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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.
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. 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. 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. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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 authorities are the
complete and exclusive agreement between you and us regarding our
Services.
25. 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.
26. INFANCY. You attest that you are of legal age to enter
into this Agreement.
27. 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.
28. 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
29. 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.
30. 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 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.
(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:
(A) The Uniform Domain Name Dispute Resolution Policy
("Dispute Policy), available at:
http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
(v) The Dispute Policy sets forth the terms and conditions in
connection with a dispute between a Registrant and any party
other than the Registry or Registrar over the registration and
use of an Internet domain name registered by Registrant.
(vi) The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or
commercial purposes shall be endorsed on a case-by-case, fact
specific basis by an independent ICANN-accredited dispute
provider.
(vii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the 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.
(A) the Eligibility Requirements (the "Eligibility
Requirements"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at:
http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses will be
granted on a first-come, first-served basis. The following
categories of Personal Name Registrations may be registered: (i)
the Personal Name of an individual; (ii) the Personal Name of a
fictional character, if you have trademark or service make
rights in that 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.
31. 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://nic.at/en/agb/ag_agb2003.asp.
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.
(a) .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;
(b) .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.nic.cc. 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.
(c) .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.
(d) .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:
(A) Provisional Administrative Rules for Registration of
Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain
Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently
at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and agree
to be bound by the terms and conditions of the policies of the
CNNIC, as they may be amended from time to time.
(x) Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Tucows, Registry
Operator, CNNIC or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a CNNIC or
government-adopted policy, (1) to correct mistakes by a party in
registering the name, (2) for the resolution of disputes
concerning the domain name, (3) to protect the integrity and
stability of the registry, (4) to comply with any applicable
laws, government rules or requirements, requests of aw
enforcement, (5) to avoid any liability, civil or criminal, on
the part of Tucows, Registry Operator or CNNIC, as well as their
affiliates, subsidiaries, directors, representatives, employees
and stockholders or (6) for violations of this Agreement. Tucows,
Registry Operator and CNNIC also reserve the right to "freeze" a
domain name during the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
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.
(e) .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;
(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:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
11.3. German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(f) .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; or
(B) A natural person:
(I) of French nationality; (or),
(II) of foreign nationality who are domiciled in France;
(or),
(III) who 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.
(i) .it Domains. In the case of an "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.
(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.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.
(g) .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 www.domain-registry.nl/sidn_english/flat/
General/Rules/Regulations.
(iii) 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 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.
(h) .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.
(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk
Domains. In the case of a co.uk, .org.uk, ltd.uk, net.uk,
plc.uk or me.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.nic.uk/DisputeResolution/DrsPolicy/.
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/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
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..
(j) .us Domains. In the case of a ".us" registration,
the following terms and conditions will apply:
(i) "DOC" means the United States of America Department of
Commerce.
(ii) us Nexus Requirement. Only those individuals or
organizations that have a substantive lawful connection in the
United States are permitted to register for .usTLD domain names.
Registrants in the .usTLD must satisfy the nexus requirement
("Nexus" or "Nexus Requirements") set out at:
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and represent
that:
(A) You have and shall continue to have, a bona fide
presence in the United States on the basis of real and
substantial lawful contacts with, or lawful activities in, the
United States as defined in Section (ii) hereinabove;
(B) The listed name servers are located within the United
States;
(C) The data provided in the domain name registration
application is true, correct, up to date and complete, and
that you will continue to keep all of the information provided
correct, up-to-date and complete;
(D) To the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is
directly or indirectly to be used infringes upon the legal
rights of a third party;
(E) That the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose
whatsoever;
(F) You have the authority to enter into this Registration
Agreement.
(iv) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the
Dispute Policy and the usDRP, as defined below, that is
incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with
these policies.
(A) 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:
(B) 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.
(C) 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.
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.
(v) 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.
(vi) Indemnity. The DOC shall be added to the parties you have
agreed to indemnify in Section 13 hereinabove.
(vii) 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;
(E) 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.
(viii) 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.
32. WHOIS PRIVACY SERVICE. The following terms and
conditions will apply if you subscribe to the Whois Privacy
Service:
(a) Subscribers to the Whois Privacy Service have elected to
include the following information in the publicly available
Whois Registry:
(i) Contactprivacy.com shall appear as the Registrant and
Contacts name(s);
(ii) Tucows' postal address and a Tucows assigned email
address and telephone number shall appear on behalf of the
Registrant and the Contact(s);
(iii) The primary and secondary nameservers shall be those
designated by the Registrant;
(iv) The original date of registration and the expiration of
each domain name;
(v) Tucows will be identified as the registrar of record.
(b) You understand and agree that the Registrant and Contact
Information that you have provided will be kept on file. You
further agree and warrant that you will ensure that the Whois
Information is true, accurate and up to date.
(c) You will will retain complete control over the domain name
and its registration records and may suspend and reinstate the
Whois Privacy Service at your discretion.
(d) The Whois Privacy Service may be used with both new and
existing domain name registrations. You may use the Whois
Privacy Service with respect to a domain name that has been
transferred but it will only commence after the transfer has
been completed. If you wish to transfer the domain name to a
different registrar,the Whois Privacy Service must be disabled
in order to initiate the transfer.
(e) We will send all obligatory renewal and transfer related
messages to the Contacts you have designated.
(f) Communications Forwarding. Communications received with
respect to a particular domain name registration will be handled
as follows:
(i) We will forward to you or a Contact all correspondence
received by registered mail or traceable courier. This
information may be opened, scanned and emailed to you or your
Contact.. Regular postal mail will be discarded or returned to
sender at our discretion.
(ii) Email correspondence will be forwarded according to the
instructions of the Registrant as they appear in our records.
(iii) A voice mail message will advise all callers that
inbound messages will not be accepted; calls will be directed
to the contactprivacy.com web site where written messages will
be forwarded according to your instructions.
(iv) We will only be responsible for forwarding communications
where our details have appeared in the whois and when your
Whois Information is accurate, complete and up to date.
(g) Right to Suspend and Disable. We shall have the right, at
our sole discretion and without liability to you or any of your
Contacts, suspend or cancel your domain name and to reveal
Registrant and Contact Whois Information in certain
circumstances, including but not limited to the following:
(i) when required by law;
(ii) in the good faith belief that disclosure is necessary to
further determination of an alleged breach of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including but
not limited to ICANN's or a Registry's dispute resolution
policy;
(v) to avoid financial loss or legal liability;
(vi) if we believe that you or one of your Contacts is using
the Whois Privacy Service to conceal involvement with illegal,
illicit, objectionable or harmful activities; or
(vii) to transmit SPAM, viruses, worms or other harmful
computer programs.
(h) You understand and agree that, in the event that we
receive a formal complaint, notice of claim or UDRP, that we
will have the right to disable the Whois Privacy Service pending
final disposition of the matter.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND
ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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