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Registration Agreement
Exhibit A
1. IN THIS REGISTRATION AGREEMENT
("Agreement"), “Registrant”, "you" and "your" refers to the
Registrant of each domain name registration, "we", “us" and
"our" refers to Tucows.com Co., and “Services” refers to the
domain name registration services provided by us as offered
through _____________________________________, the
Registration Service Provider (“Reseller”). Any reference to
a “registry,” “Registry” or “Registry Operator” shall refer
to the registry administrator of the applicable TLD or ccTLD.
This Agreement explains our obligations to you, and explains
your obligations to us for the Services. By agreeing to the
terms and conditions set forth in this Agreement, you are
also agreeing to be bound by the rules and regulations set
forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and
agree that we cannot guarantee that you will obtain a
desired domain name registration, even if an inquiry
indicates that a domain name is available at the time of
your application for same. You represent that, to the best
of the your knowledge and belief, neither the registration
of the 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. During the period following
registration of a domain name and the appointment of active
name servers, we may post a stagnant web page and any
revenues generated from same shall be for our own account.
3. FEES. As consideration for the Services, you agree
to pay Reseller the applicable service(s) fees prior to the
effectiveness of a desired domain name registration or any
renewal thereof. All fees payable hereunder are
non-refundable even if your domain name registration is
suspended, cancelled or transferred prior to the end of your
current registration term. 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 represent
that the Account Information and all other statements put
forth in your application are true, complete and accurate.
Both Tucows and each registry reserves 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 breach of this Section 3
will constitute a material breach of our Agreement, which
will entitle either us or a registry to terminate this
Agreement immediately upon such breach without any refund
and without notice to you.
4. TERM. This Agreement will remain in effect during
the term of your domain name registration as selected,
recorded and paid for at the time of registration or any
renewal thereof. Should the domain name be transferred to
another registrar, the terms and conditions of this
Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that
the practice of registering and administering domain names
is constantly evolving; therefore, you agree that Tucows may
modify this Agreement, or any other related and/or
applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or
individual, as well as to adjust to changing circumstances.
All amendments to this Agreement will be posted on our
website. Your continued use of the domain name registered to
you will constitute your acceptance of this Agreement with
any revisions. If you do not agree to any change, you may
request that your domain name registration be cancelled or
transferred to a different accredited registrar. You agree
that such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any change
to this Agreement, or any other related and/or applicable
agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change
any of your account information with us, you must use the
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.
7. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer
immunity from objection to the registration, reservation or
use of the domain name.
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 adopted by the
applicable registry. 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 applicable policy. If Tucows is notified
that a complaint has been filed with a judicial or
administrative body regarding your domain name, Tucows may,
at its sole discretion, suspend your ability to use your
domain name or to make modifications to your registration
records until (i) Tucows is directed to do so by the
judicial or administrative body, or (ii) Tucows receives
notification by you and the other party contesting your
domain that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your
registration or use of your domain name, Tucows may deposit
control of your registration record into the registry of the
judicial body by supplying a party with a registrar
certificate from us.
9. POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or
transfer pursuant to a Tucows, registry, ICANN or
government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a Tucows, registry,
ICANN or government-adopted policy, (1) to correct mistakes
by us or a registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
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 will secure
the agreement of any third party to the terms and conditions
in this Agreement
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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.
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 the initial registration of your domain
name. Tucows and its directors, employees,
affiliates, subsidiaries, agents and third party
providers, ICANN and the applicable registries
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.
13. INDEMNITY. You agree to release,
indemnify, and hold Tucows, its contractors,
agents, employees, officers, directors and
affiliates, ICANN, the applicable registries and
their respective directors, officers, employees,
agents and affiliates harmless from all
liabilities, claims and expenses, including
attorney's fees, of third parties arising out of
or relating to the registration or use of the
domain name registered in your name, whether
used by yourself, licensed to a third party or
pursuant to the Whois Privacy Service, including
without limitation infringement by you or a
third party with access to your Account
Identifier and Password. You also agree to
release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the
applicable 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 the
suspension or cancellation of your domain name.
This indemnification obligation will survive the
termination or expiration of this Agreement.
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 account identifier 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. 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. RENEWALS AND FORFEITURE. Domain names
are registered for a finite period of time. You
will receive reminders immediately prior to the
expiration of your registration inviting you to
renew your domain name. In the event that you
fail to renew your domain name in a timely
fashion, your registration will expire and we
may, at our discretion, elect to assume the
registration and may hold it for our own
account, delete it or we may sell it to a third
party. You acknowledge and agree that your right
and interest in a domain name ceases upon its
expiration and that any expired domain name may
be made available for registration by a third
party.
