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