may be amended from time to time, which are hereby incorporated and
made an integral part of this Agreement:
(A) The Uniform Domain Name Dispute Resolution Policy (Dispute Policy),
available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules (RDRP),
available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the Dispute Policies).
(v) The Dispute Policy sets forth the terms and conditions in connection with
a dispute between a Registrant and any party other than the Registry or Registrar
over the registration and use of an Internet domain name registered by Registrant.
(vi) The RDRP sets forth the terms under which any allegation that a domain
name is not used primarily for business or commercial purposes shall be endorsed
on a case-by-case, fact specific basis by an independent ICANN-accredited
dispute provider.
(vii) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrants
domicile, and (2) where Tucows is located, presently Toronto, Ontario.
(e) .name Domains. In the case of a .name registration, the following
terms and conditions will apply:
(i) .name Restrictions. Registrations in the .name top-level domain must constitute
an individuals Personal Name. For purposes of the .name
restrictions (the Restrictions), a Personal Name is
a persons legal name, or a name by which the person is commonly known.
A name by which a person is commonly known includes, without limitation,
a pseudonym used by an author or painter, or a stage name used by a singer
or actor.
(ii) .name Representations. As a .name domain name registrant, you hereby
represent that:
(A) the registered domain name or second level domain (SLD) e-mail
address is your Personal Name.
(B) the data provided in the domain name registration application is true,
correct, up to date and complete and that you will continue to keep all of
the information provided correct, current and complete,
(C) to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party;
(D) that the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(E) the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this Registration Agreement.
(iii) E-mail Forwarding Services. The Services for which you have registered
may, at your option, include e-mail forwarding. To the extent you opt to use
e-mail forwarding, you are obliged to do so in accordance with all applicable
legislation and are responsible for all use of e-mail forwarding, including
the content of messages sent through e-mail forwarding.
You undertake
to familiarize yourself with the content of and to comply with the generally
accepted rules for Internet and e-mail usage. This includes, but is not limited
to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to the foregoing,
you undertake not to use e-mail forwarding:
(A) to encourage, allow or participate in any form of illegal or unsuitable
activity, including but not restricted to the exchange of threatening, obscene
or offensive messages, spreading computer viruses, breach of copyright and/or
proprietary rights or publishing defamatory material;
(B) to gain illegal access to systems or networks by unauthorized access to
or use of the data in systems or networks, including all attempts at guessing
passwords, checking or testing the vulnerability of a system or network or
breaching the security or access control without the sufficient approval of
the owner of the system or network;
(C) to interrupt data traffic to other users, servers or networks, including,
but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks,
wilful attempts to overload another system or other forms of harassment; or
(D) for spamming, which includes, but is not restricted to, the mass mailing
of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists)
which include persons who have not specifically given their consent to be
placed on such distribution list. Users are not permitted to provide false
names or in any other way to pose as somebody else when using e-mail forwarding.
(iv) Registry reserves the right to implement additional anti-spam measures,
to block spam or mail from systems with a history of abuse from entering Registrys
e-mail forwarding. However, due to the nature of such systems, which actively
block messages, Registry shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or us to give feedback
on the decision.
(v) You understand and agree that Registry may delete material that does not
conform to clause (c) above or that in some other way constitutes a misuse
of e-mail forwarding. You further understand and agree that Registry is at
liberty to block your access to e-mail forwarding if you use e-mail forwarding
in a way that contravenes this Agreement. You will be given prior warning
of discontinuation of the e-mail forwarding unless it would damage the reputation
of Registry or jeopardize the security of Registry or others to do so. Registry
reserves the right to immediately discontinue e-mail forwarding without notice
if the technical stability of e-mail forwarding is threatened in any way,
or if you are in breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward unsent e-mail
to you or a third party.
(vi) You understand and agree that to the extent either we and/or Registry
is required by law to disclose certain information or material in connection
with your e-mail forwarding, either we and/or Registry will do so in accordance
with such requirement and without notice to you.
(vii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the dispute policy that is incorporated herein and made
a part of this Agreement by reference. You hereby acknowledge that you have
read and understood and agree to be bound by the terms and conditions of the
following documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement.
(A) the Eligibility Requirements (the Eligibility Requirements),
available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy (the ERDRP),
available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the UDRP),
available at: http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD e-mail addresses will be granted on a first-come, first-served
basis. The following categories of Personal Name Registrations may be registered:
(i) the Personal Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service make rights in that characters
Personal Name; (iii) in addition to a Personal Name registration, you may
add numeric characters to the beginning or the end of the Personal Name so
as to differentiate it from other Personal Names.
