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.biz Registration Agreement |
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1.AGREEMENT. In
this Registration Agreement ("Agreement") "you"
and "your" refer to the registrant of each domain name registration,
"we", “us" and "our" refer to TUCOWS
Inc. and “Services” refers to the domain name registration
provided by us as offered through (“RSP”). This Agreement
explains our obligations to you, and explains your obligations to
us for various Services. |
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2.SELECTION OF A DOMAIN NAME.
You represent that: |
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(i) the data provided
in the domain name registration application is true, correct,
up to date and complete, |
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(ii) 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; |
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(iii) that the domain name is
not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever |
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(iv) 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; |
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(v) you have the authority to
enter into this Registration Agreement; and |
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(vi) the registered domain name
is reasonably related to your business or intended commercial
purpose at the time of registration. |
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3.FEES. As
consideration for the Services you have selected, you agree to pay
the RSP the applicable service(s) fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain
and update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as account
information ("Account Information"). By submitting this
Agreement, you represent that the statements in your Application are
true, complete and accurate. |
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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 |
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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’s postal service pursuant to the Notices
section of this Agreement. You agree to review this Agreement as posted
on our web site periodically to maintain an awareness of any and all
such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with
notice by e-mail or postal service pursuant to the Notices section
of this Agreement. Notice of your termination shall be effective after
processing by us. You agree that, by continuing the use of Services
following notice of any revision to this Agreement or change in service(s),
you shall be bound by any such revisions and changes. You further
agree to be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute
Policy”) as presently written and posted on http://www.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. |
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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.
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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. |
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8.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: |
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(i) The Uniform Domain Name Dispute Resolution
Policy (“Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;
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(ii) The Start-Up Dispute Resolution Policy
(“SUDRP”), available at http://www.neulevel.com/countdown/stop.html;
and |
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(iii) The Restrictions Dispute Resolution
Criteria and Rules (“RDRP”), available at http://www.neulevel.com/;
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(collectively, “Dispute Policies”).
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The SUDRP sets forth the terms and conditions
in connection with a dispute between a registrant of a .biz
domain name (“Registrant”) with any third party
(other than Neulevel, Inc. (“Registry Operator”)
or Tucows over the registration or use of a .biz domain name
registered by you that is subject to the Start-up Intellectual
Property Notification Service (“SIPNS”). SIPNS is
a service introduced by Registry Operator to notify a trademark
or service mark holder (“Claimant”) that a second-level
domain name has been registered in which that Claimant claims
intellectual property rights. In accordance with the SUDRP and
its associated Rules, those Claimants will have the right to
challenge registrations through independent ICANN-accredited
dispute resolution providers.
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The Dispute Policy sets forth the terms and
conditions in connection with a dispute between a Registrant
and any party other than the Registry Operator or Registrar
over the registration and use of an Internet domain name registered
by Registrant.
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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.
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9.POLICY. You agree that your registration
of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, ICANN or government-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with an ICANN or government-adopted policy, (1) to correct mistakes
by us or the applicable Registry in registering the name or (2) for
the resolution of disputes concerning the domain name. |
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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. |
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11.LIMITATION OF LIABILITY. You
agree that our entire liability, and your exclusive remedy, with respect
to any Services(s) provided under this Agreement and any breach of
this Agreement is solely limited to the amount you paid for such Service(s).
Neither we nor our contractors or third party beneficiaries shall
be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services
or for the cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such jurisdictions, our
liability is limited to the extent permitted by law. We disclaim any
and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data miss-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your account identifier
or password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s) provided
under this Agreement; (6) loss or liability resulting from the interruption
of your Service. You agree that we will not be liable for any loss
of registration and use of your domain name, or for interruption of
business, or any indirect, special, incidental, or consequential damages
of any kind (including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or otherwise, even
if we have been advised of the possibility of such damages. In no
event shall our maximum liability exceed five hundred ($500.00) dollars.
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12.INDEMNITY. You agree to release,
indemnify, and hold us, our contractors, agents, employees, officers,
directors, affiliates and third party beneficiaries harmless from
all liabilities, claims and expenses, including attorney's fees, of
third parties relating to or arising under this Agreement, the Services
provided hereunder or your use of the Services, including without
limitation infringement by you, or someone else using the Service
of any intellectual property or other proprietary right of any person
or entity, or from the violation of any of our operating rules or
policy relating to the Service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are threatened with suit
by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances
shall be a breach of your Agreement and may result in deactivation
of your domain name. |
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13.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. |
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14.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. |
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15.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. |
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16.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: |
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(i) Your name and postal
address (or, if different, that of the domain name holder);
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(ii) The domain name being registered;
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(iii) The name, postal address, e-mail
address, and voice and fax (if available) telephone numbers
of the administrative contact for the domain name; |
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(iv) The name, postal address, e-mail
address, and voice and fax (if available) telephone numbers
of the billing contact for the domain name. |
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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.
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17.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. |
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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.
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18.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 |
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19.RIGHT OF REFUSAL. We,
and/or Registry Operator, in our sole discretion, reserve the
right to refuse to register or reserve your chosen domain name
or register you for other Services. In the event we do not register
or reserve your domain name or register you for other Services,
or we delete your domain name or other Services within such
thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss
or damages that may result from our refusal to register, reserve,
or delete your domain name or register you for other Services.
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We reserve the right to delete or transfer
your domain name following registration if we believe the registration
has been made possible by a mistake, made either by us or by
a third party. We also reserve the right to suspend a domain
name during resolution of a dispute. |
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20.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. |
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21.NON-AGENCY. Nothing contained
in this Agreement or the Dispute Policies shall be construed
as creating any agency, partnership, or other form of joint
enterprise between the parties. |
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22.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. |
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23.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: |
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Our address: |
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TUCOWS Inc. |
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96 Mowat Avenue |
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Toronto, Ontario |
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M6K 3M1 |
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Attention: Legal Affairs |
and in the case
of notification to you shall be to the address specified in
the “Administrative Contact” in your WHOIS record.
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24 .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. |
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25.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. |
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26.INFANCY. You
attest that you are of legal age to enter into this Agreement. |
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27. 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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