Registration Agreement1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer to the
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 have selected, you agree
to pay 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 statements in your Application are true, complete and
accurate. Failure to
maintain accurate information will be considered a material breach of this
Agreement and will
entitle us to delete your domain name registration.
4. TERM. This Agreement shall remain in full force during the length of
the term of your domain
name registration(s) as selected, recorded, and paid for upon registration
of the domain name.
Should you choose to renew or otherwise lengthen the term of your domain
name registration,
then the term of this Registration Agreement shall be extended accordingly.
Should the
domain name be transferred to another Registrar, the terms and conditions
of this contract
shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms
and
conditions of this Agreement; and (2) change the services provided under
this Agreement. You
agree to be bound by any such revision or change will which shall be effective
immediately
upon posting on our web site or upon notification to you by e-mail or your
country’s postal
service pursuant to the Notices section of this Agreement. You agree to
review this Agreement
as posted on our web site periodically to maintain an awareness of any
and all such revisions.
If you do not agree with any revision to the Agreement, you may terminate
this Agreement at
any time by providing us with notice by e-mail or postal service pursuant
to the Notices
section of this Agreement. Notice of your termination shall be effective
after processing by us.
You agree that, by continuing the use of Services following notice of any
revision to this
Agreement or change in service(s), you shall be bound by any such revisions
and changes.
You further agree to be bound by the ICANN Uniform Dispute Resolution Policy
(“Dispute
Policy”) as presently written and posted on http://www.opensrs.org/legal/udrp.shtml
and as
shall be amended from time to time. You acknowledge that if you do not
agree to any such
modifications, you may request that your domain name be deleted from the
domain name
database.
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. 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. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name
through
us, or transferred a domain name to us from another Registrar, you agree
to be bound by the
Dispute Policy that is incorporated herein and made a part of this Agreement
by reference.
The current version of the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
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.
9. 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.
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 a 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).
Neither we, nor our
contractors or third party beneficiaries shall be liable for any direct,
indirect, incidental, special
or consequential damages resulting from the use or inability to use any
of the Services or for
the cost of procurement of substitute services. Because some jurisdictions
do not allow the
exclusion or limitation of liability for consequential or incidental damages,
in such jurisdictions,
our liability is limited to the extent permitted by law. We disclaim any
and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting from
access delays or access
interruptions; (2) loss or liability resulting from data non-delivery or
data 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, affiliates and third party beneficiaires
harmless from all liabilities,
claims and expenses, including attorney's fees, of third parties relating
to or arising under this
Agreement, the Services provided hereunder or your use of the Services,
including without
limitation infringement by you, or someone else using the Service of any
intellectual property
or other proprietary right of any person or entity, or from the violation
of any of our operating
rules or policy relating to the Service(s) provided. You also agree to
release, indemnify and
hold us harmless pursuant to the terms and conditions contained in the
Dispute Policy. When
we are threatened with suit by a third party, we may seek written assurances
from you
concerning your promise to indemnify us; your failure to provide those
assurances shall be a
breach of your Agreement and may result in deactivation of your domain
name.
14. TRANSFER OF OWNERSHIP. The person named as administrative contact at
the time
the 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). 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 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 for the
purpose of improving 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
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 your failure
to respond for over fifteen
(15) calendar days to inquiries by us concerning the accuracy of contact
details associated
with the your registration shall constitute a material breach of this Agreement
and be a basis
for cancellation of the domain name registration.
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 postal service.
In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic
confirmation of
delivery has been obtained by the sender. In the case of e-mail, notifications
must be sent to
us or to the RSP at lhutz@tucows.com
, hostmaster@dnd.net or or
in the case of notification
to you, to the e-mail address provided by you in your WHOIS record. Any
e-mail communication
shall be deemed to have been
validly and effectively given on the date of such communication, if such
date is a business day
and such delivery was made prior to 4:00 p.m. EST, otherwise it will be
deemed to have been
delivered on the next business day. In the case of regular mail notice,
valid notice shall be
deemed to have been validly and effectively given 5 business days after
the date of mailing
and, in the case of notification to us or to RSP shall be sent to:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
- OR -
Digital North Devon
Domain Name Registrations
6 Queen Street
BIDEFORD EX39 2JG
UK
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.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.
Last Updated: By: Jay van de Wint