If you fail to renew your registration, your
domain name may cease to resolve and visitors to
your site may be redirected to a default page
informing them that the site is no longer in
service. This parked or default page may feature
advertisements posted by us for our own account.
If we have elected to renew the registration,
you will be entitled to a grace period during
which you may re-register the domain name from
us. Additional costs may apply. During this
grace period, we may post a parked page and/or
may revise the “Whois” registration records to
include either our information or that of your
Reseller. The domain name may also be listed for
auction. If the name is sold during any such
auction, it will be acquired by a third party on
a provisional basis and will remain available
for re-registration by you during our stated
grace period. If you do not re-register the
domain name during the grace period, the auction
sale will be concluded.
If you fail to renew your domain name
registration during the grace period, you
acknowledge that you have abandoned the domain
name and that it is available for sale and
registration by any third party.
16. 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.
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:
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, law enforcement
agencies 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.
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(a) |
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.
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(b) |
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 Reseller. |
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(c) |
We will
not process or maintain 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. |
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(d) |
We will
take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized
disclosure, alteration or destruction of that
information. |
20.
OBLIGATION TO MAINTAIN WHOIS. 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 ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve
the right to deny, cancel, suspend, transfer or modify any
domain name registration to correct a mistake, protect the
integrity and stability of the company and any applicable
registry, to comply with any applicable laws, government
rules, or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid
any liability, civil or criminal. You agree that we shall
not be liable to you for loss or damages that may result
from our refusal to register or cancel, suspend, transfer or
modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the
event that this Agreement may be inconsistent with any term,
condition, policy or procedure of an applicable registry,
the term, condition, policy or procedure of the applicable
registry shall prevail.
23. 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.
24. 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 be given when an electronic confirmation of delivery has
been obtained by the sender. E-mail notification to Tucows
must be sent to lhutz@tucows.com. Any notice to you will be
sent 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 five (5)
business days after the date of mailing Postal notices to
Tucows shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the
address specified in the “Administrative Contact” in your
Whois record.
25. ENTIRETY. You agree that this Agreement, the
applicable dispute policy and the rules and policies
published by Tucows and any applicable registry or other
governing authority, are the complete and exclusive
agreement between you and us regarding our Services.
26. 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.
27. INFANCY. You attest that you are of legal age to
enter into this Agreement.
28. FORCE MAJEURE. You acknowledge and agree that
neither we nor the applicable registry shall be responsible
for any failures or delays 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.
29. PRIVACY. Information collected about you is
subject to the terms of Tucows’ privacy policy, the terms of
which are hereby incorporated by reference. Tucows’ privacy
policy can be found at:
http://www.tucows.com/privacy.html
30. 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.
31. TLD’S. The following additional provisions apply
to any domain names that you register through Tucows with
the various registries:
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.com/net Domains: In the case of a “.com” or “.net”
registration, the following terms and conditions will
apply: |
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Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute
Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the
Registry; these policies are subject to
modification; |
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For
the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall
submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto, Ontario. |
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.org
Domains: In the case of a “.org” registration, the
following terms and conditions will apply: |
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Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Dom ain Dispute
Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the
Registry. These policies are subject to
modification; |
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For
the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall
submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto, Ontario. |
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.info
Domains: In the case of a “.info” registration, the
following terms and conditions will apply: |
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(i) |
Registrant’s Personal Data. You consent to the use,
copying, distribution, publication, modification,
and other processing of Registrant’s personal data
by Afilias, the .INFO registry, and its designees
and agents, in a manner consistent with the purposes
specified pursuant to its contract; |
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Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute
Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the
Registry. These policies are subject to
modification; |
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For
the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall
submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto, Ontario; |
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Reservation of Rights. Tucows and Afilias expressly
reserve the right to deny, cancel, transfer, or
modify any registration that either registrar or
Afilias deems necessary, at its discretion, to
protect the integrity and stability of the registry,
to comply with any applicable law, any government
rule or requirement, any request of law enforcement,
any dispute resolution process, or to avoid any
liability, civil or criminal, on the part of the
registrar and/or Afilias, as well as their
affiliates, subsidiaries, executives, directors,
officers, managers, employees, consultants, and
agents. The registrar and Afilias also reserve the
