 |
  |
 |
| |
|
If you register or
renew a domain with us, or associate a domain
with your hosting account, or otherwise obtain
domain services from or through us, you and your
domain services will be subject to (i) the
following domain policy, and (ii) the terms of
the Domain Registration Agreement set forth
below. See copy of the Tucows Registration
Agreement set forth below. Please note that such
agreement will apply to your domain services
irrespective of whether your registrar is Tucows
or another domain registrar, provided that in
the event of any conflict between the Tucows
domain registration agreement and that of your
domain registrar, the terms of the agreement of
your registrar will take precedence.
- Upon a Customer's request, and subject
to these terms and conditions,
AccountSupport will attempt to register a
domain name, or renew the registration of an
existing domain name, on behalf of the
Customer with any domain name registrar that
AccountSupport, in its sole discretion,
elects to employ for such registration or
renewal (the "Chosen Registrar").
AccountSupport reserves the right to refuse
any request for registration or renewal of a
domain name.
- When registering a new domain name, or
if your domain name is already registered
with AccountSupport's domain registrar, we
will attempt to enroll your domain in our
Automated Domain Renewal Service.
Through this service, AccountSupport will
attempt to automatically initiate the
renewal of any domain name you register
through AccountSupport. The renewal will be
initiated 15 days before a domain's
expiration date. Of course, you can opt out
of the Automated Domain Renewal Service
PRIOR to the the initiated renewal period,
15 days before the domain's expiration date.
You may opt out of our Automated Domain
Renewal Service through Domain Central.
While participating in the Automated Domain
Renewal Service, you agree to be bound by
the policies associated with this service.
In the event of conflict between those
policies and rules and this Agreement, this
Agreement will control.
- The registration or renewal of any
domain name by AccountSupport on behalf of a
Customer is subject to, and contingent upon,
(i) the Customer providing all information
needed to complete such registration, (ii)
the availability of the domain name, (iii)
the domain name not being in violation of
any applicable law, rule, statute or
regulation, (iv) the domain name not being
in violation of any policy of the Chosen
Registrar, (v) any fees or costs for such
domain name registration being paid in
advance by the Customer and (vi) the
Customer's continued compliance with any and
all AccountSupport Terms of Service and the
AUP.
- Once a domain name has been registered
or renewed through AccountSupport, no
refunds will be given for the domain
registration or renewal fee.
- The Customer has full ownership rights
over any domain name registered or renewed
through AccountSupport, where the domain
registration fees have been paid in full by
the Customer. In the event of fraud or
failure to pay fees, AccountSupport will
retain possession of the domain name. In
addition, if we receive a credit card
charge-back for a domain registered with us,
AccountSupport will take ownership of the
domain name(s) registered.
- AccountSupport is not responsible for
maintaining the registrant information for
domain names. The domain owner can modify
all this information using our control
panel, by contacting our Support Team or
contacting the Chosen Registrar. The
Customer agrees to continually update all
information required by the Chosen
Registrar. Updating your information with
AccountSupport does not automatically update
it with the Chosen Registrar.
- AccountSupport is not responsible for
any domain name's availability. The Customer
waives any and all claims against
AccountSupport for, and hereby releases
AccountSupport from, any loss, damage,
liability, cost or expense arising out of,
or relating to, the registration or release
of a domain name.
- The Customer acknowledges and
understands that any and all domain name
registrations and renewals are subject to
the terms, conditions, rules, regulations,
applicable law and policies of ICANN
(Internet Corporation for Assigned Names and
Numbers). In addition, any and all domain
name registrations and renewals are subject
to the terms and conditions of the Chosen
Registrar, which can be found on the Web
Site of such Chosen Registrar. Upon request,
AccountSupport will provide the Customer
with the name of the Chosen Registrar.
