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- . IN THIS REGISTRATION AGREEMENT ("Agreement"), “Registrant”,
"you" and "your" refers to the Registrant of each domain name
registration, "we", "us" and "our" refers to Tucows.com Co., and
"Services" refers to the domain name registration services provided by us
as offered through AffordHost Inc., the Registration
Service Provider ("Reseller"). Any reference to a "registry," "Registry"
or "Registry Operator" shall refer to the registry administrator of the
applicable TLD or ccTLD. This Agreement explains our obligations to you,
and explains your obligations to us for the Services. By agreeing to the
terms and conditions set forth in this Agreement, you are also agreeing to
be bound by the rules and regulations set forth by a registry for that
particular registry only.
- . SELECTION OF A DOMAIN NAME. You acknowledge and agree that
we cannot guarantee that you will obtain a desired domain name
registration, even if an inquiry indicates that a domain name is available
at the time of your application for same. You represent that, to the best
of the your knowledge and belief, neither the registration of the 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. During the period following
registration of a domain name and the appointment of active name servers,
we may post a stagnant web page and any revenues generated from same shall
be for our own account.
- . FEES. As consideration for the Services, you agree to pay
Reseller the applicable service(s) fees prior to the effectiveness of a
desired domain name registration or any renewal thereof. All fees payable
hereunder are non-refundable even if your domain name registration is
suspended, cancelled or transferred prior to the end of your current
registration term. 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 represent that the Account Information and all other
statements put forth in your application are true, complete and accurate.
Both Tucows and each registry reserves 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 breach of this Section 3 will constitute a material
breach of our Agreement, which will entitle either us or a registry to
terminate this Agreement immediately upon such breach without any refund
and without notice to you.
- . TERM. This Agreement will remain in effect during the term
of your domain name registration as selected, recorded and paid for at the
time of registration or any renewal thereof. Should the domain name be
transferred to another registrar, the terms and conditions of this
Agreement shall cease.
- . MODIFICATIONS TO AGREEMENT. You acknowledge that the
practice of registering and administering domain names is constantly
evolving; therefore, you agree that Tucows may modify this Agreement, or
any other related and/or applicable agreement, as is necessary to comply
with its agreements with ICANN, a registry or any other entity or
individual, as well as to adjust to changing circumstances. All
amendments to this Agreement will be posted on our website. Your continued
use of the domain name registered to you will constitute your acceptance
of this Agreement with any revisions. If you do not agree to any change,
you may request that your domain name registration be cancelled or
transferred to a different accredited registrar. You agree that such
cancellation or request for transfer will be your exclusive remedy if you
do not wish to abide by any change to this Agreement, or any other related
and/or applicable agreement.
- . MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use the 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.
- . NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer immunity from
objection to the registration, reservation or use of the domain name.
- . 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 adopted
by the applicable registry. 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 applicable
policy. If Tucows is notified that a complaint has been filed with a
judicial or administrative body regarding your domain name, Tucows may, at
its sole discretion, suspend your ability to use your domain name or to
make modifications to your registration records until (i) Tucows is
directed to do so by the judicial or administrative body, or (ii) Tucows
receives notification by you and the other party contesting your domain
that the dispute has been settled. Furthermore, you agree that if you are
subject to litigation regarding your registration or use of your domain
name, Tucows may deposit control of your registration record into the
registry of the judicial body by supplying a party with a registrar
certificate from us.
- . POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to
a Tucows, registry, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Tucows, registry,
ICANN or government-adopted policy, (1) to correct mistakes by us or a
registry in registering the name or (2) for the resolution of disputes
concerning the domain name.
- . 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 will secure the agreement of any third party
to the terms and conditions in this Agreement.
- . 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.
- . 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 the initial registration of your domain
name. Tucows and its directors, employees, affiliates, subsidiaries,
agents and third party providers, ICANN and the applicable registries
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.
