1. AGREEMENT. In this Registration Agreement
("Agreement") "Registrant", "yoü and
"your" refer to the registrant of each domain name
registration, "we", "us" and "our" refer
to TUCOWS Inc., "Registry Operator" refers to Neulevel Inc.,
"DOC" refers to the United States of America Department of
Commerce, and "Services" refers to the domain name
registration provided by us as offered through NETCOM, Inc. ("RSP"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
2. .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
3. SELECTION OF A DOMAIN NAME. You certify and represent that:
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 2 hereinabove.
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;
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;
that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose
whatsoever;
you have the authority to enter into this Registration
Agreement.
4. FEES. As consideration for the Services you have selected,
you agree to pay the RSP the applicable service(s) fees. All fees
payable hereunder are non-refundable. As further consideration for the
Services, you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration process
and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred
to as account information ("Account Information"). By
submitting this Agreement, you represent that the statements in your
Application are true, complete and accurate.
5. TERM. This Agreement shall remain in full force during the
length of the term of your domain name registration(s) as selected,
recorded, and paid for upon registration of the domain name. Should
you choose to renew or otherwise lengthen the term of your domain name
registration, then the term of this Registration Agreement shall be
extended accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall cease.
6. MODIFICATIONS TO AGREEMENT. You agree that we may: (1)
revise the terms and conditions of this Agreement; and (2) change the
services provided under this Agreement. You agree to be bound by any
such revision or change which shall be effective immediately upon
posting on our web site or upon notification to you by e-mail or your
country's postal service pursuant to the Notices section of this
Agreement. You agree to review this Agreement as posted on our web
site periodically to maintain an awareness of any and all such
revisions. If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing us with notice
by e-mail or postal service pursuant to the Notices section of this
Agreement. Notice of your termination shall be effective after
processing by us. You agree that, by continuing the use of Services
following notice of any revision to this Agreement or change in
service(s), you shall be bound by any such revisions and changes. You
acknowledge that if you do not agree to any such modifications, you
may request that your domain name be deleted from the domain name
database. We will not refund any fees paid by you if you terminate
your agreement with us.
7. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own
records appropriate to document and prove the initial registration
date of the domain name. In order to change any of your account
information with us, you must use your Account Identifier and Password
that you selected when you opened your account with us. 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.
8. 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.
9. 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:
The Nexus Dispute Policy ("Dispute Policy),
available at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
The Dispute Policy will provide interested parties with an
opportunity to challenge a registration not complying with the
Nexus Requirements.
The usTLD Dispute Resolution Policy
("usDRP"). The usDRP is intended to provide interested
parties with an opportunity to challenge a registration based on
alleged trademark infringement. 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,
where Tucows is located, and
the United States.
10. 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.
11. 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 have provided notice of the
terms and conditions in this Agreement to a third party licensee and
that the third party agrees to the terms hereof. You acknowledge and
agree that the domain name has not been registered solely for the
purposes of selling, trading or leasing for compensation and will be
used for a business or commercial purpose.
12. 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.
13. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any Services(s)
provided under this Agreement and any breach of this Agreement is
solely limited to the amount you paid for such Service(s). Neither we
nor our contractors or third party beneficiaries shall 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
jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such jurisdictions, 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
miss-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use or misuse of
your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we
will not be liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including lost
profits) regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been advised of
the possibility of such damages. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
14. INDEMNITY. You agree to release, indemnify, and hold us,
the Registry Operator, the DOC, our respective contractors, agents,
employees, officers, directors, affiliates and third party
beneficiaries harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by you, or
someone else using the Service of any intellectual property or other
proprietary right of any person or entity, or from the violation of
any of our operating rules or policy relating to the Service(s)
provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your
failure to provide those assurances shall be a breach of your
Agreement and may result in deactivation of your domain name. This
indemnification obligation will survive the termination or expiration
of this agreement.
15. 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 user name and
password are secured shall be deemed to be 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. Your domain name may not be transferred until we receive
such written assurances or other reasonable assurance that the
Transferee has been bound by the contractual terms of this Agreement
(such reasonable assurance as determined by us in our sole discretion)
along with the applicable transfer fee. If the Transferee fails to be
bound in a reasonable fashion (as determine by us in our sole
discretion) to the terms and conditions in this Agreement, any such
transfer will be null and void. You acknowledge that you will not be
entitled to change registrars during the first sixty (60) days
following the registration of your domain name.
16. BREACH. You agree that failure to abide by any provision of
this Agreement including but not limited to any failure to abide by
the Nexus Requirements, 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 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. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer immunity from
objection to either the registration, reservation, or use of the
domain name.
18. 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. If you license use of
the domain name, you nonetheless agree that you shall accept any and
all liability for any harm caused by said licensed use and suffered by
Tucows, the Registry Operator and/or the DOC. 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.
19. 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:
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);
The domain name being registered;
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;
The IP addresses and names of the primary nameserver
and any secondary nameserver(s) for the domain name;
In addition to the foregoing, you will be required to
provide additional Nexus Information. The Nexus Information
requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration,
is voluntary. Any voluntary information we request is collected
for the purpose of improving the products and services offered to
you through your RSP.
20. DISCLOSURE AND USE OF 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 RSP. We
will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement. We will
take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure,
alteration or destruction of that information.
21. REVOCATION. 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 the DOC or Registry Operator
policy.
22. RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole
discretion, reserve the right to refuse to register or reserve your
chosen domain name or register you for other Services. In the event we
do not register or reserve your domain name or register you for other
Services, or we delete your domain name or other Services within such
thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or
delete your domain name or register you for other Services. We reserve
the right to delete or transfer your domain name following
registration if we believe the registration has been made possible by
a mistake, made either by us or by a third party. We also reserve the
right to suspend a domain name during resolution of a dispute.
23. SEVERABILITY. You agree that the terms of this Agreement
are severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will
remain in full force and effect. 24. NON-AGENCY. Nothing
contained in this Agreement or the Dispute Policies shall be construed
as creating any agency, partnership, or other form of joint enterprise
between the parties.
25. 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.
26. 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 postal service. 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. In the case
of e-mail, notifications must be sent to us at lhutz@tucows.com,
or in the case of notification to you, 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 5 business days after the date of mailing and, in
the case of notification to us or to RSP shall be sent to:
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS
record
27. ENTIRETY. You agree that this Agreement, the rules and
policies published by Tucows, the DOC and/or the Registry Operator and
the Dispute Policy are the complete and exclusive agreement between
you and us regarding our Services. This Agreement and the Dispute
Policy supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
28. 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.
29. INFANCY. You attest that you are of legal age to enter into
this Agreement.
30. 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.
2CO
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