This Agreement is not kept updated; for the latest version, please visit our storefront at domains.wintegrated.comBy registering a domain with us, you agree with the following:
- 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 WWW Integrated, the
Registration Service Provider ("Reseller"). Any reference to a
"registry," "Registry" or "Registry Operator" shall refer to the
registry administrator of the applicable top-level domain ("TLD"). 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.
- SELECTION
OF A DOMAIN NAME. You acknowledge and agree that we
cannot guarantee that you will obtain a desired domain name, even if an
inquiry indicates that a domain name is available at the time of your
application. You represent that, to the best of the your knowledge and
belief, neither the registration of the domain name nor the manner in
which you intend to use it, infringes upon the legal rights of a third
party and further, that the domain name is not being registered for,
nor shall it at any time whatsoever be used for, any unlawful purpose.
During the period following registration of a domain name and the
appointment of active name servers, we may post a stagnant web page and
any revenues generated from same shall be for our own account.
- 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.
- 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.
- MODIFICATIONS
TO AGREEMENT. You acknowledge that the practice of
registering and administering domain names is constantly evolving;
therefore, you agree that Tucows may modify this Agreement, or any
other related and/or applicable agreement, as is necessary to comply
with its agreements with ICANN, a registry or any other entity or
individual, as well as to adjust to changing circumstances. All
amendments to this Agreement will be posted on our website. Your
continued use of the domain name registered to you will constitute your
acceptance of this Agreement with any revisions. If you do not agree to
any change, you may request that your domain name registration be
cancelled or transferred to a different accredited registrar. You agree
that such cancellation or request for transfer will be your exclusive
remedy if you do not wish to abide by any change to this Agreement, or
any other related and/or applicable agreement.
- 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.
- NO
GUARANTEE. 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- RENEWALS AND FORFEITURE.
Domain names are registered for a finite period of time. You will
receive reminders immediately prior to the expiration of your
registration inviting you to renew your domain name and specifying the
amount of time you have to renew your domain name. In the event that
you fail to renew your domain name in a timely fashion, your
registration will expire and we may, at our discretion, elect to assume
the registration and may hold it for our own account, delete it or we
may sell it to a third party. You acknowledge and agree that your right
and interest in a domain name ceases upon its expiration and that any
expired domain name may be made available for registration by a third
party.
If you fail to renew your registration, your domain
name may cease to resolve and visitors to your site may be redirected
to a default page informing them that the site is no longer in service.
This parked or default page may feature advertisements posted by us for
our own account.
If we, in our sole discretion, have elected
to renew the registration, you will be entitled to a grace period of
thirty-five (35) days during which you may re-register the domain name
from us. Additional costs for the redemption and re-registration will
apply. During this grace period, we may post a parked page and/or may
revise the "Whois" registration records to include either our
information or that of your Reseller. The domain name also may be
listed for auction. If the name is sold during any such auction, it
will be acquired by a third party on a provisional basis and will
remain available for re-registration by you during our stated grace
period. If you do not re-register the domain name during the grace
period, the auction sale will be concluded.
If you fail to
renew your domain name registration during the grace period, you
acknowledge that you have abandoned the domain name and that it is
available for sale and registration by any third party. - 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. - ENTIRETY. You agree that this
Agreement, the applicable dispute policy and the rules and policies
published by Tucows and any applicable registry or other governing
authority, are the complete and exclusive agreement between you and us
regarding our Services.
- 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.
- INFANCY.
You attest that you are of legal age to enter into this Agreement.
- 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.
- 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
- 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.
- TLD'S.
The following additional provisions apply to any domain names that you
register through Tucows with the various registries:
- .com/net Domains: In the case of a ".com" or ".net"
registration, the following terms and conditions will apply:
- 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;
- 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.
- .org Domains: In the case of a ".org"
registration, the following terms and conditions will apply:
- Submission
to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Dom ain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These
policies are subject to modification;
- 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.