- . INDEMNITY. You agree to release,
indemnify, and hold
Tucows, its contractors, agents, employees, officers, directors and
affiliates, ICANN, the applicable registries and their respective
directors, officers, employees, agents and affiliates harmless from all
liabilities, claims and expenses, including attorney's fees, of third
parties arising out of or relating to the registration or use of the
domain name registered in your name, whether used by yourself, licensed to
a third party or pursuant to the Whois Privacy Service, including without
limitation infringement by you or a third party with access to your
Account Identifier and Password. You also agree to release, indemnify and
hold us harmless pursuant to the terms and conditions contained in the
applicable 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 the suspension or
cancellation of your domain name. This indemnification obligation will
survive the termination or expiration of this Agreement.
- . TRANSFER OF OWNERSHIP. The person
named as Registrant on
the Whois shall be the registered name holder. The person named as
administrative contact at the time the controlling account identifier and
password are secured shall be deemed the designate of the Registrant with
the authority to manage 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. 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.
- . RENEWALS AND FORFEITURE. Domain
names are registered for a
finite period of time. You will receive reminders immediately prior to
the expiration of your registration inviting you to renew your domain
name. In the event that you fail to renew your domain name in a timely
fashion, your registration will expire and we may, at our discretion,
elect to assume the registration and may hold it for our own account,
delete it or we may sell it to a third party. You acknowledge and agree
that your right and interest in a domain name ceases upon its expiration
and that any expired domain name may be made available for registration by
a third party.
If you fail to renew your registration, your domain name may cease to
resolve and visitors to your site may be redirected to a default page
informing them that the site is no longer in service. This parked or
default page may feature advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a
grace period during which you may re-register the domain name from us.
Additional costs may apply. During this grace period, we may post a parked
page and/or may revise the “Whois” registration records to include either
our information or that of your Reseller. The domain name may also be
listed for auction. If the name is sold during any such auction, it will
be acquired by a third party on a provisional basis and will remain
available for re-registration by you during our stated grace period. If
you do not re-register the domain name during the grace period, the
auction sale will be concluded.
If you fail to renew your domain name registration during the grace
period, you acknowledge that you have abandoned the domain name and that
it is available for sale and registration by any third party.
- . 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.
- . 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.
- . 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:
- Your name and postal address (or, if different, that of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
Any voluntary information we request is collected in order that we can
continue to improve the products and services offered to you through your
Reseller.
- . 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, law
enforcement agencies 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, 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 Reseller.
- We will not process or maintain 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
disclosure, alteration or destruction of that information.
- . OBLIGATION TO MAINTAIN WHOIS. Your
wilful provision of
inaccurate or unreliable information, your wilful failure promptly to
update information provided to us, or any failure to respond to inquiries
by us addressed to the email address of the registrant, the
administrative, billing or technical contact appearing in the Whois
directory with respect to a domain name concerning the accuracy of contact
details associated with the registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the domain
name registration. Any information collected by us concerning an
identified or identifiable natural person (“Personal Data”) will be used
in connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by ICANN or an
applicable registry policy.
- . REVOCATION. We, in our sole
discretion, reserve the right
to deny, cancel, suspend, transfer or modify any domain name registration
to correct a mistake, protect the integrity and stability of the company
and any applicable registry, to comply with any applicable laws,
government rules, or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid any liability,
civil or criminal. You agree that we shall not be liable to you for loss
or damages that may result from our refusal to register or cancel,
suspend, transfer or modify your domain name registration.
- . INCONSISTENCIES WITH REGISTRY POLICIES. In the event that
this Agreement may be inconsistent with any term, condition, policy or
procedure of an applicable registry, the term, condition, policy or
procedure of the applicable registry shall prevail.
- . 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.
- . 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 be given when an electronic confirmation of
delivery has been obtained by the sender. E-mail notification to Tucows
must be sent to lhutz@tucows.com. Any notice to you will be sent 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 five (5) business days after the date of mailing Postal notices to
Tucows shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address
specified in the “Administrative Contact” in your Whois record.
- . ENTIRETY. You agree that this Agreement, the applicable
dispute policy and the rules and policies published by Tucows and any
applicable registry or other governing authority, are the complete and
exclusive agreement between you and us regarding our Services.
- . 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.
- . INFANCY. You attest that you are of legal age to enter
into this Agreement.
- . FORCE MAJEURE. You acknowledge and agree that neither we
nor the applicable registry shall be responsible for any failures or
delays 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.
