Form of Registration
Agreement
.BIZ Registration Agreement
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 domain name registration
provided by us as offered through (“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:
(i) the data provided in the domain
name registration application is true, correct, up to
date and complete,
(ii) 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;
(iii) that the domain name is
not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever
(iv) the registered domain name will
be used primarily for bona fide business or commercial
purposes and not (a) exclusively for personal use, or
(b) solely for the purposes of (1) selling, trading or
leasing the domain name for compensation, or (2) the unsolicited
offering to sell, trade or lease the domain name for compensation;
(v) you have the authority to enter
into this Registration Agreement; and
(vi) the registered domain name
is reasonably related to your business or intended commercial
purpose at the time of registration.
3. 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:
- provide certain current, complete
and accurate information about you as required by the
registration process and
- 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.
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:
- revise the terms and conditions
of this Agreement; and
- 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.
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.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
8. 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:
(i) The Uniform Domain Name Dispute
Resolution Policy (“Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute Resolution
Policy (“SUDRP”), available at http://www.neulevel.com/countdown/stop.html;
and
(iii) The Restrictions Dispute Resolution Criteria and Rules
(“RDRP”), available at http://www.neulevel.com/;
(collectively, “Dispute Policies”).
The SUDRP sets forth the terms and conditions
in connection with a dispute between a registrant of a .biz
domain name (“Registrant”) with any third party (other
than Neulevel, Inc. (“Registry Operator”) or Tucows
over the registration or use of a .biz domain name registered
by you that is subject to the Start-up Intellectual Property
Notification Service (“SIPNS”). SIPNS is a service
introduced by Registry Operator to notify a trademark or
service mark holder (“Claimant”) that a second-level
domain name has been registered in which that Claimant claims
intellectual property rights. In accordance with the SUDRP
and its associated Rules, those Claimants will have the
right to challenge registrations through independent ICANN-accredited
dispute resolution providers.
The Dispute Policy sets forth the terms
and conditions in connection with a dispute between a Registrant
and any party other than the Registry Operator or Registrar
over the registration and use of an Internet domain name
registered by Registrant.
The RDRP sets forth the terms under
which any allegation that a domain name is not used primarily
for business or commercial purposes shall be endorsed on
a case-by-case, fact specific basis by an independent ICANN-accredited
dispute provider.
9. 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,
- to correct mistakes by us or the
applicable Registry in registering the name or
- for the resolution of disputes concerning
the domain name.
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:
- loss or liability resulting from
access delays or access interruptions;
- loss or liability resulting from
data non-delivery or data miss-delivery;
- loss or liability resulting from
acts of God;
- loss or liability resulting from
the unauthorized use or misuse of your account identifier
or password;
- loss or liability resulting from
errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement;
- 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 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.
14. 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.
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 willful 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, 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.
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 Policies 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 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 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.
29. 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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