APPENDIX A
Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer
to the registrant of each domain name registration, "we", "us" and "our" refer
to Tucows Inc. and "Services" refers to the domain name registration
provided by us as offered through netINS Inc., the Registration Service
Provider("RSP"). This Agreement explains our obligations to you,
and explains your obligations to us for the Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the
best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly
to be used infringes upon the legal rights of a third party and,
further, that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services, you agree to
pay the RSP the applicable service(s) fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process, and (2) maintain
and update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as account
information ("Account Information"). By submitting this Agreement,
you represent that the Account Information and all other statements
put forth in your application are true, complete and accurate. Both
Tucows and the Registry reserve the right to terminate your domain
name registration if: (i) information provided by you or your agent
is false, inaccurate, incomplete, unreliable, misleading or otherwise
secretive; or (ii) you have failed to maintain, update and keep your
Account Information true, current, complete, accurate and reliable.
You acknowledge that a breach of this Section 3 will constitute a
material breach of our agreement which will entitle either us or
the Registry to terminate this agreement immediately upon such breach
without any refund and without notice to you.
4. TERM. 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 the domain name be transferred to
another Registrar, the terms and conditions of this contract shall
cease.
5. MODIFICATIONS TO AGREEMENT. You agree that either we
or the Registry may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement.
You agree to be bound by any such revision or change which shall
be effective immediately upon posting on our web site or upon notification
to you by e-mail or your country's postal service pursuant to the
Notices section of this Agreement. You agree to review this Agreement
as posted on our web site periodically to maintain an awareness of
any and all such revisions. If you do not agree with any revision
to the Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail or postal service pursuant to
the Notices section of this Agreement. Notice of your termination
shall be effective after processing by us. You agree that, by continuing
the use of Services following notice of any revision to this Agreement
or change in service(s), you shall be bound by any such revisions
and changes. You further agree to be bound by the ICANN Uniform Dispute
Resolution Policy ("Dispute Policy") as presently written and posted
on http://www.icann.org/udrp and as such shall be amended from time
to time. You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain
name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any
of your account information with us, you must contact Technical Support
at 1-800-205-1110 or email registrar@netins.net.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policy that
is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found at http://www.icann.org/udrp.
Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the Dispute Policy.
You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to
the terms and conditions contained in the Dispute Policy. For any
dispute, you agree to submit to the jurisdiction of the courts of
The Province of Ontario.
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 the 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 have provided notice of
the terms and conditions in this Agreement to any third party licensee
and that the third party agrees to the terms hereof.
11. ANNOUNCEMENTS. We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services
and those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to
enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited
to the amount you paid for such Service(s). 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.
13. INDEMNITY. You agree to release, indemnify, and hold
us, our contractors, agents, employees, officers, directors and affiliates
and VeriSign, Inc., and its directors, officers, employees, agents
and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use
of the Services, including without limitation infringement by you,
or someone else using the Service 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. 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 user name and
password are secured shall be deemed the designate of the registrant
with the authority to manage the domain name. You agree that prior
to transferring ownership of your domain name to another person (the "Transferee")
you shall require the Transferee to agree, in writing to be bound
by all the terms and conditions of this Agreement. Your domain name
will not be transferred until we receive such written assurances
or other reasonable assurance that the Transferee has been bound
by the contractual terms of this Agreement (such reasonable assurance
as determined by us in our sole discretion) along with the applicable
transfer fee. If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will be null
and void.
15. 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.
16. 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.
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:
(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; and
(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.
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,
and to other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third
party vendors, some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our WHOIS
service) or other purposes as required or permitted by ICANN and
applicable laws.
You hereby consent to any and all such disclosures and use of,
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 accessor disclosure,
alteration or destruction of that information.
20. REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information provided
to us, or any failure to respond to inquiries by us addressed to
the email address of the registrant, the administrative, billing
or technical contact appearing in the "Whois" directory with respect
to a domain name concerning the accuracy of contact details associated
with the registration shall constitute a material breach of this
Agreement and be a basis for cancellation of the domain name registration.
Any information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with
the registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the ICANN Agreement or
an ICANN/Registry Operator policy.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve
the right to refuse to register or reserve your chosen domain name
or register you for other Services. In the event we do not register
or reserve your domain name or register you for other Services, or
we delete your domain name or other Services within such thirty (30)
calendar day period, we agree to refund your applicable fee(s). You
agree that we shall not be liable to you for loss or damages that
may result from our refusal to register, reserve, or delete your
domain name or register you for other Services.
We reserve the right to delete or transfer your domain name within
a thirty (30) day period following registration if we believe the
registration has been made possible by a mistake, made either by
us or by a third party.
22. 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.
23. 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.
24. 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.
25. 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 registrar@netins.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 Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record.
26. 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.
27. 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.
28. INFANCY. You attest that you are of legal age to enter
into this Agreement.
29. FORCE MAJEURE. You acknowledge and agree that neither
we nor the 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.
30. FOREIGN LANGUAGE: Controlling Language. In the event
that you are reading this agreement in a language other than the
English language, you acknowledge and agree that the English language
version hereof shall prevail in case of inconsistency or contradiction
in interpretation or translation.
31. 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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