- . PRIVACY. Information collected about you is subject to the
terms of Tucows’ privacy policy, the terms of which are hereby
incorporated by reference. Tucows’ privacy policy can be found at: http://www.tucows.com/privacy.html
- . 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.
- . TLD’S. The following additional provisions apply to any
domain names that you register through Tucows with the various registries:
- . .com/net Domains: In the case
of a “.com” or “.net” registration, the following terms and conditions
will apply:
- Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies
are subject to modification;
- For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
- . .org Domains: In the case of a “.org” registration, the following terms and conditions will apply:
- Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Dom ain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These
policies are subject to modification;
- For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
- . .info Domains: In the case of a “.info” registration, the following terms and conditions will apply:
- Registrant’s Personal Data. You consent to the use, copying,
distribution, publication, modification, and other processing of
Registrant’s personal data by Afilias, the .INFO registry, and its
designees and agents, in a manner consistent with the purposes specified
pursuant to its contract;
- Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These
policies are subject to modification;
- For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario;
- Reservation of Rights. Tucows and Afilias expressly reserve
the right to deny, cancel, transfer, or modify any registration that
either registrar or Afilias deems necessary, at its discretion, to protect
the integrity and stability of the registry, to comply with any applicable
law, any government rule or requirement, any request of law enforcement,
any dispute resolution process, or to avoid any liability, civil or
criminal, on the part of the registrar and/or Afilias, as well as their
affiliates, subsidiaries, executives, directors, officers, managers,
employees, consultants, and agents. The registrar and Afilias also
reserve the right to suspend a domain name or its registration data during
resolution of a dispute.
- . .biz Domains. In the case of a “.biz” registration, the
following terms and conditions will apply:
- .biz Restrictions. Registrations in the .biz top-level
domain must be used or intended to be used primarily for bona fide business or
commercial purposes. For the purposes of the .biz registration
restrictions, “bona fide business or commercial use” shall mean the bona
fide use or bona fide intent to use the domain name or any content,
software, materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through the DNS:
- to exchange goods, services, or property of any kind;
- in the ordinary course of business; or
- to facilitate (i) the exchange of goods, services,
information or property of any kind; or (ii) the ordinary course of trade
or business.
For more information on the .biz restrictions, which are
incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
- Selection of a Domain Name. You represent that:
- the data provided in the domain name registration
application is true, correct, up to date and complete, and that you will
continue to keep all of the information provided correct, up-to-date and
complete;
- 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;
- that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose
whatsoever;
- 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;
- you have the authority to enter into this Registration
Agreement; and
- the registered domain name is reasonably related
to your business or intended commercial purpose at the time of
registration.
- Provision of Registration Data. As part of the registration
process, you are required to provide us with certain information and to
keep the information true, current, complete, and accurate at all times.
The information includes the following:
- your full name;
- your postal address;
- your e-mail address;
- your voice telephone number;
- your fax number (if applicable);
- the name of an authorized person for contact purposes in
the case of a registrant that is an organization, association, or
corporation;
- the IP addresses of the primary nameserver and any
secondary nameserver for the domain name;
- the corresponding names of the primary and secondary
nameservers;
- the full name, postal address, e-mail address, voice
telephone number, and, when available, fax number of the administrative,
technical, and billing contacts, and the name holder for the domain name;
and
- any remark concerning the domain name that should appear
in the Whois directory.
- You agree and understand that the foregoing registration
data will be publicly available and accessible on the Whois directory as
required by ICANN and/or registry policies, and may be sold in bulk in
accordance with the ICANN agreement.
- 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:
- The Uniform Domain Name Dispute Resolution Policy
(“Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
- The Restrictions Dispute Resolution Criteria and Rules
(“RDRP”), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the “Dispute Policies”).
- The Dispute Policy sets forth the terms and conditions in
connection with a dispute between a Registrant and any party other than
the Registry 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.
- For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
- . .name Domains. In the case of a
“.name” registration, the following terms and conditions will apply:
- .name Restrictions. Registrations in the .name top-level
domain must constitute an individual’s “Personal Name”. For purposes of
the .name restrictions (the “Restrictions”), a “Personal Name” is a
person’s legal name, or a name by which the person is commonly known. A
“name by which a person is commonly known” includes, without limitation, a
pseudonym used by an author or painter, or a stage name used by a singer
or actor.
