Domain Name Registration Agreement
1. In this Domain Name 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 CED-Hosting Ltd. ("CED-Hosting"),
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 and you will receive a share of the proceeds
received from the new registrant. Tucows will send an email to the last address
you have provided advising you of the sale and your interest in same. At
present, we agree to pay you forty (40) per cent of the net proceeds of any such
auction. You will have one (1) year following the issue of the email to claim
your share of the proceeds. Any amounts not claimed within one (1) year will be
deemed to have been abandoned by you and will be deposited by us for our own
account.
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. |
| (iv) |
Sunrise and General Pre-registration
Applications. You acknowledge that the
submission of a “Sunrise” or a “General
Pre-registration Application” does
not ensure the registration of the domain
name. In the event that your application
does not result in a domain name registration,
a portion of the registration fee shall be
refunded after the deduction of a handling
fee, which fee shall be subject to change
based on fluctuations in the exchange rates
of the US dollar and Euro. You agree that
your sunrise application shall be subject
to the pre-registration policies found at:
http://www.eurid.eu/en/general/launch. |
|
| (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/drs/policy/.
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.
Revised March 2006 |
|
