.info
agreement
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.org Agreement
SCHEDULE
A - .info Domain
Form
of Registration Agreement
1.
AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the
registrant of each domain name registration, "we",
us" and "our" refer to TUCOWS
Inc. and Services refers to the domain
name registration provided by us as offered through
OSM Graphics (RSP). This Agreement explains
our obligations to you, and explains your obligations
to us for various Services. If you are registering
your name during the finite period of time when owners
of trademarks and service marks issued prior to October
2, 2000 and having national effect will have the exclusive
opportunity to register identical domain names (Sunrise
Period), you agree to comply with the procedures,
terms and obligations. You acknowledge and agree that
registrations for domain names during the Sunrise
Period will only be accepted for a minimum registration
term of five (5) years.
2.
SELECTION OF A DOMAIN NAME. You represent that, 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.
3.
FEES. As consideration for the Services you have selected,
you agree to pay the RSP the applicable service 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.
4.
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.
5.
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
will which shall be effective immediately upon posting
on our web site or upon notification to you by e-mail
or your countrys 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. If you have registered
your name during the Sunrise Period, you agree to
be bound by the Sunrise Dispute Resolution Policy
(Sunrise Dispute Policy) found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform
Dispute Resolution Policy (Dispute Policy)
as presently written and posted on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. 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.
6.
MODIFICATIONS TO YOUR ACCOUNT. 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.
7.
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 Policies that are incorporated
herein and made a part of this Agreement by reference.
The current version of the general registration Dispute
Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with
this policy.
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 Sunrise Dispute Policy or the Dispute
Policy, as applicable. 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 Sunrise
Dispute Policy or Dispute Policy, as applicable.
9.
POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation,
or transfer pursuant to a Tucows, Registry Operator,
ICANN or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent
with a Tucows, Registry Operator, ICANN or government-adopted
policy, (1) to correct mistakes by us or the 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 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.
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 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.
13.
INDEMNITY. You agree to release, indemnify, and hold
us, our 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.
14.
TRANSFER OF OWNERSHIP. The person named as registrant
at the time the user name and password are secured
shall be the owner of 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 will 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.
15.
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.
16.
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.
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:
(i)
Your name and postal address (or, if different, that
of the domain name holder);
(ii)
The domain name being registered;
(iii)
The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the administrative
contact for the domain name;
(iv)
The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the billing
contact for the domain name.
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.
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, 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.
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.
20.
REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly
to update information provided to us, or your failure
to respond for over fifteen (15) calendar days to
inquiries by us concerning the accuracy of contact
details associated with the your registration shall
constitute a material breach of this Agreement and
be a basis for cancellation of the domain name registration.
21.
RIGHT OF REFUSAL. We, 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 within a thirty (30) day period 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 any dispute.
22.
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.
23.
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.
24.
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.
25.
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 have been 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:
Our
Address:
TUCOWS
Inc.
96
Mowat Avenue
Toronto,
Ontario
M6K
3M1
Attention:
Legal Affairs
and
in the case of notification to you shall be to the
address specified in the Administrative Contact
in your WHOIS record.
26.
ENTIRETY. You agree that this Agreement, the rules
and policies published by us 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.
27.
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.
28.
INFANCY. You attest that you are of legal age to enter
into this Agreement.
29.
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.