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.biz IP Claim Service |
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THIS IS A LEGALLY BINDING AGREEMENT
BETWEEN TUCOWS, INC. (“REGISTRAR”) AND YOU, THE OWNER
OF A REGISTERED OR COMMON LAW TRADEMARK OR SERVICE MARK (“OWNER”)
OR THE DULY AUTHORIZED AGENT OF AN OWNER (“AGENT”) (COLLECTIVELY,
“YOU”).THESE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE TERMS OF USE REGARDING USE OF THE REGISTRAR’S
INTELLECTUAL PROPERTY CLAIM SERVICE (THE “SERVICE”).
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BY SELECTING “I AGREE,”
BY USING THE SERVICE OR BY SIGNIFYING ACCEPTANCE IN ANY OTHER WAY,
YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE
SERVICE AND YOU MUST DISCONTINUE ANY FURTHER USE. |
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1.The Service. Registrarprovides
the Service to holders of both registered and common law trademarks
or service marks (collectively “Trademarks”).During the
domain name application process, applicants for a .biz domain name
(“Applicants”) will be notified of an Owner’s alleged
intellectual property rights in a Trademark if the domain name contained
in the domain name application is an exact match of the Trademark
identified in an IP Claim (as defined below) submitted by Owner.You
may review frequently asked questions regarding the Service by reviewing
our FAQs. |
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2.Registration, Password and Security.You
must provide accurate, complete and current registration information
and must update this information promptly if it changes.
You represent and warrant that You are at least eighteen (18) years
of age or older and are either an Owner or an Agent duly authorized
to represent an Owner(s) in connection with the Service and submitting
an IP Claim on behalf of an Owner(s).Agent will indemnify and hold
harmless Registrar and its officers, directors, employees, agents,
affiliates and subcontractors for any claims brought by Owner or Third
Parties relating to the use of the Service. |
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3.License to Use Data / Privacy.
By submitting an IP Claim, You hereby grant Registrar, as well as
any of its agents or subcontractors, a limited, royalty-free, non-exclusive
worldwide license to use all of the data contained in the IP Claim
solely for the purposes of implementing the Service, processing Your
IP Claim, notifying Applicants of Your IP Claim, and for notifying
You of changes to the Service, for archival purposes. |
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4.The IP Claim Process. In order
to submit a claim with respect to a Trademark or Trademarks (“IP
Claim”) through the Service, You must complete an IP Claim form
for each Trademark.For each IP Claim, You must submit complete contact
information, representative contact information and notification details,
and the details regarding the Trademark.You may specify in the representative
field that an Agent may receive legal correspondence regarding the
IP Claim.Once You have submitted an IP Claim, you will receive a confirmation
email and a claim number.You must retain the claim number for each
IP Claim You submit. |
Registrar will accept IP Claims until July 9, 2001,
or such later date as it may determine in its sole discretion (“Close
of Phase I”) and no IP Claims will be accepted after that date.
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From the Close of Phase I until September 25, 2001
(“Phase 2”), or such other later date as Registrar may
choose, in its sole discretion, the domain name applications from
ICANN-approved registrars (“Applications”) will be compared
with the database of IP Claims processed through the Service (“IP
Claim Database”).For each exact match between an IP Claim in
the IP Claim Database and a domain name application, the Registry
Operator for .Biz (“Registry Operator”) will notify the
Applicant that a third party or third parties have submitted an IP
Claim for the exact Trademark.The email notification to the Applicant
will include, among other things, the information provided by Owner
in the IP Claim, instructions on how to proceed with the registration
process, and that if selected during the randomized name selection
phase (“Name Selection Phase”), the domain name will be
placed on a temporary thirty (30) day hold when the Registry goes
“live.”The Applicant will have the option to proceed with
the Application or cancel the Application.If the Applicant does not
respond to the email notification, or elects to cancel the Application,
the Applicant’s domain name application will not be processed
during the Name Selection Phase.If the Applicant chooses to proceed
with the registration process and the name is selected during the
Name Selection Phase, that domain name automatically will be placed
on a thirty (30) day “hold period” when the name is registered.
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After Name Selection, the Owner will be notified
by Registry Operator if an Applicant has successfully registered
the domain name.The Owner will then have the option of contacting
the Applicant and finding a solution or using the guidelines set
forth by a special dispute resolution process called the Start-up
Trademark Opposition Policy (“STOP”)(formerly referred
to as the Start-up Dispute Resolution Policy or “SUDRP”)
(“information available at http://www.neulevel.com/countdown/stop.html,
or the Uniform Domain-Name Dispute Resolution Procedures (“UDRP”)
(information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
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You will not be notified if there are no Applications
that exactly match an IP Claim You submitted in the IP Claim Database.