- The Customer understands and accepts
that a request for a domain name
registration or renewal is no guarantee that
the Customer will receive the domain name
that has been requested. The Customer
understands, accepts and appreciates the
risks associated with circumstances and
vulnerabilities generally affecting the
Internet and e-commerce in general. The
Customer waives any and all claims it may
have against AccountSupport for, and hereby
releases AccountSupport from, any loss,
damage, liability, cost or expense arising
out of, or relating to, the registration or
release of a domain name in such
circumstances.
- AccountSupport is not liable for domain
disputes that may arise over changed
registrant information for a domain name.
- AccountSupport is not responsible for
resolving any domain disputes. These issues
must be resolved by the parties involved,
according to the legal bounds of ICANN, the
domain name governing body. AccountSupport
will not act as an arbitrator, but will
honor any ICANN decisions.
- If we are unable to secure payment
before the domain renewal date, the domain
name will expire.
- Forty (40) days after a domain renewal
date, a domain name will be released by the
Registrar and made available to the general
public for re-registration.
- After a domain has expired, we will,
upon a Customer's request, put in a request
with our Registrar to renew and reactivate
the domain name if all registration fees are
paid (including any extra fees required to
pull a domain name out of its redemption
period). This process is normally complete
within four (4) days.
- If we receive a dispute of payment, a
chargeback or a request for a refund from
your credit card AccountSupport for a
renewed domain name, AccountSupport will
take over the ownership of the domain name
in question.
- The Customer agrees that any and all
information provided in connection with any
domain renewal request shall be true and
correct in all respects. In connection with
any such request, AccountSupport assumes
responsibility only for processing such
renewal request with the Chosen Registrar.
AccountSupport disclaims any and all
responsibility to verify any information
provided in connection with the request and
shall have no responsibility or liability
for any loss, delay, inconvenience,
interruption in service, service error or
loss of data.
- AccountSupport bears no responsibility
or obligation to notify Customer of any
approaching domain name expiration dates.
The Customer agrees to bear complete
responsibility for such deadlines.
- If a Customer requests a domain name
registration or renewal that requires a
transfer from one registrar or reseller to
another, the Customer is solely and
completely responsible for compliance with
any registrar or reseller terms, conditions,
procedures and/or policies in connection
with the request. AccountSupport shall have
no liability or responsibility resulting
from a delay, inconvenience or expiration of
a domain name as a consequence of the
Customer's failure to comply with such
terms, conditions, procedures and/or
policies.
- While AccountSupport will assist you in
any way reasonable, we are not responsible
for ensuring your domain name is transferred
to our servers. During the domain transfer
process, Customer is responsible for making
any necessary domain name server changes and
ensuring the transfer is implemented
correctly.
- 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.
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
AccountSupport, 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. TLD'S. The following additional
provisions apply to any domain names that you
register through Tucows with the various
registries:
|
(a) |
.com/net Domains: In the case of a
".com" or ".net" registration, the
following terms and conditions will
apply: |
| |
| (i) |
Submission to
UDRP. Registrant agrees to
submit to proceedings under
ICANN's Uniform Domain Dispute
Policy ("UDRP") (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 Registrant's domicile,
and (2) where Tucows is located,
presently Toronto, Ontario. |
|
|
(b) |
.org
Domains: In the case of a ".org"
registration, the following terms and
conditions will apply: |
| |
| (i) |
Submission to
UDRP. Registrant agrees to
submit to proceedings under
ICANN's Uniform 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 Registrant's domicile,
and (2) where Tucows is located,
presently Toronto, Ontario. |
|
|
(c) |
.info
Domains: In the case of a ".info"
registration, the following terms and
conditions will apply: |
| |
| (i) |
Registrant's
Personal Data. You consent to
the use, copying, distribution,
publication, modification, and
other processing of Registrant's
personal data by Afilias, the
.INFO registry, and its
designees and agents, in a
manner consistent with the
purposes specified pursuant to
its contract; |
| (ii) |
Submission to
UDRP. Registrant agrees to
