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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
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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(a) |
.com/net Domains: In the case of a “.com” or “.net”
registration, the following terms and conditions will
apply: |
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(i) |
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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(b) |
.org
Domains: In the case of a “.org” registration, the
following terms and conditions will apply: |
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(i) |
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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(c) |
.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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(iii) |
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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(iv) |
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. |
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(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, |
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(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; |
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(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) |
| | |