Exhibit A
Registration Agreement
- 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
Negox! Internet Solutions, LLC, the Registration Service Provider
("Reseller"). Any reference to a "registry," "Registry" or "Registry Operator"
shall refer to the registry administrator of the applicable top-level domain
("TLD"). 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.
- SELECTION OF A DOMAIN NAME. You acknowledge and agree that we
cannot guarantee that you will obtain a desired domain name, even if an inquiry
indicates that a domain name is available at the time of your application. You
represent that, to the best of the your knowledge and belief, neither the
registration of the domain name nor the manner in which you intend to use it,
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 and
specifying the amount of time you have 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, in our sole discretion, have elected to renew the registration, you will
be entitled to a grace period of thirty-five (35) days during which you may
re-register the domain name from us. Additional costs for the redemption and
re-registration will 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 also may 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- INFANCY. You attest that you are of legal age to enter into
this Agreement.
- 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.
- 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
- 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.
- TLD'S. The following additional provisions apply to any domain
names that you register through Tucows with the various registries:
- .com/net Domains: In the case of a ".com" or ".net" registration, the following
terms and conditions will apply:
- 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;
- 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.
- .org Domains: In the case of a ".org" registration, the following terms and
conditions will apply:
- 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;
- 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.
- .info Domains: In the case of a ".info" registration, the following terms and
conditions will apply:
- 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;
- 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;
- 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;
- 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.
- .biz Domains. In the case of a ".biz" registration, the following terms and
conditions will apply:
- .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.
- 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.
- 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.
- 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").
- 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.
- 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.
- 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.
- .name Domains. In the case of a ".name" registration, the following terms and
conditions will apply:
- .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.
- .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.
- 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.
- 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.
- 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.
- 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.
- 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. (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
- 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.
- 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.
- 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.
- 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.
- .at Domains. In the case of a ".at" registration, the following terms and
conditions will apply:
- 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.
- .be Domains. In the case of a ".be" registration, the following terms and
conditions will apply:
- 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=121.
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.
- 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.
- .ca Domains. In the case of a ".ca" registration, the following terms and
conditions will apply:
- 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.
- 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.
- Transfer of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry policies and
procedures.
- 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.
- 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;
- .cc Domains. In the case of a ".cc" registration, the following terms and
conditions will apply:
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.html.
Please take the time to familiarize yourself with this policy.
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.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 policy, your sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such cancellation.
- .ch Domains. In the case of a ".ch" registration, the following terms and
conditions shall apply:
- 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.
- 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.
- .cn Domains. In the case of a ".cn" registration, the following terms and
conditions shall apply:
- "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;
- "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;
- "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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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: (A) Provisional Administrative Rules for
Registration of Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm); (B) Detailed
Implementation Rules for Registration of Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm); (C) Chinese Domain
Names Dispute Resolution Policy (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and (D) CNNIC
Implementing Rules of Domain Name Registration (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
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.
- 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.
- 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.
- 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.
- .de Domains. In the case of a ".de" registration, the following terms and
conditions will apply:
- 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.
- 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.
- 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:
English: (A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html; (B) Registration Guidelines
http://www.denic.de/en/richtlinien.html; German: (C)
DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html (D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
- .eu domains. In the case of a ".eu" registration, the following terms and
conditions will apply:
- 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.
- 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/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_en.pdf.
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.
- 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.
- .fr Domains. In the case of a ".fr" registration, the following terms and
conditions will apply:
- 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.
- 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.
- 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:
http://www.afnic.fr/obtenir/chartes/nommage-fr.
- 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.
- .it Domains. In the case of a "it" registration, the following terms and
conditions shall apply:
- 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.
- 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.
- .nl Domains. In the case of a ".nl" registration, the following terms and
conditions shall apply:
- 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.
- 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 at:
http://www.sidn.nl/ace.php/c,728,17,,,,Rules.html. 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 at
http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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.
- .tv Domains. In the case of a ".tv" registration, the following terms and
conditions will apply:
- 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.
- 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.verisign.com/information-services/naming-services/cctlds/page_042130.html"
and expressly agree to the terms outlined therein.
- .uk Domains. In the case of a .uk registration, the following terms and
conditions will apply:
- "Nominet UK" means the entity granted the exclusive right to administer the
registry for .uk domain name registrations.
- 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/terms/
When you submit a request for a domain name registration with Tucows and/or
Reseller, you will be entering into two contracts Ð 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.
- 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.
- .us Domains. In the case of a ".us" registration, the following terms and
conditions will apply:
- "DOC" means the United States of America Department of Commerce.
- ".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.
- 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; (F) You have the
authority to enter into this Registration Agreement.
- 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.
- 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.
- 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.
- Indemnity. The DOC shall be added to the parties you have agreed to indemnify in
Section 13 hereinabove.
- 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;
- 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.
- 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.
- .asia Domains. In the case of a .asia registration, the following terms apply:
- The Registered Name Holder/Registrant consents to the use, copying,
distribution, publication, modification and other processing of its Personal
Data by DotAsia Organisation Limited and its designees and agents in a manner
consistent with the purposes specified pursuant to the Registry-Registrar
Agreement and with relevant mandatory local data protection, laws and privacy.