- .name Representations. As a .name domain name registrant, you
hereby represent that:
- the registered domain name or second level domain (“SLD”)
e-mail address is your Personal Name.
- the data provided in the domain name registration
application is true, correct, up to date and complete and that you will
continue to keep all of the information provided correct, current and
complete,
- 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;
- that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose
whatsoever;
- the registration satisfies the Eligibility Requirements
found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
- you have the authority to enter into this Registration
Agreement.
- . E-mail Forwarding Services. The Services for which
you have registered may, at your option, include e-mail forwarding. To the
extent you opt to use e-mail forwarding, you are obliged to do so in
accordance with all applicable legislation and are responsible for all use
of e-mail forwarding, including the content of messages sent through
e-mail forwarding.
You undertake to familiarize yourself with the content of and to
comply with the generally accepted rules for Internet and e-mail usage.
This includes, but is not limited to the Acceptable Use Policy, available
at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to the
foregoing, you undertake not to use e-mail forwarding:
- to encourage, allow or participate in any form of illegal
or unsuitable activity, including but not restricted to the exchange of
threatening, obscene or offensive messages, spreading computer viruses,
breach of copyright and/or proprietary rights or publishing defamatory
material;
- to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or networks,
including all attempts at guessing passwords, checking or testing the
vulnerability of a system or network or breaching the security or access
control without the sufficient approval of the owner of the system or
network;
- to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing, flooding, Denial
of Service (DoS) attacks, wilful attempts to overload another system or
other forms of harassment; or
- for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited e-mail, junk mail, the use of distribution
lists (mailing lists) which include persons who have not specifically
given their consent to be placed on such distribution list. Users are not
permitted to provide false names or in any other way to pose as somebody
else when using e-mail forwarding.
- Registry reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry’s e-mail forwarding. However, due to the nature of such
systems, which actively block messages, Registry shall make public any
decision to implement such systems a reasonable time in advance, so as to
allow you or us to give feedback on the decision.
- You understand and agree that Registry may delete material
that does not conform to clause (c) above or that in some other way
constitutes a misuse of e-mail forwarding. You further understand and
agree that Registry is at liberty to block your access to e-mail
forwarding if you use e-mail forwarding in a way that contravenes this
Agreement. You will be given prior warning of discontinuation of the
e-mail forwarding unless it would damage the reputation of Registry or
jeopardize the security of Registry or others to do so. Registry reserves
the right to immediately discontinue e-mail forwarding without notice if
the technical stability of e-mail forwarding is threatened in any way, or
if you are in breach of this Agreement. On discontinuing e-mail
forwarding, Registry is not obliged to store any contents or to forward
unsent e-mail to you or a third party.
- You understand and agree that to the extent either we and/or
Registry is required by law to disclose certain information or material in
connection with your e-mail forwarding, either we and/or Registry will do
so in accordance with such requirement and without notice to you.
- 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. You
hereby acknowledge that you have 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.
- the Eligibility Requirements (the “Eligibility
Requirements”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
- the Eligibility Requirements Dispute Resolution Policy
(the “ERDRP”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
- the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), available at: http://www.icann.org/dndr/udrp/policy.htm.
- The Eligibility Requirements dictate that Personal Name domain
names and Personal Name SLD e-mail addresses will be granted on a
first-come, first-served basis. The following categories of Personal Name
Registrations may be registered: (i) the Personal Name of an individual;
(ii) the Personal Name of a fictional character, if you have trademark or
service make rights in that character’s Personal Name; (iii) in addition
to a Personal Name registration, you may add numeric characters to the
beginning or the end of the Personal Name so as to differentiate it from
other Personal Names.
- The ERDRP applies to challenges to (i) registered domain names
and SLD e-mail address registrations within .name on the grounds that a
Registrant does not meet the Eligibility Requirements, and (ii) to
Defensive Registrations (as defined by the Registry) within .name.
- The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than the Registry or
Tucows over the registration and use of an Internet domain name registered
by a Registrant.
