1. IN THIS REGISTRATION AGREEMENT ("Agreement"), “Registrant”,
"you" and "your" refers to the Registrant of each
domain name registration, "we", “us" and "our"
refers to Tucows.com Co., and “Services” refers to the domain name registration
services provided by us as offered through The Stambouli Enterprises
on this site, the Registration Service Provider (“Reseller”).
Any reference to a “registry,” “Registry” or “Registry Operator” shall
refer to the registry administrator of the applicable TLD or ccTLD.
This Agreement explains our obligations to you, and explains your obligations
to us for the Services. By agreeing to the terms and conditions set
forth in this Agreement, you are also agreeing to be bound by the rules
and regulations set forth by a registry for that particular registry
only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot
guarantee that you will obtain a desired domain name registration, even
if an inquiry indicates that a domain name is available at the time
of your application for same. You represent that, to the best of the
your knowledge and belief, neither the registration of the domain name
nor the manner in which it is directly or indirectly to be used, infringes
upon the legal rights of a third party and further, that the domain
name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose. During the period following registration
of a domain name and the appointment of active name servers, we may
post a stagnant web page and any revenues generated from same shall
be for our own account.
3. FEES. As consideration for the Services, you agree to pay Reseller
the applicable service(s) fees prior to the effectiveness of a desired
domain name registration or any renewal thereof. All fees payable hereunder
are non-refundable even if your domain name registration is suspended,
cancelled or transferred prior to the end of your current registration
term. As further consideration for the Services, you agree to: (1) provide
certain current, complete and accurate information about you as required
by the registration process, and (2) maintain and update this information
as needed to keep it current, complete and accurate. All such information
shall be referred to as account information ("Account Information").
You represent that the Account Information and all other statements
put forth in your application are true, complete and accurate. Both
Tucows and each registry reserves the right to terminate your domain
name registration if: (i) information provided by you or your agent
is false, inaccurate, incomplete, unreliable, misleading or otherwise
secretive; or (ii) you have failed to maintain, update and keep your
Account Information true, current, complete, accurate and reliable.
You acknowledge that a breach of this Section 3 will constitute a material
breach of our Agreement, which will entitle either us or a registry
to terminate this Agreement immediately upon such breach without any
refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term of your
domain name registration as selected, recorded and paid for at the time
of registration or any renewal thereof. Should the domain name be transferred
to another registrar, the terms and conditions of this Agreement shall
cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of
registering and administering domain names is constantly evolving; therefore,
you agree that Tucows may modify this Agreement, or any other related
and/or applicable agreement, as is necessary to comply with its agreements
with ICANN, a registry or any other entity or individual, as well as
to adjust to changing circumstances. All amendments to this Agreement
will be posted on our website. Your continued use of the domain name
registered to you will constitute your acceptance of this Agreement
with any revisions. If you do not agree to any change, you may request
that your domain name registration be cancelled or transferred to a
different accredited registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you do not wish
to abide by any change to this Agreement, or any other related and/or
applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use the Account Identifier and Password
that you selected when you opened your account with us. You agree to
safeguard your Account Identifier and Password from any unauthorized
use. In no event shall we be liable for the unauthorized use or misuse
of your Account Identifier or Password.
7. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to the
registration, reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject
to the provisions specified in the dispute policy adopted by the applicable
registry. You agree that in the event a domain name dispute arises with
any third party, you will indemnify and hold us harmless pursuant to
the terms and conditions contained in the applicable policy. If Tucows
is notified that a complaint has been filed with a judicial or administrative
body regarding your domain name, Tucows may, at its sole discretion,
suspend your ability to use your domain name or to make modifications
to your registration records until (i) Tucows is directed to do so by
the judicial or administrative body, or (ii) Tucows receives notification
by you and the other party contesting your domain that the dispute has
been settled. Furthermore, you agree that if you are subject to litigation
regarding your registration or use of your domain name, Tucows may deposit
control of your registration record into the registry of the judicial
body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to a Tucows,
registry, ICANN or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, registry, ICANN
or government-adopted policy, (1) to correct mistakes by us or a registry
in registering the name or (2) for the resolution of disputes concerning
the domain name.
