Form of Registration Agreement
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.
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,
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
that the domain name is not being
registered for nor shall it at any time whatsoever be used for any unlawful
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
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.
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.
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.icann.org/en/udrp/udrp.htm
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.
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
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/en/udrp/udrp.htm.
Please take the time to familiarize yourself with this policy.
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
The Start-Up Dispute Resolution Policy
(“SUDRP”), available at http://www.neulevel.com/countdown/stop.html; and
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
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.
he 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.
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.
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.
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
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.
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.
TRANSFER OF OWNERSHIP. The person named as Registrant at the time
the user name and password are secured shall be the owner of the domain name.
You agree that prior to transferring ownership of your domain name to another
person (the Transferee") you shall require the Transferee to agree in writing
to be bound by all the terms and conditions of this Agreement. Your domain
name will not be transferred until we receive such written assurances or other
reasonable assurance that the Transferee has been bound by the contractual terms
of this Agreement (such reasonable assurance as determined by us in our sole
discretion) 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.
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.
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.
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
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.
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.
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
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.
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.
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.
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.
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.
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
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 email@example.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:
96 Mowat Avenue
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.
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.
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.
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.