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Domain
Name Registration Agreement
1. IN
THIS REGISTRATION AGREEMENT ("Agreement"), “Registrant”,
"you" and "your" refers to the Registrant of each domain
name registration, "we", “us" and "our" refers to Tucows.com
Co., and “Services” refers to the domain name registration
services provided by us as offered through Pickaweb
Limited, 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.
The service
specifically excludes any form of email and web forwarding
including A records, MX records, CNAME records unless
you order this service based on the prices on display
on the Pickaweb website at www.pickaweb.co.uk
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: |
|
|
|
(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. |
|
|
| (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: |
|
|
|
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: |
|
|
|
| (h) |
.eu domains.
In the case of a “.eu” registration, the following
terms and conditions will apply: |
|
| (i) |
Eligibility Criteria. .eu domain
names are available for registration to companies
and persons who fulfill the following criteria.
As a condition of registration, you accordingly
represent that you are: |
|
| (A) |
an undertaking
having its registered office, central
administration or principal place of
business within the European Community;
|
| (B) |
an organization
established within the European Community
without prejudice to the application
of national law, or |
| (C) |
a natural
person resident within the European
Community. |
|
| (ii) |
Registry Policy. You acknowledge
and understand that by accepting the terms
and conditions of this agreement you shall
be bound by Registry policies and any pertinent
rules or policies that exist now or in the
future and which are posted on the Registry
website. Registration policies of the Registry
and the terms and conditions applicable to
your .eu registration may be found at: http://www.eurid.eu/en/general/launch.
You are responsible for monitoring the Registry’s
site on a regular basis. In the event that
you do not wish to be bound by a revision
or modification to any Registry policy, your
sole remedy is to cancel your domain name
registration by following the appropriate
Registry policy regarding such cancellation. |
| (iii) |
Domain Name Disputes. You agree
that, if the registration or reservation of
your domain name is challenged by a third
party, you will be subject to the provisions
specified by the Registry or any court of
law. |
|
| (i) |
.fr Domains.
In the case of a “.fr” registration, the following
terms and conditions will apply: |
|
| (i) |
Representation of Registrant.
.fr domain names are available for registration
to companies and persons who fulfill the following
criteria. As a condition of registration,
you accordingly represent that you are: |
|
| (A) |
A legal entity: |
|
| (I) |
whose head office
is in France; (or), |
| (II) |
which possess an
address in France which is expressly
listed in the public electronic
databases of the registrars of
the commercial courts or the National
Statistical and Economic Studies
Institute (INSEE), (or), |
| (III) |
State institutions
or departments, local authorities
or associated establishments,
(or), |
| (IV) |
which own a trademark
registered with the National Intellectual
Property Institute or own a registered
EU or international trademark
which expressly includes French
territory. |
|
| (ii) |
Administrative Contact.
Each registrant must designate an administrative
contact to act as a coordinator between
the registrant and the Registry. In
the case of .fr registrations, the administrative
contact must be based in France where
it can receive legal and other documents. |
| (iii) |
Registry Policies. You
agree to be bound by the Registry’s
Naming Charter, its registration rules
for .fr. English language translations
of the Registry’s documents are provided
for convenience. The Registry documents
may be found at: www.afnic.fr/obtenir/chartes/nommage-fr. |
| (iv) |
Domain Name Disputes.
You agree that, if the registration
or reservation of your domain name is
challenged by a third party, you will
be subject to the provisions specified
by the Registry or any court of law.
The current .fr dispute resolution policy
and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl.
You agree that in the event a domain
name dispute arises with any third party,
you will indemnify and hold us harmless
pursuant to the terms and conditions
specified by the Registry or any court
of law. |
|
| (j) |
.it Domains. In the
case of a “it” registration, the following
terms and conditions shall apply: |
|
| (i) |
Registration Criteria.
Registration of an .it name is restricted
to subjects belonging to a member state
of the European Union. Individuals and
associations operating without a VAT
number or a fiscal code are limited
to a single domain name registration.
|
| (ii) |
Registry Policy. You acknowledge
and understand that by accepting the
terms and conditions of this agreement
you shall be bound by Registry policies
and any pertinent rules or policies
that exist now or in the future and
which are posted on the Registry website
at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the
Registry’s site on a regular basis.
In the event that you do not wish to
be bound by a revision or modification
to any Registry policy, your sole remedy
is to cancel your domain name registration
by following the appropriate Registry
policy regarding such cancellation.
Additional policies, including transfer
procedures and “netiquette” rules may
be found at
http://www.nic.it/NA/index-engl.html. |
|
| (k) |
.nl Domains. In the case
of a “.nl” registration, the following terms
and conditions shall apply: |
|
| (i) |
Registration Criteria.
Registration of a .nl domain name is
unrestricted save and except that applicants
who are not based in the Netherlands
or who do not have a registered address
in the Netherlands must provide an address
in the Netherlands where written documents
can be sent to the applicant and where
legal summonses can be served. |
| (ii) |
Registry Policies. You
agree to be bound by the policies of
the Registry including but not limited
to the Registry’s Registration Regulations.
English language translations of the
Registry’s documents are provided for
convenience and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
You agree that, if the registration
or reservation of your domain name is
challenged by a third party, you will
be subject to the provisions specified
by the Registry or any court of law.
The current .nl dispute resolution policy
and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
You agree that in the event a domain
name dispute arises with any third party,
you will indemnify and hold us harmless
pursuant to the terms and conditions
specified by the Registry or any court
of law. |
|
| (l) |
.tv Domains. In the case
of a “.tv” registration, the following terms
and conditions will apply: |
|
| (i) |
Domain Name Dispute Policy.
If you reserved or registered a domain
name through us, or transferred a domain
name to us from another Registrar, you
agree to be bound by the Dispute Policy
that is incorporated herein and made
a part of this Agreement by reference.
The current version of the Dispute Policy
may be found at http://www.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize
yourself with this policy. |
| (ii) |
Policy . You agree that
your registration of the .tv domain
name shall be subject to suspension,
cancellation, or transfer pursuant to
any ICANN or government adopted policy,
or pursuant to any Registrar or registry
procedure not inconsistent with an ICANN
or government-adopted policy, (1) to
correct mistakes by us or the applicable
Registry in registering the name or
(2) for the resolution of disputes concerning
the domain name. You acknowledge that
you have reviewed the .tv General Terms
of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined
therein. |
|
| (m) |
.uk Domains. In the case
of a .uk registration, the following terms
and conditions will apply: |
|
| (i) |
“Nominet UK” means the
entity granted the exclusive right to
administer the registry for .uk domain
name registrations. |
| (ii) |
Domain Name Dispute Policy.
If you reserved or registered a domain
name through us, or transferred a domain
name to us from another registrar, you
agree to be bound by the Dispute Policy
which is incorporated herein and made
a part of this Agreement by reference.
The current version of the Dispute Policy
may be found at: http://www.nominet.org.uk/disputes/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.
|
|
