Registration
Agreement for .Info Domains
SCHEDULE
A
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant
of each domain name registration, "we", us"
and "our" refer to TUCOWS Inc. and Services
refers to the domain name registration provided by us
as offered through (RSP). This Agreement explains
our obligations to you, and explains your obligations
to us for various Services. If you are registering your
name during the finite period of time when owners of trademarks
and service marks issued prior to October 2, 2000 and
having national effect will have the exclusive opportunity
to register identical domain names (Sunrise Period),
you agree to comply with the procedures, terms and obligations.
You acknowledge and agree that registrations for domain
names during the Sunrise Period will only be accepted
for a minimum registration term of five (5) years.
2. SELECTION OF A DOMAIN name. You represent that, to
the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon
the legal rights of a third party and, further, that the
domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services you have selected,
you agree to pay the RSP the applicable service fees.
All fees payable hereunder are non-refundable. As further
consideration for the Services, you agree to: (1) provide
certain current, complete and accurate information about
you as required by the registration process and (2) maintain
and update this information as needed to keep it current,
complete and accurate. All such information shall be referred
to as account information ("Account Information").
By submitting this Agreement, you represent that the statements
in your Application are true, complete and accurate.
4. TERM. This Agreement shall remain in full force during
the length of the term of your domain name registration(s)
as selected, recorded, and paid for upon registration
of the domain name. Should you choose to renew or otherwise
lengthen the term of your domain name registration, then
the term of this Registration Agreement shall be extended
accordingly. Should the domain name be transferred to
another Registrar, the terms and conditions of this contract
shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that we may:
(1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement.
You agree to be bound by any such revision or change will
which shall be effective immediately upon posting on our
web site or upon notification to you by e-mail or your
countrys postal service pursuant to the Notices
section of this Agreement. You agree to review this Agreement
as posted on our web site periodically to maintain an
awareness of any and all such revisions. If you do not
agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice
by e-mail or postal service pursuant to the Notices section
of this Agreement. Notice of your termination shall be
effective after processing by us. You agree that, by continuing
the use of Services following notice of any revision to
this Agreement or change in service(s), you shall be bound
by any such revisions and changes. If you have registered
your name during the Sunrise Period, you agree to be bound
by the Sunrise Dispute Resolution Policy (Sunrise
Dispute Policy) found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform Dispute
Resolution Policy (Dispute Policy) as presently
written and posted on
http://resellers.tucows.com/opensrs/legal/ and as
shall be amended from time to time. You acknowledge that
if you do not agree to any such modifications, you may
request that your domain name be deleted from the domain
name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any
of your account information with us, you must use your
Account Identifier and Password that you selected when
you opened your account with us. You agree to safeguard
your Account Identifier and Password from any unauthorized
use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
7. DOMAIN name DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name
to us from another registrar, you agree to be bound by
the Dispute Policies that are incorporated herein and
made a part of this Agreement by reference. The current
version of the general registration Dispute Policy may
be found at http://www.opensrs.org/legal/udrp.shtml. Please
take the time to familiarize yourself with this policy.
8. DOMAIN name DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a
third party, you will be subject to the provisions specified
in the Sunrise Dispute Policy or the Dispute Policy, as
applicable. You agree that in the event a domain name
dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions
contained in the Sunrise Dispute Policy or Dispute Policy,
as applicable.
9. POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or
transfer pursuant to a Tucows, Registry Operator, ICANN
or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows,
Registry Operator, ICANN or government-adopted policy,
(1) to correct mistakes by us or the Registry in registering
the name or (2) for the resolution of disputes concerning
the domain name.
10. AGENCY. Should you intend to license use of a domain
name to a third party you shall nonetheless be the domain
name holder of record and are therefore responsible for
providing your own full contact information and for providing
and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of
any problems that arise in connection with the domain
name. You shall accept liability for harm caused by wrongful
use of the domain name. You represent that you have provided
notice of the terms and conditions in this Agreement to
a third party licensee and that the third party agrees
to the terms hereof.
11. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or
operation of our services and those of our service partners.
These announcements will be predominately informative
in nature and may include notices describing changes,
upgrades, new products or other information to add security
or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to
any Services(s) provided under this Agreement and any
breach of this Agreement is solely limited to the amount
you paid for such Service(s). Neither we nor our contractors
or third party beneficiaries shall be liable for any direct,
indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute
services. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential
or incidental damages, in such jurisdictions, our liability
is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability
resulting from data non-delivery or data miss-delivery;
(3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use
or misuse of your account identifier or password; (5)
loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that
we will not be liable for any loss of registration and
use of your domain name, or for interruption of business,
or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless
of the form of action whether in contract, tort (including
negligence), or otherwise, even if we have been advised
of the possibility of such damages. In no event shall
our maximum liability exceed five hundred ($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify, and hold
us, our contractors, agents, employees, officers, directors,
affiliates and third party beneficiaries harmless from
all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this
Agreement, the Services provided hereunder or your use
of the Services, including without limitation infringement
by you, or someone else using the Service of any intellectual
property or other proprietary right of any person or entity,
or from the violation of any of our operating rules or
policy relating to the Service(s) provided. You also agree
to release, indemnify and hold us harmless pursuant to
the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we
may seek written assurances from you concerning your promise
to indemnify us; your failure to provide those assurances
shall be a breach of your Agreement and may result in
deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. The person named as registrant
at the time the user name and password are secured shall
be the owner of the domain name. You agree that prior
to transferring ownership of your domain name to another
person (the Transferee") you shall require the Transferee
to agree in writing to be bound by all the terms and conditions
of this Agreement. Your domain name will not be transferred
until we receive such written assurances or other reasonable
assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with the
applicable transfer fee. If the Transferee fails to be
bound in a reasonable fashion (as determine by us in our
sole discretion) to the terms and conditions in this Agreement,
any such transfer will be null and void. You acknowledge
that you will not be entitled to change registrars during
the first sixty (60) days following the registration of
your domain name.
15. BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the
Dispute Policy provided by us, may be considered by us
to be a material breach and that we may provide a written
notice, describing the breach, to you. If within thirty
(30) calendar days of the date of such notice, you fail
to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under
the Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you
shall not be deemed to be excused simply because we did
not act earlier in response to that, or any other breach
by you.
16. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer
immunity from objection to either the registration, reservation,
or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use
of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is",
"as available" basis. We expressly disclaim
all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of
merchantability, fitness for a particular purpose and
non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service(s) will
be uninterrupted, timely, secure, or error free; nor do
we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or
reliability of any information obtained through the Service
or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded
or otherwise obtained through the use of Service is done
at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or
loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or
services purchased or obtained through the Service or
any transactions entered into through the Service. No
advice or information, whether oral or written, obtained
by you from us or through the Service shall create any
warranty not expressly made herein.
18. INFORMATION. As part of the registration process,
you are required to provide us certain information and
to update us promptly as such information changes such
that our records are current, complete and accurate. You
are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that
of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the administrative
contact for the domain name;
(iv) The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the billing
contact for the domain name.
Any other information, which we request from you at registration,
is voluntary. Any voluntary information we request is
collected for the purpose of improving the products and
services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You
agree and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry
administrators, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors,
some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through
our WHOIS service) or other purposes as required or permitted
by ICANN and applicable laws.
You hereby consent to any and all such disclosures and
use of information provided by you in connection with
the registration of a domain name (including any updates
to such information), whether during or after the term
of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may
have arising from such disclosure or use of your domain
name registration information by us.
You may access your domain name registration information
in our possession to review, modify or update such information,
by accessing our domain manager service, or similar service,
made available by us through your RSP.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible
with the purposes and other limitations which we describe
in this Agreement.
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized
accessor disclosure, alteration or destruction of that
information.
20. REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to
update information provided to us, or your failure to
respond for over fifteen (15) calendar days to inquiries
by us concerning the accuracy of contact details associated
with the your registration shall constitute a material
breach of this Agreement and be a basis for cancellation
of the domain name registration.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve
the right to refuse to register or reserve your chosen
domain name or register you for other Services. In the
event we do not register or reserve your domain name or
register you for other Services, or we delete your domain
name or other Services within such thirty (30) calendar
day period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for loss
or damages that may result from our refusal to register,
reserve, or delete your domain name or register you for
other Services.
We reserve the right to delete or transfer your domain
name within a thirty (30) day period following registration
if we believe the registration has been made possible
by a mistake, made either by us or by a third party. We
also reserve the right to suspend a domain name during
resolution of any dispute.
22. SEVERABILITY. You agree that the terms of this Agreement
are severable. If any term or provision is declared invalid
or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to
reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force
and effect.
23. NON-AGENCY. Nothing contained in this Agreement or
the Dispute Policies shall be construed as creating any
agency, partnership, or other form of joint enterprise
between the parties.
24. NON-WAIVER. Our failure to require performance by
you of any provision hereof shall not affect the full
right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision
itself.
25. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given
by sending it via e-mail or via postal service. In the
case of e-mail, valid notice shall only have been deemed
to have been given when an electronic confirmation of
delivery has been obtained by the sender. In the case
of e-mail, notifications must be sent to us at lhutz@tucows.com,
or in the case of notification to you, to the e-mail address
provided by you in your WHOIS record. Any e-mail communication
shall be deemed to have been validly and effectively given
on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. EST,
otherwise it will be deemed to have been delivered on
the next business day. In the case of regular mail notice,
valid notice shall be deemed to have been validly and
effectively given 5 business days after the date of mailing
and, in the case of notification to us or to RSP shall
be sent to:
Our Address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the
address specified in the Administrative Contact
in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules
and policies published by us and the Dispute Policy are
the complete and exclusive agreement between you and us
regarding our Services. This Agreement and the Dispute
Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
27. GOVERNING LAW. This Agreement shall be governed by
and interpreted and enforced in accordance with the LAWS
OF Province of ontario and the FEDERAL LAWS OF canada
applicable therein without reference to rules governing
choice of laws. Any action relating to this Agreement
must be brought in ontario and you irrevocably consent
to the jurisdiction of such courts.
28. INFANCY. You attest that you are of legal age to enter
into this Agreement.
29. Acceptance of Agreement. YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH
IN THIS AGREEMENT. |