(ix) The ERDRP applies to challenges to (i) registered domain names and SLD
e-mail address registrations within .name on the grounds that a Registrant
does not meet the Eligibility Requirements, and (ii) to Defensive Registrations
(as defined by the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than the Registry or Tucows over the
registration and use of an Internet domain name registered by a Registrant.
(xi) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrants
domicile, and (2) where Tucows is located, presently Toronto, Ontario.
32. ccTLDS
(a) .at Domains. In the case of a .at registration, the following
terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registrys site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation.
(b) .be Domains. In the case of a .be registration, the following
terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.dns.be/en/home.php?n=51.
You are responsible for monitoring the Registrys site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the .be Dispute Policy that is incorporated herein and
made a part of this Agreement by reference. The current version of the Dispute
Policy may be found at http://www.dns.be/en/home.php?n=53.
(c) .ca Domains. In the case of a .ca registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy, which is incorporated herein and
made a part of this Agreement by reference. The current version of the Dispute
Policy may be found at http://www.cira.ca/en/cat_Dpr.html. Please take the
time to familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with a Registry adopted policy, (1) to correct mistakes by
Tucows or the Registry in registering the name or (2) for the resolution of
disputes concerning the domain name.
(iii) Transfer of Ownership. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with registry policies and
procedures.
(iv) Registry Agreement and Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by
the Registrys Registrant Agreement, the Registrys 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 Registrys site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry agreement or policy, your sole remedy is to cancel your domain
name registration by following the appropriate Registry policy regarding such
cancellation.
(v) You acknowledge and agree that the Registry shall not be liable to you
for any loss, damage, or expense arising out of the Registrys failure
or refusal to register a domain name, its failure or refusal to renew
a domain name registration, its registration of a domain name, its
failure or refusal to renew a domain name registration, its renewal
of a domain name registration, its failure or refusal to transfer a
domain name registration, its transfer of a domain name registration,
its failure or refusal to maintain or modify a domain name registration,
its maintenance of a domain name registration, its modification
of a domain name registration, its failure to cancel a domain name registration
or its cancellation of a domain name registration from the Registry;
(d) .cc Domains. In the case of a .cc registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute
Policy may be found at http://www.nic.cc/policies/dispute.html. Please take
the time to familiarize yourself with this policy.
(ii) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registrys site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation.
(e) .ch Domains. In the case of a .ch registration, the following
terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.switch.ch/id/terms. You are
responsible for monitoring the Registrys site on a regular basis. In
the event that you do not wish to be bound by a revision or modification to
any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the .ch Dispute Policy that is incorporated herein and
made a part of this Agreement by reference. The current version of the Dispute
Policy may be found at http://www.switch.ch/id/disputes/rules. Please take
the time to familiarize yourself with this policy.
(f) .cn Domains. In the case of a .cn registration, the following
terms and conditions shall apply:
(i) Registry means the China Internet Network Information Center,
which is the authority responsible for the administration of the national
top-level domain of the Peoples Republic of China and the Chinese domain
name system;
(ii) Registry Gateway means the service provided by the Registry
Operator that facilitates the registration of .cn domain names by registrars
operating outside of the Peoples Republic of China;
(iii) Registry Operator means Neustar, Inc., the company authorized
to facilitate the registration of .cn domain names by registrars operating
outside of the Peoples Republic of China.
(iv) Restrictions. You agree that you shall not register or use a domain name
that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the Constitution of the
Peoples Republic of China (PRC);
(B) jeopardize national security, leak state secrets, intend to overturn the
government or disrupt the integrity of the PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different nationalities
or disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social stability of the
PRC;
(F) spread pornography, obscenity, gambling, violence, homicide, terror or
instigate crimes in the PRC;
(G) insult, libel against others and infringe other peoples legal rights
and interests in the PRC; or
(H) take any other action prohibited in laws, rules and administrative regulations
of the PRC.
(v) Business or Organization Representation. .cn domain name registrations
are intended for businesses and organizations and not for individual use.
By registering a .cn name, you accordingly represent that you have registered
the domain name on behalf or a business or organization. It should be noted
that, although .cn policy is permissive in terms of registration, and enforcement
is generally in reaction to a complaint (as opposed to proactive review),
registrations that are not associated with an organization or business may
be subject to deletion. The foregoing prevents an individual from registering
a .cn domain name for a business operating as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and understood and
agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute
Policy & Rules for CNNIC Dispute Resolution Policy (Dispute Policy),
as they may be amended from time to time, which are hereby incorporated and
made an integral part of this Agreement. The Dispute Policy is currently found
at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute Policy, Registrars must
comply with all reasonable requests from the applicable domain name dispute
resolution institutions including the provision of all relevant evidence in
any domain name disputes in the specified time frames.