right to suspend a domain name or its registration
data during resolution of a dispute. |
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(d) |
.biz
Domains. In the case of a “.biz” registration, the
following terms and conditions will apply: |
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(i) |
.biz
Restrictions. Registrations in the .biz top-level
domain must be used or intended to be used primarily
for bona fide business or commercial purposes. For
the purposes of the .biz registration restrictions,
“bona fide business or commercial use” shall mean
the bona fide use or bona fide intent to use the
domain name or any content, software, materials,
graphics or other information thereon, to permit
Internet users to access one or more host computers
through the DNS: |
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(A) |
to
exchange goods, services, or property of any
kind; |
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(B) |
in
the ordinary course of business; or |
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(C) |
to
facilitate (i) the exchange of goods, services,
information or property of any kind; or (ii) the
ordinary course of trade or business. |
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For
more information on the .biz restrictions, which are
incorporated herein by reference, please see:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm. |
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(ii) |
Selection of a Domain Name. You represent that: |
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(A) |
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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(B) |
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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(C) |
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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(D) |
the registered domain name will be used
primarily for bona fide business or commercial
purposes and not (a) exclusively for personal
use, or (b) solely for the purposes of (1)
selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to
sell, trade or lease the domain name for
compensation; |
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(E) |
you have the authority to enter into this
Registration Agreement; and |
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(F) |
the registered domain name is reasonably related
to your business or intended commercial purpose
at the time of registration. |
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(iii) |
Provision of Registration Data. As part of the
registration process, you are required to provide us
with certain information and to keep the information
true, current, complete, and accurate at all times.
The information includes the following: |
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(A) |
your full name; |
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(B) |
your postal address; |
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(C) |
your e-mail address; |
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(D) |
your voice telephone number; |
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(E) |
your fax number (if applicable); |
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(F) |
the name of an authorized person for contact
purposes in the case of a registrant that is an
organization, association, or corporation; |
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(G) |
the IP addresses of the primary nameserver and
any secondary nameserver for the domain name; |
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(H) |
the corresponding names of the primary and
secondary nameservers; |
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(I) |
the full name, postal address, e-mail address,
voice telephone number, and, when available, fax
number of the administrative, technical, and
billing contacts, and the name holder for the
domain name; and |
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(J) |
any remark concerning the domain name that
should appear in the Whois directory. |
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(K) |
You agree and understand that the foregoing
registration data will be publicly available and
accessible on the Whois directory as required by
ICANN and/or registry policies, and may be sold
in bulk in accordance with the ICANN agreement.
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(iv) |
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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(collectively, the “Dispute Policies”). |
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(v) |
The
Dispute Policy sets forth the terms and conditions
in connection with a dispute between a Registrant
and any party other than the Registry or Registrar
over the registration and use of an Internet domain
name registered by Registrant. |
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(vi) |
The
RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for
business or commercial purposes shall be endorsed on
a case-by-case, fact specific basis by an
independent ICANN-accredited dispute provider. |
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(vii) |
For
the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall
submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto, Ontario. |
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(e) |
.name
Domains. In the case of a “.name” registration, the
following terms and conditions will apply: |
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(i) |
.name
Restrictions. Registrations in the .name top-level
domain must constitute an individual’s “Personal
Name”. For purposes of the .name restrictions (the
“Restrictions”), a “Personal Name” is a person’s
legal name, or a name by which the person is
commonly known. A “name by which a person is
commonly known” includes, without limitation, a
pseudonym used by an author or painter, or a stage
name used by a singer or actor. |
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(ii) |
.name
Representations. As a .name domain name registrant,
you hereby represent that: |
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(A) |
the registered domain name or second level
domain (“SLD”) e-mail address is your Personal
Name. |
|
(B) |
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,
current and complete, |
|
(C) |
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; |
|
(D) |
that the domain name is not being registered for
nor shall it at any time whatsoever be used for
any unlawful purpose whatsoever; |
|
(E) |
the registration satisfies the Eligibility
Requirements found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and |
|
(F) |
you have the authority to enter into this
Registration Agreement. |
|
|
(iii) |
E-mail Forwarding Services. The Services for
which you have registered may, at your option,
include e-mail forwarding. To the extent you opt to
use e-mail forwarding, you are obliged to do so in
accordance with all applicable legislation and are
responsible for all use of e-mail forwarding,
including the content of messages sent through
e-mail forwarding.
