Exhibit A
Registration Agreement
1. IN THIS REGISTRATION AGREEMENT ("Agreement"),
“Registrant”, "you" and "your" refers to the Registrant
of each domain name registration, "we", “us" and "our"
refers to Tucows.com Co., and “Services” refers to the
domain name registration services provided by us as
offered through _____________________________________,
the Registration Service Provider (“Reseller”). Any
reference to a “registry,” “Registry” or “Registry
Operator” shall refer to the registry administrator of
the applicable TLD or ccTLD. This Agreement explains our
obligations to you, and explains your obligations to us
for the Services. By agreeing to the terms and
conditions set forth in this Agreement, you are also
agreeing to be bound by the rules and regulations set
forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree
that we cannot guarantee that you will obtain a desired
domain name registration, even if an inquiry indicates
that a domain name is available at the time of your
application for same. You represent that, to the best of
the your knowledge and belief, neither the registration
of the domain name nor the manner in which it is
directly or indirectly to be used, infringes upon the
legal rights of a third party and further, that the
domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose.
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.
3. FEES. As consideration for the Services, you agree to
pay Reseller the applicable service(s) fees prior to the
effectiveness of a desired domain name registration or
any renewal thereof. All fees payable hereunder are
non-refundable even if your domain name registration is
suspended, cancelled or transferred prior to the end of
your current registration term. As further consideration
for the Services, you agree to: (1) provide certain
current, complete and accurate information about you as
required by the registration process, and (2) maintain
and update this information as needed to keep it
current, complete and accurate. All such information
shall be referred to as account information ("Account
Information"). You represent that the Account
Information and all other statements put forth in your
application are true, complete and accurate. Both Tucows
and each registry reserves the right to terminate your
domain name registration if: (i) information provided by
you or your agent is false, inaccurate, incomplete,
unreliable, misleading or otherwise secretive; or (ii)
you have failed to maintain, update and keep your
Account Information true, current, complete, accurate
and reliable. You acknowledge that a breach of this
Section 3 will constitute a material breach of our
Agreement, which will entitle either us or a registry to
terminate this Agreement immediately upon such breach
without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the
term of your domain name registration as selected,
recorded and paid for at the time of registration or any
renewal thereof. Should the domain name be transferred
to another registrar, the terms and conditions of this
Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the
practice of registering and administering domain names
is constantly evolving; therefore, you agree that Tucows
may modify this Agreement, or any other related and/or
applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or
individual, as well as to adjust to changing
circumstances. 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.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any
of your account information with us, you must use the
Account Identifier and Password that you selected when
you opened your account with us. You agree to safeguard
your Account Identifier and Password from any
unauthorized use. In no event shall we be liable for the
unauthorized use or misuse of your Account Identifier or
Password.
7. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer
immunity from objection to the registration, reservation
or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the
registration or reservation of your domain name is
challenged by a third party, you will be subject to the
provisions specified in the dispute policy adopted by
the applicable registry. You agree that in the event a
domain name dispute arises with any third party, you
will indemnify and hold us harmless pursuant to the
terms and conditions contained in the applicable policy.
If Tucows is notified that a complaint has been filed
with a judicial or administrative body regarding your
domain name, Tucows may, at its sole discretion, suspend
your ability to use your domain name or to make
modifications to your registration records until (i)
Tucows is directed to do so by the judicial or
administrative body, or (ii) Tucows receives
notification by you and the other party contesting your
domain that the dispute has been settled. Furthermore,
you agree that if you are subject to litigation
regarding your registration or use of your domain name,
Tucows may deposit control of your registration record
into the registry of the judicial body by supplying a
party with a registrar certificate from us.