submit to proceedings under
ICANN's Uniform Domain Dispute
Policy ("UDRP") (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 Registrant's domicile,
and (2) where Tucows is located,
presently Toronto, Ontario; |
| (iv) |
Reservation of
Rights. Tucows and Afilias
expressly reserve the right to
deny, cancel, transfer, or
modify any registration that
either registrar or Afilias
deems necessary, at its
discretion, to protect the
integrity and stability of the
registry, to comply with any
applicable law, any government
rule or requirement, any request
of law enforcement, any dispute
resolution process, or to avoid
any liability, civil or
criminal, on the part of the
registrar and/or Afilias, as
well as their affiliates,
subsidiaries, executives,
directors, officers, managers,
employees, consultants, and
agents. The registrar and
Afilias also reserve the right
to suspend a domain name or its
registration data during
resolution of a dispute. |
|
|
(d) |
.biz
Domains. In the case of a ".biz"
registration, the following terms and
conditions will apply: |
| |
| (i) |
.biz
Restrictions. Registrations in
the .biz top-level domain must
be used or intended to be used
primarily for bona fide business
or commercial purposes. For the
purposes of the .biz
registration restrictions, "bona
fide business or commercial use"
shall mean the bona fide use or
bona fide intent to use the
domain name or any content,
software, materials, graphics or
other information thereon, to
permit Internet users to access
one or more host computers
through the DNS: |
| |
|
(A) |
to
exchange goods,
services, or property of
any kind; |
|
(B) |
in the
ordinary course of
business; or |
|
(C) |
to
facilitate (i) the
exchange of goods,
services, information or
property of any kind; or
(ii) the ordinary course
of trade or business. |
|
| |
For more
information on the .biz
restrictions, which are
incorporated herein by
reference, please see:
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: |
| |
|
| |
(collectively,
the "Dispute Policies"). |
| (v) |
The Dispute
Policy sets forth the terms and
conditions in connection with a
dispute between a Registrant and
any party other than the
Registry or Registrar over the
registration and use of an
Internet domain name registered
by Registrant. |
| (vi) |
The RDRP sets
forth the terms under which any
allegation that a domain name is
not used primarily for business
or commercial purposes shall be
endorsed on a case-by-case, fact
specific basis by an independent
ICANN-accredited dispute
provider. |
|
(vii) |
For the
adjudication of disputes
concerning or arising from use
of the domain name, the
Registrant shall submit, without
prejudice to other potentially
applicable jurisdictions, to the
jurisdiction of the courts (1)
of the Registrant's domicile,
and (2) where Tucows is located,
presently Toronto, Ontario. |
|
|
(e) |
.name
Domains. In the case of a ".name"
registration, the following terms and
conditions will apply: |
| |
| (i) |
.name
Restrictions. Registrations in
the .name top-level domain must
constitute an individual's
"Personal Name". For purposes of
the .name restrictions (the
"Restrictions"), a "Personal
Name" is a person's legal name,
or a name by which the person is
commonly known. A "name by which
a person is commonly known"
includes, without limitation, a
pseudonym used by an author or
painter, or a stage name used by
a singer or actor. |
| (ii) |
.name
Representations. As a .name
domain name registrant, you
hereby represent that: |
| |
|
(A) |
the
registered domain name
or second level domain
("SLD") e-mail address
is your Personal Name. |
|
(B) |
the
data provided in the
domain name registration
application is true,
correct, up to date and
complete and that you
will continue to keep
all of the information
provided correct,
current and complete, |
|
(C) |
to the
best of the your
knowledge and belief,
neither this
registration of a domain
name nor the manner in
which it is directly or
indirectly to be used
infringes upon the legal
rights of a third party; |
|
(D) |
that
the domain name is not
being registered for nor
shall it at any time
whatsoever be used for
any unlawful purpose
whatsoever; |
|
(E) |
the
registration satisfies
the Eligibility
Requirements found at:
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 Registry's e-mail
forwarding. However, due to the
nature of such systems, which
actively block messages,
Registry shall make public any
decision to implement such
systems a reasonable time in
advance, so as to allow you or
us to give feedback on the
decision. |
| (v) |
You understand
and agree that Registry may
delete material that does not
conform to clause (c) above or
that in some other way
constitutes a misuse of e-mail
forwarding. You further
understand and agree that
Registry is at liberty to block
your access to e-mail forwarding
if you use e-mail forwarding in
a way that contravenes this
