1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and
"your"
refer to each customer, "we",
us" and "our" refer to TUCOWS.com Inc. and "Services" refers to the
domain
name registration provided by us
as offered through Digital North Devon, the Registration Service
Provider
("RSP"). This Agreement explains
our obligations to you, and explains your obligations to us for various
Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the
your
knowledge and belief,
neither the registration of the SLD name nor the manner in which it is
directly or indirectly used infringes the legal
rights of a third party and that the Domain Name is not being
registered
for any unlawful purpose.
3. FEES. As consideration for the services you have selected, you agree
to pay to us, or your respective RSP who
remits payment to us on your behalf, the applicable service(s) fees.
All
fees payable hereunder are non-refundable.
As further consideration for the Services, you agree to: (1) provide
certain
current, complete and accurate
information about you as required by the registration process and (2)
maintain
and update this information as
needed to keep it current, complete and accurate. All such information
shall be referred to as account information
("Account Information"). You, by completing and submitting this
Agreement
represent that the statements in your
application are true.
4. TERM. You agree that the Registration Agreement will remain in full
force during the length of the term of your
Domain Name Registration. Should you choose to renew or otherwise
lengthen
the term of your Domain Name
Registration, then the term of this Registration Agreement will be
extended
accordingly. This Agreement will
remain in full force during the length of the term of your Domain Name
Registration as selected, recorded, and
paid for upon registration of the Domain Name. Should you choose to
renew
or otherwise lengthen the term of
your Domain Name Registration, then the term of this Registration
Agreement
will be extended accordingly.
Should you transfer your domain name or should the domain name
otherwise
be transferred due to another
Registrar, the terms and conditions of this contract shall cease and
shall
be replaced by the contractual terms in
force for the purpose of registering domain names then in force between
SLD holders and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement,
that we may: (1)
revise the terms and conditions of this Agreement; and (2) change the
services
provided under this Agreement.
Any such revision or change will be binding and effective immediately
on
posting of the revised Agreement or
change to the service(s) on our web site, or on notification to you by
e-mail or regular mail as per the Notices
section of this agreement. You agree to review our web site, including
the Agreement, periodically to be aware of
any such revisions. If you do not agree with any revision to the
Agreement,
you may terminate this Agreement at
any time by providing us with notice by e-mail or regular mail as per
the
Notices section of this agreement. Notice
of your termination will be effective on receipt and processing by us.
You agree that, by continuing to use the
Services following notice of any revision to this Agreement or change
in
service(s), you shall abide by any such
revisions or changes. You further agree to abide by the ICANN Uniform
Dispute
Resolution Policy ("Dispute
Policy") as amended from time to time. You agree that, by maintaining
the
reservation or registration of your
domain name after modifications to the Dispute Policy become effective,
you have agreed to these modifications.
You acknowledge that if you do not agree to any such modifications, you
may request that your domain name be
deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account
information with us, you
must use your Account Identifier and Password that you selected when
you
opened your account with us. Please
safeguard your Account Identifier and Password from any unauthorized
use.
In no event will we be liable for the
unauthorized use or misuse of your Account Identifier or Password.
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 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.icann.org/dndr/udrp/policy.htm.
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 in effect at the time
of the dispute. You agree that in the event a domain name dispute
arises
with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions contained in
the Dispute Policy. For any dispute, you
agree to submit to the jurisdiction of the courts of The Province of
Ontario.
9. ICANN POLICY. You agree that your registration of the SLD name shall
be subject to suspension,
cancellation, or transfer pursuant to any ICANN-adopted policy, or
pursuant
to any registrar or registry
procedure not inconsistent with an ICANN-adopted policy, (1) to correct
mistakes by Registrar or the Registry in
registering the name or (2) for the resolution of disputes concerning
the
SLD name.
10. AGENCY. Should you intend to license use of a domain name to a
third
party you shall nonetheless be the
SLD holder of record and are therefore responsible for providing your
own
full contact information and for
providing and updating accurate technical and administrative contact
information
adequate to facilitate timely
resolution of any problems that arise in connection with the SLD. You
shall
accept liability for harm caused by
wrongful use of the SLD, unless you promptly disclose the identity of
the
licensee to the party providing you
reasonable evidence of actionable harm. You also represent that you
have
provided notice of the terms and
conditions in this Agreement to the third party and that the third
party
agrees to the terms of Disclosure and Use of
Registration Information (sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP reserve the right to distribute
information
to you that is pertinent to
the quality or operation of our services and those of our service
partners.