9. POLICY. You agree that your registration of the
domain name shall be subject to suspension,
cancellation, or transfer pursuant to a Tucows,
registry, ICANN or government-adopted policy, or
pursuant to any registrar or registry procedure not
inconsistent with a Tucows, registry, ICANN or
government-adopted policy, (1) to correct mistakes by us
or a registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain
name to a third party you shall nonetheless be the
domain name holder of record and are therefore
responsible for providing your own full contact
information and for providing and updating accurate
technical and administrative contact information
adequate to facilitate timely resolution of any problems
that arise in connection with the domain name. You shall
accept liability for harm caused by wrongful use of the
domain name. You represent that you will secure the
agreement of any third party to the terms and conditions
in this Agreement
11. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or
operation of our services and those of our service
partners. These announcements will be predominately
informative in nature and may include notices describing
changes, upgrades, new products or other information to
add security or to enhance your identity on the
Internet.
12. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to
any Services(s) provided under this Agreement and any
breach of this Agreement is solely limited to the amount
you paid for the initial registration of your domain
name. Tucows and its directors, employees, affiliates,
subsidiaries, agents and third party providers, ICANN
and the applicable registries shall not be liable for
any direct, indirect, incidental, special or
consequential damages resulting from the use or
inability to use any of the Services or for the cost of
procurement of substitute services. Because some states
do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states,
our liability is limited to the extent permitted by law.
We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from
the unauthorized use or misuse of your account
identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all
information or services(s) provided under this
Agreement; (6) loss or liability resulting from the
interruption of your Service. You agree that we will not
be liable for any loss of registration and use of your
domain name, or for interruption of business, or any
indirect, special, incidental, or consequential damages
of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including
negligence), or otherwise, even if we have been advised
of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold
Tucows, its contractors, agents, employees, officers,
directors and affiliates, ICANN, the applicable
registries and their respective directors, officers,
employees, agents and affiliates harmless from all
liabilities, claims and expenses, including attorney's
fees, of third parties arising out of or relating to the
registration or use of the domain name registered in
your name, whether used by yourself, licensed to a third
party or pursuant to the Whois Privacy Service,
including without limitation infringement by you or a
third party with access to your Account Identifier and
Password. You also agree to release, indemnify and hold
us harmless pursuant to the terms and conditions
contained in the applicable Dispute Policy. When we are
threatened with suit by a third party, we may seek
written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances
may be considered by us to be a breach of your Agreement
and may result in the suspension or cancellation of your
domain name. This indemnification obligation will
survive the termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as
Registrant on the Whois shall be the registered name
holder. The person named as administrative contact at
the time the controlling account identifier and password
are secured shall be deemed the designate of the
Registrant with the authority to manage the domain name.
You agree that prior to transferring ownership of your
domain name to another person (the “Transferee") you
shall require the Transferee to agree, in writing to be
bound by all the terms and conditions of this Agreement.
If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to
the terms and conditions in this Agreement, any such
transfer will be null and void.
15. 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. 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 have elected to renew the registration, you will
be entitled to a grace period during which you may
re-register the domain name from us. Additional costs
may 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 may also 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.
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 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.
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:
(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.
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, 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. INFANCY. You attest that you are of legal age to
enter into this Agreement.
28. 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.
29. 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
30. 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. TLD’S. The following additional provisions apply to
any domain names that you register through Tucows with
the various registries:
(a) .com/net Domains: In the case of a “.com” or “.net”
registration, the following terms and conditions will
apply:
(i) Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy
(“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and
comply with the requirements set forth by the Registry;
these policies are subject to modification;
(ii) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
(b) .org Domains: In the case of a “.org” registration,
the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform 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;
(ii) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
(c) .info Domains: In the case of a “.info”
registration, the following terms and conditions will
apply:
(i) Registrant’s Personal Data. You consent to the use,
copying, distribution, publication, modification, and
other processing of Registrant’s personal data by
Afilias, the .INFO registry, and its designees and
agents, in a manner consistent with the purposes
specified pursuant to its contract;
(ii) Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy
(“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and
comply with the requirements set forth by the Registry.
These policies are subject to modification;
(iii) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario;
(iv) Reservation of Rights. Tucows and Afilias expressly
reserve the right to deny, cancel, transfer, or modify
any registration that either registrar or Afilias deems
necessary, at its discretion, to protect the integrity
and stability of the registry, to comply with any
applicable law, any government rule or requirement, any
request of law enforcement, any dispute resolution
process, or to avoid any liability, civil or criminal,
on the part of the registrar and/or Afilias, as well as
their affiliates, subsidiaries, executives, directors,
officers, managers, employees, consultants, and agents.