(viii) If we are notified that a complaint has been filed with a judicial
or administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record without
our prior approval. We may not allow you to make changes to such domain name
record until (i) we are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the other party contesting
your registration and use of our domain name registration services that the
dispute has been settled. Furthermore, you agree that if you are subject to
litigation regarding your registration and use of our domain name registration
services, we may deposit control of your domain name record into the registry
of the judicial body by supplying a party with a registrar certificate from
us.
(ix) Adherence to Policies. You agree to comply with all applicable laws,
regulations and policies of the Peoples Republic of Chinas governmental
agencies and the China Internet Network Information Centre (CNNIC),
including but not limited to the following rules and regulations:
(A) Provisional Administrative Rules for Registration of Domain Names in China
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain Names in China
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and agree to be bound by
the terms and conditions of the policies of the CNNIC, as they may be amended
from time to time.
(x) Suspension and Cancellation. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to
any Tucows, Registry Operator, CNNIC or government-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering the name, (2) for
the resolution of disputes concerning the domain name, (3) to protect the
integrity and stability of the registry, (4) to comply with any applicable
laws, government rules or requirements, requests of aw enforcement, (5) to
avoid any liability, civil or criminal, on the part of Tucows, Registry Operator
or CNNIC, as well as their affiliates, subsidiaries, directors, representatives,
employees and stockholders or (6) for violations of this Agreement. Tucows,
Registry Operator and CNNIC also reserve the right to freeze a
domain name during the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrants domicile, (2) where Tucows is located,
and (3) the Peoples Republic of China.
(xii) Governing Law. For the adjudication of a dispute concerning or arising
from use of a .cn domain, such dispute will be governed under the Laws of
the Peoples Republic of China.
(g) .de Domains. In the case of a .de registration, the following
terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registrys Terms and Conditions
and the Registrys Guidelines and have provided your Reseller with written
confirmation of same;you have reviewed and have accepted the Registrys
Terms and Conditions and the Registrys Guidelines and have provided
your Reseller with written confirmation of same;
(B) either you, or the person designated as the administrative contact for
the domain name, shall be resident or shall have a branch in Germany;
(C) to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party and, further, that the
domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever.
(ii) Domain Name Disputes. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to
the provisions specified by the Registry or any court of law. You agree that
in the event a domain name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions specified by the
Registry or any court of law.
(iii) Registry Policies. You agree to be bound by the Registrys Registration
Terms and Conditions and the Registration Guidelines. English language translations
of the Registrys documents are provided for convenience; in the event
of a discrepancy between the English and the German language agreements, the
terms of the German agreement will prevail. The Registry documents may be
found at:
English: (A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration
Guidelines
http://www.denic.de/en/richtlinien.html
German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(h) .eu domains. In the case of a .eu registration, the following
terms and conditions will apply:
(i) Eligibility Criteria. .eu domain names are available for registration
to companies and persons who fulfill the following criteria. As a condition
of registration, you accordingly represent that you are:
(A) an undertaking having its registered office, central administration or
principal place of business within the European Community;
(B) an organization established within the European Community without prejudice
to the application of national law, or
(C) a natural person resident within the European Community.
(ii) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website. Registration policies of the Registry
and the terms and conditions applicable to your .eu registration may be found
at: http://www.eurid.eu/en/general/launch. You are responsible for monitoring
the Registrys site on a regular basis. In the event that you do not
wish to be bound by a revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
(iii) Domain Name Disputes. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to
the provisions specified by the Registry or any court of law.
(i) .fr Domains. In the case of a .fr registration, the following
terms and conditions will apply:
(i) Representation of Registrant. .fr domain names are available for registration
to companies and persons who fulfill the following criteria. As a condition
of registration, you accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in France; (or),
(II) which possess an address in France which is expressly listed in the public
electronic databases of the registrars of the commercial courts or the National
Statistical and Economic Studies Institute (INSEE), (or),
(III) State institutions or departments, local authorities or associated establishments,
(or),
(IV) which own a trademark registered with the National Intellectual Property
Institute or own a registered EU or international trademark which expressly
includes French territory.
(ii) Administrative Contact. Each registrant must designate an administrative
contact to act as a coordinator between the registrant and the Registry. In
the case of .fr registrations, the administrative contact must be based in
France where it can receive legal and other documents.