You undertake to familiarize yourself with the
content of and to comply with the generally accepted
rules for Internet and e-mail usage. This includes,
but is not limited to the Acceptable Use Policy,
available at
http://www.nic.name/downloads/aup.pdf as well as
the following restrictions. Without prejudice to the
foregoing, you undertake not to use e-mail
forwarding: |
|
|
|
(A) |
to
encourage, allow or participate in any form of
illegal or unsuitable activity, including but
not restricted to the exchange of threatening,
obscene or offensive messages, spreading
computer viruses, breach of copyright and/or
proprietary rights or publishing defamatory
material; |
|
(B) |
to
gain illegal access to systems or networks by
unauthorized access to or use of the data in
systems or networks, including all attempts at
guessing passwords, checking or testing the
vulnerability of a system or network or
breaching the security or access control without
the sufficient approval of the owner of the
system or network; |
|
(C) |
to
interrupt data traffic to other users, servers
or networks, including, but not restricted to,
mail bombing, flooding, Denial of Service (DoS)
attacks, wilful attempts to overload another
system or other forms of harassment; or |
|
(D) |
for spamming, which includes, but is not
restricted to, the mass mailing of unsolicited
e-mail, junk mail, the use of distribution lists
(mailing lists) which include persons who have
not specifically given their consent to be
placed on such distribution list. Users are not
permitted to provide false names or in any other
way to pose as somebody else when using e-mail
forwarding. |
|
|
(iv) |
Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from
systems with a history of abuse from entering
Registry’s e-mail forwarding. However, due to the
nature of such systems, which actively block
messages, Registry shall make public any decision to
implement such systems a reasonable time in advance,
so as to allow you or us to give feedback on the
decision. |
|
(v) |
You
understand and agree that Registry may delete
material that does not conform to clause (c) above
or that in some other way constitutes a misuse of
e-mail forwarding. You further understand and agree
that Registry is at liberty to block your access to
e-mail forwarding if you use e-mail forwarding in a
way that contravenes this Agreement. You will be
given prior warning of discontinuation of the e-mail
forwarding unless it would damage the reputation of
Registry or jeopardize the security of Registry or
others to do so. Registry reserves the right to
immediately discontinue e-mail forwarding without
notice if the technical stability of e-mail
forwarding is threatened in any way, or if you are
in breach of this Agreement. On discontinuing e-mail
forwarding, Registry is not obliged to store any
contents or to forward unsent e-mail to you or a
third party. |
|
(vi) |
You
understand and agree that to the extent either we
and/or Registry is required by law to disclose
certain information or material in connection with
your e-mail forwarding, either we and/or Registry
will do so in accordance with such requirement and
without notice to you. |
|
(vii) |
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. You
hereby acknowledge that you have 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. |
|
|
|
|
(viii) |
The
Eligibility Requirements dictate that Personal Name
domain names and Personal Name SLD e-mail addresses
will be granted on a first-come, first-served basis.
The following categories of Personal Name
Registrations may be registered: (i) the Personal
Name of an individual; (ii) the Personal Name of a
fictional character, if you have trademark or
service make rights in that character’s Personal
Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the
beginning or the end of the Personal Name so as to
differentiate it from other Personal Names.
|
|
(ix) |
The
ERDRP applies to challenges to (i) registered domain
names and SLD e-mail address registrations within
.name on the grounds that a Registrant does not meet
the Eligibility Requirements, and (ii) to Defensive
Registrations (as defined by the Registry) within
.name. |
|
(x) |
The
UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and
party other than the Registry or Tucows over the
registration and use of an Internet domain name
registered by a Registrant. |
|
(xi) |
For
the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall
submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2)
where Tucows is located, presently Toronto, Ontario. |
|
|
32. ccTLD’S
|
(a) |
.at
Domains. In the case of a “.at” registration, the
following terms and conditions will apply: |
|
|
|
(i) |
Registry Policy. 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.at/en/service/legal_information/terms_conditions/.
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. |
|
|
(b) |
.be
Domains. In the case of a “.be” registration, the
following terms and conditions will apply: |
|
|
|
(i) |
Registry Policy. 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.dns.be/en/home.php?n=51. 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. |
|
(ii) |
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 .be 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.dns.be/en/home.php?n=53. |
|
|
(c) |
.ca
Domains. In the case of a “.ca” registration, the
following terms and conditions will apply: |
|
|
|
(i) |
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.cira.ca/en/cat_Dpr.html. Please take
the time to familiarize yourself with this policy.