The registrar and Afilias also reserve the right to
suspend a domain name or its registration data during
resolution of a dispute.
(d) .biz Domains. In the case of a “.biz” registration,
the following terms and conditions will apply:
(i) .biz Restrictions. Registrations in the .biz
top-level domain must be used or intended to be used
primarily for bona fide business or commercial purposes.
For the purposes of the .biz registration restrictions,
“bona fide business or commercial use” shall mean the
bona fide use or bona fide intent to use the domain name
or any content, software, materials, graphics or other
information thereon, to permit Internet users to access
one or more host computers through the DNS:
(A) to exchange goods, services, or property of any
kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods, services,
information or property of any kind; or (ii) the
ordinary course of trade or business.
For more information on the .biz restrictions, which are
incorporated herein by reference, please see:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(ii) Selection of a Domain Name. You represent that:
(A) the data provided in the domain name registration
application is true, correct, up to date and complete,
and that you will continue to keep all of the
information provided correct, up-to-date and complete;
(B) to the best of the your knowledge and belief,
neither this registration of a domain name nor the
manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party;
(C) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(D) the registered domain name will be used primarily
for bona fide business or commercial purposes and not
(a) exclusively for personal use, or (b) solely for the
purposes of (1) selling, trading or leasing the domain
name for compensation, or (2) the unsolicited offering
to sell, trade or lease the domain name for
compensation;
(E) you have the authority to enter into this
Registration Agreement; and
(F) the registered domain name is reasonably related to
your business or intended commercial purpose at the time
of registration.
(iii) Provision of Registration Data. As part of the
registration process, you are required to provide us
with certain information and to keep the information
true, current, complete, and accurate at all times. The
information includes the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact
purposes in the case of a registrant that is an
organization, association, or corporation;
(G) the IP addresses of the primary nameserver and any
secondary nameserver for the domain name;
(H) the corresponding names of the primary and secondary
nameservers;
(I) the full name, postal address, e-mail address, voice
telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the
name holder for the domain name; and
(J) any remark concerning the domain name that should
appear in the Whois directory.
(K) You agree and understand that the foregoing
registration data will be publicly available and
accessible on the Whois directory as required by ICANN
and/or registry policies, and may be sold in bulk in
accordance with the ICANN agreement.
(iv) Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and
conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated
and made an integral part of this Agreement:
(A) The Uniform Domain Name Dispute Resolution Policy
(“Dispute Policy), available at:
http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and
Rules (“RDRP”), available at:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the “Dispute Policies”).
(v) The Dispute Policy sets forth the terms and
conditions in connection with a dispute between a
Registrant and any party other than the Registry or
Registrar over the registration and use of an Internet
domain name registered by Registrant.
(vi) The RDRP sets forth the terms under which any
allegation that a domain name is not used primarily for
business or commercial purposes shall be endorsed on a
case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider.
(vii) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
(e) .name Domains. In the case of a “.name”
registration, the following terms and conditions will
apply:
(i) .name Restrictions. Registrations in the .name
top-level domain must constitute an individual’s
“Personal Name”. For purposes of the .name restrictions
(the “Restrictions”), a “Personal Name” is a person’s
legal name, or a name by which the person is commonly
known. A “name by which a person is commonly known”
includes, without limitation, a pseudonym used by an
author or painter, or a stage name used by a singer or
actor.
(ii) .name Representations. As a .name domain name
registrant, you hereby represent that:
(A) the registered domain name or second level domain
(“SLD”) e-mail address is your Personal Name.
(B) the data provided in the domain name registration
application is true, correct, up to date and complete
and that you will continue to keep all of the
information provided correct, current and complete,
(C) to the best of the your knowledge and belief,
neither this registration of a domain name nor the
manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party;
(D) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(E) the registration satisfies the Eligibility
Requirements found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this
Registration Agreement.
