Registration Agreement
SCHEDULE A
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement")
"Registrant", "you" and "your"
refer to the registrant of each domain name registration,
"we", "us" and "our"
refer to TUCOWS Inc., "Registry Operator"
refers to NeuStar Inc., "DOC" refers to
the United States of America Department of Commerce,
and "Services" refers to the domain name
registration provided by us as offered through GO
Concepts ("RSP"). This Agreement explains
our obligations to you, and explains your obligations
to us for various Services.
2. .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
3. SELECTION OF A DOMAIN NAME. You certify and represent
that:
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 2 hereinabove.
The listed name servers are located within the United
States;
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;
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;
That the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
You have the authority to enter into this Registration
Agreement.
4. 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.
5. 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.
6. 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
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 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.
7. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain
your own records appropriate to document and prove
the initial registration date of the domain name.
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.
8. 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.
9. 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:
The Nexus Dispute Policy ("Dispute Policy), available
at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
The Dispute Policy will provide interested parties
with an opportunity to challenge a registration not
complying with the Nexus Requirements.
The usTLD Dispute Resolution Policy ("usDRP").
The usDRP is intended to provide interested parties
with an opportunity to challenge a registration based
on alleged trademark infringement. 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,
where Tucows is located, and
the United States.
10. 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.
11. 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. You acknowledge and agree
that the domain name has not been registered solely
for the purposes of selling, trading or leasing for
compensation and will be used for a business or commercial
purpose.
12. 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.
13. 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.
14. INDEMNITY. You agree to release, indemnify, and
hold us, the Registry Operator, the DOC, our respective
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
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. This indemnification
obligation will survive the termination or expiration
of this agreement.
15. 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 user name and password are secured
shall be deemed to be 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. Your domain name may 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.
16. BREACH. You agree that failure to abide by any
provision of this Agreement including but not limited
to any failure to abide by the Nexus Requirements,
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.
17. 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.
18. 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. If you license use
of the domain name, you nonetheless agree that you
shall accept any and all liability for any harm caused
by said licensed use and suffered by Tucows, the Registry
Operator and/or the DOC. 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.
19. 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 full name, postal address, e-mail address and
telephone number and fax number (if available) (or,
if different, that of the domain name holder);
The domain name being registered;
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;
The IP addresses and names of the primary nameserver
and any secondary nameserver(s) for the domain name;
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
RSP.
20. DISCLOSURE AND USE OF 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 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.
21. 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 DOC or Registry Operator policy.
22. 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. 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 following registration
if we believe the registration has been made possible
by a mistake, made either by us or by a third party.
We also reserve the right to suspend a domain name
during resolution of a dispute.
23. 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.
24. 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.
25. 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.
26. 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 noc@go-concepts.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
CANADA
Attention: Legal Affairs
- OR -
GO Concepts, Inc.
777 Columbus Ave.
Lebanon, OH 45036
and in the case of notification to you shall be to
the address specified in the "Administrative
Contact" in your WHOIS record
27. ENTIRETY. You agree that this Agreement, the
rules and policies published by Tucows, the DOC and/or
the Registry Operator 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.
28. 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.
29. INFANCY. You attest that you are of legal age
to enter into this Agreement.
30. 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.