|
|
(ii) |
Registry Policy. You agree that your registration of
the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent
with a Registry adopted policy, (1) to correct
mistakes by Tucows or the Registry in registering
the name or (2) for the resolution of disputes
concerning the domain name. |
|
(iii) |
Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected
in accordance with registry policies and procedures. |
|
(iv) |
Registry Agreement and Policy. You acknowledge and
understand that by accepting the terms and
conditions of this agreement you shall be bound by
the Registry’s Registrant Agreement, the Registry’s
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.cira.ca/en/doc_Registrar.html. 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 agreement or policy, your sole remedy
is to cancel your domain name registration by
following the appropriate Registry policy regarding
such cancellation. |
|
(v) |
You
acknowledge and agree that the Registry shall not be
liable to you for any loss, damage, or expense
arising out of the Registry’s failure or refusal to
register a domain name, it’s failure or refusal to
renew a domain name registration, it’s registration
of a domain name, it’s failure or refusal to renew a
domain name registration, it’s renewal of a domain
name registration, it’s failure or refusal to
transfer a domain name registration, it’s transfer
of a domain name registration, it’s failure or
refusal to maintain or modify a domain name
registration, it’s maintenance of a domain name
registration, it’s modification of a domain name
registration, it’s failure to cancel a domain name
registration or it’s cancellation of a domain name
registration from the Registry; |
|
|
(d) |
.cc
Domains. In the case of a “.cc” registration, the
following terms and conditions will apply: |
|
|
|
(i) |
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. |
|
(ii) |
Registry Policy. 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.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
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. |
|
|
(e) |
.ch
Domains. In the case of a “.ch” registration, the
following terms and conditions shall apply: |
|
|
|
(i) |
Registry Policy. 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.switch.ch/id/terms. 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. |
|
(ii) |
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 .ch 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.switch.ch/id/disputes/rules. Please
take the time to familiarize yourself with this
policy. |
|
|
(f) |
.cn
Domains. In the case of a “.cn” registration, the
following terms and conditions shall apply: |
|
|
|
(i) |
“Registry” means the China Internet Network
Information Center, which is the authority
responsible for the administration of the national
top-level domain of the People’s Republic of China
and the Chinese domain name system; |
|
(ii) |
“Registry Gateway” means the service provided by the
Registry Operator that facilitates the registration
of .cn domain names by registrars operating outside
of the People’s Republic of China; |
|
(iii) |
“Registry Operator“ means Neustar, Inc., the company
authorized to facilitate the registration of .cn
domain names by registrars operating outside of the
People’s Republic of China. |
|
(iv) |
Restrictions. You agree that you shall not register
or use a domain name that is deemed by CNNIC to: |
|
|
|
(A) |
be
against the basic principles prescribed in the
Constitution of the Peoples Republic of China (“PRC”); |
|
(B) |
jeopardize national security, leak state
secrets, intend to overturn the government or
disrupt the integrity of the PRC; |
|
(C) |
harm national honour and national interests of
the PRC; |
|
(D) |
instigate hostility or discrimination between
different nationalities or disrupt the national
solidarity of the PRC; |
|
(E) |
spread rumours, disturb public order or disrupt
social stability of the PRC; |
|
(F) |
spread pornography, obscenity, gambling,
violence, homicide, terror or instigate crimes
in the PRC; |
|
(G) |
insult, libel against others and infringe other
people’s legal rights and interests in the PRC;
or |
|
(H) |
take any other action prohibited in laws, rules
and administrative regulations of the PRC. |
|
|
(v) |
Business or Organization Representation. .cn domain
name registrations are intended for businesses and
organizations and not for individual use. By
registering a .cn name, you accordingly represent
that you have registered the domain name on behalf
or a business or organization. It should be noted
that, although .cn policy is permissive in terms of
registration, and enforcement is generally in
reaction to a complaint (as opposed to proactive
review), registrations that are not associated with
an organization or business may be subject to
deletion. The foregoing prevents an individual from
registering a .cn domain name for a business
operating as a sole proprietorship. |
|
(vi) |
Domain
Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and
conditions of the CNNIC Domain Name Dispute Policy &
Rules for CNNIC Dispute Resolution Policy (“Dispute
Policy”), as they may be amended from time to time,
which are hereby incorporated and made an integral
part of this Agreement. The Dispute Policy is
currently found at:
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm. |
|
(vii) |
You
acknowledge that, pursuant to the Dispute Policy,
Registrars must comply with all reasonable requests
from the applicable domain name dispute resolution
institutions including the provision of all relevant
evidence in any domain name disputes in the
specified time frames. |
|
(viii) |
If we
are notified that a complaint has been filed with a
judicial or administrative body regarding your use
of our domain name registration services, you agree
not to make any changes to your domain name record
without our prior approval. We may not allow you to
make changes to such domain name record until (i) we
are directed to do so by the judicial or
administrative body, or (ii) we receive notification
by you and the other party contesting your
registration and use of our domain name registration
services that the dispute has been settled.
