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.US Registration Agreement
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SCHEDULE A
Form of Registration Agreement |
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1. AGREEMENT. In this Registration
Agreement ("Agreement") "Registrant", "you"
and "your" refer to the registrant of each domain name registration,
"we", "us" and "our" refer to TUCOWS
Inc., "Registry Operator" refers to Neulevel Inc., "DOC"
refers to the United States of America Department of Commerce, 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. .us NEXUS REQUIREMENT. Only
those individuals or organizations that have a substantive lawful
connection in the United States are permitted to register for .usTLD
domain names. Registrants in the .usTLD must satisfy the nexus requirement
("Nexus" or "Nexus Requirements") set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf |
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3. SELECTION OF A DOMAIN NAME. You
certify and represent that: |
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I. |
you have and shall continue to have, a bona
fide presence in the United States on the basis of real and
substantial lawful contacts with, or lawful activities in, the
United States as defined in Section 2 hereinabove. |
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II. |
the data provided in the domain name registration
application is true, correct, up to date and complete, and that
you will continue to keep all of the information provided correct,
up-to-date and complete; |
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III. |
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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IV. |
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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V. |
you have the authority to enter into this
Registration Agreement. |
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4. 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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5. 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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6. 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 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 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. We will not refund any fees paid by you
if you terminate your agreement with us. |
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7. MODIFICATIONS TO YOUR ACCOUNT. You
shall maintain your own records appropriate to document and prove
the initial registration date of the domain name. 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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8. 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 and the usDRP, as defined below, that is incorporated
herein and made a part of this Agreement by reference. Please take
the time to familiarize yourself with these policies. |
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9. 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 Nexus Dispute Policy ("Dispute
Policy), available at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
The Dispute Policy will provide interested parties with an opportunity
to challenge a registration not complying with the Nexus Requirements.
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The usTLD Dispute Resolution Policy ("usDRP").
The usDRP is intended to provide interested parties with an
opportunity to challenge a registration based on alleged trademark
infringement. In addition to the foregoing, you agree that,
for the adjudication of disputes concerning or arising from
use of the Registered Name, you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction
of the courts (i) of your domicile, |
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III. |
where Tucows is located, and |
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IV. |
the United States. |
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10. POLICY. You agree that your registration
of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, the DOC or government-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with a DOC 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. The Registry Operator's
policies can be found at http://www.neustar.us/policies. |
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11. 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. You acknowledge and agree that the domain name has not been
registered solely for the purposes of selling, trading or leasing
for compensation and will be used for a business or commercial purpose. |
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12. 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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13. 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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14. INDEMNITY. You agree to release,
indemnify, and hold us, the Registry Operator, the DOC, our respective
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. This indemnification
obligation will survive the termination or expiration of this agreement. |
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15. TRANSFER OF OWNERSHIP. The
person named as registrant on the WHOIS shall be the registered name
holder. The person named as administrative contact at the time the
controlling user name and password are secured shall be deemed to
be the designate of the registrant with the authority to manage 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 may 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. You acknowledge that you will
not be entitled to change registrars during the first sixty (60) days
following the registration of your domain name. |
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16. BREACH. You agree that failure
to abide by any provision of this Agreement including but not limited
to any failure to abide by the Nexus Requirements, 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 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. If you license use of the domain name, you nonetheless
agree that you shall accept any and all liability for any harm caused
by said licensed use and suffered by Tucows, the Registry Operator
and/or the DOC. 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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Your full name, postal address, e-mail
address and telephone number and fax number (if available)
(or, if different, that of the domain name holder);
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The domain name being registered; |
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The name, postal address, e-mail address,
and telephone number and fax number (if available) telephone
numbers of the administrative contact, the technical contact
and the billing contact for the domain name; |
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The IP addresses and names of the primary
nameserver and any secondary nameserver(s) for the domain
name; |
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In addition to the foregoing, you will
be required to provide additional Nexus Information. The
Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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 we will
make domain name registration information you provide available
to the DOC, to the Registry Operator, 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
the DOC 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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21. REVOCATION. Your wilful
provision of inaccurate or unreliable information, your wilful
failure promptly to update information provided to us, or any
failure to respond to inquiries by us addressed to the email
address of the registrant, the administrative, billing or technical
contact appearing in the "Whois" directory with respect
to a domain name concerning the accuracy of contact details
associated with the registration shall constitute a material
breach of this Agreement and be a basis for cancellation of
the domain name registration. Any information collected by us
concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration
of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the DOC or Registry Operator
policy. |
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22. 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.
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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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. 24. 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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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 be 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
CANADA
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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27. ENTIRETY. You agree that this
Agreement, the rules and policies published by Tucows, the DOC and/or
the Registry Operator 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. 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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