Form of Registration
Agreement
.CC 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 the Services.
2. SELECTION OF A DOMAIN NAME. You
represent that, 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 and, further, that
the domain name is not being registered for nor shall it
at any time whatsoever be used for any unlawful purpose
whatsoever.
3. FEES. As consideration for the Services
, 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 Account Information and all other
statements put forth in your application are true, complete
and accurate. Both Tucows and the Registry reserve the
right to terminate your domain name registration if:
(i) information provided by you
or your agent is false, inaccurate, incomplete, unreliable,
misleading or otherwise secretive; or
(ii) you have failed to maintain, update and keep your
Account Information true,
current, complete, accurate and reliable. You acknowledge
that a violation of this Section 3 will constitute a
material breach of this agreement which will entitle
either us or the Registry to terminate this agreement
immediately without any refund and without notice to
you.
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 either
we or the Registry 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 Registry dispute policy (“Dispute Policy”)
as presently written and posted on http://www.nic.cc/policies/dispute.html
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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
8. 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. 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. You acknowledge
that neither we nor the Registry screen or otherwise review
your domain name application to verify that you have the
legal right to use a particular word or term. You are strongly
encouraged to perform a trademark search with respect to
the words and/or phrases comprising your domain name prior
to applying for registration of the domain. You agree that
you will be solely liable in the event that your use of
a domain constitutes an infringement or other violation
of a third party’s rights.
9. POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation,
or transfer pursuant to a Tucows, Registry, regulatory or
government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, Registry,
regulatory or government-adopted policy,
- to correct mistakes by us or the Registry in registering
the name, or
- for the resolution of disputes concerning the domain
name. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be
bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are
posted on the Registry website at http://www.nic.cc. You
are responsible for monitoring the Registry’s site on
a regular basis. In the event that you do not wish to
be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation.
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
any 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, including but
not limited to Verisign, Inc. and eNic Corporation, 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 mis-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.
13. INDEMNITY.
You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors, affiliates and third
party beneficiaries, including but not limited to Verisign,
Inc. and eNic Corporation, 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. SCOPE OF REGISTRATION.
You
will be entitled to exclusive use of the domain name during
the term of the registration. Notwithstanding the foregoing,
you shall not use, display, exploit or register a domain
name which action may constitute illegal activity or be
in contravention or violation of a Tucows or Registry policy.
You acknowledge that a breach of this clause will constitute
a material breach of this agreement which will entitle either
Tucows or the Registry to terminate this agreement immediately
upon such breach without any refund. In addition, both we
and/or the Registry may, in our sole discretion, refuse
registration of your desired domain name within thirty (30)
calendar days from receipt of payment. Neither Tucows nor
the Registry shall be liable for any loss, damage or other
injury whatsoever resulting from any refusal to register
your desired domain name.
15. 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.
16. 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 fifteen (15) 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.
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.
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:
(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.
20. DISCLOSURE
AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that either we and/or the Registry may make directly available
to third parties or publicly available, some or all, of
the Account Information for inspection through our WHOIS
service and for any other purposes as may be required or
permitted by applicable laws or policies. You hereby irrevocably
waive and release Tucows and/or the Registry from any and
all claims and causes of action you may have arising from
any disclosure, use, or unauthorized access of your Account
Information.
21. REVOCATION.
Your willful 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.
22. 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. 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 within a thirty
(30) day period following registration if we believe the
registration has been made possible by a mistake, made either
by us or by a third party.
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 Policy
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 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. E.S.T., 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 five (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.
27.
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.
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. FORCE MAJEURE. You
acknowledge and agree that neither we nor the Registry shall
be responsible for any failure or delay in performing our
respective obligations hereunder arising from any cause
beyond our reasonable control, including but not limited
to, acts of God, acts of civil or military authority, fires,
wars, riots, earthquakes, storms, typhoons and floods.
31. 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.
32. 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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