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USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER
WILL BE AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK.AN OWNER THAT
WISHES TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN
NAME APPLICATION. |
DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF
APPLICATIONS THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN
AN IP CLAIM FORM.REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED
ON AN IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK,
NOR WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION FOR
ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE |
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5.Conduct. You may access and use
the Service for lawful purposes only and you are solely responsible
for the knowledge and adherence to any and all laws, statutes, rules
and regulations pertaining to Your use of the Service.You agree that
You will not (i)use the Service to commit a criminal offence or to
encourage conduct that would constitute a criminal offence or give
rise to a civil liability, or otherwise violate any local state, Federal
or international law or regulation; (ii)upload or otherwise transmit
any content that You do not have a right to transmit under any law
or contractual or fiduciary duty; (iii)interfere or infringe with
any trademark or proprietary rights of any other party; (iv)interfere
with the ability of other users to access or use the Service; (v)claim
a relationship with or to speak for any individual, business, association,
institution or other organization for which You are not authorized
to claim such a relationship; (vi)interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
or (vii)reproduce, duplicate, copy, use, distribute, sell, resell
or otherwise exploit for any commercial purposes any portion of the
Service. |
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6.Fees. As consideration for the
Service, You agree to pay Registrar, or its agents or subcontractors,
as the case may be, an IP Claim fee for each IP Claim submitted through
the Service by credit card through its online payment system.Such
fee shall be due immediately and is non-refundable.Registrar, or its
agents or subcontractors, may take all remedies to collect fees owed.Registrar,
or its agents or subcontractors may require you to submit and pay
for each IP Claim individually or it may allow you store up a certain
number of IP Claims before submitting them for processing.Once you
have stored that number of IP Claims, you may not be able to store
any additional IP Claims and may need to submit them for processing
and pay the applicable fee before obtaining additional storage space.No
refunds are permitted. |
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7.Agents. You agree that, if Your
agent (e.g., an attorney, employee, etc.) submits an IP Claim on Your
behalf, You are nonetheless bound as a principal by all Terms of Use
herein. Your continued use of the Services shall ratify any unauthorized
actions of Your agent. By acting on Your behalf, Your agent certifies
that he or she is authorized to use the Service on Your behalf, that
he or she is authorized to bind You to these Terms of Use and that
he or she has apprised You of these Terms of Use of this Agreement.In
addition, You are responsible for any errors made by Your agent.Registrar
will not refund fees paid by You or Your agent on Your behalf for
any reason, including, but not limited to, in the event that Your
agent fails to comply with these Terms of Use, Your agent incorrectly
provides information in the IP Claim process or if Your agent changes
or otherwise modifies Your IP Claim incorrectly. |
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8.Copyright. You acknowledge that
the Service, any underlying technology used in connection with the
Service, and all software, material, information, communications,
text, graphics, links, electronic art, animations, audio, video, photos,
and other data (collectively, the “Content”) available
within the Service are provided by Registrar or third-party providers
and are the copyrighted works of Registrar and/or such third parties.Except
as expressly authorized by Registrar or such third parties in these
Terms of Use or as may be posted on the Service, You may not copy,
reproduce, publish, distribute, modify, create derivative works of,
rent, lease, sell, transfer, display, transmit, compile or collect
in a database, or in any manner commercially exploit any part of the
Content or the Service, in whole or in part.You may not store any
significant portion of any Content or the Service owned by, or licensed
to Registrar in any form, whether archival files, computer-readable
files, or any other medium.You also may not “mirror” any
Content or the Service on any other server. |
Registrar encourages you to download and print a
reasonable number of copies of an IP Claim for non-commercial, internal
use only; provided that (i)any permitted copies contain, in unmodified
form, any copyright or other proprietary rights notices and an original
source attribution to the Service; and (ii)no modifications are made
except as may be expressly provided by Registrar. |
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9.Links. Some links on the Service
lead to sites posted by independent site owners.Because Registrar
has no control over these sites, it cannot be responsible for such
sites’ accessibility via the Internet and does not endorse products,
services, or information provided by such sites.As such, Registrar
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with, use or reliance on any content, goods or services available
on or through any other site.Further, the inclusion of these links
does not imply that the other sites have given permission for inclusion
of these links, or that there is any relationship between Registrar
and the linked sites. |
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10.Disclaimer of Warranty, Limitation of Liability.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR
OWN RISK.NEITHER REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS
OR SUBCONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE. |
THE SERVICE IS PROVIDED ON AN “AS IS,
“AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT. |
IN NO EVENT WILL REGISTRAR NOR ITS PARENTS,
SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO
ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS
OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST
BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES,
INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS,
ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS
RECORDS, PROGRAMS OR SERVICES.YOU AGREE THAT THE FOREGOING
LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION
OF RISK.
