Click here
for terms on .com, .net, and .org domains.
Click here for terms on .info domains.
Click here for terms on .biz domains.
Click here for terms on .us domains.
For all .com, .net, and
.org registrations:
1. AGREEMENT. In this Service Agreement
("Agreement") "you" and "your" refer to each customer, "we",
us" and "our" refer to Tucows.com and "Services" refers to
the services provided by us as offered through WEBXESS,
INC., the Registration Service Provider ("RSP"). This
Agreement explains our obligations to you, and explains your
obligations to us for various Services. By selecting our
Services you have agreed to establish an account with us for
such Services. When you use your account or permit someone
else to use it to purchase or otherwise acquire access to
additional Services or to cancel your Services (even if we
were not notified of such authorization), this Agreement
covers such service or actions. By using the Services under
this Agreement, you acknowledge that you have read and agree
to be bound by all terms and conditions of this Agreement
and any pertinent rules or policies that apply to us that
are or may be published by us.
2.
SELECTION OF A DOMAIN NAME. We cannot and do not check to
see whether the domain name you select, or the use you make
of the domain name, infringes legal rights of others. We
urge you to investigate to see whether the domain name you
select or its use infringes legal rights of others, and in
particular we suggest you seek advice of competent counsel.
You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You
should be aware that there is the possibility we might be
ordered by a court to cancel, modify, or transfer your
domain name. If so, we will conform with all applicable
laws. We rely upon you to conform to all applicable laws and
we rely upon you not to infringe upon the legal rights of
others. You should be aware that if we are sued or
threatened with lawsuit in connection with your domain name,
we may turn to you to hold us harmless and indemnify us. 3. FEES, PAYMENT AND TERM. As consideration for the
services you have selected, you agree to pay us the
applicable service(s) fees. All fees payable hereunder are
non-refundable unless we provide otherwise. 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 hereby grant us the right to disclose to third parties
such Account Information. The Registrant, by completing and
submitting the Domain Name Registration Agreement
("Registration Agreement"), represents that the
statements in its application are true and that the
registration of the selected Domain Name, so far as the
Registrant is aware, does not interfere with or infringe
upon the rights of any third party. The Registrant also
represents that the Domain Name is not being registered for
any unlawful purpose. 4. MODIFICATIONS TO AGREEMENT. You agree, during the
period of this Agreement, that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the
services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting
of the revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular
mail as per the Notices section of this agreement, Section
20. You agree to review our web site, including the
Agreement, periodically to be aware of any 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 regular mail as per the Notices
section of this agreement, Section 20. Notice of your
termination will be effective on receipt and processing by
us. You agree that, by continuing to use the Services
following notice of any revision to this Agreement or change
in service(s), you abide by any such revisions or changes.
You further agree to abide by the ICANN Uniform Dispute
Resolution Policy ("Dispute Policy") as amended from timeto
time. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the
Dispute Policy become effective, you have agreed to these
modifications. 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. 5. 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. Please safeguard your Account
Identifier and Password from any unauthorized use. In no
event will we be liable for the unauthorized use or misuse
of your Account Identifier or Password. 6. 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 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 our web site:[This should be
a copy of the ICANN Uniform Dispute Resolution Policy found
at http://www.icann.org/udrp/udrp-policy-24oct99.htm. Please
take the time to familiarize yourself with such policy. 7. 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 in effect at the
time of the dispute. 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 Dispute Policy. For any dispute, you agree
to submit to the jurisdiction of the courts of your
domicile, the courts of the geographic location indicated by
your WHOIS information for your domain name, and the courts
of Austin, TEXAS UNITED STATES OF AMERICA. 8. AGENTS. You agree that, if an agent for you (i.e., an
Internet Service Provider, employee, etc.) purchased our
Services on your behalf, you are nonetheless bound as a
principal by all terms and conditions herein, including the
Dispute Policy.9. 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. 10. 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). We and our contractors 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
development or interruption of your Web site or email
service. The registrant agrees that we will not be liable
for any loss of registration and use of registrant's 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. 11. INDEMNITY. You agree to release, indemnify, and hold
us, our contractors, agents, employees, officers, directors
and affiliates 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 E-mail Service with your computer, 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 may be considered by us to be a
breach of your Agreement and may result in deactivation of
your domain name. 12. 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 or terminate your e-mail
account without further notice. 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. 13. NO GUARANTY. You agree that, by registration or
reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to
either the registration, reservation, or use of the domain
name. 14. DISCLAIMER OF WARRANTIES. You agree and warrant that
the
information that you provide to us to register or reserve
your domain name or register for other Services is, to the
best of your knowledge and belief, accurate and complete,
and that any future changes to this information will be
provided to us in a timely manner according to the
modification procedures in place at that time. 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 disclaims 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 our e-mail service or that
defects in the Services software will be corrected. You
understand and agree that any material and/or data
downloaded or otherwise obtained through the use of the our
e-mail 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 e-mail service or any transactions entered into
through the
e-mail service. No advice or information, whether oral or
written, obtained by you from us or through the e-mail
service shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to
you. However, each exclusion of warranty shall apply to the
fullest extend of law.15. REVOCATION. You agree that we may delete your domain
name or
terminate your right to use other Services if the
information that you provided to register or reserve your
domain name or register for other Services, or subsequently
to modify it, contains false or misleading information, or
conceals or omits any information we would likely consider
material to our decision to register or reserve your domain
name. You agree that we may, in our sole discretion, delete
or transfer your domain name at any time. 16. 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, or to delete
your domain name within thirty (30) calendar days from
receipt of your payment for such 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 or reserve, or delete
your domain name or register you for other Services.17. 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. 18. NON-AGENCY. Nothing contained in this Agreement or
the Dispute Policy shall be construed as creating any
agency, partnership, or other form of joint enterprise
between the parties. 19. NON-WAIVER. Our failure to require performance by the
Registrant 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. 20. 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 have
been given when an electronic confirmation of delivery has
been obtained by the sender, in the case of notice to us or
to the RSP to domreg@webxess.net or, in the case of notice
to you, at the e-mail address provided by you in your WHOIS
record or as updated from time to time. Mail shall be sent
to domreg@webxess.net and to you at the mailing address provided in your Affiliate
application or as updated from time to
time. 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
3:00 p.m. (Central time) and otherwise on the next business
day. Any communication sent via regular mail shall be deemed
to have been validly and effectively given 5 business days
after the date of mailing.21. ENTIRETY. You agree that this Agreement, the rules
and policies published 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. 22. GOVERNING LAW. This Agreement shall be governed by
and interpreted and enforced in accordance with the LAWS OF
STATE OF TEXAS and the FEDERAL LAWS OF UNITED STATES OF
AMERICA applicable therein without reference to rules
governing choice of laws. Any action relating to this
Agreement must be brought in TRAVIS COUNTY, TEXAS UNITED
STATES OF AMERICA and you irrevocably consent to the
jurisdiction of such courts. 23. INFANCY. You attest that you are of legal age to
enter into this Agreement. 24. 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 PARTICIPATING IN THE AFFILIATE NETWORK
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
For all .info registrations:
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.
Our Address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
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.
For all .biz
domain registrations:
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., "Registry Operator" refers to Neulevel 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.
2. .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:
(i) to exchange goods, services, or property of any kind;
(ii) in the ordinary course of business; or
(iii) 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.
3. SELECTION OF A DOMAIN NAME. You represent that:
(i) 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;
(ii) 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;
(iii) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(iv) 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;
(v) you have the authority to enter into this Registration
Agreement; and
(vi) the registered domain name is reasonably related to
your business or intended commercial purpose at the time of
registration.
4. FEES. As consideration for the Services you have
selected, you agree to pay the RSP the applicable service(s)
fees. All fees payable hereunder are non-refundable. As
further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information
about you as required by the registration process and (2)
maintain and update this information as needed to keep it
current, complete and accurate. All such information shall
be referred to as account information ("Account
Information"). By submitting this Agreement, you represent
that the statements in your Application are true, complete
and accurate.
5. TERM. This Agreement shall remain in full force
during the length of the term of your domain name
registration(s) as selected, recorded, and paid for upon
registration of the domain name. Should you choose to renew
or otherwise lengthen the term of your domain name
registration, then the term of this Registration Agreement
shall be extended accordingly. Should the domain name be
transferred to another Registrar, the terms and conditions
of this contract shall cease.
