
Registration Agreement
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 ICUK Computing
Services Limited, 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.
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.
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 GUARANTEE. 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 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. BREACH. You agree that failure
to abide by any provision of this Agreement, any operating rule or policy
or the Dispute Policy provided by us, may be considered by us to be
a material breach and that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar days of the date
of such notice, you fail to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under the Agreement,
then we may delete the registration or reservation of your domain name.
Any such breach by you shall not be deemed to be excused simply because
we did not act earlier in response to that, or any other breach by you.
16. 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.
17. 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 name and postal address (or,
if different, that of the domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the administrative
contact for the domain name;
(d) the name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the billing
contact for the domain name; and
(e) the name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the technical
contact for the domain name.
Any voluntary information we request
is collected in order that we can continue to improve the products and
services offered to you through your Reseller.
18. 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.
(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.
(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.
(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.
(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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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 authorities
are the complete and exclusive agreement between you and us regarding
our Services.
25. 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.
26. INFANCY. You attest that you are
of legal age to enter into this Agreement.
27. 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.
28. 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
29. 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.
30. TLD'S. The following additional
provisions apply to any domain names that you register through Tucows
with the various registries:
(a) .com/net Domains:
In the case of a ".com" or ".net" registration,
the following terms and conditions will apply:
(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.
(b) .org Domains:
In the case of a ".org" registration, the following terms
and conditions will apply:
(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.
(c) .info Domains:
In the case of a ".info" registration, the following terms
and conditions will apply:
(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.
(ii) 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.
(iii) 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.
(d) .biz Domains.
In the case of a ".biz" registration, the following terms
and conditions will apply:
(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:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business;
or
(C) to facilitate (i) the exchange
of goods, services, information or property of any kind; or (ii) the
ordinary course of trade or business.
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.
(ii) Selection of a Domain Name. You
represent that:
(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;
(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;
(C) that the domain name is not being
registered for nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(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;
(E) you have the authority to enter
into this Registration Agreement; and
(F) the registered domain name is
reasonably related to your business or intended commercial purpose at
the time of registration.
(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:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person
for contact purposes in the case of a registrant that is an organization,
association, or corporation;
(G) the IP addresses of the primary
nameserver and any secondary nameserver for the domain name;
(H) the corresponding names of the
primary and secondary nameservers;
(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
(J) any remark concerning the domain
name that should appear in the WHOIS directory.
(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.
(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:
(A) The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy),
available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution
Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
(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.
(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.
(e) .name Domains.
In the case of a ".name" registration, the following terms
and conditions will apply:
(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.
(ii) .name Representations. As a .name
domain name registrant, you hereby represent that:
(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. The current version of the Dispute Policy may
be found at http://resellers.tucows.com/opensrs/legal. Please take the
time to familiarize yourself with this policy. In addition, 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.
(A) the Eligibility Requirements (the "Eligibility Requirements"),
available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute
Resolution Policy (the "ERDRP"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute
Resolution Policy (the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm.
(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.
(f) .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.
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.
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 |