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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.
MODIFICATIONS TO AGREEMENT. You agree that we 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 ICANN Uniform Dispute Resolution Policy ("Dispute
Policy") as presently written and posted on http://www.opensrs.org/legal/udrp.shtml
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.
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.
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.opensrs.org/legal/udrp.shtml. Please take
the time to familiarize yourself with this policy.
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:
(i) The Uniform Domain Name Dispute Resolution Policy ("Dispute
Policy), available at http://www.icann.org/udrp/udrp.htm; (ii)
The Start-Up Dispute Resolution Policy ("SUDRP"),
available at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules
("RDRP"), available at http://www.neulevel.com/; (collectively,
"Dispute Policies"). The SUDRP sets forth the terms
and conditions in connection with a dispute between a registrant
of a .biz domain name ("Registrant") with any third
party (other than Neulevel, Inc. ("Registry Operator")
or Tucows over the registration or use of a .biz domain name
registered by you that is subject to the Start-up Intellectual
Property Notification Service ("SIPNS"). SIPNS
is a service introduced by Registry Operator to notify a trademark
or service mark holder ("Claimant") that a second-level
domain name has been registered in which that Claimant claims
intellectual property rights. In accordance with the SUDRP
and its associated Rules, those Claimants will have the right
to challenge registrations through independent ICANN-accredited
dispute resolution providers. The Dispute Policy sets forth
the terms and conditions in connection with a dispute between
a Registrant and any party other than the Registry Operator
or Registrar over the registration and use of an Internet domain
name registered by Registrant. he 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.
POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, 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.
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 a third party licensee and that the third
party agrees to the terms hereof.
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
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
miss-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. In no event shall our maximum liability exceed
five hundred ($500.00) dollars.
INDEMNITY. You agree to release, indemnify, and
hold us, our contractors, agents, employees, officers, directors,
affiliates and third party beneficiaries 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.
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.
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.
DISCLAIMER OF WARRANTIES. You agree that your use
of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the Service(s)
will be uninterrupted, timely, secure, or error free; nor do
we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or reliability
of any information obtained through the Service or that defects
in the Service will be corrected. You understand and agree
that any material and/or data downloaded or otherwise obtained
through the use of Service is done at your own discretion and
risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through
the Service or any transactions entered into through the Service.
No advice or information, whether oral or written, obtained
by you from us or through the Service shall create any warranty
not expressly made herein.
INFORMATION. As part of the registration process,
you are required to provide us certain information and to update
us promptly as such information changes such that our records
are current, complete and accurate. You are obliged to provide
us the following information:
(i) Your name and postal address (or, if different, that of
the domain name holder); (ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the administrative contact
for the domain name; (iv) 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 RSP
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,
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.
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 RSP. 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 access or disclosure, alteration
or destruction of that information.
REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update
information provided to us, or your failure to respond for over
fifteen (15) calendar days to inquiries by us concerning the
accuracy of contact details associated with the your registration
shall constitute a material breach of this Agreement and be
a basis for cancellation of the domain name registration.
RIGHT OF REFUSAL. We, and/or Registry Operator,
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 following registration
if we believe the registration has been made possible by a mistake,
made either by us or by a third party. We also reserve
the right to suspend a domain name during resolution of a dispute.
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.
NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor shall
the waiver by us of a breach of any provision hereof be taken
or held to be a waiver of the provision itself.
NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by
sending it via e-mail or via 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. 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 5 business
days after the date of mailing and, in the case of notification
to us or to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
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.
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.
GOVERNING LAW. This Agreement shall be governed
by and interpreted and enforced in accordance with the LAWS
OF Province of ontario and the FEDERAL LAWS OF canada applicable
therein without reference to rules governing choice of laws.
Any action relating to this Agreement must be brought in ontario
and you irrevocably consent to the jurisdiction of such courts.
INFANCY. You attest that you are of legal age to
enter into this Agreement.
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.
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Acceptance
of Agreement