Furthermore, you agree that if you are subject to
litigation regarding your registration and use of
our domain name registration services, we may
deposit control of your domain name record into the
registry of the judicial body by supplying a party
with a registrar certificate from us. |
|
(ix) |
Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the
Peoples Republic of China’s governmental agencies
and the China Internet Network Information Centre (“CNNIC”),
including but not limited to the following rules and
regulations: |
|
|
|
|
|
You
acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the
policies of the CNNIC, as they may be amended from
time to time. |
|
(x) |
Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to
any Tucows, Registry Operator, CNNIC or
government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent
with a CNNIC or government-adopted policy, (1) to
correct mistakes by a party in registering the name,
(2) for the resolution of disputes concerning the
domain name, (3) to protect the integrity and
stability of the registry, (4) to comply with any
applicable laws, government rules or requirements,
requests of aw enforcement, (5) to avoid any
liability, civil or criminal, on the part of Tucows,
Registry Operator or CNNIC, as well as their
affiliates, subsidiaries, directors,
representatives, employees and stockholders or (6)
for violations of this Agreement. Tucows, Registry
Operator and CNNIC also reserve the right to
“freeze” a domain name during the resolution of a
dispute. |
|
(xi) |
Jurisdiction. For the adjudication of disputes
concerning or arising from use of the domain name,
the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s
domicile, (2) where Tucows is located, and (3) the
People’s Republic of China. |
|
(xii) |
Governing Law. For the adjudication of a dispute
concerning or arising from use of a .cn domain, such
dispute will be governed under the Laws of the
Peoples Republic of China. |
|
|
(g) |
.de
Domains. In the case of a “.de” registration, the
following terms and conditions will apply: |
|
|
|
(i) |
Selection of a Domain Name. You represent that:
|
|
|
|
(A) |
you have reviewed and have accepted the
Registry’s Terms and Conditions and the
Registry’s Guidelines and have provided your
Reseller with written confirmation of same;you
have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s
Guidelines and have provided your Reseller with
written confirmation of same; |
|
(B) |
either you, or the person designated as the
administrative contact for the domain name,
shall be resident or shall have a branch in
Germany; |
|
(C) |
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. |
|
|
(ii) |
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 by the Registry or any court of law. 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
specified by the Registry or any court of law.
|
|
(iii) |
Registry Policies. You agree to be bound by the
Registry’s Registration Terms and Conditions and the
Registration Guidelines. English language
translations of the Registry’s documents are
provided for convenience; in the event of a
discrepancy between the English and the German
language agreements, the terms of the German
agreement will prevail. The Registry documents may
be found at: |
|
|
|
|
|
(h) |
.eu
domains. In the case of a “.eu” registration, the
following terms and conditions will apply: |
|
|
|
(i) |
Eligibility Criteria. .eu domain names are available
for registration to companies and persons who
fulfill the following criteria. As a condition of
registration, you accordingly represent that you
are: |
|
|
|
(A) |
an
undertaking having its registered office,
central administration or principal place of
business within the European Community;
|
|
(B) |
an
organization established within the European
Community without prejudice to the application
of national law, or |
|
(C) |
a
natural person resident within the European
Community. |
|
|
(ii) |
Registry Policy. 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. Registration policies of the
Registry and the terms and conditions applicable to
your .eu registration may be found at:
http://www.eurid.eu/en/general/launch. 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. |
|
(iii) |
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 by the Registry or any court of law. |
|
|
(i) |
.fr
Domains. In the case of a “.fr” registration, the
following terms and conditions will apply: |
|
|
|
(i) |
Representation of Registrant. .fr domain names are
available for registration to companies and persons
who fulfill the following criteria. As a condition
of registration, you accordingly represent that you
are: |
|
|
|
(A) |
A
legal entity: |
|
|
|
(I) |
whose head office is in France; (or), |
|
(II) |
which possess an address in France which is
expressly listed in the public electronic
databases of the registrars of the
commercial courts or the National
Statistical and Economic Studies Institute (INSEE),
(or), |
|
(III) |
State institutions or departments, local
authorities or associated establishments,
(or), |
|
(IV) |
which own a trademark registered with the
National Intellectual Property Institute or
own a registered EU or international
trademark which expressly includes French
territory. |
|
|
(ii) |
Administrative Contact. Each registrant must
designate an administrative contact to act as a
coordinator between the registrant and the
Registry. In the case of .fr registrations, the
administrative contact must be based in France
where it can receive legal and other documents. |
|
(iii) |
Registry Policies. You agree to be bound by the
Registry’s Naming Charter, its registration
rules for .fr. English language translations of
the Registry’s documents are provided for
convenience. The Registry documents may be found
at: www.afnic.fr/obtenir/chartes/nommage-fr. |
|
(iv) |
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 by the
Registry or any court of law. The current .fr
dispute resolution policy and procedures can be
found at
http://www.afnic.fr/doc/ref/juridique/parl.
