Hosting North America has selected
Tucows Inc. ("TUCOWS") as a provider of domain name registrar services for
Hosting North America customers, in the .com, .net .org, .cc, .tv, .ca,. co.uk, .org.uk,
.biz, and .info, top-level domains. There is no additional charge for the services
provided under this Registration Agreement ("Agreement") other than the fees
payable by you to Hosting North America, as set forth in Hosting North America's Service
Agreement ("Hosting North America Agreement") and disclosed to you when you
initiated your request for domain name services.
If you have already registered your domain
name with another registrar and are currently requesting only Internet hosting services
from Hosting North America, this Agreement will apply only to future requests from you to
Hosting North America for future domain name registrations. You hereby agree to be bound
by this Agreement for any future .com, .net .org, .cc, .tv, .ca,. co.uk, .org.uk, .biz, or
.info domain names that you may register through TUCOWS. Any domain names you currently
hold that are registered with another registrar are governed by your agreement with that
registrar. If you have in the past or wish now to register a domain name for the Cocos
Islands (.CC) or the United Kingdom (.UK), or other countries your registration and use of
these respective domains is governed by your agreement with the national registry in each
country, and is subject to your payment of the applicable Hosting North America Fees as
disclosed to your during the registration process. By applying for the domain name and
through the use or continued use of the domain name, you agree to be bound by the terms of
the relevant national DNS registration authority for the countries of Cocos Islands (.CC)
and United Kingdom (.UK), respectively. Registration does not guarantee the ability to
use, or that a third party will not object to the use of, a domain name.
AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refer to each customer,
"we", us" and "our" refer to Tucows.com Inc. and
"Services" refers to the domain name registration provided by us as offered
through __________________, the Registration Service Provider ("RSP"). This
Agreement explains our obligations to you, and explains your obligations to us for various
Services.
SELECTION OF A DOMAIN NAME. You represent
that, to the best of the your knowledge and belief, neither the registration of the SLD
name nor the manner in which it is directly or indirectly used infringes the legal rights
of a third party and that the Domain Name is not being registered for any unlawful
purpose.
FEES. As consideration for the services you
have selected, you agree to pay to us, or your respective RSP who remits payment to us on
your behalf, 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"). You, by completing and submitting this
Agreement represent that the statements in your application are true.
TERM. You agree that the Registration
Agreement will remain in full force during the length of the term of your Domain Name
Registration. Should you choose to renew or otherwise lengthen the term of your Domain
Name Registration, then the term of this Registration Agreement will be extended
accordingly. This Agreement will remain in full force during the length of the term of
your Domain Name Registration 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 will be extended accordingly.
Should you transfer your domain name or should the domain name otherwise be transferred
due to another Registrar, the terms and conditions of this contract shall cease and shall
be replaced by the contractual terms in force for the purpose of registering domain names
then in force between SLD holders and the new Registrar.
MODIFICATIONS TO AGREEMENT. You agree,
during the period of this Agreement, that we may: (1) revise the terms and conditions of
this Agreement; and (2) change the services provided under this Agreement. Any such
revision or change will be binding and effective immediately on posting of the revised
Agreement or change to the service(s) on our web site, or on notification to you by e-mail
or regular mail as per the Notices section of this agreement. You agree to review our web
site, including the Agreement, periodically to be aware of any such revisions. If you do
not agree with any revision to the Agreement, you may terminate this Agreement at any time
by providing us with notice by e-mail or regular mail as per the Notices section of this
agreement. Notice of your termination will be effective on receipt and processing by us.
You agree that, by continuing to use the Services following notice of any revision to this
Agreement or change in service(s), you shall abide by any such revisions or changes. You
further agree to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute
Policy") as amended from time to time. You agree that, by maintaining the reservation
or registration of your domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. You acknowledge that if you do not
agree to any such modifications, you may request that your domain name be deleted from the
domain name database.
MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with us, you must use your Account Identifier and
Password that you selected when you opened your account with us. Please safeguard your
Account Identifier and Password from any unauthorized use. In no event will we be liable
for the unauthorized use or misuse of your Account Identifier or Password.