- The Registered Name Holder/Registrant agrees to correct and update the
registration information for the Registered Name immediately during the
registration term for the Registered Name.
- In addition to the complying with the Registrar's policies, the Registered Name
Holder/Registrant* agrees to comply with those ICANN requirements, standards,
policies, procedures, and practices for which the Registry Operator DotAsia
Organisation Limited has monitoring responsibility in accordance with the
Registry Agreement or with other arrangements with ICANN.
- The Registered Name Holder/Registrant agrees to comply with all the operational
standards, policies, procedures, and practices for the .ASIA Registry as
established from time to time in a non-arbitrary manner by DotAsia Organisation
Limited (".ASIA Registry Policies"). The Registered Name Holder/Registrant
acknowledges that .ASIA Registry Policies are applicable to all registrars
and/or registered name holders/registrants. Any changes of the .ASIA Registry
Policies by the DotAsia Organisation Limited that are consistent with the
Registry Agreement shall be effective upon thirty (30) days' notice by DotAsia
Organisation Limited to Registrar. The Registered Name Holder/Registrant further
agrees to be bound by the terms and conditions as set down by DotAsia
Organisation Limited during the initial launch and the general operations of the
.ASIA TLD, including without limitation its Start-Up Policies where such terms
and conditions include the submission to a binding arbitration for disputes
arising from the Start-Up process or any allocation of domain names.
- The Registered Name Holder/Registrant agrees to submit to proceedings commenced
under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and to
proceedings commenced under ICANN's Charter Eligibility Dispute Resolution
Policy ("CEDRP"). The Registered Name Holder/Registrant agrees to submit to
proceedings commenced under other dispute resolution policies as set forth by
DotAsia Organisation Limited from time to time in the Registry Policies,
including but not limited to expedited processes for suspension of a domain name
by claims sought by intellectual property right holders, Internet engineering
and security experts or other competent claimants in the purpose of upholding
the stability, security and integrity of the .ASIA Registry.
- The Registered Name Holder/Registrant acknowledges and agrees to comply with the
.ASIA Charter Eligibility Requirement. The Registered Name Holder/Registrant*
acting as Registrant Contact represents and warrants that it has made known to
the Charter Eligibility Declaration Contact (the "CED Contact"), and the CED
Contact has agreed, that the Registrant Contact and the CED Contact will jointly
be defined as the Registered Name Holder, and that it shall be jointly
responsible for the Registered Name in the event of a dispute or a challenge
over the Registered Name Holder/Registrant's* legal entitlement to or the
ownership of the Registered Name. The CED Contact shall be bound by the
provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility
Requirement Policy published from time to time. Registered Name
Holder/Registrant acting as Registrant Contact agrees that it has obtained an
agreement from the CED Contact that the Registrant Contact shall remain the
Operating Contact for all operations of the domain, including but not limited to
domain transfer and updates.
- The Registered Name Holder/Registrant agrees to indemnify, to the maximum extent
permitted by law, defend and hold harmless the Registry Operator DotAsia
Organisation Limited and its directors, officers, employees and agents from and
against any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or relating to the Registered
Name Holder's domain name registration and or use. Notwithstanding the other
provisions in this Agreement, the Registered Name Holder agrees that this
indemnification obligation shall survive the termination or expiration of this
registration agreement.
- The Registered Name Holder/Registrant acknowledges and agrees that DotAsia
Organisation Limited and Registry Services Provider, acting in consent with
DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any
registration that it deems necessary, in its sole discretion (i) to protect the
integrity security, and stability of the registry; (ii) to comply with all
appropriate laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process; (iii) to avoid any liability,
civil or criminal, on the part of DotAsia Organisation Limited as well as its
affiliates, subsidiaries, officers, directors, representatives, employees, and
stockholders; (iv) for violations of the terms and conditions herein: or (v) to
correct mistakes made by DotAsia Organisation Limited, the Registry Services
Provider or any registrar in connection with a domain name registration. DotAsia
Organisation Limited also reserves the right to freeze a Registered Name such as
placing a domain name on hold, lock, or other status during the resolution of a
dispute.
- Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation
Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended
third party beneficiary of this Agreement. As such, the parties to this
Agreement acknowledge and agree that the third party beneficiary rights of
DotAsia Organisation Limited have vested and that it has relied on its third
party beneficiary rights under this Agreement in agreeing to Tucows being a
registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of
DotAsia Organisation Limited shall survive any termination or expiration of this
Agreement.
- The Registered Name Holder/Registrant acknowledges that in the event of conflict
between this section of the Agreement and other sections of the same, this
section shall prevail.
- WHOIS PRIVACY SERVICE. The following terms and conditions will
apply if you subscribe to the Whois Privacy Service:
- Subscribers to the Whois Privacy Service have elected to include the following
information in the publicly available Whois Registry:
- 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.
- 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.
- 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.
- 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.
- We will send all obligatory renewal and transfer related messages to the
Contacts you have designated.
- 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.
- 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.
- 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.
© 2002 - 2008 Negox! Internet Solutions, LLC. All Rights Reserved.