Form of Registration
Agreement
.TV 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 .tv domain name
registration provided by us as offered through GO Concepts,
Inc. (“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 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 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. Failure
to maintain accurate information will be considered a material
breach of this Agreement and will entitle us to delete your
domain name registration.
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. 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 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.
9. POLICY. You agree that your registration
of the .tv domain name shall be subject to suspension, cancellation,
or transfer pursuant to any ICANN or government adopted
policy, or pursuant to any Registrar or registry procedure
not inconsistent with an ICANN 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. You acknowledge that you have
reviewed the .tv General Terms of Service which may be found
at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
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 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, affiliates and third party beneficiaires 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 administrative contact 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). 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 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 wilful 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.
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
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. 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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