(iii) E-mail Forwarding Services. The Services for which
you have registered may, at your option, include e-mail
forwarding. To the extent you opt to use e-mail
forwarding, you are obliged to do so in accordance with
all applicable legislation and are responsible for all
use of e-mail forwarding, including the content of
messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for
Internet and e-mail usage. This includes, but is not
limited to the Acceptable Use Policy, available at
http://www.nic.name/downloads/aup.pdf as well as the
following restrictions. Without prejudice to the
foregoing, you undertake not to use e-mail forwarding:
(A) to encourage, allow or participate in any form of
illegal or unsuitable activity, including but not
restricted to the exchange of threatening, obscene or
offensive messages, spreading computer viruses, breach
of copyright and/or proprietary rights or publishing
defamatory material;
(B) to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or
network or breaching the security or access control
without the sufficient approval of the owner of the
system or network;
(C) to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail
bombing, flooding, Denial of Service (DoS) attacks,
wilful attempts to overload another system or other
forms of harassment; or
(D) for spamming, which includes, but is not restricted
to, the mass mailing of unsolicited e-mail, junk mail,
the use of distribution lists (mailing lists) which
include persons who have not specifically given their
consent to be placed on such distribution list. Users
are not permitted to provide false names or in any other
way to pose as somebody else when using e-mail
forwarding.
(iv) Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from systems
with a history of abuse from entering Registry’s e-mail
forwarding. However, due to the nature of such systems,
which actively block messages, Registry shall make
public any decision to implement such systems a
reasonable time in advance, so as to allow you or us to
give feedback on the decision.
(v) You understand and agree that Registry may delete
material that does not conform to clause (c) above or
that in some other way constitutes a misuse of e-mail
forwarding. You further understand and agree that
Registry is at liberty to block your access to e-mail
forwarding if you use e-mail forwarding in a way that
contravenes this Agreement. You will be given prior
warning of discontinuation of the e-mail forwarding
unless it would damage the reputation of Registry or
jeopardize the security of Registry or others to do so.
Registry reserves the right to immediately discontinue
e-mail forwarding without notice if the technical
stability of e-mail forwarding is threatened in any way,
or if you are in breach of this Agreement. On
discontinuing e-mail forwarding, Registry is not obliged
to store any contents or to forward unsent e-mail to you
or a third party.
(vi) You understand and agree that to the extent either
we and/or Registry is required by law to disclose
certain information or material in connection with your
e-mail forwarding, either we and/or Registry will do so
in accordance with such requirement and without notice
to you.
(vii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to
be bound by the dispute policy that is incorporated
herein and made a part of this Agreement by reference.
You hereby acknowledge that you have read and understood
and agree to be bound by the terms and conditions of the
following documents, as they may be amended from time to
time, which are hereby incorporated and made an integral
part of this Agreement.
(A) the Eligibility Requirements (the “Eligibility
Requirements”), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution
Policy (the “ERDRP”), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy
(the “UDRP”), available at:
http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that
Personal Name domain names and Personal Name SLD e-mail
addresses will be granted on a first-come, first-served
basis. The following categories of Personal Name
Registrations may be registered: (i) the Personal Name
of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service make rights
in that character’s Personal Name; (iii) in addition to
a Personal Name registration, you may add numeric
characters to the beginning or the end of the Personal
Name so as to differentiate it from other Personal
Names.
(ix) The ERDRP applies to challenges to (i) registered
domain names and SLD e-mail address registrations within
.name on the grounds that a Registrant does not meet the
Eligibility Requirements, and (ii) to Defensive
Registrations (as defined by the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and party
other than the Registry or Tucows over the registration
and use of an Internet domain name registered by a
Registrant.
(xi) For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario.
32. ccTLD’S (a) .at Domains. In the case of a “.at”
registration, the following terms and conditions will
apply:
(i) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any
pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at
http://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.
(b) .be Domains. In the case of a “.be” registration,
the following terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any
pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at
http://www.dns.be/en/home.php?n=51. You are responsible
for monitoring the Registry’s site on a regular basis.
