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SCHEDULE B
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Form of Registration Agreement
- 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 (“RSP”). This Agreement explains
our obligations to you, and explains your obligations to us for various
Services.
- SELECTION OF A DOMAIN NAME. You represent that:
(i) the data provided in the domain name registration application
is true, correct, up to date and complete,
(ii) 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;
(iii) that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever
(iv) 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;
(v) you have the authority to enter into this Registration Agreement;
and
(vi) the registered domain name is reasonably related to your
business or intended commercial purpose at the time of registration.
- FEES. As consideration for the Services you have selected,
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 statements in your
Application are true, complete and accurate.
- 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.
- 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.
- 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.
- 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.
- 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:
(i) The Uniform Domain Name Dispute Resolution Policy (“Dispute
Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute Resolution Policy (“SUDRP”), available
at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules
(“RDRP”), available at http://www.neulevel.com/;
(collectively, “Dispute Policies”).
The SUDRP sets forth the terms and conditions in connection
with a dispute between a registrant of a .biz domain name
(“Registrant”) with any third party (other than Neulevel,
Inc. (“Registry Operator”) or Tucows over the registration
or use of a .biz domain name registered by you that is subject
to the Start-up Intellectual Property Notification Service
(“SIPNS”). SIPNS is a service introduced by Registry Operator
to notify a trademark or service mark holder (“Claimant”)
that a second-level domain name has been registered in which
that Claimant claims intellectual property rights. In accordance
with the SUDRP and its associated Rules, those Claimants
will have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers.
The Dispute Policy sets forth the terms and conditions in
connection with a dispute between a Registrant and any party
other than the Registry Operator or Registrar over the registration
and use of an Internet domain name registered by Registrant.
he 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.
- POLICY. You agree that your registration of
the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Tucows, Registry Operator,
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.
- 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.
- 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.
- 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
miss-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.
- INDEMNITY. You
agree
to release,
indemnify,
and hold
us, our
contractors,
agents,
employees,
officers,
directors,
affiliates
and third
party
beneficiaries
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.
- TRANSFER
OF
OWNERSHIP. The
person
named
as
Registrant
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)
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. You
acknowledge
that
you
will
not
be
entitled
to
change
registrars
during
the
first
sixty
(60)
days
following
the
registration
of
your
domain
name.
- 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.
- 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.
- 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.
- 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.
- DISCLOSURE
AND
USE
OF
REGISTRATION
INFORMATION. You
agree
and
acknowledge
that
we
will
make
domain
name
registration
information
you
provide
available
to
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