IP Claim Service
Terms Of Use
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN TUCOWS, INC.
(ÒREGISTRARÓ) AND YOU, THE OWNER OF A REGISTERED OR COMMON
LAW TRADEMARK OR SERVICE MARK (ÒOWNERÓ) OR THE DULY AUTHORIZED
AGENT OF AN OWNER (ÒAGENTÓ) (COLLECTIVELY, ÒYOUÓ).THESE TERMS
OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS
OF USE REGARDING USE OF THE REGISTRARÕS INTELLECTUAL PROPERTY
CLAIM SERVICE (THE ÒSERVICEÓ).
BY SELECTING ÒI AGREE,Ó BY USING THE SERVICE OR BY SIGNIFYING
ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE.IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF
USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST
DISCONTINUE ANY FURTHER USE.
- The Service. Registrar provides the Service to holders
of both registered and common law trademarks or service marks
(collectively ÒTrademarksÓ).During the domain name application
process, applicants for a .biz domain name (ÒApplicantsÓ) will
be notified of an OwnerÕs alleged intellectual property rights
in a Trademark if the domain name contained in the domain name
application is an exact match of the Trademark identified in
an IP Claim (as defined below) submitted by Owner.You may review
frequently asked questions regarding the Service by reviewing
our FAQs.
- Registration, Password and Security.You must provide
accurate, complete and current registration information and
must update this information promptly if it changes.
You represent and warrant that You are at least eighteen
(18) years of age or older and are either an Owner or an Agent
duly authorized to represent an Owner(s) in connection with
the Service and submitting an IP Claim on behalf of an Owner(s).Agent
will indemnify and hold harmless Registrar and its officers,
directors, employees, agents, affiliates and subcontractors
for any claims brought by Owner or Third Parties relating to
the use of the Service.
- License to Use Data / Privacy. By submitting an IP
Claim, You hereby grant Registrar, as well as any of its agents
or subcontractors, a limited, royalty-free, non-exclusive worldwide
license to use all of the data contained in the IP Claim solely
for the purposes of implementing the Service, processing Your
IP Claim, notifying Applicants of Your IP Claim, and for notifying
You of changes to the Service, for archival purposes.
- The IP Claim Process. In order to submit a claim with
respect to a Trademark or Trademarks (ÒIP ClaimÓ) through the
Service, You must complete an IP Claim form for each Trademark.For
each IP Claim, You must submit complete contact information,
representative contact information and notification details,
and the details regarding the Trademark.You may specify in
the representative field that an Agent may receive legal correspondence
regarding the IP Claim.Once You have submitted an IP Claim,
you will receive a confirmation email and a claim number.You
must retain the claim number for each IP Claim You submit.
Registrar will accept IP Claims until July 9, 2001, or such
later date as it may determine in its sole discretion (ÒClose
of Phase IÓ) and no IP Claims will be accepted after that date.
From the Close of Phase I until September 25, 2001 (ÒPhase
2Ó), or such other later date as Registrar may choose, in its
sole discretion, the domain name applications from ICANN-approved
registrars (ÒApplicationsÓ) will be compared with the database
of IP Claims processed through the Service (ÒIP Claim DatabaseÓ).For
each exact match between an IP Claim in the IP Claim Database
and a domain name application, the Registry Operator for .Biz
(ÒRegistry OperatorÓ) will notify the Applicant that a third
party or third parties have submitted an IP Claim for the exact
Trademark.The email notification to the Applicant will include,
among other things, the information provided by Owner in the
IP Claim, instructions on how to proceed with the registration
process, and that if selected during the randomized name selection
phase (ÒName Selection PhaseÓ), the domain name will be placed
on a temporary thirty (30) day hold when the Registry goes Òlive.ÓThe
Applicant will have the option to proceed with the Application
or cancel the Application.If the Applicant does not respond
to the email notification, or elects to cancel the Application,
the ApplicantÕs domain name application will not be
processed during the Name Selection Phase.If the Applicant
chooses to proceed with the registration process and the name
is selected during the Name Selection Phase, that domain name
automatically will be placed on a thirty (30) day Òhold periodÓ when
the name is registered.
After Name Selection, the Owner will be notified by Registry
Operator if an Applicant has successfully registered the domain
name.The Owner will then have the option of contacting the
Applicant and finding a solution or using the guidelines set
forth by a special dispute resolution process called the Start-up
Trademark Opposition Policy (ÒSTOPÓ)(formerly referred to as
the Start-up Dispute Resolution Policy or ÒSUDRPÓ) (Òinformation
available at http://www.neulevel.com/countdown/stop.html, or
the Uniform Domain-Name Dispute Resolution Procedures (ÒUDRPÓ)
(information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that
exactly match an IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL
BE AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK.AN OWNER
THAT WISHES TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK
MUST FILE A DOMAIN NAME APPLICATION.
DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS
THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN
IP CLAIM FORM.REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK
CLAIMED ON AN IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL
OR VALID TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL
OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY
IMPLICATED BY THE SERVICE.
- Conduct. You may access and use the Service for lawful
purposes only and you are solely responsible for the knowledge
and adherence to any and all laws, statutes, rules and regulations
pertaining to Your use of the Service.You agree that You will
not (i)use the Service to commit a criminal offence or to encourage
conduct that would constitute a criminal offence or give rise
to a civil liability, or otherwise violate any local state,
Federal or international law or regulation; (ii)upload or otherwise
transmit any content that You do not have a right to transmit
under any law or contractual or fiduciary duty; (iii)interfere
or infringe with any trademark or proprietary rights of any
other party; (iv)interfere with the ability of other users
to access or use the Service; (v)claim a relationship with
or to speak for any individual, business, association, institution
or other organization for which You are not authorized to claim
such a relationship; (vi)interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks
connected to the Service; or (vii)reproduce, duplicate, copy,
use, distribute, sell, resell or otherwise exploit for any
commercial purposes any portion of the Service.
- Fees. As consideration for the Service, You agree
to pay Registrar, or its agents or subcontractors, as the case
may be, an IP Claim fee for each IP Claim submitted through
the Service by credit card through its online payment system.Such
fee shall be due immediately and is non-refundable.Registrar,
or its agents or subcontractors, may take all remedies to collect
fees owed.Registrar, or its agents or subcontractors may require
you to submit and pay for each IP Claim individually or it
may allow you store up a certain number of IP Claims before
submitting them for processing.Once you have stored that number
of IP Claims, you may not be able to store any additional IP
Claims and may need to submit them for processing and pay the
applicable fee before obtaining additional storage space.No
refunds are permitted.
- Agents. You agree that, if Your agent (e.g.,
an attorney, employee, etc.) submits an IP Claim on Your behalf,
You are nonetheless bound as a principal by all Terms of Use
herein. Your continued use of the Services shall ratify any
unauthorized actions of Your agent. By acting on Your behalf,
Your agent certifies that he or she is authorized to use the
Service on Your behalf, that he or she is authorized to bind
You to these Terms of Use and that he or she has apprised You
of these Terms of Use of this Agreement.In addition, You are
responsible for any errors made by Your agent.Registrar will
not refund fees paid by You or Your agent on Your behalf for
any reason, including, but not limited to, in the event that
Your agent fails to comply with these Terms of Use, Your agent
incorrectly provides information in the IP Claim process or
if Your agent changes or otherwise modifies Your IP Claim incorrectly.
- Copyright. You acknowledge that the Service,
any underlying technology used in connection with the Service,
and all software, material, information, communications, text,
graphics, links, electronic art, animations, audio, video,
photos, and other data (collectively, the ÒContentÓ) available
within the Service are provided by Registrar or third-party
providers and are the copyrighted works of Registrar and/or
such third parties.Except as expressly authorized by Registrar
or such third parties in these Terms of Use or as may be posted
on the Service, You may not copy, reproduce, publish, distribute,
modify, create derivative works of, rent, lease, sell, transfer,
display, transmit, compile or collect in a database, or in
any manner commercially exploit any part of the Content or
the Service, in whole or in part.You may not store any significant
portion of any Content or the Service owned by, or licensed
to Registrar in any form, whether archival files, computer-readable
files, or any other medium.You also may not ÒmirrorÓ any Content
or the Service on any other server.
Registrar encourages you to download and print a reasonable
number of copies of an IP Claim for non-commercial, internal
use only; provided that (i)any permitted copies contain,
in unmodified form, any copyright or other proprietary rights
notices and an original source attribution to the Service;
and (ii)no modifications are made except as may be expressly
provided by Registrar.
- Links. Some links on the Service lead to sites posted
by independent site owners.Because Registrar has no control
over these sites, it cannot be responsible for such sitesÕ accessibility
via the Internet and does not endorse products, services, or
information provided by such sites.As such, Registrar shall
not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with, use or reliance on any content, goods or services available
on or through any other site.Further, the inclusion of these
links does not imply that the other sites have given permission
for inclusion of these links, or that there is any relationship
between Registrar and the linked sites.