In the event that you do not wish to be bound by a
revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding
such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to
be bound by the .be Dispute Policy that is incorporated
herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found
at http://www.dns.be/en/home.php?n=53.
(c) .ca Domains. In the case of a “.ca” registration,
the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to
be bound by the Dispute Policy, which is incorporated
herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found
at http://www.cira.ca/en/cat_Dpr.html. Please take the
time to familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration
of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a Registry
adopted policy, (1) to correct mistakes by Tucows or the
Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
(iii) Transfer of Ownership. Any transfer of ownership
in and to a domain name registration shall be affected
in accordance with registry policies and procedures.
(iv) Registry Agreement and Policy. You acknowledge and
understand that by accepting the terms and conditions of
this agreement you shall be bound by the Registry’s
Registrant Agreement, the Registry’s policies and any
pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at
http://www.cira.ca/en/doc_Registrar.html. You are
responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry
agreement or policy, your sole remedy is to cancel your
domain name registration by following the appropriate
Registry policy regarding such cancellation.
(v) You acknowledge and agree that the Registry shall
not be liable to you for any loss, damage, or expense
arising out of the Registry’s failure or refusal to
register a domain name, it’s failure or refusal to renew
a domain name registration, it’s registration of a
domain name, it’s failure or refusal to renew a domain
name registration, it’s renewal of a domain name
registration, it’s failure or refusal to transfer a
domain name registration, it’s transfer of a domain name
registration, it’s failure or refusal to maintain or
modify a domain name registration, it’s maintenance of a
domain name registration, it’s modification of a domain
name registration, it’s failure to cancel a domain name
registration or it’s cancellation of a domain name
registration from the Registry;
(d) .cc Domains. In the case of a “.cc” registration,
the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to
be bound by the Dispute Policy that is incorporated
herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found
at http://www.nic.cc/policies/dispute.html. Please take
the time to familiarize yourself with this policy.
(ii) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at:
http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
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.
(e) .ch Domains. In the case of a “.ch” registration,
the following terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any
pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at
http://www.switch.ch/id/terms. You are responsible for
monitoring the Registry’s site on a regular basis. In
the event that you do not wish to be bound by a revision
or modification to any Registry policy, your sole remedy
is to cancel your domain name registration by following
the appropriate Registry policy regarding such
cancellation.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to
be bound by the .ch Dispute Policy that is incorporated
herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found
at http://www.switch.ch/id/disputes/rules. Please take
the time to familiarize yourself with this policy.
(f) .cn Domains. In the case of a “.cn” registration,
the following terms and conditions shall apply:
(i) “Registry” means the China Internet Network
Information Center, which is the authority responsible
for the administration of the national top-level domain
of the People’s Republic of China and the Chinese domain
name system;
(ii) “Registry Gateway” means the service provided by
the Registry Operator that facilitates the registration
of .cn domain names by registrars operating outside of
the People’s Republic of China;
(iii) “Registry Operator“ means Neustar, Inc., the
company authorized to facilitate the registration of .cn
domain names by registrars operating outside of the
People’s Republic of China.
(iv) Restrictions. You agree that you shall not register
or use a domain name that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the
Constitution of the Peoples Republic of China (“PRC”);
(B) jeopardize national security, leak state secrets,
intend to overturn the government or disrupt the
integrity of the PRC;
(C) harm national honour and national interests of the
PRC;
(D) instigate hostility or discrimination between
different nationalities or disrupt the national
solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt
social stability of the PRC;
(F) spread pornography, obscenity, gambling, violence,
homicide, terror or instigate crimes in the PRC;
(G) insult, libel against others and infringe other
people’s legal rights and interests in the PRC; or
(H) take any other action prohibited in laws, rules and
administrative regulations of the PRC.