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IN NO EVENT, SHALL REGISTRAR BE LIABLE
TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT OF FEES PAID BY
YOU FOR THE APPLICABLE IP CLAIM. |
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11.Indemnification. You agree
to indemnify and hold harmless Registrar and its parents, subsidiaries,
shareholders, members, officers, directors, employees, affiliates,
agents and subcontractors from any claim or demand, including
reasonable attorney’s fees made by any third party due
to or arising out of Your use of the Service, your breach of
these Terms of Use, any Content submitted to the Service, or
any disputes involving the intellectual property rights of the
Trademarks. |
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12.Modifications to the Service.
Registrar reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice.You agree that
Registrar will not be liable to You or to any third party for
any modification, suspension, or discontinuation of the Services.
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13.Termination. You may discontinue
Your participation in and access to the Service at any time.These
Terms of Use will continue to apply to all past use of the Service
by You, even if You are no longer using the Service.You acknowledge
and agree that Registrar may terminate or block Your use of
all or part of the Service without prior notice for any reason,
including, without limitation, if Registrar believes You have
engaged in conduct prohibited by these Terms of Use.You agree
that upon termination or discontinuance for any reason, may
delete all information related to You on the Service and may
bar Your access to and use of the Service. |
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14.Governing Law. These Terms
of Use shall be governed by and construed in accordance with
the laws of the Province of Ontario, without regard to its principles
of conflicts of law. |
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15.Changes to the Terms of Use.
Registrar reserves the right to modify the Terms of Use at any
time and from time to time.Any modifications shall be effective
upon the posting of the modified Terms of Use at http://ipclaims.neulevel.com/legal/conditions.php.You
agree to review these Terms of Use periodically so that You
are aware of any modifications.Your continued use of the Service
shall be deemed Your acceptance of the modified Terms of Use.
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16.Severability. In the event
that any provision of these Terms of Use shall be unenforceable
or invalid under any applicable law or be so held by applicable
court decision, such unenforceability or invalidity shall not
render this Agreement unenforceable or invalid as a whole, and,
in such event, such provision shall be changed and interpreted
so as to best accomplish the objectives of such provision within
the limits of applicable law or applicable court decision. |
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17.Third Party Beneficiary.
Registry Operator (“NeuLevel”) is an intended third
party beneficiary of these Term and Conditions with rights to
enforce these Terms of Use.You will cooperate in good faith
with NeuLevel or Registrar in investigating instances of non-compliance
with these Terms of Use, if NeuLevel or Registrar believes in
good faith that you are not in compliance with these Terms of
Use. |
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18.Subcontractors. In the
course of providing the IP Claim Service, Registrar may retain
independent contractors or assign or subcontract to or otherwise
have any third party perform any or all of the IP Claim Service
at any time, provided that Registrar shall continue to remain
responsible for full performance of any such duties to the same
extent as if it had performed the IP Claim Service itself. |
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19.Entire Agreement. These
Terms of Use completely and exclusively state the agreement
of the parties regarding the subject matter, and supersede all
prior agreements and understandings, whether written or oral,
with respect to the subject matter of these Terms of Use. |
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20.Modifications to your Account.
In order to change any of your account information
with Registrar, you must use the Account Identifier and Password
selected when you opened your account with Registrar.You agree
to safeguard your Account Identifier and Password from any unauthorized
use.In no event shall Registrar be liable for the unauthorized
use or misuse of your Account Identifier or Password. |
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21.Breach. You agree that
failure to abide by an provision of this Agreement, any operating
rule or policy or the Dispute Policy provided by Registrar,
may be considered by Registrar to be a material breach and that
Registrar 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 Registrar, that you have not breached your obligations under
the Agreement, then Registrar may delete the registration or
reservation of your domain name.Any such breach by you shall
not be deemed to be excused simply because Registrar did not
act earlier in response to that, or any other breach by you.
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22.No Guarantee. You acknowledge
that reservation of your IP Claim name does not confer immunity
from objection to either the registration, reservation, or use
of the domain name. |
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23.Right of Refusal. Registrar,
in its sole discretion, reserves the right to refuse to register
or reserve your IP Claim name or register you for other services.You
agree that Registrar shall not be liable to you for loss or
damages that may result from its refusal to register, reserve
or delete your IP Claim. Registrar reserves the right to delete
or transfer your IP Claim within a thirty (30) day period following
receipt of the application if it believes the IP Claim has been
made possible by a mistake, made either by Registrar or by a
third party. |
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