Agreement. You will be given
prior warning of discontinuation
of the e-mail forwarding unless
it would damage the reputation
of Registry or jeopardize the
security of Registry or others
to do so. Registry reserves the
right to immediately discontinue
e-mail forwarding without notice
if the technical stability of
e-mail forwarding is threatened
in any way, or if you are in
breach of this Agreement. On
discontinuing e-mail forwarding,
Registry is not obliged to store
any contents or to forward
unsent e-mail to you or a third
party. |
| (vi) |
You understand
and agree that to the extent
either we and/or Registry is
required by law to disclose
certain information or material
in connection with your e-mail
forwarding, either we and/or
Registry will do so in
accordance with such requirement
and without notice to you. |
|
(vii) |
Domain Name
Dispute Policy. If you reserved
or registered a domain name
through us, or transferred a
domain name to us from another
registrar, you agree to be bound
by the dispute policy that is
incorporated herein and made a
part of this Agreement by
reference. You hereby
acknowledge that you have read
and understood and agree to be
bound by the terms and
conditions of the following
documents, as they may be
amended from time to time, which
are hereby incorporated and made
an integral part of this
Agreement. |
| |
|
|
(viii) |
The Eligibility
Requirements dictate that
Personal Name domain names and
Personal Name SLD e-mail
addresses will be granted on a
first-come, first-served basis.
The following categories of
Personal Name Registrations may
be registered: (i) the Personal
Name of an individual; (ii) the
Personal Name of a fictional
character, if you have trademark
or service make rights in that
character's Personal Name; (iii)
in addition to a Personal Name
registration, you may add
numeric characters to the
beginning or the end of the
Personal Name so as to
differentiate it from other
Personal Names. |
| (ix) |
The ERDRP
applies to challenges to (i)
registered domain names and SLD
e-mail address registrations
within .name on the grounds that
a Registrant does not meet the
Eligibility Requirements, and
(ii) to Defensive Registrations
(as defined by the Registry)
within .name. |
| (x) |
The UDRP sets
forth the terms and conditions
in connection with a dispute
between a Registrant and party
other than the Registry or
Tucows over the registration and
use of an Internet domain name
registered by a Registrant. |
| (xi) |
For the
adjudication of disputes
concerning or arising from use
of the domain name, the
Registrant shall submit, without
prejudice to other potentially
applicable jurisdictions, to the
jurisdiction of the courts (1)
of the Registrant's domicile,
and (2) where Tucows is located,
presently Toronto, Ontario. |
|
32. ccTLD'S
|
(a) |
.at
Domains. In the case of a ".at"
registration, the following terms and
conditions will apply: |
| |
| (i) |
Registry
Policy. You acknowledge and
understand that by accepting the
terms and conditions of this
agreement you shall be bound by
Registry policies and any
pertinent rules or policies that
exist now or in the future and
which are posted on the Registry
website at
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. |
|
|
(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 Registry's site
on a regular basis. In the event
that you do not wish to be bound
by a revision or modification to
any Registry policy, your sole
remedy is to cancel your domain
name registration by following
the appropriate Registry policy
regarding such cancellation. |
| (ii) |
Domain Name
Dispute Policy. If you reserved
or registered a domain name
through us, or transferred a
domain name to us from another
registrar, you agree to be bound
by the .be Dispute Policy that
is incorporated herein and made
a part of this Agreement by
reference. The current version
of the Dispute Policy may be
found at
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 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. |
| (v) |
You acknowledge
and agree that the Registry
shall not be liable to you for
any loss, damage, or expense
arising out of the Registry's
failure or refusal to register a
domain name, it's failure or
refusal to renew a domain name
registration, it's registration
of a domain name, it's failure
or refusal to renew a domain
name registration, it's renewal
of a domain name registration,
it's failure or refusal to
transfer a domain name
registration, it's transfer of a
domain name registration, it's
failure or refusal to maintain
or modify a domain name
registration, it's maintenance
of a domain name registration,
it's modification of a domain
name registration, it's failure
to cancel a domain name
registration or it's
cancellation of a domain name
registration from the Registry; |
|
|
(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 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.