(v) Business or Organization Representation. .cn domain
name registrations are intended for businesses and
organizations and not for individual use. By registering
a .cn name, you accordingly represent that you have
registered the domain name on behalf or a business or
organization. It should be noted that, although .cn
policy is permissive in terms of registration, and
enforcement is generally in reaction to a complaint (as
opposed to proactive review), registrations that are not
associated with an organization or business may be
subject to deletion. The foregoing prevents an
individual from registering a .cn domain name for a
business operating as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and
conditions of the CNNIC Domain Name Dispute Policy &
Rules for CNNIC Dispute Resolution Policy (“Dispute
Policy”), as they may be amended from time to time,
which are hereby incorporated and made an integral part
of this Agreement. The Dispute Policy is currently found
at:
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute
Policy, Registrars must comply with all reasonable
requests from the applicable domain name dispute
resolution institutions including the provision of all
relevant evidence in any domain name disputes in the
specified time frames.
(viii) If we are notified that a complaint has been
filed with a judicial or administrative body regarding
your use of our domain name registration services, you
agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make
changes to such domain name record until (i) we are
directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the
other party contesting your registration and use of our
domain name registration services that the dispute has
been settled. Furthermore, you agree that if you are
subject to litigation regarding your registration and
use of our domain name registration services, we may
deposit control of your domain name record into the
registry of the judicial body by supplying a party with
a registrar certificate from us.
(ix) Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the Peoples
Republic of China’s governmental agencies and the China
Internet Network Information Centre (“CNNIC”), including
but not limited to the following rules and regulations:
(A) Provisional Administrative Rules for Registration of
Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of
Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the
policies of the CNNIC, as they may be amended from time
to time.
(x) Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, CNNIC or government-adopted
policy, or pursuant to any registrar or registry
procedure not inconsistent with a CNNIC or
government-adopted policy, (1) to correct mistakes by a
party in registering the name, (2) for the resolution of
disputes concerning the domain name, (3) to protect the
integrity and stability of the registry, (4) to comply
with any applicable laws, government rules or
requirements, requests of aw enforcement, (5) to avoid
any liability, civil or criminal, on the part of Tucows,
Registry Operator or CNNIC, as well as their affiliates,
subsidiaries, directors, representatives, employees and
stockholders or (6) for violations of this Agreement.
Tucows, Registry Operator and CNNIC also reserve the
right to “freeze” a domain name during the resolution of
a dispute.
(xi) Jurisdiction. For the adjudication of disputes
concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s
domicile, (2) where Tucows is located, and (3) the
People’s Republic of China.
(xii) Governing Law. For the adjudication of a dispute
concerning or arising from use of a .cn domain, such
dispute will be governed under the Laws of the Peoples
Republic of China.
(g) .de Domains. In the case of a “.de” registration,
the following terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines and
have provided your Reseller with written confirmation of
same;you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines and
have provided your Reseller with written confirmation of
same;
(B) either you, or the person designated as the
administrative contact for the domain name, shall be
resident or shall have a branch in Germany;
(C) to the best of the your knowledge and belief,
neither this registration of a domain name nor the
manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party and,
further, that the domain name is not being registered
for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever.
(ii) Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is
challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of
law. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold
us harmless pursuant to the terms and conditions
specified by the Registry or any court of law.
(iii) Registry Policies. You agree to be bound by the
Registry’s Registration Terms and Conditions and the
Registration Guidelines. English language translations
of the Registry’s documents are provided for
convenience; in the event of a discrepancy between the
English and the German language agreements, the terms of
the German agreement will prevail. The Registry
documents may be found at:
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
(h) .eu domains. In the case of a “.eu” registration,
the following terms and conditions will apply:
(i) 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.
(ii) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website.
Registration policies of the Registry and the terms and
conditions applicable to your .eu registration may be
found at: http://www.eurid.eu/en/general/launch. 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.
(iii) 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.
(i) .fr Domains. In the case of a “.fr” registration,
the following terms and conditions will apply:
(i) Representation of Registrant. .fr domain names are
available for registration to companies and persons who
fulfill the following criteria. As a condition of
registration, you accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in France; (or),
(II) which possess an address in France which is
expressly listed in the public electronic databases of
the registrars of the commercial courts or the National
Statistical and Economic Studies Institute (INSEE),
(or),
(III) State institutions or departments, local
authorities or associated establishments, (or),
(IV) which own a trademark registered with the National
Intellectual Property Institute or own a registered EU
or international trademark which expressly includes
French territory.