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 specified by the Registry
or any court of law. |
|
|
(j) |
.it
Domains. In the case of a “it” registration, the
following terms and conditions shall apply: |
|
|
|
(i) |
Registration Criteria. Registration of an .it
name is restricted to subjects belonging to a
member state of the European Union. Individuals
and associations operating without a VAT number
or a fiscal code are limited to a single domain
name registration. |
|
(ii) |
Registry Policy. 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.it/NA/regole-naming-curr-engl.txt.
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.
Additional policies, including transfer
procedures and “netiquette” rules may be found
at
http://www.nic.it/NA/index-engl.html. |
|
|
(k) |
.nl
Domains. In the case of a “.nl” registration,
the following terms and conditions shall apply: |
|
|
|
(i) |
Registration Criteria. Registration of a .nl
domain name is unrestricted save and except that
applicants who are not based in the Netherlands
or who do not have a registered address in the
Netherlands must provide an address in the
Netherlands where written documents can be sent
to the applicant and where legal summonses can
be served. |
|
(ii) |
Registry Policies. You agree to be bound by the
policies of the Registry including but not
limited to the Registry’s Registration
Regulations. English language translations of
the Registry’s documents are provided for
convenience and may be found
here. 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 by the Registry or any
court of law. The current .nl dispute resolution
policy and procedures can be found
here. 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 specified by the
Registry or any court of law. |
|
|
(l) |
.tv
Domains. In the case of a “.tv” registration,
the following terms and conditions will apply: |
|
|
|
(i) |
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.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself
with this policy. |
|
(ii) |
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. |
|
|
(m) |
.uk
Domains. In the case of a .uk registration, the
following terms and conditions will apply: |
|
|
|
(i) |
“Nominet UK” means the entity granted the
exclusive right to administer the registry for .uk
domain name registrations. |
|
(ii) |
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.nominet.org.uk/disputes/. Please
take the time to familiarize yourself with this
policy. |
|
(iii) |
Nominet UK Policy. You agree that your
registration of the domain name shall be subject
to suspension, cancellation, or transfer
pursuant to any Nominet UK-adopted policy, term
or condition, or pursuant to any registrar or
registry procedure not inconsistent with an
Nominet UK-adopted policy, (1) to correct
mistakes by a registrar or the registry in
registering the name, or (2) for the resolution
of disputes concerning the domain name. The
current Nominet UK terms and conditions can be
found at:
http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name
registration with Tucows and/or Reseller, you
will be entering into two contracts – one
contract with Tucows and/or Reseller and one
contract with Nominet UK.
Tucows and your Reseller will act as agents on
your behalf by submitting your application to
Nominet for you, however, you will still be
entering into a direct contract between you and
Nominet UK. This is a separate contract from
this agreement; may be found at
http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware
that by accepting Nominet’s terms and conditions
you are consenting to Nominet using your
personal data for a variety of reasons. In
particular, your name and address may be
published as part of Nominet’s Whois look-up
service. |
|
(iv) |
Transfer of Ownership. Any transfer of ownership
in and to a domain name registration shall be
affected in accordance with Nominet UK policies
and procedures. |
|
|
(n) |
.us
Domains. In the case of a “.us” registration,
the following terms and conditions will apply: |
|
|
|
(i) |
“DOC” means the United States of America
Department of Commerce. |
|
(ii) |
“.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. |
|
(iii) |
Selection of a Domain Name. You certify and
represent that: |
|
|
|
(A) |
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 (ii)
hereinabove; |
|
(B) |
The listed name servers are located within
the United States; |
|
(C) |
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;
|
|
(D) |
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; |
|
(E) |
That the domain name is not being registered
for nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever;
|
|
(E) |
You have the authority to enter into this
Registration Agreement. |
|
|
(iv) |
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.