|
|
|
(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 Registry's site
on a regular basis. In the event
that you do not wish to be bound
by a revision or modification to
any Registry policy, your sole
remedy is to cancel your domain
name registration by following
the appropriate Registry policy
regarding such cancellation. |
| (ii) |
Domain Name
Dispute Policy. If you reserved
or registered a domain name
through us, or transferred a
domain name to us from another
registrar, you agree to be bound
by the .ch Dispute Policy that
is incorporated herein and made
a part of this Agreement by
reference. The current version
of the Dispute Policy may be
found at
http://www.switch.ch/id/disputes/rules.
Please take the time to
familiarize yourself with this
policy.
|
|
|
(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 People's
Republic of China and the
Chinese domain name system; |
| (ii) |
"Registry
Gateway" means the service
provided by the Registry
Operator that facilitates the
registration of .cn domain names
by registrars operating outside
of the People's Republic of
China; |
|
(iii) |
"Registry
Operator" means Neustar, Inc.,
the company authorized to
facilitate the registration of
.cn domain names by registrars
operating outside of the
People's Republic of China. |
| (iv) |
Restrictions.
You agree that you shall not
register or use a domain name
that is deemed by CNNIC to: |
| |
|
(A) |
be
against the basic
principles prescribed in
the Constitution of the
Peoples Republic of
China ("PRC"); |
|
(B) |
jeopardize national
security, leak state
secrets, intend to
overturn the government
or disrupt the integrity
of the PRC; |
|
(C) |
harm
national honour and
national interests of
the PRC; |
|
(D) |
instigate hostility or
discrimination between
different nationalities
or disrupt the national
solidarity of the PRC; |
|
(E) |
spread
rumours, disturb public
order or disrupt social
stability of the PRC; |
|
(F) |
spread
pornography, obscenity,
gambling, violence,
homicide, terror or
instigate crimes in the
PRC; |
|
(G) |
insult,
libel against others and
infringe other people's
legal rights and
interests in the PRC; or |
|
(H) |
take
any other action
prohibited in laws,
rules and administrative
regulations of the PRC. |
|
| (v) |
Business or
Organization Representation. .cn
domain name registrations are
intended for businesses and
organizations and not for
individual use. By registering a
.cn name, you accordingly
represent that you have
registered the domain name on
behalf or a business or
organization. It should be noted
that, although .cn policy is
permissive in terms of
registration, and enforcement is
generally in reaction to a
complaint (as opposed to
proactive review), registrations
that are not associated with an
organization or business may be
subject to deletion. The
foregoing prevents an individual
from registering a .cn domain
name for a business operating as
a sole proprietorship. |
| (vi) |
Domain Name
Disputes. You acknowledge having
read and understood and agree to
be bound by the terms and
conditions of the CNNIC Domain
Name Dispute Policy & Rules for
CNNIC Dispute Resolution Policy
("Dispute Policy"), as they may
be amended from time to time,
which are hereby incorporated
and made an integral part of
this Agreement. The Dispute
Policy is currently found at:
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 China's
governmental agencies and the
China Internet Network
Information Centre ("CNNIC"),
including but not limited to the
following rules and regulations: |
| |
|
| |
You acknowledge
that you have read and
understood and agree to be bound
by the terms and conditions of
the policies of the CNNIC, as
they may be amended from time to
time. |
| (x) |
Suspension and
Cancellation. You agree that
your registration of the domain
name shall be subject to
suspension, cancellation, or
transfer pursuant to any Tucows,
Registry Operator, CNNIC or
government-adopted policy, or
pursuant to any registrar or
registry procedure not
inconsistent with a CNNIC or
government-adopted policy, (1)
to correct mistakes by a party
in registering the name, (2) for
the resolution of disputes
concerning the domain name, (3)
to protect the integrity and
stability of the registry, (4)
to comply with any applicable
laws, government rules or
requirements, requests of aw
enforcement, (5) to avoid any
liability, civil or criminal, on
the part of Tucows, Registry
Operator or CNNIC, as well as
their affiliates, subsidiaries,
directors, representatives,
employees and stockholders or
(6) for violations of this
Agreement. Tucows, Registry
Operator and CNNIC also reserve
the right to "freeze" a domain
name during the resolution of a
dispute. |
| (xi) |
Jurisdiction.
