In order that a party may hold a valid .ca domain name
registration, TUCOWS, requires that all registrants adhere to certain terms and
conditions. As an organization or individual applying to register, transfer or
renew an .ca domain name via the agency of Hosting North America and/or TUCOWS you accordingly agree as follows:
AGREEMENT. In this Registration
Agreement ("Agreement") , "we", us" and "our" refer to
TUCOWS Inc. and “Services” refers to the domain name registration, transfer or
renewal services provided by us as offered through Hosting North America, the Registration
Service Provider (“Reseller”). CIRA shall refer to the entity granted the
exclusive right to administer the registry for .ca domain name registrations.
SELECTION OF A DOMAIN NAME. 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 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 Reseller who remits
payment to us on your behalf, the applicable 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 this Agreement
will remain in full force during the term of your domain name registration as selected,
recorded, and paid for upon registration of the domain name. Should you choose to renew
the term of your domain name registration, then the term of this Agreement will be
extended accordingly. Should you transfer your domain name or should the domain name
otherwise be transferred to another Registrar, the terms and conditions of this contract
shall cease and shall be replaced by the contractual terms in force between domain name
registrants 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 CIRA 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 the CIRA website. 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.
CIRA POLICY. You agree that your
registration of the domain name shall be subject to suspension, cancellation, or transfer
pursuant to any CIRA-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with an CIRA-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.
AGENCY. Should you intend to license
use of a domain name to a third party you shall nonetheless be the domain name registrant
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 thedomain name.
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. We and the Reseller 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
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.
- INDEMNITY. You agree to release, indemnify, and hold
us, our contractors, agents, employees,officers, directors and affiliates harmless from
all liabilities, claims and expenses, including attorney's fees, from claims by third
parties, including but not limited to the Reseller and CIRA 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 CIRA 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. This indemnification
obligation will survive the termination or expiration of this Agreement.
- TRANSFER OF OWNERSHIP. Any transfer of ownership in
and to a domain name registration shall be affected in accordance with CIRA policies and
procedures.
- BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy or the Dispute Policy, 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 GUARANTY. You agree that, by registration or
reservation of your chosen domain name, such registration or reservation does not confer
immunity from objection to either the registration, reservation, or use of the domain
name.
- 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:
- Your name and postal address (or, if different, that of the
domain name holder);
- The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact for the domain name;
- The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the domain name.
- The Internet Protocol number of the primary name server and
secondary name server(s) for each domain name registration and the corresponding names of
those name servers.
Any voluntary information we request is collected such that
we can continue to improve the products and services offered to you through your Reseller.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You
agree and acknowledge that we will make domain name registration information you provide
available to CIRA, to the registry administrators, and to other third parties as CIRA 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 CIRA 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 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
- REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update information provided to us,
or any failure to respond to inquiries by us addressed to the email address of the
registrant, the administrative, billing or technical contact appearing in the
“Whois” directory with respect to a domain name concerning the accuracy of
contact details associated with the registration shall constitute a material breach of
this Agreement and be a basis for cancellation of the domain name registration. Any
information collected by us concerning an identified or identifiable natural person
(“Personal Data”) will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as required or permitted by the
ICANN Agreement or an ICANN/Registry Operator policy.
- 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 Reseller to lhutz@tucows.com or [Insert E-mail
Address for Reseller] 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 Reseller shall be sent to:
TUCOWS Com Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
[Insert Reseller address]
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 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.
- 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.
- INCONSISTENCIES WITH CIRA. In the event that this
Agreement may be inconsistent with any term, condition , policy or procedure of CIRA, the
term, condition, policy or procedure of CIRA shall prevail.
- FOREIGN LANGUAGE: Controlling Language. In the event
that you are reading this agreement in a language other than the English language, you
acknowledge and agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
- 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.
|