- .info Domains: In the case of a ".info"
registration, the following terms and conditions will apply:
- 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;
- 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;
- 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;
- 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.
- .biz Domains. In the case of a ".biz"
registration, the following terms and conditions will apply:
- .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. - 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.
- 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.
- 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").
- 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.
- 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.
- 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.
- .name Domains. In the case of a ".name"
registration, the following terms and conditions will apply:
- .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.
- .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.
- 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. - 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- .at Domains. In the case of a ".at"
registration, the following terms and conditions will apply:
- Registry
Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and
which are posted on the Registry website at
http://www.nic.at/en/service/legal_information/terms_conditions/. You
are responsible for monitoring the Registry's site on a regular basis.
In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
- .be Domains. In the case of a ".be"
registration, the following terms and conditions will apply:
- 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=121.
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. - 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.
- .ca Domains. In the case of a ".ca"
registration, the following terms and conditions will apply:
- 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.
- 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.
- Transfer of Ownership. Any transfer of ownership in and to a
domain name registration shall be affected in accordance with registry
policies and procedures.
- 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.
- 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;
- .cc Domains. In the case of a ".cc"
registration, the following terms and conditions will apply:
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.html.
Please take the time to familiarize yourself with this policy.
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.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 policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
- .ch Domains. In the case of a ".ch"
registration, the following terms and conditions shall apply:
- 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.
- 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.
- .cn Domains. In the case of a ".cn"
registration, the following terms and conditions shall apply:
- "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;
- "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;
- "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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. - 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.
- 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.
- 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.
- .de Domains. In the case of a ".de"
registration, the following terms and conditions will apply:
- Selection
of a Domain Name. You represent that: (A) you have reviewed and have
accepted the Registry's Terms and Conditions and the Registry's
Guidelines and have provided your Reseller with written confirmation of
same;you have reviewed and have accepted the Registry's Terms and
Conditions and the Registry's Guidelines and have provided your
Reseller with written confirmation of same; (B) either you, or the
person designated as the administrative contact for the domain name,
shall be resident or shall have a branch in Germany; (C) to the best of
the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party and, further, that the
domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever.
- 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.
- 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: English: (A)
Registration Terms and Conditions http://www.denic.de/en/bedingungen.html;
(B) Registration Guidelines http://www.denic.de/en/richtlinien.html;
German: (C) DENIC-Registrierungsbedingungen http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html
- .eu domains. In the case of a ".eu"
registration, the following terms and conditions will apply:
- Eligibility
Criteria. .eu domain names are available for registration to companies
and persons who fulfill the following criteria. As a condition of
registration, you accordingly represent that you are: (A) an
undertaking having its registered office, central administration or
principal place of business within the European Community; (B) an
organization established within the European Community without
prejudice to the application of national law, or (C) a natural person
resident within the European Community.
- Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound
by Registry policies and any pertinent rules or policies that exist now
or in the future and which are posted on the Registry website.
Registration policies of the Registry and the terms and conditions
applicable to your .eu registration may be found at: http://www.eurid.eu/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_en.pdf.
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.
- 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.
- .fr Domains. In the case of a ".fr"
registration, the following terms and conditions will apply:
- 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.
- 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.
- 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: http://www.afnic.fr/obtenir/chartes/nommage-fr.
- 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.
- .it Domains. In the case of a "it"
registration, the following terms and conditions shall apply:
- 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.
- 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.
- .nl Domains. In the case of a ".nl"
registration, the following terms and conditions shall apply:
- 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.
- Registry Policies. You agree to be bound by the policies of
the Registry including but not limited to the Registry's Registration
Regulations. English language translations of the Registry's documents
are provided for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,17,,,,Rules.html.
You agree that, if the registration or reservation of your domain name
is challenged by a third party, you will be subject to the provisions
specified by the Registry or any court of law. The current .nl dispute
resolution policy and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms
and conditions specified by the Registry or any court of law.
- .tv Domains. In the case of a ".tv"
registration, the following terms and conditions will apply:
- 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.