- For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
. ccTLD’S
- . .at Domains. In the case of a
“.at” registration, the following terms and conditions will apply:
- Registry Policy. 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.at/en/service/legal_information/terms_conditions/.
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.
- . .be Domains. In the case of a
“.be” registration, the following terms and conditions will apply:
- Registry Policy. 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.dns.be/en/home.php?n=51.
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.
- 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 .be 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.dns.be/en/home.php?n=53.
- . .ca Domains. In the case of a
“.ca” registration, the following terms and conditions will apply:
- 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.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this policy.
- Registry
Policy. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Registry adopted policy, (1) to correct
mistakes by Tucows or the Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
- Transfer of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry policies and
procedures.
- Registry Agreement and Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by the
Registry’s Registrant Agreement, the Registry’s 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.cira.ca/en/doc_Registrar.html.
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 agreement or policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry
policy regarding such cancellation.
- You acknowledge and agree that the Registry shall not be liable to you for any
loss, damage, or expense arising out of the Registry’s failure or refusal
to register a domain name, it’s failure or refusal to renew a domain name
registration, it’s registration of a domain name, it’s failure or refusal
to renew a domain name registration, it’s renewal of a domain name
registration, it’s failure or refusal to transfer a domain name
registration, it’s transfer of a domain name registration, it’s failure or
refusal to maintain or modify a domain name registration, it’s maintenance
of a domain name registration, it’s modification of a domain name
registration, it’s failure to cancel a domain name registration or it’s
cancellation of a domain name registration from the Registry;
- . .cc Domains. In the case of a
“.cc” registration, the following terms and conditions will apply:
- 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.
- Registry
Policy. 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.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
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.
- . .ch Domains. In the case of a
“.ch” registration, the following terms and conditions shall apply:
- Registry Policy. 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.switch.ch/id/terms.
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.
- 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 .ch 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.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this policy.
- . .cn Domains. In the case of a
“.cn” registration, the following terms and conditions shall apply:
- “Registry” means the China Internet Network Information Center, which is the
authority responsible for the administration of the national top-level
domain of the People’s Republic of China and the Chinese domain name
system;
- “Registry Gateway” means the service provided by the Registry Operator that
facilitates the registration of .cn domain names by registrars operating
outside of the People’s Republic of China;
- “Registry
Operator“ means Neustar, Inc., the company authorized to facilitate the
registration of .cn domain names by registrars operating outside of the
People’s Republic of China.
- Restrictions. You agree that you shall not register or use a
domain name that is deemed by CNNIC to:
- be against the basic principles prescribed in the
Constitution of the Peoples Republic of China (“PRC”);
- jeopardize national security, leak state secrets, intend
to overturn the government or disrupt the integrity of the PRC;
- harm national honour and national interests of the PRC;
- instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of the PRC;
- spread rumours, disturb public order or disrupt social
stability of the PRC;
- spread pornography, obscenity, gambling, violence,
homicide, terror or instigate crimes in the PRC;
- insult, libel against others and infringe other people’s
legal rights and interests in the PRC; or
- take any other action prohibited in laws, rules and
administrative regulations of the PRC.
- Business or Organization Representation. .cn domain name registrations are
intended for businesses and organizations and not for individual use. By
registering a .cn name, you accordingly represent that you have registered
the domain name on behalf or a business or organization. It should be
noted that, although .cn policy is permissive in terms of registration,
and enforcement is generally in reaction to a complaint (as opposed to
proactive review), registrations that are not associated with an
organization or business may be subject to deletion. The foregoing
prevents an individual from registering a .cn domain name for a business
operating as a sole proprietorship.
- Domain Name Disputes. You acknowledge having read and understood and agree to be
bound by the terms and conditions of the CNNIC Domain Name Dispute Policy
& Rules for CNNIC Dispute Resolution Policy (“Dispute Policy”), as they
may be amended from time to time, which are hereby incorporated and made
an integral part of this Agreement. The Dispute Policy is currently found
at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
- You acknowledge that, pursuant to the Dispute Policy, Registrars must comply
with all reasonable requests from the applicable domain name dispute
resolution institutions including the provision of all relevant evidence
in any domain name disputes in the specified time frames.
