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1. AGREEMENT. In
this Registration Agreement ("Agreement") "you"
and "your" refer to the registrant of each domain
name registration, "we", 砥s" and "our" refer to
TUCOWS Inc. and 鉄ervices・refers to the .tv domain
name registration provided by us as offered
through ___________________________________ (迭SP・.
This Agreement explains our obligations to you,
and explains your obligations to us for various
Services.
2. SELECTION OF A DOMAIN NAME. You represent that,
to the best of the your knowledge and belief,
neither 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
have selected, you agree to pay RSP the applicable
service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the
Services, you agree to: (1) provide certain
current, complete and accurate information about
you as required by the registration process and
(2) maintain and update this information as needed
to keep it current, complete and accurate. All
such information shall be referred to as account
information ("Account Information"). By submitting
this Agreement, you represent that the statements
in your Application are true, complete and
accurate. Failure to maintain accurate information
will be considered a material breach of this
Agreement and will entitle us to delete your
domain name registration.
4. TERM. This Agreement shall remain in full force
during the length of the term of your domain name
registration(s) as selected, recorded, and paid
for upon registration of the domain name. Should
you choose to renew or otherwise lengthen the term
of your domain name registration, then the term of
this Registration Agreement shall be extended
accordingly. Should the domain name be transferred
to another Registrar, the terms and conditions of
this contract shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that we
may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any
such revision or change will which shall be
effective immediately upon posting on our web site
or upon notification to you by e-mail or your
country痴 postal service pursuant to the Notices
section of this Agreement. You agree to review
this Agreement as posted on our web site
periodically to maintain an awareness of any and
all such revisions. If you do not agree with any
revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice
by e-mail or postal service pursuant to the
Notices section of this Agreement. Notice of your
termination shall be effective after processing by
us. You agree that, by continuing the use of
Services following notice of any revision to this
Agreement or change in service(s), you shall be
bound by any such revisions and changes. You
further agree to be bound by the ICANN Uniform
Dispute Resolution Policy (泥ispute Policy・ as
presently written and posted on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. You
acknowledge that if you do not agree to any such
modifications, you may request that your domain
name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with us,
you must use your Account Identifier and Password
that you selected when you opened your account
with us. You agree to safeguard your Account
Identifier and Password from any unauthorized use.
In no event shall we be liable for the
unauthorized use or misuse of your Account
Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or
transferred a domain name to us from another
Registrar, you agree to be bound by the Dispute
Policy that is incorporated herein and made a part
of this Agreement by reference. The current
version of the Dispute Policy may be found at
http://www.opensrs.org/legal/udrp.shtml. Please
take the time to familiarize yourself with this
policy.
8. DOMAIN NAME DISPUTES. You 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.
9. 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. You
acknowledge that you have reviewed the .tv General
Terms of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
10. AGENCY. Should you intend to license use of a
domain name to a third party you shall nonetheless
be the domain name holder of record and are
therefore responsible for providing your own full
contact information and for providing and updating
accurate technical and administrative contact
information adequate to facilitate timely
resolution of any problems that arise in
connection with the domain name. You shall accept
liability for harm caused by wrongful use of the
domain name. You represent that you have provided
notice of the terms and conditions in this
Agreement to a third party licensee and that the
third party agrees to the terms hereof.
11. 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 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. In no event shall our maximum liability
exceed five hundred ($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify,
and hold us, our contractors, agents,
employees,officers, directors, affiliates and
third party beneficiaires 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. TRANSFER OF OWNERSHIP. The person named as
administrative contact 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). If the Transferee fails to be
bound in a reasonable fashion (as determine by us
in our sole discretion) to the terms and
conditions in this Agreement, any such transfer
will be null and void.
15. BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or
policy or the Dispute Policy provided by us, may
be considered by us to be a material breach and
that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations
under the Agreement, then we may delete the
registration or reservation of your domain name.
Any such breach by you shall not be deemed to be
excused simply because we did not act earlier in
response to that, or any other breach by you.
16. NO GUARANTY. You 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.
17. DISCLAIMER OF WARRANTIES. You agree that your
use of our Services is solely at your own risk.