10. AGENCY. Should you intend to license use of a domain name to a
third party you shall nonetheless be the domain name holder of record
and are therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You shall accept
liability for harm caused by wrongful use of the domain name. You represent
that you will secure the agreement of any third party to the terms and
conditions in this Agreement
11. ANNOUNCEMENTS. We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades,
new products or other information to add security or to enhance your
identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under
this Agreement and any breach of this Agreement is solely limited to
the amount you paid for the initial registration of your domain name.
Tucows and its directors, employees, affiliates, subsidiaries, agents
and third party providers, ICANN and the applicable registries shall
not be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services
or for the cost of procurement of substitute services. Because some
states do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states, our liability is limited to the
extent permitted by law. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account identifier or password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we will
not be liable for any loss of registration and use of your domain name,
or for interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits) regardless
of the form of action whether in contract, tort (including negligence),
or otherwise, even if we have been advised of the possibility of such
damages.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows, its
contractors, agents, employees, officers, directors and affiliates,
ICANN, the applicable registries and their respective directors, officers,
employees, agents and affiliates harmless from all liabilities, claims
and expenses, including attorney's fees, of third parties arising out
of or relating to the registration or use of the domain name registered
in your name, whether used by yourself, licensed to a third party or
pursuant to the Whois Privacy Service, including without limitation
infringement by you or a third party with access to your Account Identifier
and Password. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the applicable Dispute
Policy. When we are threatened with suit by a third party, we may seek
written assurances from you concerning your promise to indemnify us;
your failure to provide those assurances may be considered by us to
be a breach of your Agreement and may result in the suspension or cancellation
of your domain name. This indemnification obligation will survive the
termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois
shall be the registered name holder. The person named as administrative
contact at the time the controlling account identifier and password
are secured shall be deemed the designate of the Registrant with the
authority to manage the domain name. You agree that prior to transferring
ownership of your domain name to another person (the “Transferee")
you shall require the Transferee to agree, in writing to be bound by
all the terms and conditions of this Agreement. If the Transferee fails
to be bound in a reasonable fashion (as determine by us in our sole
discretion) to the terms and conditions in this Agreement, any such
transfer will be null and void.
15. RENEWALS AND FORFEITURE. Domain names are registered for a finite
period of time. You will receive reminders immediately prior to the
expiration of your registration inviting you to renew your domain name.
In the event that you fail to renew your domain name in a timely fashion,
your registration will expire and we may, at our discretion, elect to
assume the registration and may hold it for our own account, delete
it or we may sell it to a third party. You acknowledge and agree that
your right and interest in a domain name ceases upon its expiration
and that any expired domain name may be made available for registration
by a third party.
If you fail to renew your registration, your domain name may cease
to resolve and visitors to your site may be redirected to a default
page informing them that the site is no longer in service. This parked
or default page may feature advertisements posted by us for our own
account.
If we have elected to renew the registration, you will be entitled
to a grace period during which you may re-register the domain name from
us. Additional costs may apply. During this grace period, we may post
a parked page and/or may revise the “Whois” registration records to
include either our information or that of your Reseller. The domain
name may also be listed for auction. If the name is sold during any
such auction, it will be acquired by a third party on a provisional
basis and will remain available for re-registration by you during our
stated grace period. If you do not re-register the domain name during
the grace period, the auction sale will be concluded.
If you fail to renew your domain name registration during the grace
period, you acknowledge that you have abandoned the domain name and
that it is available for sale and registration by any third party.
16. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If within thirty
(30) calendar days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration
or reservation of your domain name. Any such breach by you shall not
be deemed to be excused simply because we did not act earlier in response
to that, or any other breach by you.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services
is solely at your own risk. You agree that such Service(s) is provided
on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the Service(s) will
be uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered
into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create
any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
(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.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available
to ICANN, to the registry administrators, law enforcement agencies and
to other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third
party vendors, some or all, of the domain name registration information
you provide, for purposes of inspection (such as through our Whois service)
or other purposes as required or permitted by ICANN and applicable laws.
(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.