These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other
information to add security or to enhance your identity on the
Internet.
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. In no event shall
our maximum liability exceed five hundred
($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify, and hold us, our
contractors,
agents, employees, officers,
directors and affiliates harmless from all liabilities, claims and
expenses,
including without limitation Network
Solutions, Inc., and the directors, officers, employees and agents of
each
of them, including attorney's fees, of third
parties relating to or arising under this Agreement, the Services
provided
hereunder or your use of the Services,
including without limitation infringement by you, or someone else using
the Service with your computer, of any
intellectual property or other proprietary right of any person or
entity,
or from the violation of any of our operating
rules or policy relating to the service(s) provided. You also agree to
release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy.
When
we are threatened with suit by a third
party, we may seek written assurances from you concerning your promise
to indemnify us; your failure to provide
those assurances may be considered by us to be a breach of your
Agreement
and may result in deactivation of
your domain name.
14. TRANSFER OF OWNERSHIP. The person named as administrative contact
at
the time the controlling user
name and password are secured shall be the owner of the domain name.
You
agree that prior to transferring
ownership of your domain name to another person (the Transferee") you
shall
require the Transferee to agree, in
writing to be bound by all the terms and conditions of this Agreement.
Your domain name will not be transferred
until we receive such written assurances or other reasonable assurance
that the Transferee has been bound by the
contractual terms of this Agreement (such reasonable assurance as
determined
by us in our sole discretion) along
with the applicable transfer fee. If the Transferee fails to be bound
in
a reasonable fashion (as determine by us in
our sole discretion) to the terms and conditions in this Agreement, any
such transfer will be null and void.
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 agree that, by registration or reservation of your
chosen domain name, such
registration or reservation does not confer immunity from objection to
either the registration, reservation, or use of
the domain name.
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.
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 ICANN and applicable laws may require or
permit. You further agree and
acknowledge that we may make publicly available, or directly available
to third party vendors, some, or all, of the
domain name registration information you provide, for purposes of
inspection
(such as through our WHOIS
service) or other purposes as required or permitted by ICANN and the
applicable
laws.
You hereby consent to any and all such disclosures and use of, and
guidelines,
limits and restrictions on disclosure
or use of, information provided by you in connection with the
registration
of a domain name (including any updates
to such information), whether during or after the term of your
registration
of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have
arising from such disclosure or use of your
domain name registration information by us.
You may access your domain name registration information in our
possession
to review, modify or update such
information, by accessing our domain manager service, or similar
service,
made available by us through your RSP.
We will not process data about any identified or identifiable natural
person
that we obtain from you in a way
incompatible with the purposes and other limitations which we describe
in this Agreement.
We will take reasonable precautions to protect the information we
obtain
from you from our loss, misuse,
unauthorized access or disclosure, alteration or destruction of that
information.
20. REVOCATION. Your willful provision of inaccurate or unreliable
information,
your willful failure promptly to
update information provided to us, or your failure to respond for over
fifteen calendar days to inquiries by us
concerning the accuracy of contact details associated with the your
registration
shall constitute a material breach of
this Agreement and be a basis for cancellation of the SLD registration.
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 within thirty
(30)
calendar days from receipt of your
payment for such services. In the event we do not register or reserve
your
domain name or register you for other
Services, or we delete your domain name or other Services within such
thirty
(30) calendar day period, we agree
to refund your applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result
from our refusal to register, reserve, or delete your domain name or
register
you for other Services.
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 hostmaster@dnd.net or, in
the
case of notice
to you, at the e-mail address provided by you in your WHOIS record. Any
e-mail communication shall be
deemed to have been validly and effectively given on the date of such
communication,
if such date is a business
day and such delivery was made prior to 4:00 p.m. EST, otherwise it
will
be deemed to have been delivered on
the next business day. In the case of regular mail notice, valid notice
shall be deemed to have been validly and
effectively given 5 business days after the date of mailing and, in the
case of notification to us or to the RSP shall
be sent to:
TUCOWS.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
- OR -
and in the case of notification to you shall be to the address specified in the "Administrative Contact" in yourDigital North Devon
Domain Name Registrations
6 Queen Street
BIDEFORD EX39 2JG
UK
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. 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.