(iii) Registry Policies. You agree to be bound by the Registrys Naming
Charter, its registration rules for .fr. English language translations of
the Registrys documents are provided for convenience. The Registry documents
may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) Domain Name Disputes. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to
the provisions specified by the Registry or any court of law. The current
.fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl.
You agree that in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and conditions
specified by the Registry or any court of law.
(j) .it Domains. In the case of a it registration, the following
terms and conditions shall apply:
(i) Registration Criteria. Registration of an .it name is restricted to subjects
belonging to a member state of the European Union. Individuals and associations
operating without a VAT number or a fiscal code are limited to a single domain
name registration.
(ii) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registrys site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation.
Additional policies, including transfer procedures and netiquette
rules may be found at http://www.nic.it/NA/index-engl.html.
(k) .nl Domains. In the case of a .nl registration, the following
terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl domain name is unrestricted
save and except that applicants who are not based in the Netherlands or who
do not have a registered address in the Netherlands must provide an address
in the Netherlands where written documents can be sent to the applicant and
where legal summonses can be served.
(ii) Registry Policies. You agree to be bound by the policies of the Registry
including but not limited to the Registrys Registration Regulations.
English language translations of the Registrys documents are provided
for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions specified
by the Registry or any court of law. The current .nl dispute resolution policy
and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_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.
(l) .tv Domains. In the case of a .tv registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another Registrar, you
agree to be bound by the Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute
Policy may be found at http://www.icann.org/dndr/udrp/policy.htm. Please take
the time to familiarize yourself with this policy.
(ii) Policy . You agree that your registration of the .tv domain name shall
be subject to suspension, cancellation, or transfer pursuant to any ICANN
or government adopted policy, or pursuant to any Registrar or registry procedure
not inconsistent with an ICANN or government-adopted policy, (1) to correct
mistakes by us or the applicable Registry in registering the name or (2) for
the resolution of disputes concerning the domain name. You acknowledge that
you have reviewed the .tv General Terms of Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree
to the terms outlined therein.
(m) .uk Domains. In the case of a .uk registration, the following terms and
conditions will apply:
(i) Nominet UK means the entity granted the exclusive right to
administer the registry for .uk domain name registrations.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy which is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute
Policy may be found at: http://www.nominet.org.uk/disputes/. Please take the
time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any
Nominet UK-adopted policy, term or condition, or pursuant to any registrar
or registry procedure not inconsistent with an Nominet UK-adopted policy,
(1) to correct mistakes by a registrar or the registry in registering the
name, or (2) for the resolution of disputes concerning the domain name. The
current Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit
a request for a domain name registration with Tucows and/or Reseller, you
will be entering into two contracts one contract with Tucows and/or
Reseller and one contract with Nominet UK.
Tucows and your
Reseller will act as agents on your behalf by submitting your application
to Nominet for you, however, you will still be entering into a direct contract
between you and Nominet UK. This is a separate contract from this agreement;
may be found at http://resellers.tucows.com/contracts/uk/ukterms. Tucows and
Reseller must also make you aware that by accepting Nominets 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 Nominets Whois look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with Nominet UK policies and
procedures.
(n) .us Domains. In the case of a .us registration, the following
terms and conditions will apply:
(i) DOC means the United States of America Department of Commerce.
(ii) .us Nexus Requirement. Only those individuals or organizations
that have a substantive lawful connection in the United States are permitted
to register for .usTLD domain names. Registrants in the .usTLD must satisfy
the nexus requirement (Nexus or Nexus Requirements)
set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and represent that:
(A) You have and shall continue to have, a bona fide presence in the United
States on the basis of real and substantial lawful contacts with, or lawful
activities in, the United States as defined in Section (ii) hereinabove;
(B) The listed name servers are located within the United States;
(C) The data provided in the domain name registration application is true,
correct, up to date and complete, and that you will continue to keep all of
the information provided correct, up-to-date and complete;
(D) To the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party;
(E) That the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(E) You have the authority to enter into this Registration Agreement.
(iv) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy and the usDRP, as defined below, that
is incorporated herein and made a part of this Agreement by reference. Please
take the time to familiarize yourself with these policies.
(v) Domain Name Disputes. You acknowledge having read and understood and agree
to be bound by the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby incorporated and made an
integral part of this Agreement:
(A) The Nexus Dispute Policy (Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity to
challenge a registration not complying with the Nexus Requirements.
(B) The usTLD Dispute Resolution Policy (usDRP) available at:
http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is intended to provide
interested parties with an opportunity to challenge a registration based on
alleged trademark infringement.
(C) In addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you shall
submit, without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (i) of your domicile, (ii) where Tucows is
located, and (iii) the United States.