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed
to the email address of the registrant, the administrative, billing
or technical contact appearing in the Whois directory with respect to
a domain name concerning the accuracy of contact details associated
with the registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name registration. Any
information collected by us concerning an identified or identifiable
natural person (“Personal Data”) will be used in connection with the
registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to deny,
cancel, suspend, transfer or modify any domain name registration to
correct a mistake, protect the integrity and stability of the company
and any applicable registry, to comply with any applicable laws, government
rules, or requirements, requests of law enforcement, in compliance with
any dispute resolution process, or to avoid any liability, civil or
criminal. You agree that we shall not be liable to you for loss or damages
that may result from our refusal to register or cancel, suspend, transfer
or modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this
Agreement may be inconsistent with any term, condition, policy or procedure
of an applicable registry, the term, condition, policy or procedure
of the applicable registry shall prevail.
23. NON-WAIVER. Our failure to require performance by you of any provision
hereof shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
24. NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail
or via regular mail. In the case of e-mail, valid notice shall only
have been deemed to be given when an electronic confirmation of delivery
has been obtained by the sender. E-mail notification to Tucows must
be sent to lhutz@tucows.com. Any notice to you will be sent to the e-mail
address provided by you in your Whois record. Any e-mail communication
shall be deemed to have been validly and effectively given on the date
of such communication, if such date is a business day and such delivery
was made prior to 4:00 p.m. EST, otherwise it will be deemed to have
been delivered on the next business day. In the case of regular mail
notice, valid notice shall be deemed to have been validly and effectively
given five (5) business days after the date of mailing Postal notices
to Tucows shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address
specified in the “Administrative Contact” in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by Tucows and any applicable
registry or other governing authority, are the complete and exclusive
agreement between you and us regarding our Services.
26. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND
THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION
OF SUCH COURTS.
27. INFANCY. You attest that you are of legal age to enter into this
Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor the
applicable registry shall be responsible for any failures or delays
in performing our respective obligations hereunder arising from any
cause beyond our reasonable control, including but not limited to, acts
of God, acts of civil or military authority, fires, wars, riots, earthquakes,
storms, typhoons and floods.
29. PRIVACY. Information collected about you is subject to the terms
of Tucows’ privacy policy, the terms of which are hereby incorporated
by reference. Tucows’ privacy policy can be found at: http://www.tucows.com/privacy.html
30. CONTROLLING LANGUAGE. In the event that you are reading this Agreement
in a language other than the English language, you acknowledge and agree
that the English language version hereof shall prevail in case of inconsistency
or contradiction in interpretation or translation.
31. TLD’S. The following additional provisions apply to any domain
names that you register through Tucows with the various registries:
(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;
(ii) 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.
(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 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;
(ii) 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.
(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) 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;
(iv) Reservation of Rights. Tucows and Afilias expressly reserve the
right to deny, cancel, transfer, or modify any registration that either
registrar or Afilias deems necessary, at its discretion, to protect
the integrity and stability of the registry, to comply with any applicable
law, any government rule or requirement, any request of law enforcement,
any dispute resolution process, or to avoid any liability, civil or
criminal, on the part of the registrar and/or Afilias, as well as their
affiliates, subsidiaries, executives, directors, officers, managers,
employees, consultants, and agents. The registrar and Afilias also reserve
the right to suspend a domain name or its registration data during resolution
of a dispute.
(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.
(vii) For the adjudication of disputes concerning or arising from use
of the domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
(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. 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.
(xi) For the adjudication of disputes concerning or arising from use
of the domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
32. ccTLD’S (a) .at Domains. In the case of a “.at” registration, the
following terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
(b) .be Domains. In the case of a “.be” registration, the following
terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.dns.be/en/home.php?n=51.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the .be Dispute Policy that is incorporated
herein and made a part of this Agreement by reference. The current version
of the Dispute Policy may be found at http://www.dns.be/en/home.php?n=53.
(c) .ca Domains. In the case of a “.ca” registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policy, which is incorporated herein
and made a part of this Agreement by reference. The current version
of the Dispute Policy may be found at http://www.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant
to any Registry-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Registry adopted policy, (1) to correct
mistakes by Tucows or the Registry in registering the name or (2) for
the resolution of disputes concerning the domain name.