- If we are
notified that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration services, you
agree not to make any changes to your domain name record without our prior
approval. We may not allow you to make changes to such domain name record
until (i) we are directed to do so by the judicial or administrative body,
or (ii) we receive notification by you and the other party contesting your
registration and use of our domain name registration services that the
dispute has been settled. Furthermore, you agree that if you are subject
to litigation regarding your registration and use of our domain name
registration services, we may deposit control of your domain name record
into the registry of the judicial body by supplying a party with a
registrar certificate from us.
- Adherence to Policies. You agree to comply with all applicable laws, regulations
and policies of the Peoples Republic of China’s governmental agencies and
the China Internet Network Information Centre (“CNNIC”), including but not
limited to the following rules and regulations:
- Provisional Administrative Rules for Registration of
Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
- Detailed Implementation Rules for Registration of Domain
Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
- Chinese Domain Names Dispute Resolution Policy (currently
at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
- CNNIC Implementing Rules of Domain Name Registration
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
- You acknowledge that you have read and understood and agree to be bound by the
terms and conditions of the policies of the CNNIC, as they may be amended
from time to time.
- Suspension and Cancellation. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, CNNIC or government-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with a CNNIC or
government-adopted policy, (1) to correct mistakes by a party in
registering the name, (2) for the resolution of disputes concerning the
domain name, (3) to protect the integrity and stability of the registry,
(4) to comply with any applicable laws, government rules or requirements,
requests of aw enforcement, (5) to avoid any liability, civil or criminal,
on the part of Tucows, Registry Operator or CNNIC, as well as their
affiliates, subsidiaries, directors, representatives, employees and
stockholders or (6) for violations of this Agreement. Tucows, Registry
Operator and CNNIC also reserve the right to “freeze” a domain name during
the resolution of a dispute.
- Jurisdiction. For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile, (2) where
Tucows is located, and (3) the People’s Republic of China.
- Governing Law. For the adjudication of a dispute concerning or arising from use of
a .cn domain, such dispute will be governed under the Laws of the Peoples
Republic of China.
- . .de Domains. In the case of a
“.de” registration, the following terms and conditions will apply:
- Selection of a Domain Name. You represent that:
- you have reviewed and have accepted the Registry’s Terms
and Conditions and the Registry’s Guidelines and have provided your
Reseller with written confirmation of same;you have reviewed and have
accepted the Registry’s Terms and Conditions and the Registry’s Guidelines
and have provided your Reseller with written confirmation of same;
- either you, or the person designated as the administrative
contact for the domain name, shall be resident or shall have a branch in Germany;
- 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.
- 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 by the Registry or any court of law. 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
specified by the Registry or any court of law.
- Registry
Policies. You agree to be bound by the Registry’s Registration Terms and
Conditions and the Registration Guidelines. English language translations
of the Registry’s documents are provided for convenience; in the event of
a discrepancy between the English and the German language agreements, the
terms of the German agreement will prevail. The Registry documents may be
found at:
English: |
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
|
German: |
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html |
- . .eu domains. In the case of a
“.eu” registration, the following terms and conditions will apply:
- Eligibility Criteria. .eu domain names are available for
registration to companies and persons who fulfill the following criteria.
As a condition of registration, you accordingly represent that you are:
- an undertaking having its registered office, central
administration or principal place of business within the European
Community;
- an organization established within the European Community
without prejudice to the application of national law, or
- a natural person resident within the European Community.
- Registry Policy. 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. Registration policies of the Registry
and the terms and conditions applicable to your .eu registration may be
found at: http://www.eurid.eu/en/general/launch.
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.
- 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 by the Registry or any court of law.
- . .fr Domains. In the case of a “.fr” registration, the following terms and conditions will apply:
- Representation of Registrant. .fr domain names are available
for registration to companies and persons who fulfill the following
criteria. As a condition of registration, you accordingly represent that
you are:
- A legal entity:
- whose head office is in France; (or),
- which possess an address in France which is expressly
listed in the public electronic databases of the registrars of the
commercial courts or the National Statistical and Economic Studies
Institute (INSEE), (or),
- State institutions or departments, local authorities or
associated establishments, (or),
- which own a trademark registered with the National
Intellectual Property Institute or own a registered EU or international
trademark which expressly includes French territory.
