Form of Registration
Agreement
.INFO 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. If you are registering your name during the finite
period of time when owners of trademarks and service marks
issued prior to October 2, 2000 and having national effect
will have the exclusive opportunity to register identical
domain names (“Sunrise Period”), you agree to comply with
the additional procedures, terms and obligations outlined
at (http://www.opensrs.org/dotinfo_FAQ.shtml). You acknowledge
and agree that registrations for domain names during the
Sunrise Period will only be accepted for a minimum registration
term of five (5) years.
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 have selected, you agree to pay the
RSP the applicable service 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.
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: (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. If you
have registered your name during the Sunrise Period, you
agree to be bound by the Sunrise Dispute Resolution Policy
(“Sunrise Dispute Policy”) found at (http://www.afilias.com/faq/sunrise-challenge.html).
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 Policies
that are incorporated herein and made a part of this Agreement
by reference. The current version of the general registration
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 Sunrise Dispute
Policy or the Dispute Policy, as applicable. 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 Sunrise Dispute
Policy or Dispute Policy, as applicable.
9. POLICY. You agree
that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to a Tucows,
Registry Operator, ICANN or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent
with a Tucows, Registry Operator, ICANN or government-adopted
policy, (1) to correct mistakes by us or the Registry in
registering the name or (2) 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: (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.
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
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.
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. 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. We also reserve the right to suspend a domain
name during resolution of any 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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