(iii) Transfer of Ownership. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with registry policies
and procedures.
(iv) Registry Agreement and Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement you shall be
bound by the Registry’s Registrant Agreement, the Registry’s policies
and any pertinent rules or policies that exist now or in the future
and which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry agreement or policy, your sole remedy is
to cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
(v) You acknowledge and agree that the Registry shall not be liable
to you for any loss, damage, or expense arising out of the Registry’s
failure or refusal to register a domain name, it’s failure or refusal
to renew a domain name registration, it’s registration of a domain name,
it’s failure or refusal to renew a domain name registration, it’s renewal
of a domain name registration, it’s failure or refusal to transfer a
domain name registration, it’s transfer of a domain name registration,
it’s failure or refusal to maintain or modify a domain name registration,
it’s maintenance of a domain name registration, it’s modification of
a domain name registration, it’s failure to cancel a domain name registration
or it’s cancellation of a domain name registration from the Registry;
(d) .cc Domains. In the case of a “.cc” registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policy that is incorporated herein
and made a part of this Agreement by reference. The current version
of the Dispute Policy may be found at http://www.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
(e) .ch Domains. In the case of a “.ch” registration, the following
terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the .ch Dispute Policy that is incorporated
herein and made a part of this Agreement by reference. The current version
of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this policy.
(f) .cn Domains. In the case of a “.cn” registration, the following
terms and conditions shall apply:
(i) “Registry” means the China Internet Network Information Center,
which is the authority responsible for the administration of the national
top-level domain of the People’s Republic of China and the Chinese domain
name system;
(ii) “Registry Gateway” means the service provided by the Registry Operator
that facilitates the registration of .cn domain names by registrars
operating outside of the People’s Republic of China;
(iii) “Registry Operator“ means Neustar, Inc., the company authorized
to facilitate the registration of .cn domain names by registrars operating
outside of the People’s Republic of China.
(iv) Restrictions. You agree that you shall not register or use a domain
name that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the Constitution of
the Peoples Republic of China (“PRC”);
(B) jeopardize national security, leak state secrets, intend to overturn
the government or disrupt the integrity of the PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different nationalities
or disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social stability
of the PRC;
(F) spread pornography, obscenity, gambling, violence, homicide, terror
or instigate crimes in the PRC;
(G) insult, libel against others and infringe other people’s legal rights
and interests in the PRC; or
(H) take any other action prohibited in laws, rules and administrative
regulations of the PRC.
(v) Business or Organization Representation. .cn domain name registrations
are intended for businesses and organizations and not for individual
use. By registering a .cn name, you accordingly represent that you have
registered the domain name on behalf or a business or organization.
It should be noted that, although .cn policy is permissive in terms
of registration, and enforcement is generally in reaction to a complaint
(as opposed to proactive review), registrations that are not associated
with an organization or business may be subject to deletion. The foregoing
prevents an individual from registering a .cn domain name for a business
operating as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and understood
and agree to be bound by the terms and conditions of the CNNIC Domain
Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy
(“Dispute Policy”), as they may be amended from time to time, which
are hereby incorporated and made an integral part of this Agreement.
The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute Policy, Registrars
must comply with all reasonable requests from the applicable domain
name dispute resolution institutions including the provision of all
relevant evidence in any domain name disputes in the specified time
frames.
(viii) If we are notified that a complaint has been filed with a judicial
or administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do so by the judicial
or administrative body, or (ii) we receive notification by you and the
other party contesting your registration and use of our domain name
registration services that the dispute has been settled. Furthermore,
you agree that if you are subject to litigation regarding your registration
and use of our domain name registration services, we may deposit control
of your domain name record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
(ix) Adherence to Policies. You agree to comply with all applicable
laws, regulations and policies of the Peoples Republic of China’s governmental
agencies and the China Internet Network Information Centre (“CNNIC”),
including but not limited to the following rules and regulations:
(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.