You agree that such Service(s) is provided on an
"as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether
express or implied, including but not limited to
the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We
make no warranty that the Services will meet your
requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor
do we make any warranty as to the results that may
be obtained from the use of the Service(s) or as
to the accuracy or reliability of any information
obtained through the Service or that defects in
the Service will be corrected. You understand and
agree that any material and/or data downloaded or
otherwise obtained through the use of Service is
done at your own discretion and risk and that you
will be solely responsible for any damage to your
computer system or loss of data that results from
the download of such material and/or data. We make
no warranty regarding any goods or services
purchased or obtained through the Service or any
transactions entered into through the Service. No
advice or information, whether oral or written,
obtained by you from us or through the Service
shall create any warranty not expressly made
herein.
18. INFORMATION. As part of the registration
process, you are required to provide us certain
information and to update us promptly as such
information changes such that our records are
current, complete and accurate. You are obliged to
provide us the following information: (i) Your
name and postal address (or, if different, that of
the domain name holder); (ii) The domain name
being registered; (iii) The name, postal address,
e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact
for the domain name; (iv) The name, postal
address, e-mail address, and voice and fax (if
available) telephone numbers of the billing
contact for the domain name. Any other
information, which we request from you at
registration, is voluntary. Any voluntary
information we request is collected for the
purpose of improving the products and services
offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge that we
will make domain name registration information you
provide available to ICANN, to the registry
administrators, and to other third parties as
applicable. You further agree and acknowledge that
we may make publicly available, or directly
available to third party vendors, some, or all, of
the domain name registration information you
provide, for purposes of inspection (such as
through our WHOIS service) or other purposes as
required or permitted by ICANN and applicable
laws. You hereby consent to any and all such
disclosures and use of information provided by you
in connection with the registration of a domain
name (including any updates to such information),
whether during or after the term of your
registration of the domain name. You hereby
irrevocably waive any and all claims and causes of
action you may have arising from such disclosure
or use of your domain name registration
information by us. You may access your domain name
registration information in our possession to
review, modify or update such information, by
accessing our domain manager service, or similar
service, made available by us through your RSP. We
will not process data about any identified or
identifiable natural person that we obtain from
you in a way incompatible with the purposes and
other limitations which we describe in this
Agreement. We will take reasonable precautions to
protect the information we obtain from you from
our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that
information.
20. REVOCATION. Your wilful provision of
inaccurate or unreliable information, your wilful
failure promptly to update information provided to
us, or your failure to respond for over fifteen
(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.
21. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to register or reserve
your chosen domain name or register you for other
Services. 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.
22. SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision
is declared invalid or unenforceable, that term or
provision will be construed consistent with
applicable law as nearly as possible to reflect
the original intentions of the parties, and the
remaining terms and provisions will remain in full
force and effect.
23. NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policy shall be construed
as creating any agency, partnership, or other form
of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect
the full right to require such performance at any
time thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or held to
be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other
communication given under this Agreement shall be
in writing and given by sending it via e-mail or
via postal service. In the case of e-mail, valid
notice shall only have been deemed to have been
given when an electronic confirmation of delivery
has been obtained by the sender. In the case of
e-mail, notifications must be sent to us at lhutz@tucows.com,
or in the case of notification to you, to the
e-mail address provided by you in your WHOIS
record. Any e-mail communication shall be deemed
to have been validly and effectively given on the
date of such communication, if such date is a
business day and such delivery was made prior to
4:00 p.m. EST, otherwise it will be deemed to have
been delivered on the next business day. In the
case of regular mail notice, valid notice shall be
deemed to have been validly and effectively given
5 business days after the date of mailing and, in
the case of notification to us or to RSP shall be
sent to:
OUR ADDRESS:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to
the address specified in the 鄭dministrative
Contact・in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the
rules and policies published by us and the Dispute
Policy are the complete and exclusive agreement
between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all
prior agreements and understandings, whether
established by custom, practice, policy or
precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE
GOVERNED BY AND INTERPRETED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO
AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN
WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF
LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT
TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age
to enter into this Agreement.
29.ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE
NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT. |
