 |
|
.CC REGISTRATION AGREEMENT
1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration, "we", “us" and "our" refer to TUCOWS Inc. and “Services” refers to the domain name registration provided
by us as offered through Indotek (“Reseller”). This Agreement explains
our obligations to you, and explains your obligations to us for the Services.
2. SELECTION OF A DOMAIN NAME. You represent that, 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.
3. FEES. As consideration for the Services, you agree to pay
the Reseller the applicable service(s) fees. All fees payable hereunder
are non-refundable. 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"). By submitting this Agreement, you represent that the Account Information and
all other statements put forth in your application are true, complete
and accurate. Both Tucows and the Registry reserve 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 violation of this Section 3 will constitute a
material breach of this agreement which will entitle either us or the
Registry to terminate this agreement immediately without any refund and
without notice to you.
4. TERM. This Agreement shall remain in full force during
the length of the term of your domain name registration(s) as selected,
recorded, and paid for upon registration of the domain name. Should you
choose to renew or otherwise lengthen the term of your domain name registration,
then the term of this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar, the terms
and conditions of this contract shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that either we or
the Registry may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement. You agree
to be bound by any such revision or change will which shall be effective
immediately upon posting on our web site or upon notification to you
by e-mail or your country’s postal service pursuant to the Notices section
of this Agreement. You agree to review this Agreement as posted on our
web site periodically to maintain an awareness of any and all such revisions.
If you do not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by e-mail or postal
service pursuant to the Notices section of this Agreement. Notice of
your termination shall be effective after processing by us. You agree
that, by continuing the use of Services following notice of any revision
to this Agreement or change in service(s), you shall be bound by any
such revisions and changes. You further agree to be bound by the Registry dispute policy (“Dispute Policy”)
as presently written and posted on http://www.nic.cc/policies/dispute.html
and as shall be amended from time to time. You acknowledge that if you
do not agree to any such modifications, you may request that your domain
name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use your 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. 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.enic.cc/en-def-85c427fc0417/en/policies/dispute.shtml.
Please take the time to familiarize yourself with this policy.
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. 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 Dispute Policy. You acknowledge that neither we nor
the Registry screen or otherwise review your domain name application
to verify that you have the legal right to use a particular word or term.
You are strongly encouraged to perform a trademark search with respect
to the words and/or phrases comprising your domain name prior to applying
for registration of the domain. You agree that you will be solely liable
in the event that your use of a domain constitutes an infringement or
other violation of a third party’s rights.
9. POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant
to a Tucows, Registry, regulatory or government-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with a Tucows,
Registry, regulatory or government-adopted policy, (1) to correct mistakes
by us or the Registry in registering the name, or (2) for the resolution
of disputes concerning the domain name. 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.cc. 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.
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 have provided notice of the terms and conditions in this Agreement
to any third party licensee and that the third party agrees to the terms
hereof.
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 such Service(s). Neither we nor our contractors
or third party beneficiaries, including but not limited to Verisign,
Inc. and eNic Corporation, shall 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 jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, in
such jurisdictions, 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 us,
our contractors, agents, employees, officers, directors, affiliates and
third party beneficiaries, including but not limited to Verisign, Inc.
and eNic Corporation, harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising under
this Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using
the Service of any intellectual property or other proprietary right of
any person or entity, or from the violation of any of our operating rules
or policy relating to the Service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained
in the 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 shall be a breach of your
Agreement and may result in deactivation of your domain name. This indemnification
obligation will survive the termination or expiration of this Agreement.
14. SCOPE OF REGISTRATION. You will be entitled to exclusive
use of the domain name during the term of the registration. Notwithstanding
the foregoing, you shall not use, display, exploit or register a domain
name which action may constitute illegal activity or be in contravention
or violation of a Tucows or Registry policy. You acknowledge that a breach
of this clause will constitute a material breach of this agreement which
will entitle either Tucows or the Registry to terminate this agreement
immediately upon such breach without any refund. In addition, both we
and/or the Registry may, in our sole discretion, refuse registration
of your desired domain name within thirty (30) calendar days from receipt
of payment. Neither Tucows nor the Registry shall be liable for any loss,
damage or other injury whatsoever resulting from any refusal to register
your desired domain name.
15. 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 user name 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. Your domain name will not be
transferred until we receive such written assurances or other reasonable
assurance that the Transferee has been bound by the contractual terms
of this Agreement (such reasonable assurance as determined by us in our
sole discretion) along with the applicable transfer fee. 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.
16. BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute Policy,
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 fifteen (15)
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. NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection to
either the registration, reservation, or use of the domain name.
18. 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.
19. 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:
o Your name and postal address (or, if different, that of
the domain name holder);
o The domain name being registered;
o The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain
name;
o The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
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.
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that either we and/or the Registry may make directly
available to third parties or publicly available, some or all, of the
Account Information for inspection through our WHOIS service and for
any other purposes as may be required or permitted by applicable laws
or policies. You hereby irrevocably waive and release Tucows and/or the
Registry from any and all claims and causes of action you may have arising
from any disclosure, use, or unauthorized access of your Account Information.
21. REVOCATION. 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 the ICANN Agreement or an ICANN/Registry Operator policy.
22. RIGHT OF REFUSAL. We, in our sole discretion, reserve
the right to refuse to register or reserve your chosen domain name or
register you for other Services. In the event we do not register or reserve
your domain name or register you for other Services, or we delete your
domain name or other Services within such thirty (30) calendar day period,
we agree to refund your applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may result from our refusal
to register, reserve, or delete your domain name or register you for
other Services.
We reserve the right to delete or transfer your domain name
within a thirty (30) day period following registration if we believe
the registration has been made possible by a mistake, made either by
us or by a third party.
23. SEVERABILITY. You agree that the terms of this Agreement
are severable. If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable law
as nearly as possible to reflect the original intentions of the parties,
and the remaining terms and provisions will remain in full force and
effect.
24. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
25. 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.
26. 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 postal service. In the case of e-mail, valid notice
shall only have been deemed to have been given when an electronic confirmation
of delivery has been obtained by the sender. In the case of e-mail, notifications
must be sent to us at lhutz@tucows.com, or in the case of notification
to you, 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. E.S.T., 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
and, in the case of notification to us or to Reseller shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the “Administrative Contact” in your WHOIS record.
27. ENTIRETY. You agree that this Agreement, the rules and
policies published by us and the Dispute Policy are the complete and
exclusive agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
28. 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.
29. INFANCY. You attest that you are of legal age to enter
into this Agreement.
30. FORCE MAJEURE. You acknowledge and agree that neither
we nor the Registry shall be responsible for any failure or delay 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.
31. FOREIGN LANGUAGE; 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.
32. 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.
|