(x) Suspension and Cancellation. You agree that your registration of
the domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, CNNIC or government-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with a CNNIC or government-adopted policy, (1) to correct mistakes by
a party in registering the name, (2) for the resolution of disputes
concerning the domain name, (3) to protect the integrity and stability
of the registry, (4) to comply with any applicable laws, government
rules or requirements, requests of aw enforcement, (5) to avoid any
liability, civil or criminal, on the part of Tucows, Registry Operator
or CNNIC, as well as their affiliates, subsidiaries, directors, representatives,
employees and stockholders or (6) for violations of this Agreement.
Tucows, Registry Operator and CNNIC also reserve the right to “freeze”
a domain name during the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of
the courts (1) of the Registrant’s domicile, (2) where Tucows is located,
and (3) the People’s Republic of China.
(xii) Governing Law. For the adjudication of a dispute concerning or
arising from use of a .cn domain, such dispute will be governed under
the Laws of the Peoples Republic of China.
(g) .de Domains. In the case of a “.de” registration, the following
terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registry’s Terms and Conditions
and the Registry’s Guidelines and have provided your Reseller with written
confirmation of same;you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines and have provided
your Reseller with written confirmation of same;
(B) either you, or the person designated as the administrative contact
for the domain name, shall be resident or shall have a branch in Germany;
(C) to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly
to be used infringes upon the legal rights of a third party and, further,
that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever.
(ii) Domain Name Disputes. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject
to the provisions specified by the Registry or any court of law. You
agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms
and conditions specified by the Registry or any court of law.
(iii) Registry Policies. You agree to be bound by the Registry’s Registration
Terms and Conditions and the Registration Guidelines. English language
translations of the Registry’s documents are provided for convenience;
in the event of a discrepancy between the English and the German language
agreements, the terms of the German agreement will prevail. The Registry
documents may be found at:
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
(h) .eu domains. In the case of a “.eu” registration, the following
terms and conditions will apply:
(i) Eligibility Criteria. .eu domain names are available for registration
to companies and persons who fulfill the following criteria. As a condition
of registration, you accordingly represent that you are:
(A) an undertaking having its registered office, central administration
or principal place of business within the European Community;
(B) an organization established within the European Community without
prejudice to the application of national law, or
(C) a natural person resident within the European Community.
(ii) Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website. Registration policies
of the Registry and the terms and conditions applicable to your .eu
registration may be found at: http://www.eurid.eu/en/general/launch.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
(iii) Domain Name Disputes. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject
to the provisions specified by the Registry or any court of law.
(i) .fr Domains. In the case of a “.fr” registration, the following
terms and conditions will apply:
(i) Representation of Registrant. .fr domain names are available for
registration to companies and persons who fulfill the following criteria.
As a condition of registration, you accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in France; (or),
(II) which possess an address in France which is expressly listed in
the public electronic databases of the registrars of the commercial
courts or the National Statistical and Economic Studies Institute (INSEE),
(or),
(III) State institutions or departments, local authorities or associated
establishments, (or),
(IV) which own a trademark registered with the National Intellectual
Property Institute or own a registered EU or international trademark
which expressly includes French territory.
(ii) Administrative Contact. Each registrant must designate an administrative
contact to act as a coordinator between the registrant and the Registry.
In the case of .fr registrations, the administrative contact must be
based in France where it can receive legal and other documents.
(iii) Registry Policies. You agree to be bound by the Registry’s Naming
Charter, its registration rules for .fr. English language translations
of the Registry’s documents are provided for convenience. The Registry
documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) Domain Name Disputes. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject
to the provisions specified by the Registry or any court of law. The
current .fr dispute resolution policy and procedures can be found at
http://www.afnic.fr/doc/ref/juridique/parl. You agree that in the event
a domain name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions specified
by the Registry or any court of law.
(j) .it Domains. In the case of a “it” registration, the following terms
and conditions shall apply:
(i) Registration Criteria. Registration of an .it name is restricted
to subjects belonging to a member state of the European Union. Individuals
and associations operating without a VAT number or a fiscal code are
limited to a single domain name registration.
(ii) Registry Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation. Additional policies, including transfer
procedures and “netiquette” rules may be found at http://www.nic.it/NA/index-engl.html.
