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 Acme Internet, 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 respective 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.icann.org/dndr/udrp/policy.htm. 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 VeriSign, 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
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
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 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 access
or 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 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 ICANN Agreement or an
ICANN/Registry Operator policy.
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 - Acme Internet 3601 Minnesota
Drive, Suite 625 Minneapolis, MN 55435 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.
