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.tv 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 .tv 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, 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 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. |
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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 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. |
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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. |
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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. 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 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. |
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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. |
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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. |
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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. |
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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 |
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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. |
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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. |
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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.
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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. |
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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. |
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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. |
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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. |
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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. |
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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: |
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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 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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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. |
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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. |
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28. INFANCY. You attest that
you are of legal age to enter into this Agreement. |
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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.
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