(k) .nl Domains. In the case of a “.nl” registration, the following
terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl domain name is unrestricted
save and except that applicants who are not based in the Netherlands
or who do not have a registered address in the Netherlands must provide
an address in the Netherlands where written documents can be sent to
the applicant and where legal summonses can be served.
(ii) Registry Policies. You agree to be bound by the policies of the
Registry including but not limited to the Registry’s Registration Regulations.
English language translations of the Registry’s documents are provided
for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.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.
(l) .tv Domains. In the case of a “.tv” registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another Registrar,
you agree to be bound by the Dispute Policy that is incorporated herein
and made a part of this Agreement by reference. The current version
of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this policy.
(ii) Policy . You agree that your registration of the .tv domain name
shall be subject to suspension, cancellation, or transfer pursuant to
any ICANN or government adopted policy, or pursuant to any Registrar
or registry procedure not inconsistent with an ICANN or government-adopted
policy, (1) to correct mistakes by us or the applicable Registry in
registering the name or (2) for the resolution of disputes concerning
the domain name. You acknowledge that you have reviewed the .tv General
Terms of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
(m) .uk Domains. In the case of a .uk registration, the following terms
and conditions will apply:
(i) “Nominet UK” means the entity granted the exclusive right to administer
the registry for .uk domain name registrations.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policy which is incorporated herein
and made a part of this Agreement by reference. The current version
of the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/.
Please take the time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant
to any Nominet UK-adopted policy, term or condition, or pursuant to
any registrar or registry procedure not inconsistent with an Nominet
UK-adopted policy, (1) to correct mistakes by a registrar or the registry
in registering the name, or (2) for the resolution of disputes concerning
the domain name. The current Nominet UK terms and conditions can be
found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration with Tucows
and/or Reseller, you will be entering into two contracts – one contract
with Tucows and/or Reseller and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf by submitting
your application to Nominet for you, however, you will still be entering
into a direct contract between you and Nominet UK. This is a separate
contract from this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by accepting Nominet’s
terms and conditions you are consenting to Nominet using your personal
data for a variety of reasons. In particular, your name and address
may be published as part of Nominet’s Whois look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with Nominet UK policies
and procedures.
(n) .us Domains. In the case of a “.us” registration, the following
terms and conditions will apply:
(i) “DOC” means the United States of America Department of Commerce.
(ii) “.us Nexus Requirement”. Only those individuals or organizations
that have a substantive lawful connection in the United States are permitted
to register for .usTLD domain names. Registrants in the .usTLD must
satisfy the nexus requirement (“Nexus” or “Nexus Requirements”) set
out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and represent that:
(A) You have and shall continue to have, a bona fide presence in the
United States on the basis of real and substantial lawful contacts with,
or lawful activities in, the United States as defined in Section (ii)
hereinabove;
(B) The listed name servers are located within the United States;
(C) The data provided in the domain name registration application is
true, correct, up to date and complete, and that you will continue to
keep all of the information provided correct, up-to-date and complete;
(D) To the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly
to be used infringes upon the legal rights of a third party;
(E) That the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
(E) You have the authority to enter into this Registration Agreement.
(iv) Domain Name Dispute Policy. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policy and the usDRP, as defined
below, that is incorporated herein and made a part of this Agreement
by reference. Please take the time to familiarize yourself with these
policies.
(v) Domain Name Disputes. You acknowledge having read and understood
and agree to be bound by the terms and conditions of the following documents,
as they may be amended from time to time, which are hereby incorporated
and made an integral part of this Agreement:
(A) The Nexus Dispute Policy (“Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity
to challenge a registration not complying with the Nexus Requirements.
(B) The usTLD Dispute Resolution Policy (“usDRP”) available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an opportunity
to challenge a registration based on alleged trademark infringement.
(C) In addition to the foregoing, you agree that, for the adjudication
of disputes concerning or arising from use of the Registered Name, you
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (i) of your domicile, (ii) where Tucows
is located, and (iii) the United States.