(vi) Policy. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry
Operator, the DOC or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a DOC or government-adopted policy,
(1) to correct mistakes by us or the applicable Registry in registering the
name or (2) for the resolution of disputes concerning the domain name. The
Registry Operators policies can be found at http://www.neustar.us/policies.
(vii) Indemnity. The DOC shall be added to the parties you have agreed to
indemnify in Section 13 hereinabove.
(viii) Information. As part of the registration process, you are required
to provide us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate. You are
obliged to provide us the following information:
(A) Your full name, postal address, e-mail address and telephone number and
fax number (if available) (or, if different, that of the domain name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone number and fax
number (if available) telephone numbers of the administrative contact, the
technical contact and the billing contact for the domain name;
(D) The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name;
(ix) In addition to the foregoing, you will be required to provide additional
Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information,
which we request from you at registration, is voluntary. Any voluntary information
we request is collected for the purpose of improving the products and services
offered to you through your Reseller.
(x) Disclosure and Use of the Registration Information. You agree and acknowledge
that we will make domain name registration information you provide available
to the DOC, to the Registry Operator, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly available, or
directly available to third party vendors, some, or all, of the domain name
registration information you provide, for purposes of inspection (such as
through our Whois service) or other purposes as required or permitted by the
DOC and applicable laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such disclosure or use
of your domain name registration information by us.
You may access
your domain name registration information in our possession to review, modify
or update such information, by accessing our domain manager service, or similar
service, made available by us through your Reseller.
We will not process
data about any identified or identifiable natural person that we obtain from
you in a way incompatible with the purposes and other limitations which we
describe in this Agreement.
We will take
reasonable precautions to protect the information we obtain from you from
our loss, misuse, unauthorized accessor disclosure, alteration or destruction
of that information.
33. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if
you subscribe to the Whois Privacy Service:
(a) Subscribers to the Whois Privacy Service have elected to include the following
information in the publicly available Whois Registry:
(i) Contactprivacy.com shall appear as the Registrant and Contacts name(s);
(ii) Tucows postal address and a Tucows assigned email address and telephone
number shall appear on behalf of the Registrant and the Contact(s);
(iii) The primary and secondary nameservers shall be those designated by the
Registrant;
(iv) The original date of registration and the expiration of each domain name;
(v) Tucows will be identified as the registrar of record.
(b) You understand and agree that the Registrant and Contact Information that
you have provided will be kept on file. You further agree and warrant that
you will ensure that the Whois Information is true, accurate and up to date.
(c) You will will retain complete control over the domain name and its registration
records and may suspend and reinstate the Whois Privacy Service at your discretion.
(d) The Whois Privacy Service may be used with both new and existing domain
name registrations. You may use the Whois Privacy Service with respect to
a domain name that has been transferred but it will only commence after the
transfer has been completed. If you wish to transfer the domain name to a
different registrar,the Whois Privacy Service must be disabled in order to
initiate the transfer.
(e) We will send all obligatory renewal and transfer related messages to the
Contacts you have designated.
(f) Communications Forwarding. Communications received with respect to a particular
domain name registration will be handled as follows:
(i) We will forward to you or a Contact all correspondence received by registered
mail or traceable courier. This information may be opened, scanned and emailed
to you or your Contact.. Regular postal mail will be discarded or returned
to sender at our discretion.
(ii) Email correspondence will be forwarded according to the instructions
of the Registrant as they appear in our records.
(iii) A voice mail message will advise all callers that inbound messages will
not be accepted; calls will be directed to the contactprivacy.com web site
where written messages will be forwarded according to your instructions.
(iv) We will only be responsible for forwarding communications where our details
have appeared in the whois and when your Whois Information is accurate, complete
and up to date.
(g) Right to Suspend and Disable. We shall have the right, at our sole discretion
and without liability to you or any of your Contacts, suspend or cancel your
domain name and to reveal Registrant and Contact Whois Information in certain
circumstances, including but not limited to the following:
(i) when required by law;
(ii) in the good faith belief that disclosure is necessary to further determination
of an alleged breach of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including but not limited to
ICANNs or a Registrys dispute resolution policy;
(v) to avoid financial loss or legal liability
(v) to avoid financial loss or legal liability
(vi) if we believe that you or one of your Contacts is using the Whois Privacy
Service to conceal involvement with illegal, illicit, objectionable or harmful
activities; or
(vii) to transmit SPAM, viruses, worms or other harmful computer programs.
(h) You understand and agree that, in the event that we receive a formal complaint,
notice of claim or UDRP, that we will have the right to disable the Whois
Privacy Service pending final disposition of the matter.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
|
|
|