(ii) Administrative Contact. Each registrant must
designate an administrative contact to act as a
coordinator between the registrant and the Registry. In
the case of .fr registrations, the administrative
contact must be based in France where it can receive
legal and other documents.
(iii) Registry Policies. You agree to be bound by the
Registry’s Naming Charter, its registration rules for
.fr. English language translations of the Registry’s
documents are provided for convenience. The Registry
documents may be found at:
www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is
challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of
law. The current .fr dispute resolution policy and
procedures can be found at
http://www.afnic.fr/doc/ref/juridique/parl. You agree
that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless
pursuant to the terms and conditions specified by the
Registry or any court of law.
(j) .it Domains. In the case of a “it” registration, the
following terms and conditions shall apply:
(i) Registration Criteria. Registration of an .it name
is restricted to subjects belonging to a member state of
the European Union. Individuals and associations
operating without a VAT number or a fiscal code are
limited to a single domain name registration.
(ii) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at
http://www.nic.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.
(k) .nl Domains. In the case of a “.nl” registration,
the following terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl domain
name is unrestricted save and except that applicants who
are not based in the Netherlands or who do not have a
registered address in the Netherlands must provide an
address in the Netherlands where written documents can
be sent to the applicant and where legal summonses can
be served.
(ii) Registry Policies. You agree to be bound by the
policies of the Registry including but not limited to
the Registry’s Registration Regulations. English
language translations of the Registry’s documents are
provided for convenience and may be found at:
http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.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.
(l) .tv Domains. In the case of a “.tv” registration,
the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a
domain name to us from another Registrar, you agree to
be bound by the Dispute Policy that is incorporated
herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found
at http://www.icann.org/dndr/udrp/policy.htm. Please
take the time to familiarize yourself with this policy.
(ii) Policy . You agree that your registration of the
.tv domain name shall be subject to suspension,
cancellation, or transfer pursuant to any ICANN or
government adopted policy, or pursuant to any Registrar
or registry procedure not inconsistent with an ICANN or
government-adopted policy, (1) to correct mistakes by us
or the applicable Registry in registering the name or
(2) for the resolution of disputes concerning the domain
name. You acknowledge that you have reviewed the .tv
General Terms of Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
(m) .uk Domains. In the case of a .uk registration, the
following terms and conditions will apply:
(i) “Nominet UK” means the entity granted the exclusive
right to administer the registry for .uk domain name
registrations.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to
be bound by the Dispute Policy which is incorporated
herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found
at: http://www.nominet.org.uk/disputes/. Please take the
time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your
registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any
Nominet UK-adopted policy, term or condition, or
pursuant to any registrar or registry procedure not
inconsistent with an Nominet UK-adopted policy, (1) to
correct mistakes by a registrar or the registry in
registering the name, or (2) for the resolution of
disputes concerning the domain name. The current Nominet
UK terms and conditions can be found at:
http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into
two contracts – one contract with Tucows and/or Reseller
and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your
behalf by submitting your application to Nominet for
you, however, you will still be entering into a direct
contract between you and Nominet UK. This is a separate
contract from this agreement; may be found at
http://resellers.tucows.com/contracts/uk/ukterms. Tucows
and Reseller must also make you aware that by accepting
Nominet’s terms and conditions you are consenting to
Nominet using your personal data for a variety of
reasons. In particular, your name and address may be
published as part of Nominet’s Whois look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in
accordance with Nominet UK policies and procedures.
(n) .us Domains. In the case of a “.us” registration,
the following terms and conditions will apply:
(i) “DOC” means the United States of America Department
of Commerce.