- Administrative Contact. Each registrant must designate an
administrative contact to act as a coordinator between the registrant and
the Registry. In the case of .fr registrations, the administrative contact
must be based in France where it can receive legal and other
documents.
- Registry Policies. You agree to be bound by the Registry’s
Naming Charter, its registration rules for .fr. English language
translations of the Registry’s documents are provided for convenience.
The Registry documents may be found at: http://www.afnic.fr/obtenir/chartes/nommage-fr.
- 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 by the Registry or any court of
law. The current .fr dispute resolution policy and procedures can be found
at http://www.afnic.fr/doc/ref/juridique/parl.
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 specified by the Registry or any court of law.
- . .it Domains. In the case of a “it”
registration, the following terms and conditions shall apply:
- Registration Criteria. Registration of an .it name is
restricted to subjects belonging to a member state of the European Union.
Individuals and associations operating without a VAT number or a fiscal
code are limited to a single domain name registration.
- Registry Policy. 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.it/NA/regole-naming-curr-engl.txt.
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. Additional policies, including transfer
procedures and “netiquette” rules may be found at
http://www.nic.it/NA/index-engl.html.
- . .nl Domains. In the case of a “.nl”
registration, the following terms and conditions shall apply:
- Registration Criteria. Registration of a .nl domain name is
unrestricted save and except that applicants who are not based in the
Netherlands or who do not have a registered address in the Netherlands
must provide an address in the Netherlands where written documents can be
sent to the applicant and where legal summonses can be served.
- Registry Policies. You agree to be bound by the policies of
the Registry including but not limited to the Registry’s Registration
Regulations. English language translations of the Registry’s documents are
provided for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of
_nl_domain_names.html.
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 by the Registry or any court of law. The current .nl dispute
resolution policy and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regula-tions_for_arbitration_on_.nl_domain_names/index.html.
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 specified by the Registry or any court of law.
- . .tv Domains. In the case of a “.tv”
registration, the following terms and conditions will apply:
- 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.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this policy.
- 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.
- . .uk Domains. In the case of a .uk
registration, the following terms and conditions will apply:
- “Nominet UK” means the entity granted the exclusive right to
administer the registry for .uk domain name registrations.
- 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.nominet.org.uk/disputes/.
Please take the time to familiarize yourself with this policy.
- Nominet UK Policy. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Nominet UK-adopted policy, term or condition, or pursuant
to any registrar or registry procedure not inconsistent with an Nominet
UK-adopted policy, (1) to correct mistakes by a registrar or the registry
in registering the name, or (2) for the resolution of disputes concerning
the domain name. The current Nominet UK terms and conditions can be found
at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration with Tucows and/or
Reseller, you will be entering into two contracts – one contract with
Tucows and/or Reseller and one contract with Nominet UK.
Tucows and your
Reseller will act as agents on your behalf by submitting your application
to Nominet for you, however, you will still be entering into a direct
contract between you and Nominet UK. This is a separate contract from
this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by accepting Nominet’s
terms and conditions you are consenting to Nominet using your personal
data for a variety of reasons. In particular, your name and address may
be published as part of Nominet’s Whois look-up service.
- Transfer of Ownership. Any transfer of ownership in and to a
domain name registration shall be affected in accordance with Nominet UK
policies and procedures.
- . .us Domains. In the case of a “.us”
registration, the following terms and conditions will apply:
- “DOC” means the United States of America Department of
Commerce.
- “.us Nexus Requirement”. Only those individuals or
organizations that have a substantive lawful connection in the United
States are permitted to register for .usTLD domain names. Registrants in
the .usTLD must satisfy the nexus requirement (“Nexus” or “Nexus
Requirements”) set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
- Selection of a Domain Name. You certify and represent that:
- You have and shall continue to have, a bona fide presence
in the United States on the basis of real and substantial lawful contacts
with, or lawful activities in, the United States as defined in Section
(ii) hereinabove;
- The listed name servers are located within the United
States;
- The data provided in the domain name registration
application is true, correct, up to date and complete, and that you will
continue to keep all of the information provided correct, up-to-date and
complete;
- 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;
- That the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever;
- You have the authority to enter into this Registration
Agreement.