|
|
(v) |
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: |
|
|
|
(A) |
The Nexus Dispute Policy (“Dispute Policy),
available at:
http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested
parties with an opportunity to challenge a
registration not complying with the Nexus
Requirements. |
|
(B) |
The usTLD Dispute Resolution Policy (“usDRP”)
available at:
http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested
parties with an opportunity to challenge a
registration based on alleged trademark
infringement. |
|
(C) |
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, (ii) where
Tucows is located, and (iii) the United
States. |
|
|
(vi) |
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. |
|
(vii) |
Indemnity. The DOC shall be added to the parties
you have agreed to indemnify in Section 13
hereinabove. |
|
(viii) |
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:
|
|
|
|
(A) |
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); |
|
(B) |
The domain name being registered; |
|
(C) |
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; |
|
(D) |
The IP addresses and names of the primary
nameserver and any secondary nameserver(s)
for the domain name; |
|
|
(ix) |
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 Reseller. |
|
(x) |
Disclosure and Use of the 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 Reseller.
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. |
33.
WHOIS PRIVACY SERVICE. The following terms and
conditions will apply if you subscribe to the Whois
Privacy Service:
|
(a) |
Subscribers to the Whois Privacy Service have
elected to include the following information in the
publicly available Whois Registry: |
|
|
|
(i) |
Contactprivacy.com shall appear as the
Registrant and Contacts name(s); |
|
(ii) |
Tucows’ postal address and a Tucows assigned
email address and telephone number shall appear
on behalf of the Registrant and the Contact(s);
|
|
(iii) |
The primary and secondary nameservers shall be
those designated by the Registrant; |
|
(iv) |
The original date of registration and the
expiration of each domain name; |
|
(v) |
Tucows will be identified as the registrar of
record. |
|
|
(b) |
You
understand and agree that the Registrant and Contact
Information that you have provided will be kept on
file. You further agree and warrant that you will
ensure that the Whois Information is true, accurate
and up to date. |
|
(c) |
You
will will retain complete control over the domain
name and its registration records and may suspend
and reinstate the Whois Privacy Service at your
discretion. |
|
(d) |
The
Whois Privacy Service may be used with both new and
existing domain name registrations. You may use the
Whois Privacy Service with respect to a domain name
that has been transferred but it will only commence
after the transfer has been completed. If you wish
to transfer the domain name to a different
registrar,the Whois Privacy Service must be disabled
in order to initiate the transfer. |
|
(e) |
We
will send all obligatory renewal and transfer
related messages to the Contacts you have
designated. |
|
(f) |
Communications Forwarding. Communications received
with respect to a particular domain name
registration will be handled as follows: |
|
|
|
(i) |
We
will forward to you or a Contact all
correspondence received by registered mail or
traceable courier. This information may be
opened, scanned and emailed to you or your
Contact.. Regular postal mail will be discarded
or returned to sender at our discretion.
|
|
(ii) |
Email correspondence will be forwarded according
to the instructions of the Registrant as they
appear in our records. |
|
(iii) |
A
voice mail message will advise all callers that
inbound messages will not be accepted; calls
will be directed to the contactprivacy.com web
site where written messages will be forwarded
according to your instructions. |
|
(iv) |
We
will only be responsible for forwarding
communications where our details have appeared
in the whois and when your Whois Information is
accurate, complete and up to date. |
|
|
(g) |
Right
to Suspend and Disable. We shall have the right, at
our sole discretion and without liability to you or
any of your Contacts, suspend or cancel your domain
name and to reveal Registrant and Contact Whois
Information in certain circumstances, including but
not limited to the following: |
|
|
|
(i) |
when required by law; |
|
(ii) |
in
the good faith belief that disclosure is
necessary to further determination of an alleged
breach of a law; |
|
(iii) |
to
comply with a legal process served upon Tucows; |
|
(iv) |
to
resolve any and all third party claims including
but not limited to ICANN’s or a Registry’s
dispute resolution policy; |
|
(v) |
to
avoid financial loss or legal liability |
|
(v) |
to
avoid financial loss or legal liability |
|
(vi) |
if
we believe that you or one of your Contacts is
using the Whois Privacy Service to conceal
involvement with illegal, illicit, objectionable
or harmful activities; or |
|
(vii) |
to
transmit SPAM, viruses, worms or other harmful
computer programs. |
|
|
(h) |
You
understand and agree that, in the event that we
receive a formal complaint, notice of claim or UDRP,
that we will have the right to disable the Whois
Privacy Service pending final disposition of the
matter. |
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. |
|
|
|
