Form of Registration
Agreement
Registration Agreement
1. AGREEMENT. In this Registration
Agreement ("Agreement") "you" and "your" refer to each customer,
"we", us" and "our" refer to TUCOWS.com Inc. and "Services"
refers to the domain name registration provided by us as
offered through GO Concepts, Inc., the Registration Service
Provider ("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, to the best of the your knowledge and belief,
neither the registration of the SLD name nor the manner
in which it is directly or indirectly used infringes the
legal rights of a third party and that the Domain Name is
not being registered for any unlawful purpose.
3. FEES. As consideration for the services
you have selected, you agree to pay to us, or your respective
RSP who remits payment to us on your behalf, 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").
You, by completing and submitting this Agreement represent
that the statements in your application are true.
4. TERM. You agree that the Registration
Agreement will remain in full force during the length of
the term of your Domain Name Registration. Should you choose
to renew or otherwise lengthen the term of your Domain Name
Registration, then the term of this Registration Agreement
will be extended accordingly. This Agreement will remain
in full force during the length of the term of your Domain
Name Registration 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 will be extended
accordingly. Should you transfer your domain name or should
the domain name otherwise be transferred due to another
Registrar, the terms and conditions of this contract shall
cease and shall be replaced by the contractual terms in
force for the purpose of registering domain names then in
force between SLD holders and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You
agree, during the period of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement. Any
such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s)
on our web site, or on notification to you by e-mail or
regular mail as per the Notices section of this agreement.
You agree to review our web site, including the Agreement,
periodically to be aware of any such revisions. If you do
not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by
e-mail or regular mail as per the Notices section of this
agreement. Notice of your termination will be effective
on receipt and processing by us. You agree that, by continuing
to use the Services following notice of any revision to
this Agreement or change in service(s), you shall abide
by any such revisions or changes. You further agree to abide
by the ICANN Uniform Dispute Resolution Policy ("Dispute
Policy") as amended from time to time. You agree that, by
maintaining the reservation or registration of your domain
name after modifications to the Dispute Policy become effective,
you have agreed to these modifications. You acknowledge
that if you do not agree to any such modifications, you
may request that your domain name be deleted from the domain
name database.
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. Please
safeguard your Account Identifier and Password from any
unauthorized use. In no event will we be liable for the
unauthorized use or misuse of your Account Identifier or
Password.
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 which 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 agree
that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject
to the provisions specified in the Dispute Policy in effect
at the time of the dispute. You agree that in the event
a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. For any dispute,
you agree to submit to the jurisdiction of the courts of
The Province of Ontario.
9. ICANN POLICY. You agree that your
registration of the SLD name shall be subject to suspension,
cancellation, or transfer pursuant to any ICANN-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with an ICANN-adopted policy, (1) to correct
mistakes by Registrar or the Registry in registering the
name or (2) for the resolution of disputes concerning the
SLD name.
10. AGENCY. Should you intend to license
use of a domain name to a third party you shall nonetheless
be the SLD 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 SLD. You
shall accept liability for harm caused by wrongful use of
the SLD, unless you promptly disclose the identity of the
licensee to the party providing you reasonable evidence
of actionable harm. You also represent that you have provided
notice of the terms and conditions in this Agreement to
the third party and that the third party agrees to the terms
of Disclosure and Use of Registration Information (sections
18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP 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). We and our contractors
shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use
or inability to use any of the Services or for the cost
of procurement of substitute services. Because some states
do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, our
liability is limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but
not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your account
identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement;
(6) loss or liability resulting from the interruption of
your Service. You agree that we will not be liable for any
loss of registration and use of your domain name, or for
interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been
advised of the possibility of such damages. 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 and affiliates harmless from all liabilities,
claims and expenses, including without limitation Network
Solutions, Inc., and the directors, officers, employees
and agents of each of them, 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 with your computer, of any intellectual
property or other proprietary right of any person or entity,
or from the violation of any of our operating rules or policy
relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy. When we are
threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify
us; your failure to provide those assurances may be considered
by us to be a breach of your Agreement and may result in
deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. The person
named as administrative contact at the time the controlling
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.
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 agree that, by
registration or reservation of your chosen domain name,
such registration or reservation does not confer immunity
from objection to either the registration, reservation,
or use of the domain name.
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
such that we can continue to improve 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 ICANN and applicable laws may require or permit.
You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors,
some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through
our WHOIS service) or other purposes as required or permitted
by ICANN and the applicable laws. You hereby consent to
any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a
domain name (including any updates to such information),
whether during or after the term of your registration of
the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such
disclosure or use of your domain name registration information
by us. You may access your domain name registration information
in our possession to review, modify or update such information,
by accessing our domain manager service, or similar service,
made available by us through your 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 access
or 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 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
SLD registration.
21. RIGHT OF REFUSAL. We, in our sole
discretion, reserve the right to refuse to register or reserve
your chosen domain name or register you for other Services
within thirty (30) calendar days from receipt of your payment
for such services. In the event we do not register or reserve
your domain name or register you for other Services, or
we delete your domain name or other Services within such
thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result from our refusal
to register, reserve, or delete your domain name or register
you for other Services.
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 Policy 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
regular mail. In the case of e-mail, valid notice shall
only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender.
In the case of e-mail notification to us or to the RSP to
lhutz@tucows.com or noc@go-concepts.com or, in the case
of notice to you, at the e-mail address provided by you
in your WHOIS record. Any e-mail communication shall be
deemed to have been validly and effectively given on the
date of such communication, if such date is a business day
and such delivery was made prior to 4:00 p.m. EST, otherwise
it will be deemed to have been delivered on the next business
day. In the case of regular mail notice, valid notice shall
be deemed to have been validly and effectively given 5 business
days after the date of mailing and, in the case of notification
to us or to the RSP shall be sent to: TUCOWS.com Inc. Registrant
Affairs Office 96 Mowat Avenue Toronto, Ontario M6K 3M1
- 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.
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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