Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the
registrant of each domain name registration and/or
recipient of email forwarding services, "we",
"us" and "our" refer to TUCOWS
Inc., "Registry Operator" refers to The
Global Name Registry Ltd. and "Services"
refers to the domain name registration and email forwarding
provided by us as offered through Go Concepts Inc("RSP").
This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
2. .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.
3. .name REPRESENTATIONS. As a .name domain name
Registrant, you hereby represent that: (i) the registered
domain name or second level domain ("SLD")
email address is your Personal Name. (ii) 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, (iii) 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; (iv) that the domain name
is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(v) the registration satisfies the Eligibility Requirements
found at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and (vi) you have the authority to enter into this
Registration Agreement.
4. EMAIL FORWARDING SERVICES. (i) The Services for
which you have registered may, at your option, include
email forwarding. To the extent you opt to use email
forwarding, you are obliged to do so in accordance
with all applicable legislation and are responsible
for all use of email forwarding, including the content
of messages sent through email forwarding. (ii) You
undertake to familiarize yourself with the content
of and to comply with the generally accepted rules
for Internet and email usage. This includes, but is
not limited to the Acceptable Use Policy, available
at http://www.theglobalname.org/ as well as the following
restrictions. Without prejudice to the foregoing,
you undertake not to use email 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 email, 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 email
forwarding. (iii) Registry Operator reserves the right
to implement additional anti-spam measures, to block
spam or mail from systems with a history of abuse
from entering Registry Operator's email forwarding.
However, due to the nature of such systems, which
actively block messages, Registry Operator 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. (iv) You understand and
agree that Registry Operator may delete material that
does not conform to clause (c) above or that in some
other way constitutes a misuse of email forwarding.
You further understand and agree that Registry Operator
is at liberty to block your access to email forwarding
if you use email forwarding in a way that contravenes
this Agreement. You will be given prior warning of
discontinuation of the email forwarding unless it
would damage the reputation of Registry Operator or
jeopardize the security of Registry Operator or others
to do so. Registry Operator reserves the right to
immediately discontinue email forwarding without notice
if the technical stability of email forwarding is
threatened in any way, or if you are in breach of
this Agreement. On discontinuing email forwarding,
Registry Operator is not obliged to store any contents
or to forward unsent email to you or a third party.
(v) You understand and agree that to the extent either
we and/or Registry Operator is required by law to
disclose certain information or material in connection
with your email forwarding, either we and/or Registry
Operator will do so in accordance with such requirement
and without notice to you.
5. FEES. As consideration for the Services you have
selected, you agree to pay the 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.
6. 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.
7. MODIFICATIONS TO AGREEMENT. You agree that we
may in our sole discretion: (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.opensrs.org/legal/udrp.shtml
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. We will not refund any fees
paid by you if you terminate your agreement with us.
8. 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. You will not be able
to transfer your domain name during the first sixty
(60) days following registration of the domain name
with us. Beginning on the sixty-first (61st) day following
the registration, the policies set forth at: http://www.opensrs.org/dotname_info.shtml
shall apply.
9. 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.opensrs.org/legal/udrp.shtml. Please
take the time to familiarize yourself with this policy.
In addition, 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.
(i) the Eligibility Requirements (the "Eligibility
Requirements"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution
Policy (the "ERDRP"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and (iii) the Uniform Domain Name Dispute Resolution
Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD email addresses
will be granted on a first-come, first-served basis,
except for registrations granted as a result of a
dispute resolution proceeding or during the landrush
procedures in connection with the opening of the Registry
TLD. 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.
The ERDRP applies to challenges to (i) registered
domain names and SLD email 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 Operator)
within .name. The UDRP sets forth the terms and conditions
in connection with a dispute between a Registrant
and party other than Global Name Registry ("Registry
Operator") or Registrar over the registration
and use of an Internet domain name registered by a
Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You
agree that we, in our sole discretion, may modify
our dispute policy. We will post any such revised
policy on our Web site at least thirty (30) calendar
days before it becomes effective. You agree that,
by maintaining the reservation or registration of
your domain name or SLD email address 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 modification, you may terminate
this Agreement. We will not refund any fees paid by
you if you terminate your Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that, if your
use of our domain name registration services is challenged
by a third party, you will be subject to the provisions
specified in our 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 set forth below in this agreement.
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.
12. POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Tucows, Registry Operator,
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.
13. 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.
14. 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.
15. 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 miss-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. You agree that
neither we nor the Registry Operator will have any
liability of any kind for any loss or liability resulting
from (i) the processing of registration requests prior
to live SRS launch, including, without limitation,
your ability or inability to obtain a .name domain
name or SLD email address registration using these
processes; or (ii) any dispute over any .name domain
name, SLD email address, Defensive Registration or
NameWatch Registration (as defined by the Registry
Operator), including the decision of any dispute resolution
proceeding related to any of the foregoing.
16. INDEMNITY. You agree to release, indemnify, and
hold us, the Registry Operator, our contractors, agents,
employees, officers, directors, affiliates and third
party beneficiaries harmless from all liabilities,
claims and expenses, including attorney's fees, of
third parties relating to or arising out of or relating
to the domain name registered 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 both
us and the Registry Operator harmless pursuant to
the terms and conditions contained in the Dispute
Policies. 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.
This indemnification obligation will survive the termination
or expiration of this Agreement.
17. TRANSFER OF OWNERSHIP. The person named as Registrant
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)
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. You acknowledge that you will not be entitled
to change registrars during the first sixty (60) days
following the registration of your domain name.
18. 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 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.
19. 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.
20. 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.
21. 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 full name, postal address, e-mail address
and voice telephone number and fax number (if available)
(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 telephone
number and fax number (if available) telephone numbers
of the administrative contact, the technical contact
and the billing contact for the domain name; (iv)
The IP addresses and names of the primary nameserver
and any secondary nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration
data will be publicly available and accessible on
the Whois directory as required by ICANN and may be
sold in bulk in accordance with ICANN policy. You
further understand and agree that the foregoing registration
data may be transferred internationally.
22. 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.
23. 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
your 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.
24. RIGHT OF REFUSAL. We, and/or Registry Operator,
in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or
register you for other Services, to protect the integrity
and stability of the Registry, to comply with any
applicable laws, government rules or requirements,
requests of law enforcement, in compliance with the
dispute resolution process, or to avoid any liability,
civil or criminal, on our part and/or that of the
Registry Operator, as well as our affiliates, subsidiaries,
officers, directors and employees. We and the Registry
Operator reserve the right to suspend a domain name
during the resolution of a dispute. 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 a 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.
25. We reserve the right to delete or transfer your
domain name following registration if we believe the
registration has been made possible by a mistake,
made either by us or by a third party.
26. 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.
27. NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policies shall be construed as creating
any agency, partnership, or other form of joint enterprise
between the parties.
28. 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.
29. 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 be 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
lhutz@tucows.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