- 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 and the usDRP, as
defined below, that is incorporated herein and made a part of this
Agreement by reference. Please take the time to familiarize yourself with
these policies.
- 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:
- The Nexus Dispute Policy (“Dispute Policy), available at:
http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity to
challenge a registration not complying with the Nexus Requirements.
- The usTLD Dispute Resolution Policy (“usDRP”) available
at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark infringement.
- In addition to the foregoing, you agree that, for the
adjudication of disputes concerning or arising from use of the Registered
Name, you shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (i) of your domicile,
(ii) where Tucows is located, and (iii) the United States.
- Policy. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, the DOC or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with a
DOC 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. The Registry Operator’s policies can
be found at http://www.neustar.us/policies.
- Indemnity. The DOC shall be added to the parties you have
agreed to indemnify in Section 13 hereinabove.
- 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:
- Your full name, postal address, e-mail address and
telephone number and fax number (if available) (or, if different, that of
the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and telephone
number and fax number (if available) telephone numbers of the
administrative contact, the technical contact and the billing contact for
the domain name;
- The IP addresses and names of the primary nameserver and
any secondary nameserver(s) for the domain name;
- In addition to the foregoing, you will be required to provide additional
Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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 Reseller.
- Disclosure and Use of the Registration Information. You agree
and acknowledge that we will make domain name registration information you
provide available to the DOC, to the Registry Operator, 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 the DOC 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 Reseller.
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.
. WHOIS PRIVACY SERVICE. The following terms and conditions
will apply if you subscribe to the Whois Privacy Service:
- Subscribers to the Whois Privacy Service have elected
to include the following information in the publicly available Whois
Registry:
- Contactprivacy.com shall appear as the Registrant and Contacts
name(s);
- Tucows’ postal address and a Tucows assigned email address and
telephone number shall appear on behalf of the Registrant and the
Contact(s);
- The primary and secondary nameservers shall be those
designated by the Registrant;
- The original date of registration and the expiration of each
domain name;
- Tucows will be identified as the registrar of record.
- You understand and agree that the Registrant and
Contact Information that you have provided will be kept on file. You
further agree and warrant that you will ensure that the Whois Information
is true, accurate and up to date.
- You will will retain complete control over the domain
name and its registration records and may suspend and reinstate the Whois
Privacy Service at your discretion.
- The Whois Privacy Service may be used with both new
and existing domain name registrations. You may use the Whois Privacy
Service with respect to a domain name that has been transferred but it
will only commence after the transfer has been completed. If you wish to
transfer the domain name to a different registrar,the Whois Privacy
Service must be disabled in order to initiate the transfer.
- We will send all obligatory renewal and transfer
related messages to the Contacts you have designated.
- Communications Forwarding. Communications received
with respect to a particular domain name registration will be handled as
follows:
- We will forward to you or a Contact all correspondence received by registered
mail or traceable courier. This information may be opened, scanned and
emailed to you or your Contact.. Regular postal mail will be discarded or
returned to sender at our discretion.
- Email correspondence will be forwarded according to the instructions of the Registrant as they appear in our records.
- A voice mail message will advise all callers that inbound messages will not
be accepted; calls will be directed to the contactprivacy.com web site
where written messages will be forwarded according to your instructions.
- We will only be responsible for forwarding communications where our details
have appeared in the whois and when your Whois Information is accurate, complete and up to date.
- Right to Suspend and Disable. We shall have the
right, at our sole discretion and without liability to you or any of your
Contacts, suspend or cancel your domain name and to reveal Registrant and
Contact Whois Information in certain circumstances, including but not
limited to the following:
- when required by law;
- in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law;
- to comply with a legal process served upon Tucows;
- to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy;
- to avoid financial loss or legal liability
- if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or
- to transmit SPAM, viruses, worms or other harmful computer programs.
- You understand and agree that, in the event that we
receive a formal complaint, notice of claim or UDRP, that we will have the
right to disable the Whois Privacy Service pending final disposition of
the matter.
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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