(vi) Policy. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, the DOC or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with
a DOC or government-adopted policy, (1) to correct mistakes by us or
the applicable Registry in registering the name or (2) for the resolution
of disputes concerning the domain name. The Registry Operator’s policies
can be found at http://www.neustar.us/policies.
(vii) Indemnity. The DOC shall be added to the parties you have agreed
to indemnify in Section 13 hereinabove.
(viii) Information. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
(A) Your full name, postal address, e-mail address and telephone number
and fax number (if available) (or, if different, that of the domain
name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone number and
fax number (if available) telephone numbers of the administrative contact,
the technical contact and the billing contact for the domain name;
(D) The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name;
(ix) In addition to the foregoing, you will be required to provide additional
Nexus Information. The Nexus Information requirements are set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through
your Reseller.
(x) Disclosure and Use of the Registration Information. You agree and
acknowledge that we will make domain name registration information you
provide available to the DOC, to the Registry Operator, and to other
third parties as applicable. You further agree and acknowledge that
we may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information you
provide, for purposes of inspection (such as through our Whois service)
or other purposes as required or permitted by the DOC and applicable
laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after
the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from
such disclosure or use of your domain name registration information
by us.
You may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain
manager service, or similar service, made available by us through your
Reseller.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized accessor disclosure, alteration
or destruction of that information.
33. WHOIS PRIVACY SERVICE. The following terms and conditions will apply
if you subscribe to the Whois Privacy Service: (a) Subscribers to the
Whois Privacy Service have elected to include the following information
in the publicly available Whois Registry:
(i) Contactprivacy.com shall appear as the Registrant and Contacts name(s);
(ii) Tucows’ postal address and a Tucows assigned email address and
telephone number shall appear on behalf of the Registrant and the Contact(s);
(iii) The primary and secondary nameservers shall be those designated
by the Registrant;
(iv) The original date of registration and the expiration of each domain
name;
(v) Tucows will be identified as the registrar of record.
(b) You understand and agree that the Registrant and Contact Information
that you have provided will be kept on file. You further agree and warrant
that you will ensure that the Whois Information is true, accurate and
up to date.
(c) You will will retain complete control over the domain name and its
registration records and may suspend and reinstate the Whois Privacy
Service at your discretion.
(d) The Whois Privacy Service may be used with both new and existing
domain name registrations. You may use the Whois Privacy Service with
respect to a domain name that has been transferred but it will only
commence after the transfer has been completed. If you wish to transfer
the domain name to a different registrar,the Whois Privacy Service must
be disabled in order to initiate the transfer.
(e) We will send all obligatory renewal and transfer related messages
to the Contacts you have designated.
(f) Communications Forwarding. Communications received with respect
to a particular domain name registration will be handled as follows:
(i) We will forward to you or a Contact all correspondence received
by registered mail or traceable courier. This information may be opened,
scanned and emailed to you or your Contact.. Regular postal mail will
be discarded or returned to sender at our discretion.
(ii) Email correspondence will be forwarded according to the instructions
of the Registrant as they appear in our records.
(iii) A voice mail message will advise all callers that inbound messages
will not be accepted; calls will be directed to the contactprivacy.com
web site where written messages will be forwarded according to your
instructions.
(iv) We will only be responsible for forwarding communications where
our details have appeared in the whois and when your Whois Information
is accurate, complete and up to date.
(g) Right to Suspend and Disable. We shall have the right, at our sole
discretion and without liability to you or any of your Contacts, suspend
or cancel your domain name and to reveal Registrant and Contact Whois
Information in certain circumstances, including but not limited to the
following:
(i) when required by law;
(ii) in the good faith belief that disclosure is necessary to further
determination of an alleged breach of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including but not limited
to ICANN’s or a Registry’s dispute resolution policy;
(v) to avoid financial loss or legal liability
(v) to avoid financial loss or legal liability
(vi) if we believe that you or one of your Contacts is using the Whois
Privacy Service to conceal involvement with illegal, illicit, objectionable
or harmful activities; or
(vii) to transmit SPAM, viruses, worms or other harmful computer programs.
(h) You understand and agree that, in the event that we receive a formal
complaint, notice of claim or UDRP, that we will have the right to disable
the Whois Privacy Service pending final disposition of the matter.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
