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Customer's registering a domain name
with ComBase and our wholesale provider must agree to all the terms
listed below.
SCHEDULE B
Form of Registration Agreement
1. AGREEMENT. In this Registration
Agreement ("Agreement") "you" and "your" refer to the registrant
of each domain name registration, "we", “us" and "our" refer to
TUCOWS Inc. and “Services” refers to the domain name registration
provided by us as offered through (“RSP”). This Agreement explains
our obligations to you, and explains your obligations to us for
various Services.
2. SELECTION OF A DOMAIN NAME. You
represent that:
(i) the data provided in the domain
name registration application is true, correct, up to date and complete,
(ii) 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;
(iii) that the domain name is not being
registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever
(iv) 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;
(v) you have the authority to enter
into this Registration Agreement; and
(vi) the registered domain name is reasonably
related to your business or intended commercial purpose at the time
of registration.
3. FEES. As consideration for
the Services you have selected, you agree to pay the RSP the applicable
service(s) fees. All fees payable hereunder are non-refundable.
As further consideration for the Services, you agree to: (1) provide
certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update
this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information
("Account Information"). By submitting this Agreement, you represent
that the statements in your Application are true, complete and accurate.
4. TERM. This Agreement shall
remain in full force during the length of the term of your domain
name registration(s) as selected, recorded, and paid for upon registration
of the domain name. Should you choose to renew or otherwise lengthen
the term of your domain name registration, then the term of this
Registration Agreement shall be extended accordingly. Should the
domain name be transferred to another Registrar, the terms and conditions
of this contract shall cease.
5. MODIFICATIONS TO AGREEMENT. You
agree that we may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement. You agree
to be bound by any such revision or change will which shall be effective
immediately upon posting on our web site or upon notification to
you by e-mail or your country’s postal service pursuant to the Notices
section of this Agreement. You agree to review this Agreement as
posted on our web site periodically to maintain an awareness of
any and all such revisions. If you do not agree with any revision
to the Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail or postal service pursuant to
the Notices section of this Agreement. Notice of your termination
shall be effective after processing by us. You agree that, by continuing
the use of Services following notice of any revision to this Agreement
or change in service(s), you shall be bound by any such revisions
and changes. You further agree to be bound by the ICANN Uniform
Dispute Resolution Policy (“Dispute Policy”) as presently written
and posted on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. You acknowledge that
if you do not agree to any such modifications, you may request that
your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us,
you must use your Account Identifier and Password that you selected
when you opened your account with us. You agree to safeguard your
Account Identifier and Password from any unauthorized use. In no
event shall we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If
you reserved or registered a domain name through us, or transferred
a domain name to us from another registrar, you agree to be bound
by the Dispute Policy that is incorporated herein and made a part
of this Agreement by reference. The current version of the Dispute
Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You
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:
(i) The Uniform Domain Name Dispute
Resolution Policy (“Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute Resolution
Policy (“SUDRP”), available at http://www.neulevel.com/countdown/stop.html;
and
(iii) The Restrictions Dispute Resolution
Criteria and Rules (“RDRP”), available at http://www.neulevel.com/;
(collectively, “Dispute Policies”).
The SUDRP sets forth the terms and conditions
in connection with a dispute between a registrant of a .biz domain
name (“Registrant”) with any third party (other than Neulevel, Inc.
(“Registry Operator”) or Tucows over the registration or use of
a .biz domain name registered by you that is subject to the Start-up
Intellectual Property Notification Service (“SIPNS”). SIPNS is a
service introduced by Registry Operator to notify a trademark or
service mark holder (“Claimant”) that a second-level domain name
has been registered in which that Claimant claims intellectual property
rights. In accordance with the SUDRP and its associated Rules, those
Claimants will have the right to challenge registrations through
independent ICANN-accredited dispute resolution providers.
The Dispute Policy sets forth the terms
and conditions in connection with a dispute between a Registrant
and any party other than the Registry Operator 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.
9. 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.