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.opensrs.org/legal/udrp.shtml. Please take the time to familiarize
yourself with this policy.
DOMAIN NAME DISPUTES. You agree that, if the
registration or reservation of your domain name is challenged by a third party, you will
be subject to the provisions specified in the Dispute Policy in effect at the time of the
dispute. You agree that in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and conditions contained in
the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts
of The Province/State of Ontario.
ICANN POLICY. You agree that your
registration of the SLD name shall be subject to suspension, cancellation, or transfer
pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the
Registry in registering the name or (2) for the resolution of disputes concerning the SLD
name.
AGENCY. Should you intend to license use of
a domain name to a third party you shall nonetheless be the SLD 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 SLD. You
shall accept liability for harm caused by wrongful use of the SLD, unless you promptly
disclose the identity of the licensee to the party providing you reasonable evidence of
actionable harm. You also represent that you have provided notice of the terms and
conditions in this Agreement to the third party and that the third party agrees to the
terms of Disclosure and Use of Registration Information (sections 18 and 19 of this
Agreement).
ANNOUNCEMENTS. The RSP and 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.
LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). We and our contractors shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting from the use or inability
to use any of the Services or for the cost of procurement of substitute services. Because
some states do not allow the exclusion or limitation of liability for consequential or
incidental damages, in such states, our liability is limited to the extent permitted by
law. We disclaim any and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from the unauthorized use or
misuse of your account identifier or password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information or services(s) provided
under this Agreement; (6) loss or liability resulting from the 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.
INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses, including without limitation Network
Solutions, Inc., and the directors, officers, employees and agents of each of them,
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 with your computer, of any
intellectual property or other proprietary right of any person or entity, or from the
violation of any of our operating rules or policy relating to the service(s) provided. You
also agree to release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with suit by a third party, we may
seek written assurances from you concerning your promise to indemnify us; your failure to
provide those assurances may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
TRANSFER OF OWNERSHIP. The person named as
administrative contact at the time the controlling user name and password are secured
shall be the owner of the domain name. You agree that prior to transferring ownership of
your domain name to another person (the Transferee") you shall require the Transferee
to agree, in writing to be bound by all the terms and conditions of this Agreement. Your
domain name will not be transferred until we receive such written assurances or other
reasonable assurance that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our sole discretion) along
with the applicable transfer fee. If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
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.
NO GUARANTEE. You agree that, by
registration or reservation of your chosen domain name, such registration or reservation
does not confer immunity from objection to either the registration, reservation, or use of
the domain name.
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.
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 such that we can continue to
improve the products and services offered to you through your RSP.
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 ICANN and applicable laws may require or permit. 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 the applicable laws.
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.
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 access or disclosure, alteration or destruction of that
information.
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 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 SLD
registration.
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 within thirty (30) calendar days from receipt of your
payment for such services. In the event we do not register or reserve your domain name or
register you for other Services, or we delete your domain name or other Services within
such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree
that we shall not be liable to you for loss or damages that may result from our refusal to
register, reserve, or delete your domain name or register you for other Services.
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.
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.
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.
NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing and given by sending it via
e-mail or via regular mail. In the case of e-mail, valid notice shall only have been
deemed to have been given when an electronic confirmation of delivery has been obtained by
the sender. In the case of e-mail notification to us or to the RSP to lhutz@Tucows.com or
[Insert E-mail Address for RSP ] or, in the case of notice to you, at 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 the RSP shall
be sent to:
Tucows.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto, Ontario M6K 3M1 - OR
Hosting North America, 155 east Beaver Creek Road, Unit 24, Suite 894, Richmond
Hill, Ontario, Canada, L4C 4Z6 and in the case of notification to you shall be to the
address specified in the "Administrative Contact" in your WHOIS record.
ENTIRETY. You agree that this Agreement, the
rules and policies published by the Dispute Policy and us 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.
GOVERNING LAW. THIS AGREEMENT SHALL BE
GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF Province/State 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.
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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