1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain
name registration and/or recipient of e-mail forwarding services,
"we", "us" and "our" refer to Tucows Inc.,
"Registry Operator" refers to The Global Name Registry Ltd. and
"Services" refers to the domain name registration and e-mail
forwarding provided by us as offered through Ironwood Express Web Services ("Reseller"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
2. .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.
3. .name REPRESENTATIONS. As a .name domain name Registrant, you
hereby represent that:
(i) the registered domain name or second level domain ("SLD")
e-mail address is your Personal Name.
(ii) 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,
(iii) 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;
(iv) that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever;
(vi) you have the authority to enter into this Registration Agreement.
4. E-MAIL FORWARDING SERVICES.
(i) 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.
(ii) 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:
(a) 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;
(b) 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;
(c) 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
(d) 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.
(iii) Registry Operator reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry Operator's e-mail forwarding. However, due to the nature
of such systems, which actively block messages, Registry Operator 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.
(iv) You understand and agree that Registry Operator 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 Operator 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 Operator or
jeopardize the security of Registry Operator or others to do so. Registry
Operator 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 Operator is not obliged to store any contents or
to forward unsent e-mail to you or a third party.
(v) You understand and agree that to the extent either we and/or Registry
Operator is required by law to disclose certain information or material in
connection with your e-mail forwarding, either we and/or Registry Operator
will do so in accordance with such requirement and without notice to you.
5. FEES. As consideration for the Services you have selected, you
agree to pay the Reseller 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.
6. 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.
7. MODIFICATIONS TO AGREEMENT. You agree that we may in our sole
discretion: (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://resellers.tucows.com/opensrs/legal
and as such 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. We will not refund any fees
paid by you if you terminate your agreement with us.
8. 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. You will not be able to transfer your domain
name during the first sixty (60) days following registration of the domain
name with us. Beginning on the sixty-first (61st) day following the
registration, the policies set forth at: http://resellers.tucows.com/opensrs/name/bizspecs
shall apply.
9. 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://resellers.tucows.com/opensrs/legal.
Please take the time to familiarize yourself with this policy. In addition,
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 dictate that Personal Name domain names and
Personal Name SLD e-mail addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a
dispute resolution proceeding or during the landrush procedures in
connection with the opening of the Registry TLD. 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 Operator) within .name.
The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than Global Name Registry
("Registry Operator") or Registrar over the registration and use
of an Internet domain name registered by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in
our sole discretion, may modify our dispute policy. We will post any such
revised policy on our website at least thirty (30) calendar days before it
becomes effective. You agree that, by maintaining the reservation or
registration of your domain name or SLD e-mail address after modifications
to the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund any fees
paid by you if you terminate your Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that, if your use of our domain
name registration services is challenged by a third party, you will be
subject to the provisions specified in our dispute policy in effect at the
time of the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions set forth below in this agreement. 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.
12. POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any Tucows,
Registry Operator, 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.
13. 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.
14. 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.
15. 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.
You agree that neither we nor the Registry Operator will have any liability
of any kind for any loss or liability resulting from (i) the processing of
registration requests prior to live SRS launch, including, without
limitation, your ability or inability to obtain a .name domain name or SLD
e-mail address registration using these processes; or (ii) any dispute over
any .name domain name, SLD e-mail address, Defensive Registration or
NameWatch Registration (as defined by the Registry Operator), including the
decision of any dispute resolution proceeding related to any of the
foregoing.
16. INDEMNITY. You agree to release, indemnify, and hold us, the
Registry Operator, 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 out of or relating to the domain name registered 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 both us and the Registry Operator harmless pursuant to
the terms and conditions contained in the Dispute Policies. 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. This indemnification obligation will
survive the termination or expiration of this Agreement.
17. 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 user name 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. 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.
18. 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 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.
19. 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.
20. 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.
21. 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 full name, postal address, e-mail address and voice telephone
number and fax number (if available) (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 telephone number
and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the domain name;
(iv) The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data will be
publicly available and accessible on the Whois directory as required by
ICANN and may be sold in bulk in accordance with ICANN policy. You further
understand and agree that the foregoing registration data may be transferred
internationally.
22. 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
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.
23. REVOCATION. 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 e-mail
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 the ICANN Agreement or an ICANN/Registry Operator policy.
24. RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole
discretion, reserve the right to refuse to register or reserve your chosen
domain name or register you for other Services, to protect the integrity and
stability of the Registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance with the
dispute resolution process, or to avoid any liability, civil or criminal, on
our part and/or that of the Registry Operator, as well as our affiliates,
subsidiaries, officers, directors and employees. We and the Registry
Operator reserve the right to suspend a domain name during the resolution of
a dispute.
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 a
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 following
registration if we believe the registration has been made possible by a
mistake, made either by us or by a third party.
25. 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.
26. 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.
27. 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.
28. 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 be 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 five (5) business days after the date of
mailing and, in the case of notification to us or to Reseller shall be sent
to:
29. ENTIRETY. You agree that this Agreement, the rules and policies
published by Tucows, ICANN and/or the Registry Operator 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.
30. 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.
31. INFANCY. You attest that you are of legal age to enter into this
Agreement.
32. FOREIGN LANGUAGE: Controlling Language. In the event that you are
reading this agreement in a language other than the English language, you
acknowledge and agree that the English language version hereof shall prevail
in case of inconsistency or contradiction in interpretation or translation.
33. 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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