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.html"
and expressly agree to the terms outlined therein.
- .uk Domains. In the case of a .uk
registration, the following terms and conditions will apply:
- "Nominet
UK" means the entity granted the exclusive right to administer the
registry for .uk domain name registrations.
- Domain Name Dispute Policy. If you reserved or registered a
domain name through us, or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute Policy which is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/terms/
When you submit a request for a domain name registration with Tucows
and/or Reseller, you will be entering into two contracts Ð 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. - 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.
- .us Domains. In the case of a ".us"
registration, the following terms and conditions will apply:
- "DOC"
means the United States of America Department of Commerce.
- ".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.
- 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.
- 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.
- Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions of the
following documents, as they may be amended from time to time, which
are hereby incorporated and made an integral part of this Agreement:
(A)
The Nexus Dispute Policy ("Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity
to challenge a registration not complying with the Nexus Requirements.
(B) The usTLD Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an opportunity
to challenge a registration based on alleged trademark infringement.
(C) In addition to the foregoing, you agree that, for the adjudication
of disputes concerning or arising from use of the Registered Name, you
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (i) of your domicile,
(ii) where Tucows is located, and (iii) the United States.
- 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.
- Indemnity. The DOC shall be added to the parties you have
agreed to indemnify in Section 13 hereinabove.
- 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;
- 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.
- 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.
- .asia Domains. In the case of a .asia
registration, the following terms apply:
- The
Registered Name Holder/Registrant consents to the use, copying,
distribution, publication, modification and other processing of its
Personal Data by DotAsia Organisation Limited and its designees and
agents in a manner consistent with the purposes specified pursuant to
the Registry-Registrar Agreement and with relevant mandatory local data
protection, laws and privacy.
- The Registered Name Holder/Registrant agrees to correct and
update the registration information for the Registered Name immediately
during the registration term for the Registered Name.
- In addition to the complying with the Registrar's policies,
the Registered Name Holder/Registrant* agrees to comply with those
ICANN requirements, standards, policies, procedures, and practices for
which the Registry Operator DotAsia Organisation Limited has monitoring
responsibility in accordance with the Registry Agreement or with other
arrangements with ICANN.
- The Registered Name Holder/Registrant agrees to comply with
all the operational standards, policies, procedures, and practices for
the .ASIA Registry as established from time to time in a non-arbitrary
manner by DotAsia Organisation Limited (".ASIA Registry Policies"). The
Registered Name Holder/Registrant acknowledges that .ASIA Registry
Policies are applicable to all registrars and/or registered name
holders/registrants. Any changes of the .ASIA Registry Policies by the
DotAsia Organisation Limited that are consistent with the Registry
Agreement shall be effective upon thirty (30) days' notice by DotAsia
Organisation Limited to Registrar. The Registered Name
Holder/Registrant further agrees to be bound by the terms and
conditions as set down by DotAsia Organisation Limited during the
initial launch and the general operations of the .ASIA TLD, including
without limitation its Start-Up Policies where such terms and
conditions include the submission to a binding arbitration for disputes
arising from the Start-Up process or any allocation of domain names.
- The Registered Name Holder/Registrant agrees to submit to
proceedings commenced under ICANN's Uniform Domain Name Dispute
Resolution Policy ("UDRP") and to proceedings commenced under ICANN's
Charter Eligibility Dispute Resolution Policy ("CEDRP"). The Registered
Name Holder/Registrant agrees to submit to proceedings commenced under
other dispute resolution policies as set forth by DotAsia Organisation
Limited from time to time in the Registry Policies, including but not
limited to expedited processes for suspension of a domain name by
claims sought by intellectual property right holders, Internet
engineering and security experts or other competent claimants in the
purpose of upholding the stability, security and integrity of the .ASIA
Registry.
