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- AGREEMENT. In this Registration Agreement ("Agreement") "you" and
"your" refer to each customer, "we", us" and "our" refer to Tucows.com
Inc. and "Services" refers to the domain name registration provided by
us as offered through DLS Internet, the Registration Service Provider
("RSP"). This Agreement explains our obligations to you, and explains
your obligations to us for various Services.
- SELECTION OF A DOMAIN NAME. You represent that, to the best of
the your knowledge and belief, neither the registration of the SLD name
nor the manner in which it is directly or indirectly used infringes the
legal rights of a third party and that the Domain Name is not being
registered for any unlawful purpose.
- FEES. As consideration for the services you have selected, you
agree to pay to us, or your respective RSP who remits payment to us on
your behalf, 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"). You, by completing and submitting this Agreement represent
that the statements in your application are true.
- TERM. You agree that the Registration Agreement will remain in
full force during the length of the term of your Domain Name
Registration. Should you choose to renew or otherwise lengthen the term
of your Domain Name Registration, then the term of this Registration
Agreement will be extended accordingly. This Agreement will remain in
full force during the length of the term of your Domain Name Registration
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 will be
extended accordingly. Should you transfer your domain name or should the
domain name otherwise be transferred due to another Registrar, the terms
and conditions of this contract shall cease and shall be replaced by the
contractual terms in force for the purpose of registering domain names
then in force between SLD holders and the new Registrar.
- MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement. Any
such revision or change will be binding and effective immediately on
posting of the revised Agreement or change to the service(s) on our web
site, or on notification to you by e-mail or regular mail as per the
Notices section of this agreement. You agree to review our web site,
including the Agreement, periodically to be aware of any 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
regular mail as per the Notices section of this agreement. Notice of your
termination will be effective on receipt and processing by us. You agree
that, by continuing to use the Services following notice of any revision
to this Agreement or change in service(s), you shall abide by any such
revisions or changes. You further agree to abide by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as amended from time to
time. You agree that, by maintaining the reservation or registration of
your domain name after modifications to the Dispute Policy become
effective, you have agreed to these modifications. 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. Please
safeguard your Account Identifier and Password from any unauthorized use.
In no event will 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 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.opensrs.org/legal/udrp.shtml
 . Please take the time to
familiarize yourself with this policy.
- 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 in effect at
the time of the dispute. 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. For any dispute, you agree to submit to the jurisdiction of the
courts of The Province of Ontario.
- ICANN POLICY. You agree that your registration of the SLD name
shall be subject to suspension, cancellation, or transfer pursuant to any
ICANN-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by
Registrar or the Registry in registering the name or (2) for the
resolution of disputes concerning the SLD name.
- AGENCY. Should you intend to license use of a domain name to a
third party you shall nonetheless be the SLD 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 SLD. You shall accept liability for harm
caused by wrongful use of the SLD, unless you promptly disclose the
identity of the licensee to the party providing you reasonable evidence
of actionable harm. You also represent that you have provided notice of
the terms and conditions in this Agreement to the third party and that
the third party agrees to the terms of Disclosure and Use of Registration
Information (sections 18 and 19 of this Agreement).
- ANNOUNCEMENTS. We and the RSP reserve the right to distribute
information to you that is pertinent to the quality or operation of our
services and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security or
to enhance your identity on the Internet.
- LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under
this Agreement and any breach of this Agreement is solely limited to the
amount you paid for such Service(s). We and our contractors 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. 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 and affiliates
harmless from all liabilities, claims and expenses, including without
limitation Network Solutions, Inc., and the directors, officers,
employees and agents of each of them, 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 with
your computer, 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 may be
considered by us to be a breach of your Agreement and may result in
deactivation of your domain name.
- TRANSFER OF OWNERSHIP. The person named as administrative contact
at the time the controlling user name and password are secured shall be
the owner of 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.
- 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 agree that, by registration or reservation of
your chosen domain name, such registration or reservation 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 such that we can continue
to improve 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 ICANN and applicable laws may require or permit. 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 the applicable laws.
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.
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 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 SLD registration.
- 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 within thirty (30) calendar days from receipt of your
payment for such 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.
- 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
Policy 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 regular mail. 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
notification to us or to the RSP to lhutz@Tucows.com or domains@dls.net or, in the case of
notice to you, at 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 the RSP shall be
sent to:
Tucows.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto,
Ontario M6K 3M1 - OR - DLS Internet Services 950 Oak Street, Lake in the
Hills, IL 60156 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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