10. AGENCY. Should you intend
to license use of a domain name to a third party you shall nonetheless
be the domain name holder of record and are therefore responsible
for providing your own full contact information and for providing
and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise
in connection with the domain name. You shall accept liability for
harm caused by wrongful use of the domain name. You represent that
you have provided notice of the terms and conditions in this Agreement
to a third party licensee and that the third party agrees to the
terms hereof.
11. 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.
12. INDEMNITY. You agree to release,
indemnify, and hold us, our contractors, agents, employees, officers,
directors, affiliates and third party beneficiaries harmless from
all liabilities, claims and expenses, including attorney's fees,
of third parties relating to or arising under this Agreement, the
Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using the
Service of any intellectual property or other proprietary right
of any person or entity, or from the violation of any of our operating
rules or policy relating to the Service(s) provided. You also agree
to release, indemnify and hold us harmless pursuant to the terms
and conditions contained in the Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure to provide
those assurances shall be a breach of your Agreement and may result
in deactivation of your domain name.
13. 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.
14. 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.
15. 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.
16. INFORMATION. As part of the
registration process, you are required to provide us certain information
and to update us promptly as such information changes such that
our records are current, complete and accurate. You are obliged
to provide us the following information:
(i) Your name and postal address (or,
if different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the
administrative contact for the domain name;
(iv) The name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the
billing contact for the domain name.
Any other information, which we request
from you at registration, is voluntary. Any voluntary information
we request is collected for the purpose of improving the products
and services offered to you through your RSP.
17. DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge that we will make domain
name registration information you provide available to ICANN, to
the registry administrators, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly available,
or directly available to third party vendors, some, or all, of the
domain name registration information you provide, for purposes of
inspection (such as through our WHOIS service) or other purposes
as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such
disclosures and use of information provided by you in connection
with the registration of a domain name (including any updates to
such information), whether during or after the term of your registration
of the domain name. You hereby irrevocably waive any and all claims
and causes of action you may have arising from such disclosure or
use of your domain name registration information by us.
You may access your domain name registration
information in our possession to review, modify or update such information,
by accessing our domain manager service, or similar service, made
available
by us through your RSP.
We will not process data about any identified
or identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations which we describe
in this Agreement.
We will take reasonable precautions
to protect the information we obtain from you from our loss, misuse,
unauthorized accessor disclosure, alteration or destruction of that
information.
18. REVOCATION. Your wilful provision
of inaccurate or unreliable information, your wilful failure promptly
to update information provided to us, or your failure to respond
for over fifteen (15) calendar days to inquiries by us concerning
the accuracy of contact details associated with the your registration
shall constitute a material breach of this Agreement and be a basis
for cancellation of the domain name registration.
19. 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. In the event we do not register or reserve
your domain name or register you for other Services, or we delete
your domain name or other Services within such thirty (30) calendar
day period, we agree to refund your applicable fee(s). You agree
that we shall not be liable to you for loss or damages that may
result from our refusal to register, reserve, or delete your domain
name or register you for other Services.
We reserve the right to delete or transfer
your domain name following registration if we believe the registration
has been made possible by a mistake, made either by us or by a third
party. We also reserve the right to suspend a domain name during
resolution of a dispute.
20. 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.
21. 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.
22. 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.
23. NOTICES. Any notice, direction
or other communication given under this Agreement shall be in writing
and given by sending it via e-mail or via postal service. In the
case of e-mail, valid notice shall only have been deemed to have
been given when an electronic confirmation of delivery has been
obtained by the sender. In the case of e-mail, notifications must
be sent to us at lhutz@tucows.com,
or in the case of notification to you, to the e-mail address provided
by you in your WHOIS record. Any e-mail communication shall be deemed
to have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior
to 4:00 p.m. EST, otherwise it will be deemed to have been delivered
on the next business day. In the case of regular mail notice, valid
notice shall be deemed to have been validly and effectively given
5 business days after the date of mailing and, in the case of notification
to us or to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you
shall be to the address specified in the “Administrative Contact”
in your WHOIS record.
24. ENTIRETY. You agree that
this Agreement, the rules and policies published by us and the Dispute
Policy are the complete and exclusive agreement between you and
us regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
25. 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.
26. INFANCY. You attest that
you are of legal age to enter into this Agreement.
27. 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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