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. 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) |
.es domains. In the case of a “.es”
registration, the following terms and conditions will apply: Registry
Policies. |
|
| (i) |
You agree that your reseller and Tucows shall, jointly
and severally be authorized to act in your name before the Registry
in order that we may implement your instructions and accordingly
agree to the terms found in the outlined at
http://resellers.tucows.com/wholesale_services/domain_names/es/ANNEXIII_2006.pdf |
| (ii) |
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 Spanish language agreements, the terms of the Spanish agreement
will prevail. The Registry documents may be found at: |
|
English: |
|
| (A) |
http://resellers.tucows.com/contracts/es/ANNEXIII_2006.pdf | |
|
Spanish: |
|
| (A) |
http://resellers.tucows.com/contracts/es/ANEXOIII_2006.pdf | | |
| (i) |
.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. | |
| (j) |
.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. | |
| (k) |
.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. | |
| (l) |
.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. | |
| (m) |
.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.
| |
| (n) |
.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. | |
| (o) |
.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 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:
| |
