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.cc 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 the Services. |
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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. |
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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. |
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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 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 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 Registry dispute policy (“Dispute Policy”)
as presently written and posted on http://www.nic.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. |
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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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
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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 party’s rights. |
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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 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.nic.cc. 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. |
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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 any third party licensee and that the third party agrees
to the terms hereof. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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: |
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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. |
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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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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: |
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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
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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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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.
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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. |
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29. INFANCY. You
attest that you are of legal age to enter into this Agreement.
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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. |
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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. |
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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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