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Registration Agreement
1. 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 Sat-Com Internet
Services 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.
2. 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.
3. 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.
4. 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.
5.
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. 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.
6.
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.
7. 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.
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 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.
9. 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.
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 will secure the
agreement of any third party to the terms and conditions in this Agreement
11. 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.
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 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.
13. 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.
14.
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.
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. 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. 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 advising them that the site is no longer in
service. If we have elected to renew the registration, you will be entitled to a
grace period during which you may purchase the domain name from us. Additional
costs may apply. 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:
(a) your name
and postal address (or, if different, that of the domain name holder);
(b) the domain name being registered;
(c) the name, postal
address, e-mail address, and voice and fax (if available) telephone numbers of
the administrative contact for the domain name;
(d) the name, postal
address, e-mail address, and voice and fax (if available) telephone numbers of
the billing contact for the domain name; and
(e) 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.
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, 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.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
20. OBLIGATION TO MAINTAIN WHOIS.
Your willful provision of inaccurate or unreliable information, your willful
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.
21. 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.
22. 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.
23. 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.
24. 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.
25.
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 authorities are the complete and exclusive agreement between you and
us regarding our Services.
26. 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.
27. INFANCY. You attest that you are
of legal age to enter into this Agreement.
28. 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.
29. 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
30. 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.
31.
TLD'S. The following additional provisions apply to any domain names that
you register through Tucows with the various registries:
(a) .com/net
Domains: In the case of a ".com" or ".net" registration, the following terms
and conditions will apply:
(i) 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;
(ii) 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. (b)
.org Domains: In the case of a ".org" registration, the following terms and
conditions will apply:
(i) 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;
(ii) 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. (c)
.info Domains: In the case of a ".info" registration, the following terms
and conditions will apply:
(i) 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.
(ii) 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;
(iii) 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;
(iv)
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.
(d) .biz Domains. In the case of a ".biz" registration, the following
terms and conditions will apply:
(i) .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:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business; or
(C) 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.
(ii) Selection of a Domain Name. You represent that:
(A) 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;
(B) 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;
(C) that the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
(D) 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;
(E) you have the
authority to enter into this Registration Agreement; and
(F) the
registered domain name is reasonably related to your business or intended
commercial purpose at the time of registration. (iii)
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:
(A) your full name;
(B) your postal address;
(C)
your e-mail address;
(D) your voice telephone number;
(E)
your fax number (if applicable);
(F) the name of an authorized
person for contact purposes in the case of a registrant that is an
organization, association, or corporation;
(G) the IP addresses of
the primary nameserver and any secondary nameserver for the domain name;
(H) the corresponding names of the primary and secondary
nameservers;
(I) 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
(J) any remark concerning the domain name
that should appear in the Whois directory.
(K) 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.
(iv) 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:
(A) The Uniform Domain Name Dispute Resolution Policy ("Dispute
Policy), available at:
http://www.icann.org/dndr/udrp/policy.htm;
(B) 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").
(v) 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.
(vi) 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.
(vii) 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.
(e) .name Domains. In the case of a ".name" registration, the following
terms and conditions will apply:
(i) .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.
(ii) .name Representations. As a .name domain name registrant, you hereby
represent that:
(A) the registered domain name or second level domain ("SLD")
e-mail address is your Personal Name.
(B) 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,
(C) 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;
(D) that the domain name is not
being registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever;
(E) the registration satisfies the
Eligibility Requirements found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this Registration
Agreement. (iii) 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:
(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, willful 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. (iv) 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.
(v) 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.
(vi) 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.
(vii)
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.
(A) the Eligibility Requirements (the "Eligibility Requirements"),
available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at:
http://www.icann.org/dndr/udrp/policy.htm.
(viii) 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.
(ix) 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.
(x) 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.
(xi) 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. 32. ccTLD'S
(a) .at
Domains. In the case of a ".at" registration, the following terms and
conditions will apply:
(i) 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.
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. (b) .be Domains. In the case of a ".be"
registration, the following terms and conditions will apply:
(i) 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.
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.
(ii) 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.
(a) .ca Domains. In the case of a ".ca" registration, the
following terms and conditions will apply:
(i) 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. Please take the time to familiarize yourself with this policy.
(ii)
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.
(iii) Transfer of Ownership.
Any transfer of ownership in and to a domain name registration shall be
affected in accordance with registry policies and procedures.
(iv)
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. 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.
(v) 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;
(b)
.cc Domains. In the case of a ".cc" registration, the following terms and
conditions will apply:
(i) 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. Please take the time to
familiarize yourself with this policy.
(ii) 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. 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. (c)
.ch Domains. In the case of a ".ch" registration, the following terms and
conditions shall apply:
(i) 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.
(ii) 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. (d) .cn Domains.
In the case of a ".cn" registration, the following terms and conditions shall
apply:
(i) "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;
(ii) "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;
(iii) "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.
(iv) Restrictions. You
agree that you shall not register or use a domain name that is deemed by
CNNIC to:
(A) be against the basic principles prescribed in the Constitution
of the Peoples Republic of China ("PRC");
(B) jeopardize national
security, leak state secrets, intend to overturn the government or disrupt
the integrity of the PRC;
(C) harm national honor and national
interests of the PRC;
(D) instigate hostility or discrimination
between different nationalities or disrupt the national solidarity of the
PRC;
(E) spread rumors', disturb public order or disrupt social
stability of the PRC;
(F) spread pornography, obscenity, gambling,
violence, homicide, terror or instigate crimes in the PRC;
(G)
insult, libel against others and infringe other people's legal rights and
interests in the PRC; or
(H) take any other action prohibited in
laws, rules and administrative regulations of the PRC.