6. MODIFICATIONS TO AGREEMENT. You agree that we may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement. You
agree to be bound by any such revision or change which shall
be effective immediately upon posting on our web site or
upon notification to you by e-mail or your country's postal
service pursuant to the Notices section of this Agreement.
You agree to review this Agreement as posted on our web site
periodically to maintain an awareness of any and all such
revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail or postal service
pursuant to the Notices section of this Agreement. Notice of
your termination shall be effective after processing by us.
You agree that, by continuing the use of Services following
notice of any revision to this Agreement or change in
service(s), you shall be bound by any such revisions and
changes. You 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.
We will not refund any fees paid by you if you terminate
your agreement with us.
7. 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.
8. DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the Dispute Policy 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://resellers.tucows.com/opensrs/legal. Please take
the time to familiarize yourself with this policy.
9. DOMAIN NAME DISPUTES. You acknowledge having read
and understood and agree to be bound by the terms and
conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated and
made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy
("Dispute Policy), available at http://www.icann.org/udrp/;
(ii) The Restrictions Dispute Resolution Criteria and Rules
("RDRP"), available at http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, "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 Operator 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.
10. POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, 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.
11. AGENCY. Should you intend to license use of a
domain name to a third party you shall nonetheless be the
domain name holder of record and are therefore responsible
for providing your own full contact information and for
providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain
name. You shall accept liability for harm caused by wrongful
use of the domain name. You represent that you have provided
notice of the terms and conditions in this Agreement to a
third party licensee and that the third party agrees to the
terms hereof. You acknowledge and agree that the domain name
has not been registered solely for the purposes of selling,
trading or leasing for compensation and will be used for a
business or commercial purpose.
12. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or
operation of our services and those of our service partners.
These announcements will be predominately informative in
nature and may include notices describing changes, upgrades,
new products or other information to add security or to
enhance your identity on the Internet.
13. LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with respect to
any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid
for such Service(s). Neither we nor our contractors or third
party beneficiaries shall be liable for any direct,
indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute
services. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or
incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and
all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data
non-delivery or data miss-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account
identifier or password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement;
(6) loss or liability resulting from the interruption of
your Service. You agree that we will not be liable for any
loss of registration and use of your domain name, or for
interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including
lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if
we have been advised of the possibility of such damages. In
no event shall our maximum liability exceed five hundred
($500.00) dollars.
14. INDEMNITY. You agree to release, indemnify, and
hold us, the Registry Operator, 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. This indemnification obligation will survive
the termination or expiration of this agreement.
15. TRANSFER OF OWNERSHIP. The person named as
registrant on the WHOIS shall be the registered name holder.
The person named as administrative contact at the time the
controlling user name and password are secured shall be
deemed to be the designate of the registrant with the
authority to manage the domain name. You agree that prior to
transferring ownership of your domain name to another person
(the Transferee") you shall require the Transferee to agree
in writing to be bound by all the terms and conditions of
this Agreement. Your domain name 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.
16. 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 you fail to
provide evidence, which is reasonably satisfactory to us,
that you have not breached your obligations under the
Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you
shall not be deemed to be excused simply because we did not
act earlier in response to that, or any other breach by you.
17. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer
immunity from objection to either the registration,
reservation, or use of the domain name.
18. DISCLAIMER OF WARRANTIES. You agree that your use
of our Services is solely at your own risk. You agree that
such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty
that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error
free; nor do we make any warranty as to the results that may
be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through
the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of
Service is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer
system or loss of data that results from the download of
such material and/or data. We make no warranty regarding any
goods or services purchased or obtained through the Service
or any transactions entered into through the Service. No
advice or information, whether oral or written, obtained by
you from us or through the Service shall create any warranty
not expressly made herein.
19. INFORMATION. As part of the registration process,
you are required to provide us certain information and to
update us promptly as such information changes such that our
records are current, complete and accurate. You are obliged
to provide us the following information:
(i) 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);
(ii) The domain name being registered;
(iii) 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;
(iv) The IP addresses and names of the primary nameserver
and any secondary nameserver(s) 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.
20. 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.
21. REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to
update information provided to us, or any failure to respond
to inquiries by us addressed to the email address of the
registrant, the administrative, billing or technical contact
appearing in the "Whois" directory with respect to a domain
name concerning the accuracy of contact details associated
with the registration shall constitute a material breach of
this Agreement and be a basis for cancellation of the domain
name registration. Any information collected by us
concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the ICANN
Agreement or an ICANN/Registry Operator policy.
22. RIGHT OF REFUSAL. We, and/or Registry Operator,
in our sole discretion, reserve the right to refuse to
register or reserve your chosen domain name or register you
for other Services. In the event we do not register or
reserve your domain name or register you for other Services,
or we delete your domain name or other Services within such
thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to
you for loss or damages that may result from our refusal to
register, reserve, or delete your domain name or register
you for other Services.
We reserve the right to delete or transfer your domain name
following registration if we believe the registration has
been made possible by a mistake, made either by us or by a
third party. We also reserve the right to suspend a domain
name during resolution of a dispute.
23. SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain
in full force and effect.
24. NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policies shall be construed as creating any
agency, partnership, or other form of joint enterprise
between the parties.
25. NON-WAIVER. Our failure to require performance by
you of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor
shall the waiver by us of a breach of any provision hereof
be taken or held to be a waiver of the provision itself.
26. NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing
and given by sending it via e-mail or via postal service. In
the case of e-mail, valid notice shall only have been deemed
to be given when an electronic confirmation of delivery has
been obtained by the sender. In the case of e-mail,
notifications must be sent to us at lhutz@tucows.com, or
in the case of notification to you, to the e-mail address
provided by you in your WHOIS record. Any e-mail
communication shall be deemed to have been validly and
effectively given on the date of such communication, if such
date is a business day and such delivery was made prior to
4:00 p.m. EST, otherwise it will be deemed to have been
delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been
validly and effectively given 5 business days after the date
of mailing and, in the case of notification to us or to RSP
shall be sent to:
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
27. ENTIRETY. You agree that this Agreement, the
rules and policies published by Tucows, ICANN and/or the
Registry Operator and the Dispute Policy are the complete
and exclusive agreement between you and us regarding our
Services. This Agreement and the Dispute Policy supersede
all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
28. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED
BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS
OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA
APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS.
29. INFANCY. You attest that you are of legal age to
enter into this Agreement.
30. FOREIGN LANGUAGE: 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.
31. 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.
For all .us domain registrations:
SCHEDULE A
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement
("Agreement") "Registrant", "you" and "your" refer to the
registrant of each domain name registration, "we", "us" and
"our" refer to TUCOWS Inc., "Registry Operator" refers to
NeuStar Inc., "DOC" refers to the United States of America
Department of Commerce, and "Services" refers to the domain
name registration provided by us as offered through
__________________ ("RSP"). This Agreement explains our
obligations to you, and explains your obligations to us for
various Services.
2. .us NEXUS REQUIREMENT. Only those individuals or
organizations that have a substantive lawful connection in
the United States are permitted to register for .usTLD
domain names. Registrants in the .usTLD must satisfy the
nexus requirement ("Nexus" or "Nexus Requirements") set out
at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf
3. SELECTION OF A DOMAIN NAME. You certify and
represent that:
4. FEES. As consideration for the Services you have
selected, you agree to pay the RSP the applicable service(s)
fees. All fees payable hereunder are non-refundable. As
further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information
about you as required by the registration process and (2)
maintain and update this information as needed to keep it
current, complete and accurate. All such information shall
be referred to as account information ("Account
Information"). By submitting this Agreement, you represent
that the statements in your Application are true, complete
and accurate.
5. TERM. This Agreement shall remain in full force
during the length of the term of your domain name
registration(s) as selected, recorded, and paid for upon
registration of the domain name. Should you choose to renew
or otherwise lengthen the term of your domain name
registration, then the term of this Registration Agreement
shall be extended accordingly. Should the domain name be
transferred to another Registrar, the terms and conditions
of this contract shall cease.
6. MODIFICATIONS TO AGREEMENT. You agree that we may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement. You
agree to be bound by any such revision or change which shall
be effective immediately upon posting on our web site or
upon notification to you by e-mail or your country's postal
service pursuant to the Notices section of this Agreement.