- Disclaimer of Warranty, Limitation of Liability. YOU
AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR
OWN RISK.NEITHER REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS
OR SUBCONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE.
THE SERVICE IS PROVIDED ON AN ÒAS IS, ÒAS AVAILABLEÓ BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
IN NO EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIARIES,
SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED
PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES
THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED
USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS
OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES.YOU AGREE
THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT A REASONABLE
ALLOCATION OF RISK.
IN NO EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT
EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE
IP CLAIM.
- Indemnification. You agree to indemnify and hold harmless
Registrar and its parents, subsidiaries, shareholders, members,
officers, directors, employees, affiliates, agents and subcontractors
from any claim or demand, including reasonable attorneyÕs fees
made by any third party due to or arising out of Your use of
the Service, your breach of these Terms of Use, any Content
submitted to the Service, or any disputes involving the intellectual
property rights of the Trademarks.
- Modifications to the Service. Registrar reserves the
right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice.You agree that Registrar will not be
liable to You or to any third party for any modification, suspension,
or discontinuation of the Services.
- Termination. You may discontinue Your participation
in and access to the Service at any time.These Terms of Use
will continue to apply to all past use of the Service by You,
even if You are no longer using the Service.You acknowledge
and agree that Registrar may terminate or block Your use of
all or part of the Service without prior notice for any reason,
including, without limitation, if Registrar believes You have
engaged in conduct prohibited by these Terms of Use.You agree
that upon termination or discontinuance for any reason, may
delete all information related to You on the Service and may
bar Your access to and use of the Service.
- Governing Law. These Terms of Use shall be governed
by and construed in accordance with the laws of the Province
of Ontario, without regard to its principles of conflicts of
law.
- Changes to the Terms of Use. Registrar reserves the
right to modify the Terms of Use at any time and from time
to time.Any modifications shall be effective upon the posting
of the modified Terms of Use at http://ipclaims.neulevel.com/legal/conditions.php.You
agree to review these Terms of Use periodically so that You
are aware of any modifications.Your continued use of the Service
shall be deemed Your acceptance of the modified Terms of Use.
- Severability. In the event that any provision of these
Terms of Use shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable
or invalid as a whole, and, in such event, such provision shall
be changed and interpreted so as to best accomplish the objectives
of such provision within the limits of applicable law or applicable
court decision.
- Third Party Beneficiary. Registry Operator (ÒNeuLevelÓ)
is an intended third party beneficiary of these Term and Conditions
with rights to enforce these Terms of Use.You will cooperate
in good faith with NeuLevel or Registrar in investigating instances
of non-compliance with these Terms of Use, if NeuLevel or Registrar
believes in good faith that you are not in compliance with
these Terms of Use.
- Subcontractors. In the course of providing the IP
Claim Service, Registrar may retain independent contractors
or assign or subcontract to or otherwise have any third party
perform any or all of the IP Claim Service at any time, provided
that Registrar shall continue to remain responsible for full
performance of any such duties to the same extent as if it
had performed the IP Claim Service itself.
- Entire Agreement. These Terms of Use completely and
exclusively state the agreement of the parties regarding the
subject matter, and supersede all prior agreements and understandings,
whether written or oral, with respect to the subject matter
of these Terms of Use.
- Modifications to your Account. In order
to change any of your account information with Registrar,
you must use the Account Identifier and Password selected
when you opened your account with Registrar.You agree to
safeguard your Account Identifier and Password from any unauthorized
use.In no event shall Registrar be liable for the unauthorized
use or misuse of your Account Identifier or Password.
- Breach. You agree that failure to abide by an provision
of this Agreement, any operating rule or policy or the Dispute
Policy provided by Registrar, may be considered by Registrar
to be a material breach and that Registrar 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 Registrar, that
you have not breached your obligations under the Agreement,
then Registrar may delete the registration or reservation of
your domain name.Any such breach by you shall not be deemed
to be excused simply because Registrar did not act earlier
in response to that, or any other breach by you.
- No Guarantee. You acknowledge that reservation of
your IP Claim name does not confer immunity from objection
to either the registration, reservation, or use of the domain
name.
- Right of Refusal. Registrar, in its sole discretion,
reserves the right to refuse to register or reserve your IP
Claim name or register you for other services.You agree that
Registrar shall not be liable to you for loss or damages that
may result from its refusal to register, reserve or delete
your IP Claim. Registrar reserves the right to delete or transfer
your IP Claim within a thirty (30) day period following receipt
of the application if it believes the IP Claim has been made
possible by a mistake, made either by Registrar or by a third
party.
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