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@APPENDIX
A
Form of Registration Agreement
1.
AGREEMENT. In this
Registration Agreement ("Agreement") "you" and
"your" refer to the registrant of each domain name
registration, "we", gus" and "our" refer to TUCOWS
Inc. and gServicesh refers to the domain name
registration provided by us as offered through (gRSPh).
This Agreement explains our obligations to you,
and explains your obligations to us for the
Services.
2.
SELECTION OF A DOMAIN NAME. You represent
that, 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.
3.
FEES. As consideration for the Services ,
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
Account Information and all other statements put
forth in your application are true, complete and
accurate. Both Tucows and the Registry reserve
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
violation of this Section 3 will constitute a
material breach of this agreement which will
entitle either us or the Registry to terminate
this agreement immediately without any refund and
without notice to you.
4.
TERM. This Agreement shall remain in full
force during the length of the term of your domain
name registration(s) as selected, recorded, and
paid for upon registration of the domain name.
Should you choose to renew or otherwise lengthen
the term of your domain name registration, then
the term of this Registration Agreement shall be
extended accordingly. Should the domain name be
transferred to another Registrar, the terms and
conditions of this contract shall cease.
5.
MODIFICATIONS TO AGREEMENT. You agree that
either we or the Registry 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 countryfs 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 Registry dispute policy (gDispute
Policyh) as presently written and posted on
http://www.enic.cc/policies/dispute.html and as
shall be amended from time to time. You
acknowledge that if you do not agree to any such
modifications, you may request that your domain
name be deleted from the domain name database.
6.
MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with us,
you must use your Account Identifier and Password
that you selected when you opened your account
with us. You agree to safeguard your Account
Identifier and Password from any unauthorized
use. In no event shall we be liable for the
unauthorized use or misuse of your Account
Identifier or Password.
7.
DOMAIN NAME DISPUTE POLICY. If you
reserved or registered a domain name through us,
or transferred a domain name to us from another
registrar, you agree to be bound by the Dispute
Policy that is incorporated herein and made a part
of this Agreement by reference. The current
version of the Dispute Policy may be found at
http://www.enic.cc/policies/dispute.html.
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. 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. You acknowledge that neither we nor the
Registry screen or otherwise review your domain
name application to verify that you have the legal
right to use a particular word or term. You are
strongly encouraged to perform a trademark search
with respect to the words and/or phrases
comprising your domain name prior to applying for
registration of the domain. You agree that you
will be solely liable in the event that your use
of a domain constitutes an infringement or other
violation of a third partyfs rights.
9.
POLICY. You agree that your registration
of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to a Tucows,
Registry, regulatory or government-adopted policy,
or pursuant to any registrar or registry procedure
not inconsistent with a Tucows, Registry,
regulatory or government-adopted policy, (1) to
correct mistakes by us or the Registry in
registering the name, or (2) for the resolution of
disputes concerning the domain name. 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.enic.cc.
You are responsible for monitoring the Registryfs
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.
10.
AGENCY. Should you intend to license use
of a domain name to a third party you shall
nonetheless be the domain name holder of record
and are therefore responsible for providing your
own full contact information and for providing and
updating accurate technical and administrative
contact information adequate to facilitate timely
resolution of any problems that arise in
connection with the domain name. You shall accept
liability for harm caused by wrongful use of the
domain name. You represent that you have provided
notice of the terms and conditions in this
Agreement to any third party licensee and that the
third party agrees to the terms hereof.
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 such
Service(s). Neither we nor our contractors or
third party beneficiaries, including but not
limited to Verisign, Inc. and eNic Corporation,
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
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 us, our contractors, agents,
employees, officers, directors, affiliates and
third party beneficiaries, including but not
limited to Verisign, Inc. and eNic Corporation,
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.
14.
SCOPE OF REGISTRATION. You will be
entitled to exclusive use of the domain name
during the term of the registration.
Notwithstanding the foregoing, you shall not use,
display, exploit or register a domain name which
action may constitute illegal activity or be in
contravention or violation of a Tucows or Registry
policy. You acknowledge that a breach of this
clause will constitute a material breach of this
agreement which will entitle either Tucows or the
Registry to terminate this agreement immediately
upon such breach without any refund. In addition,
both we and/or the Registry may, in our sole
discretion, refuse registration of your desired
domain name within thirty (30) calendar days from
receipt of payment. Neither Tucows nor the
Registry shall be liable for any loss, damage or
other injury whatsoever resulting from any refusal
to register your desired domain name.
15.
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.
16.
BREACH. You agree that failure to abide by
any provision of this Agreement, any operating
rule or policy or the Dispute Policy, 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 fifteen (15) 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.
17.
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.
18.
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.
19.
INFORMATION. As part of the registration
process, you are required to provide us certain
information and to update us promptly as such
information changes such that our records are
current, complete and accurate. You are obliged to
provide us the following information:
(i) Your name and postal
address (or, if different, that of the domain name
holder);
(ii)
The domain name being registered;
(iii)
The name, postal address, e-mail address,
and voice and fax (if available) telephone numbers
of the administrative contact for the domain name;
(iv)
The name, postal address, e-mail address,
and voice and fax (if available) telephone numbers
of the billing contact for the domain name.
Any other information, which we
request from you at registration, is voluntary.
Any voluntary information we request is collected
for the purpose of improving the products and
services offered to you through your RSP.
20.
DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge that
either we and/or the Registry may make directly
available to third parties or publicly available,
some or all, of the Account Information for
inspection through our WHOIS service and for any
other purposes as may be required or permitted by
applicable laws or policies. You hereby
irrevocably waive and release Tucows and/or the
Registry from any and all claims and causes of
action you may have arising from any disclosure,
use, or unauthorized access of your Account
Information.
.
21.
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.
22.
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. 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
within a thirty (30) day period following
registration if we believe the registration has
been made possible by a mistake, made either by us
or by a third party.
23.
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.
24.
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.
25.
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.
26.
NOTICES. Any notice, direction or other
communication given under this Agreement shall be
in writing and given by sending it via e-mail or
via postal service. In the case of e-mail, valid
notice shall only have been deemed to have been
given when an electronic confirmation of delivery
has been obtained by the sender. In the case of
e-mail, notifications must be sent to us at
lhutz@tucows.com,
or in the case of notification to you, to the
e-mail address provided by you in your WHOIS
record. Any e-mail communication shall be deemed
to have been validly and effectively given on the
date of such communication, if such date is a
business day and such delivery was made prior to
4:00 p.m. E.S.T., otherwise it will be deemed to
have been delivered on the next business day. In
the case of regular mail notice, valid notice
shall be deemed to have been validly and
effectively given five (5) business days after the
date of mailing and, in the case of notification
to us or to RSP shall be sent to:
OUR ADDRESS:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention:
Legal Affairs
and in the case
of notification to you shall be to the address
specified in the gAdministrative Contacth in your
WHOIS record.
27.
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.
28.
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.
29.
INFANCY. You attest that you are of legal
age to enter into this Agreement.
30.
FORCE MAJEURE. You acknowledge and agree
that neither we nor the Registry shall be
responsible for any failure or delay 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.
31.
FOREIGN LANGUAGE; Controlling Language. In
the event that you are reading this agreement in a
language other than the English language, you
acknowledge and agree that the English language
version hereof shall prevail in case of
inconsistency or contradiction in interpretation
or translation.
32.
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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