You agree to review this Agreement as posted on our web site
periodically to maintain an awareness of any and all such
revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail or postal service
pursuant to the Notices section of this Agreement. Notice of
your termination shall be effective after processing by us.
You agree that, by continuing the use of Services following
notice of any revision to this Agreement or change in
service(s), you shall be bound by any such revisions and
changes. You acknowledge that if you do not agree to any
such modifications, you may request that your domain name be
deleted from the domain name database. We will not refund
any fees paid by you if you terminate your agreement with
us.
7. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain
your own records appropriate to document and prove the
initial registration date of the domain name. In order to
change any of your account information with us, you must use
your Account Identifier and Password that you selected when
you opened your account with us. You agree to safeguard your
Account Identifier and Password from any unauthorized use.
In no event shall we be liable for the unauthorized use or
misuse of your Account Identifier or Password.
8. DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the Dispute Policy and the usDRP, as defined below, that is
incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with
these policies.
9. DOMAIN NAME DISPUTES. You acknowledge having read
and understood and agree to be bound by the terms and
conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated and
made an integral part of this Agreement:
10. POLICY. You agree that your registration of
the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Tucows, Registry
Operator, the DOC or government-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with
a DOC or government-adopted policy, (1) to correct mistakes
by us or the applicable Registry in registering the name or
(2) for the resolution of disputes concerning the domain
name. The Registry Operator's policies can be found at http://www.neustar.us/policies.
11. AGENCY. Should you intend to license use of a
domain name to a third party you shall nonetheless be the
domain name holder of record and are therefore responsible
for providing your own full contact information and for
providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain
name. You shall accept liability for harm caused by wrongful
use of the domain name. You represent that you have provided
notice of the terms and conditions in this Agreement to a
third party licensee and that the third party agrees to the
terms hereof. You acknowledge and agree that the domain name
has not been registered solely for the purposes of selling,
trading or leasing for compensation and will be used for a
business or commercial purpose.
12. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or
operation of our services and those of our service partners.
These announcements will be predominately informative in
nature and may include notices describing changes, upgrades,
new products or other information to add security or to
enhance your identity on the Internet.
13. LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with respect to
any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid
for such Service(s). Neither we nor our contractors or third
party beneficiaries shall be liable for any direct,
indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute
services. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or
incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and
all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data
non-delivery or data miss-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account
identifier or password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement;
(6) loss or liability resulting from the interruption of
your Service. You agree that we will not be liable for any
loss of registration and use of your domain name, or for
interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including
lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if
we have been advised of the possibility of such damages. In
no event shall our maximum liability exceed five hundred
($500.00) dollars.
14. INDEMNITY. You agree to release, indemnify, and
hold us, the Registry Operator, the DOC, our respective
contractors, agents, employees, officers, directors,
affiliates and third party beneficiaries harmless from all
liabilities, claims and expenses, including attorney's fees,
of third parties relating to or arising under this
Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by
you, or someone else using the Service of any intellectual
property or other proprietary right of any person or entity,
or from the violation of any of our operating rules or
policy relating to the Service(s) provided. You also agree
to release, indemnify and hold us harmless pursuant to the
terms and conditions contained in the Dispute Policy. When
we are threatened with suit by a third party, we may seek
written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances shall
be a breach of your Agreement and may result in deactivation
of your domain name. This indemnification obligation will
survive the termination or expiration of this agreement.
15. TRANSFER OF OWNERSHIP. The person named as
registrant on the WHOIS shall be the registered name holder.
The person named as administrative contact at the time the
controlling user name and password are secured shall be
deemed to be the designate of the registrant with the
authority to manage the domain name. You agree that prior to
transferring ownership of your domain name to another person
(the Transferee") you shall require the Transferee to agree
in writing to be bound by all the terms and conditions of
this Agreement. Your domain name may not be transferred
until we receive such written assurances or other reasonable
assurance that the Transferee has been bound by the
contractual terms of this Agreement (such reasonable
assurance as determined by us in our sole discretion) along
with the applicable transfer fee. If the Transferee fails to
be bound in a reasonable fashion (as determine by us in our
sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void. You
acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the
registration of your domain name.
16. BREACH. You agree that failure to abide by any
provision of this Agreement including but not limited to any
failure to abide by the Nexus Requirements, any operating
rule or policy or the Dispute Policy provided by us, may be
considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If
you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the
registration or reservation of your domain name. Any such
breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any
other breach by you.
17. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer
immunity from objection to either the registration,
reservation, or use of the domain name.
18. DISCLAIMER OF WARRANTIES. You agree that your use
of our Services is solely at your own risk. You agree that
such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty
that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error
free; nor do we make any warranty as to the results that may
be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through
the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of
Service is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer
system or loss of data that results from the download of
such material and/or data. We make no warranty regarding any
goods or services purchased or obtained through the Service
or any transactions entered into through the Service. If you
license use of the domain name, you nonetheless agree that
you shall accept any and all liability for any harm caused
by said licensed use and suffered by Tucows, the Registry
Operator and/or the DOC. No advice or information, whether
oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.
19. INFORMATION. As part of the registration process,
you are required to provide us certain information and to
update us promptly as such information changes such that our
records are current, complete and accurate. You are obliged
to provide us the following information:
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name
registration information you provide available to the DOC,
to the Registry Operator, and to other third parties as
applicable. You further agree and acknowledge that we may
make publicly available, or directly available to third
party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as
through our WHOIS service) or other purposes as required or
permitted by the DOC and applicable laws. You hereby consent
to any and all such disclosures and use of information
provided by you in connection with the registration of a
domain name (including any updates to such information),
whether during or after the term of your registration of the
domain name. You hereby irrevocably waive any and all claims
and causes of action you may have arising from such
disclosure or use of your domain name registration
information by us. You may access your domain name
registration information in our possession to review, modify
or update such information, by accessing our domain manager
service, or similar service, made available by us through
your RSP. We will not process data about any identified or
identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations which
we describe in this Agreement. We will take reasonable
precautions to protect the information we obtain from you
from our loss, misuse, unauthorized accessor disclosure,
alteration or destruction of that information.
21. REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to
update information provided to us, or any failure to respond
to inquiries by us addressed to the email address of the
registrant, the administrative, billing or technical contact
appearing in the "Whois" directory with respect to a domain
name concerning the accuracy of contact details associated
with the registration shall constitute a material breach of
this Agreement and be a basis for cancellation of the domain
name registration. Any information collected by us
concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the DOC or
Registry Operator policy.
22. RIGHT OF REFUSAL. We, and/or Registry Operator,
in our sole discretion, reserve the right to refuse to
register or reserve your chosen domain name or register you
for other Services. In the event we do not register or
reserve your domain name or register you for other Services,
or we delete your domain name or other Services within such
thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to
you for loss or damages that may result from our refusal to
register, reserve, or delete your domain name or register
you for other Services. We reserve the right to delete or
transfer your domain name following registration if we
believe the registration has been made possible by a
mistake, made either by us or by a third party. We also
reserve the right to suspend a domain name during resolution
of a dispute.
23. SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain
in full force and effect. 24. NON-AGENCY. Nothing
contained in this Agreement or the Dispute Policies shall be
construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
25. NON-WAIVER. Our failure to require performance by
you of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor
shall the waiver by us of a breach of any provision hereof
be taken or held to be a waiver of the provision itself.
26. NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing
and given by sending it via e-mail or via postal service. In
the case of e-mail, valid notice shall only have been deemed
to be given when an electronic confirmation of delivery has
been obtained by the sender. In the case of e-mail,
notifications must be sent to us at lhutz@tucows.com, or
in the case of notification to you, to the e-mail address
provided by you in your WHOIS record. Any e-mail
communication shall be deemed to have been validly and
effectively given on the date of such communication, if such
date is a business day and such delivery was made prior to
4:00 p.m. EST, otherwise it will be deemed to have been
delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been
validly and effectively given 5 business days after the date
of mailing and, in the case of notification to us or to RSP
shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
CANADA
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
27. ENTIRETY. You agree that this Agreement, the
rules and policies published by Tucows, the DOC and/or the
Registry Operator and the Dispute Policy are the complete
and exclusive agreement between you and us regarding our
Services. This Agreement and the Dispute Policy supersede
all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
28. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED
BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS
OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA
APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS.
29. INFANCY. You attest that you are of legal age to
enter into this Agreement.
30. FOREIGN LANGUAGE: 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.
31. 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.