(v) 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.
(vi) 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.
(vii) 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.
(viii) 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.
(ix) 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:
(A) Provisional Administrative Rules for Registration of Domain
Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain Names
in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and
(D)
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.
(x) 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.
(xi)
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.
(xii) 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. (e) .de Domains. In the case of a ".de"
registration, the following terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) 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;
(B) either you, or the person
designated as the administrative contact for the domain name, shall be
resident or shall have a branch in Germany;
(C) 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. (ii) 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. (iii) 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:
11.2. English:
(A) Registration Terms and
Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
11.3. German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(h) .eu domains. In the case of a
".eu" registration, the following terms and conditions will apply:
(i) 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:
(I) an undertaking having its registered office, central
administration or principal place of business within the European
Community;
(II) an organization established within the European Community
without prejudice to the application of national law, or
(III) a
natural person resident within the European Community. (ii)
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. 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.
(iii) 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.
(iv) Sunrise and General
Pre-registration Applications. You acknowledge that the submission of a
"Sunrise" or a "General Pre-registration Application" does not ensure the
registration of the domain name. In the event that your application does not
result in a domain name registration, a portion of the registration fee
shall be refunded after the deduction of a handling fee, which fee shall be
subject to change based on fluctuations in the exchange rates of the US
dollar and Euro.
(f) .fr Domains. In the case of a ".fr" registration, the
following terms and conditions will apply:
(i) 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) A legal entity:
(I) whose head office is in France; (or),
(II) 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),
(III) State institutions or departments, local authorities or
associated establishments, (or),
(IV) which own a trademark
registered with the National Intellectual Property Institute or own a
registered EU or international trademark which expressly includes French
territory; or (B) A natural person:
(I) of French nationality; (or),
(II) of foreign
nationality who are domiciled in France; (or),
(III) who own a
trademark registered with the National Intellectual Property Institute
or own a registered EU or international trademark which expressly
includes French territory.
(ii) 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.
(iii) 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: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) 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.
(i) .it Domains. In the case of an "it" registration, the following terms
and conditions shall apply:
(i) 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.
(i) 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.
(g) .nl Domains. In the case of a ".nl" registration, the
following terms and conditions shall apply:
(i) 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.
(ii) 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 www.domain-registry.nl/sidn_english/flat/
General/Rules/Regulations.
(iii) 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
www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_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. (h)
.tv Domains. In the case of a ".tv" registration, the following terms and
conditions will apply:
(i) 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.
(ii) 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. (i)
co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk Domains. In the case of a
co.uk, .org.uk, ltd.uk, net.uk, plc.uk or me.uk registration, the following
terms and conditions will apply:
(i) "Nominet UK" means the entity granted the exclusive right to
administer the registry for .uk domain name registrations.
(ii)
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.
(iii) 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.
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.
(iv) 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..
(j) .us Domains. In the case of a ".us" registration, the
following terms and conditions will apply:
(i) "DOC" means the United States of America Department of Commerce.
(ii) 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.
(iii) Selection of a Domain Name. You certify and represent that:
(A) 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;
(B) The listed name servers are located within
the United States;
(C) 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;
(D) 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;
(E) That the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
(F) You have the authority to enter into this Registration Agreement.
(iv) 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.
(A) 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:
(B) 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.
(C) 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.
(v) 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.
(vi) Indemnity. The DOC shall be added to the parties you have agreed
to indemnify in Section 13 hereinabove.
(vii) 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:
(A) 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);
(B) The domain name being registered;
(C)
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;
(D)
The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name;
(E) 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.
(viii) 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. 33. WHOIS PRIVACY
SERVICE. The following terms and conditions will apply if you subscribe to
the Whois Privacy Service:
(a) Subscribers to the Whois Privacy Service have elected to include
the following information in the publicly available Whois Registry:
(i) Contactprivacy.com shall appear as the Registrant and Contacts
name(s);
(ii) Tucows' postal address and a Tucows assigned email
address and telephone number shall appear on behalf of the Registrant and
the Contact(s);
(iii) The primary and secondary nameservers shall
be those designated by the Registrant;
(iv) The original date of
registration and the expiration of each domain name;
(v) Tucows
will be identified as the registrar of record. (b) 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.
(c) You will retain complete control over the domain name and its
registration records and may suspend and reinstate the Whois Privacy Service
at your discretion.
(d) 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.
(e) We will send all obligatory
renewal and transfer related messages to the Contacts you have designated.
(f) Communications Forwarding. Communications received with respect to a
particular domain name registration will be handled as follows:
(i) 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.
(ii)
Email correspondence will be forwarded according to the instructions of
the Registrant as they appear in our records.
(iii) 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.
(iv) 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. (g) 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:
(i) when required by law;
(ii) in the good faith belief
that disclosure is necessary to further determination of an alleged breach
of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including but not
limited to ICANN's or a Registry's dispute resolution policy;
(v)
to avoid financial loss or legal liability;
(vi) 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
(vii) to transmit SPAM, viruses, worms or other harmful computer
programs. (h) 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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