- The Registered Name Holder/Registrant acknowledges and agrees
to comply with the .ASIA Charter Eligibility Requirement. The
Registered Name Holder/Registrant* acting as Registrant Contact
represents and warrants that it has made known to the Charter
Eligibility Declaration Contact (the "CED Contact"), and the CED
Contact has agreed, that the Registrant Contact and the CED Contact
will jointly be defined as the Registered Name Holder, and that it
shall be jointly responsible for the Registered Name in the event of a
dispute or a challenge over the Registered Name Holder/Registrant's*
legal entitlement to or the ownership of the Registered Name. The CED
Contact shall be bound by the provisions in the DotAsia Organisation
Limited's .ASIA Charter Eligibility Requirement Policy published from
time to time. Registered Name Holder/Registrant acting as Registrant
Contact agrees that it has obtained an agreement from the CED Contact
that the Registrant Contact shall remain the Operating Contact for all
operations of the domain, including but not limited to domain transfer
and updates.
- The Registered Name Holder/Registrant agrees to indemnify, to
the maximum extent permitted by law, defend and hold harmless the
Registry Operator DotAsia Organisation Limited and its directors,
officers, employees and agents from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable legal
fees and expenses, arising out of or relating to the Registered Name
Holder's domain name registration and or use. Notwithstanding the other
provisions in this Agreement, the Registered Name Holder agrees that
this indemnification obligation shall survive the termination or
expiration of this registration agreement.
- The Registered Name Holder/Registrant acknowledges and agrees
that DotAsia Organisation Limited and Registry Services Provider,
acting in consent with DotAsia Organisation Limited, reserves the right
to deny, cancel or transfer any registration that it deems necessary,
in its sole discretion (i) to protect the integrity security, and
stability of the registry; (ii) to comply with all appropriate laws,
government rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process; (iii) to avoid any
liability, civil or criminal, on the part of DotAsia Organisation
Limited as well as its affiliates, subsidiaries, officers, directors,
representatives, employees, and stockholders; (iv) for violations of
the terms and conditions herein: or (v) to correct mistakes made by
DotAsia Organisation Limited, the Registry Services Provider or any
registrar in connection with a domain name registration. DotAsia
Organisation Limited also reserves the right to freeze a Registered
Name such as placing a domain name on hold, lock, or other status
during the resolution of a dispute.
- Notwithstanding anything in this Agreement to the contrary,
DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD,
is and shall be an intended third party beneficiary of this Agreement.
As such, the parties to this Agreement acknowledge and agree that the
third party beneficiary rights of DotAsia Organisation Limited have
vested and that it has relied on its third party beneficiary rights
under this Agreement in agreeing to Tucows being a registrar for the
.ASIA TLD. Additionally, the third party beneficiary rights of DotAsia
Organisation Limited shall survive any termination or expiration of
this Agreement.
- The Registered Name Holder/Registrant acknowledges that in
the event of conflict between this section of the Agreement and other
sections of the same, this section shall prevail.
- WHOIS
PRIVACY SERVICE.
The following terms and conditions will apply if you subscribe to the
Whois Privacy Service:
- Subscribers
to the Whois Privacy Service have elected to include the following
information in the publicly available Whois Registry:
- 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.
- 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.
- 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.
- 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.
- We will send all obligatory renewal and transfer related
messages to the Contacts you have designated.
- 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.
- Right to Suspend and Disable. We shall have the right, at our
sole discretion and without liability to you or any of your Contacts,
suspend or cancel your domain name and to reveal Registrant and Contact
Whois Information in certain circumstances, including but not limited
to the following: (i) when required by law; (ii) in the good faith
belief that disclosure is necessary to further determination of an
alleged breach of a law; (iii) to comply with a legal process served
upon Tucows; (iv) to resolve any and all third party claims including
but not limited to ICANN's or a Registry's dispute resolution policy;
(v) to avoid financial loss or legal liability (v) to avoid financial
loss or legal liability; (vi) if we believe that you or one of your
Contacts is using the Whois Privacy Service to conceal involvement with
illegal, illicit, objectionable or harmful activities; or (vii) to
transmit SPAM, viruses, worms or other harmful computer programs.
- 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. |