For the adjudication of disputes
concerning or arising from use
of the domain name, the
Registrant shall submit, without
prejudice to other potentially
applicable jurisdictions, to the
jurisdiction of the courts (1)
of the Registrant's domicile,
(2) where Tucows is located, and
(3) the People's Republic of
China. |
|
(xii) |
Governing Law.
For the adjudication of a
dispute concerning or arising
from use of a .cn domain, such
dispute will be governed under
the Laws of the Peoples Republic
of China. |
|
|
(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 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. |
|
| (ii) |
Domain Name
Disputes. You agree that, if the
registration or reservation of
your domain name is challenged
by a third party, you will be
subject to the provisions
specified by the Registry or any
court of law. You agree that in
the event a domain name dispute
arises with any third party, you
will indemnify and hold us
harmless pursuant to the terms
and conditions specified by the
Registry or any court of law.
|
|
(iii) |
Registry
Policies. You agree to be bound
by the Registry's Registration
Terms and Conditions and the
Registration Guidelines. English
language translations of the
Registry's documents are
provided for convenience; in the
event of a discrepancy between
the English and the German
language agreements, the terms
of the German agreement will
prevail. The Registry documents
may be found at: |
| |
|
|
|
(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 Registry's site
on a regular basis. In the event
that you do not wish to be bound
by a revision or modification to
any Registry policy, your sole
remedy is to cancel your domain
name registration by following
the appropriate Registry policy
regarding such cancellation. |
|
(iii) |
Domain Name
Disputes. You agree that, if the
registration or reservation of
your domain name is challenged
by a third party, you will be
subject to the provisions
specified by the Registry or any
court of law. |
|
|
(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 Registry's Naming
Charter, its registration rules
for .fr. English language
translations of the Registry's
documents are provided for
convenience. The Registry
documents may be found at:
www.afnic.fr/obtenir/chartes/nommage-fr. |
| (iv) |
Domain Name
Disputes. You agree that, if the
registration or reservation of
your domain name is challenged
by a third party, you will be
subject to the provisions
specified by the Registry or any
court of law. The current .fr
dispute resolution policy and
procedures can be found at
http://www.afnic.fr/doc/ref/juridique/parl.
You agree that in the event a
domain name dispute arises with
any third party, you will
indemnify and hold us harmless
pursuant to the terms and
conditions specified by the
Registry or any court of law. |
|
|
(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 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. |
|
|
(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
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,728,2679,,,,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
Nominet's terms and conditions
you are consenting to Nominet
using your personal data for a
variety of reasons. In
particular, your name and
address may be published as part
of Nominet's Whois look-up
service. |
| (iv) |
Transfer of
Ownership. Any transfer of
ownership in and to a domain
name registration shall be
affected in accordance with
Nominet UK policies and
procedures. |
|
|
(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; |
|
(F) |
You
have the authority to
enter into this
Registration Agreement. |
|
|
(iv) |
Domain Name Dispute Policy. If
you reserved or registered a
domain name through us, or
transferred a domain name to us
from another registrar, you
agree to be bound by the Dispute
Policy and the usDRP, as defined
below, that is incorporated
herein and made a part of this
Agreement by reference. Please
take the time to familiarize
yourself with these policies.
|
|
(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 Operator's 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
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. |
|
|
(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.
|
|
|
|
 |
|
 |
|
