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Customer's registering a domain name
with ComBase and our wholesale provider must agree to all the terms
listed below.
1. AGREEMENT. In this Registration
Agreement ("Agreement") "you" and "your" refer to each customer,
"we", us" and "our" refer to Tucows.com Inc. and "Services" refers
to the domain name registration provided by us as offered through
ComBase Enterprises, Inc., the Registration Service Provider ("RSP").
This Agreement explains our obligations to you, and explains your
obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME.
You represent that, to the best of the your knowledge and belief,
neither the registration of the SLD name nor the manner in which
it is directly or indirectly used infringes the legal rights of
a third party and that the Domain Name is not being registered for
any unlawful purpose.
3. FEES. As consideration
for the services you have selected, you agree to pay to us, or your
respective RSP who remits payment to us on your behalf, 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"). You, by completing and submitting this
Agreement represent that the statements in your application are
true.
4. TERM. You agree that the
Registration Agreement will remain in full force during the length
of the term of your Domain Name Registration. Should you choose
to renew or otherwise lengthen the term of your Domain Name Registration,
then the term of this Registration Agreement will be extended accordingly.
This Agreement will remain in full force during the length of the
term of your Domain Name Registration 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 will be extended accordingly.
Should you transfer your domain name or should the domain name otherwise
be transferred due to another Registrar, the terms and conditions
of this contract shall cease and shall be replaced by the contractual
terms in force for the purpose of registering domain names then
in force between SLD holders and the new Registrar.
5. MODIFICATIONS TO AGREEMENT.
You agree, during the period of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and (2) change
the services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our web site, or
on notification to you by e-mail or regular mail as per the Notices
section of this agreement. You agree to review our web site, including
the Agreement, periodically to be aware of any 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 regular mail as per the Notices section of this agreement. Notice
of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the Services following
notice of any revision to this Agreement or change in service(s),
you shall abide by any such revisions or changes. You further agree
to abide by the ICANN Uniform Dispute Resolution Policy ("Dispute
Policy") as amended from time to time. You agree that, by maintaining
the reservation or registration of your domain name 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
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. Please safeguard your Account
Identifier and Password from any unauthorized use. In no event will
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 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.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You
agree that, if the registration or reservation of your domain name
is challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy 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 contained in the Dispute Policy. For any
dispute, you agree to submit to the jurisdiction of the courts of
The Province of Ontario.
9. ICANN POLICY. You agree
that your registration of the SLD name shall be subject to suspension,
cancellation, or transfer pursuant to any ICANN-adopted policy,
or pursuant to any registrar or registry procedure not inconsistent
with an ICANN-adopted policy, (1) to correct mistakes by Registrar
or the Registry in registering the name or (2) for the resolution
of disputes concerning the SLD name.
10. AGENCY. Should you intend
to license use of a domain name to a third party you shall nonetheless
be the SLD 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 SLD. You shall accept liability for harm caused by wrongful
use of the SLD, unless you promptly disclose the identity of the
licensee to the party providing you reasonable evidence of actionable
harm. You also represent that you have provided notice of the terms
and conditions in this Agreement to the third party and that the
third party agrees to the terms of Disclosure and Use of Registration
Information (sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and
the RSP reserve the right to distribute information to you that
is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to
enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You
agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any
breach of this Agreement is solely limited to the amount you paid
for such Service(s). We and our contractors 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.
In no event shall our maximum liability exceed five hundred ($500.00)
dollars.
13. INDEMNITY. You agree to
release, indemnify, and hold us, our contractors, agents, employees,
officers, directors and affiliates harmless from all liabilities,
claims and expenses, including without limitation Network Solutions,
Inc., and the directors, officers, employees and agents of each
of them, 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 with your computer, 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
may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
14. TRANSFER OF OWNERSHIP. The
person named as administrative contact at the time the controlling
user name and password are secured shall be the owner of the domain
name. You agree that prior to transferring ownership of your domain
name to another person (the Transferee") you shall require the Transferee
to agree, in writing to be bound by all the terms and conditions
of this Agreement. Your domain name will not be transferred until
we receive such written assurances or other reasonable assurance
that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our
sole discretion) along with the applicable transfer fee. If the
Transferee fails to be bound in a reasonable fashion (as determine
by us in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
15. BREACH. You agree that
failure to abide by any provision of this Agreement, any operating
rule or policy or the Dispute Policy provided by us, may be considered
by us to be a material breach and that we may provide a written
notice, describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence, which
is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration
or reservation of your domain name. Any such breach by you shall
not be deemed to be excused simply because we did not act earlier
in response to that, or any other breach by you.
16. NO GUARANTY. You agree
that, by registration or reservation of your chosen domain name,
such registration or reservation does not confer immunity from objection
to either the registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES.
You agree that your use of our Services is solely at your own
risk. You agree that such Service(s) is provided on an "as is,"
"as available" basis. We expressly disclaim all warranties of any
kind, whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to
the results that may be obtained from the use of the Service(s)
or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded
or otherwise obtained through the use of Service is done at your
own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No
advice or information, whether oral or written, obtained by you
from us or through the Service shall create any warranty not expressly
made herein.
18. INFORMATION. As part of
the registration process, you are required to provide us certain
information and to update us promptly as such information changes
such that our records are current, complete and accurate. You are
obliged to provide us the following information:
i) Your name and postal address (or,
if different, that of the domain name holder)
ii) The domain name being registered
iii) The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact for
the domain name.
iv) The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the
domain name.
Any other information which we request
from you at registration is voluntary. Any voluntary information
we request is collected such that we can continue to improve the
products and services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge that we will make domain
name registration information you provide available to ICANN, to
the registry administrators, and to other third parties as ICANN
and applicable laws may require or permit. 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 the 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 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 access or disclosure, alteration or destruction of
that information.
20. 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 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 SLD registration.
21. RIGHT OF REFUSAL. We,
in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other Services
within thirty (30) calendar days from receipt of your payment for
such 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.
22. SEVERABILITY. You agree
that the terms of this Agreement are severable. If any term or provision
is declared invalid or unenforceable, that term or provision will
be construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remaining
terms and provisions will remain in full force and effect.
23. NON-AGENCY. Nothing contained
in this Agreement or the Dispute Policy shall be construed as creating
any agency, partnership, or other form of joint enterprise between
the parties.
24. NON-WAIVER. Our failure
to require performance by you of any provision hereof shall not
affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be
taken or held to be a waiver of the provision itself.
25. NOTICES. Any notice, direction
or other communication given under this Agreement shall be in writing
and given by sending it via e-mail or via regular mail. 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 notification to us or to the
RSP to lhutz@Tucows.com or
domainadmin@combase.com
or, in the case of notice to you, at 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 the RSP shall be sent to:
Tucows.com Inc. Registrant Affairs
Office 96 Mowat Avenue Toronto, Ontario M6K 3M1 - OR -
ComBase Enterprises, Inc. 117 West Alexander St. #329, Plant City, FL 33563A and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record.
26. ENTIRETY. You agree that
this Agreement, the rules and policies published by us and the Dispute
Policy are the complete and exclusive agreement between you and
us regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT
SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE
WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA
APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF
LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO
AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that
you are of legal age to enter into this Agreement.
29. ACCEPTANCE OF AGREEMENT. YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT.,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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