|
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 Kriter Internet Hizmetleri Bil.Tur.Rek.San.Tic.Ltd.STI.
, 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 and you will receive a share of the proceeds received
from the new registrant. Tucows will send an email to the last
address you have provided advising you of the sale and your interest
in same. At present, we agree to pay you forty (40) per cent of
the net proceeds of any such auction. You will have one (1) year
following the issue of the email to claim your share of the proceeds.
Any amounts not claimed within one (1) year will be deemed to
have been abandoned by you and will be deposited by us for our
own account.
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/drs/policy/. 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.
|
Exhibit
A - Registration Agreement