(ii) “.us Nexus Requirement”. Only those individuals or
organizations that have a substantive lawful connection
in the United States are permitted to register for
.usTLD domain names. Registrants in the .usTLD must
satisfy the nexus requirement (“Nexus” or “Nexus
Requirements”) set out at:
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and
represent that:
(A) You have and shall continue to have, a bona fide
presence in the United States on the basis of real and
substantial lawful contacts with, or lawful activities
in, the United States as defined in Section (ii)
hereinabove;
(B) The listed name servers are located within the
United States;
(C) The data provided in the domain name registration
application is true, correct, up to date and complete,
and that you will continue to keep all of the
information provided correct, up-to-date and complete;
(D) To the best of the your knowledge and belief,
neither this registration of a domain name nor the
manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party;
(E) That the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(E) You have the authority to enter into this
Registration Agreement.
(iv) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a
domain name to us from another registrar, you agree to
be bound by the Dispute Policy and the usDRP, as defined
below, that is incorporated herein and made a part of
this Agreement by reference. Please take the time to
familiarize yourself with these policies.
(v) 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.
(vi) 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.
(vii) Indemnity. The DOC shall be added to the parties
you have agreed to indemnify in Section 13 hereinabove.
(viii) 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;
(ix) 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.
(x) 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.
33. WHOIS PRIVACY SERVICE. The following terms and
conditions will apply if you subscribe to the Whois
Privacy Service: (a) Subscribers to the Whois Privacy
Service have elected to include the following
information in the publicly available Whois Registry:
(i) Contactprivacy.com shall appear as the Registrant
and Contacts name(s);
(ii) Tucows’ postal address and a Tucows assigned email
address and telephone number shall appear on behalf of
the Registrant and the Contact(s);
(iii) The primary and secondary nameservers shall be
those designated by the Registrant;
(iv) The original date of registration and the
expiration of each domain name;
(v) Tucows will be identified as the registrar of
record.
(b) You understand and agree that the Registrant and
Contact Information that you have provided will be kept
on file. You further agree and warrant that you will
ensure that the Whois Information is true, accurate and
up to date.
(c) You will will retain complete control over the
domain name and its registration records and may suspend
and reinstate the Whois Privacy Service at your
discretion.
(d) The Whois Privacy Service may be used with both new
and existing domain name registrations. You may use the
Whois Privacy Service with respect to a domain name that
has been transferred but it will only commence after the
transfer has been completed. If you wish to transfer the
domain name to a different registrar,the Whois Privacy
Service must be disabled in order to initiate the
transfer.
(e) We will send all obligatory renewal and transfer
related messages to the Contacts you have designated.
(f) Communications Forwarding. Communications received
with respect to a particular domain name registration
will be handled as follows:
(i) We will forward to you or a Contact all
correspondence received by registered mail or traceable
courier. This information may be opened, scanned and
emailed to you or your Contact.. Regular postal mail
will be discarded or returned to sender at our
discretion.
(ii) Email correspondence will be forwarded according to
the instructions of the Registrant as they appear in our
records.
(iii) A voice mail message will advise all callers that
inbound messages will not be accepted; calls will be
directed to the contactprivacy.com web site where
written messages will be forwarded according to your
instructions.
(iv) We will only be responsible for forwarding
communications where our details have appeared in the
whois and when your Whois Information is accurate,
complete and up to date.
(g) Right to Suspend and Disable. We shall have the
right, at our sole discretion and without liability to
you or any of your Contacts, suspend or cancel your
domain name and to reveal Registrant and Contact Whois
Information in certain circumstances, including but not
limited to the following:
(i) when required by law;
(ii) in the good faith belief that disclosure is
necessary to further determination of an alleged breach
of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including
but not limited to ICANN’s or a Registry’s dispute
resolution policy;
(v) to avoid financial loss or legal liability
(v) to avoid financial loss or legal liability
(vi) if we believe that you or one of your Contacts is
using the Whois Privacy Service to conceal involvement
with illegal, illicit, objectionable or harmful
activities; or
(vii) to transmit SPAM, viruses, worms or other harmful
computer programs.
(h) You understand and agree that, in the event that we
receive a formal complaint, notice of claim or UDRP,
that we will have the right to disable the Whois Privacy
Service pending final disposition of the matter.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.
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