1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to each customer, "we", us" and "our"
refer to TUCOWS.com Inc. and "Services" refers to the domain
name registration provided by us as offered through Oregon
Internet Properties LLC, the Registration Service Provider
("RSP"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the
best of the your knowledge and belief, neither the
registration of the SLD name nor the manner in which it is
directly or indirectly used infringes the legal rights of a
third party and that the Domain Name is not being registered
for any unlawful purpose.
3. FEES. As consideration for the services you have
selected, you agree to pay to us, or your repective RSP who
remits payment to us on your behalf, 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").
You, by completing and submitting this Agreement represent
that the statements in your application are true.
4. TERM. You agree that the Registration Agreement will
remain in full force during the length of the term of your
Domain Name Registration. Should you choose to renew or
otherwise lengthen the term of your Domain Name Registration,
then the term of this Registration Agreement will be extended
accordingly. This Agreement will remain in full force during
the length of the term of your Domain Name Registration 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 will be extended accordingly.
Should you transfer your domain name or should the domain name
otherwise be transferred due to another Registrar, the terms
and conditions of this contract shall cease and shall be
replaced by the contractual terms in force for the purpose of
registering domain names then in force between SLD holders and
the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period
of this Agreement, that we may: (1) revise the terms and
conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change
will be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our web site,
or on notification to you by e-mail or regular mail as per the
Notices section of this agreement. You agree to review our web
site, including the Agreement, periodically to be aware of any
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 regular mail as per the
Notices section of this agreement. Notice of your termination
will be effective on receipt and processing by us. You agree
that, by continuing to use the Services following notice of
any revision to this Agreement or change in service(s), you
shall abide by any such revisions or changes. You further
agree to abide by the ICANN Uniform Dispute Resolution Policy
("Dispute Policy") as amended from time to time. You agree
that, by maintaining the reservation or registration of your
domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. 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.
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. Please safeguard your Account Identifier and
Password from any unauthorized use. In no event will we be
liable for the unauthorized use or misuse of your Account
Identifier or Password.
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 which 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.
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 in effect at the time of the
dispute. 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. For any dispute, you agree to submit to the
jurisdiction of the courts of The Province of Ontario.
9. ICANN POLICY. You agree that your registration of the
SLD name shall be subject to suspension, cancellation, or
transfer pursuant to any ICANN-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with an
ICANN-adopted policy, (1) to correct mistakes by Registrar or
the Registry in registering the name or (2) for the resolution
of disputes concerning the SLD name.
10. AGENCY. Should you intend to license use of a domain
name to a third party you shall nonetheless be the SLD 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 SLD. You shall accept liability
for harm caused by wrongful use of the SLD, unless you
promptly disclose the identity of the licensee to the party
providing you reasonable evidence of actionable harm. You also
represent that you have provided notice of the terms and
conditions in this Agreement to the third party and that the
third party agrees to the terms of Disclosure and Use of
Registration Information (sections 18 and 19 of this
Agreement).
11. ANNOUNCEMENTS. We and the RSP 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.
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). We and our contractors shall not 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 states do not allow the exclusion or
limitation of liability for consequential or incidental
damages, in such states, 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.
13. INDEMNITY. You agree to release, indemnify, and hold
us, our contractors, agents, employees,officers, directors and
affiliates harmless from all liabilities, claims and expenses,
including without limitation Network Solutions, Inc., and the
directors, officers, employees and agents of each of them,
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 with
your computer, 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 may be considered by us to be a
breach of your Agreement and may result in deactivation of
your domain name.
14. TRANSFER OF OWNERSHIP. The person named as
administrative contact at the time the controlling 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.
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.
16. NO GUARANTY. You agree that, by registration or
reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
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.
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 such that we can continue to improve the
products and services offered to you through your RSP.
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
ICANN and applicable laws may require or permit. 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 the
applicable laws.
You hereby consent to any and all such disclosures and use
of, and guidelines, limits and restrictions on disclosure or
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.
20. REVOCATION. Your willful provision of inaccurate or
unreliable information, your willful failure promptly to
update information provided to us, or your failure to respond
for over fifteen 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 SLD
registration.
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 within thirty (30)
calendar days from receipt of your payment for such 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.
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.
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.
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.
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 regular mail. 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 notification to
us or to the RSP to lhutz@tucows.com or [Insert
E-mail Address for RSP ] or, in the case of notice to you, at
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 the RSP
shall be sent to:
TUCOWS.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
- OR -
Oregon Internet Properties LLC
P O Box 188
Cottage Grove, OR 97424
and in the case of notification to you shall be to the
address specified in the "Administrative Contact" in your
WHOIS record.
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.
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.
28. INFANCY. You attest that you are of legal age to enter
into this Agreement.
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.