Registration Agreement
In order that a party may hold a
validÊ .ca domain
name registration, TUCOWS, requires that all registrants
adhere to certain terms and conditions.Ê As
an organisation or individual applying to register, transfer
or renew an .ca domain name via the agency of Brainstorm
Internet and/or TUCOWS you accordingly agree as follows:
1.
AGREEMENT.Ê In this Registration Agreement ("Agreement") ,Ê "we", us" andÊ "our" refer to TUCOWS Inc. and ÒServicesÓ refers
to the domain name registration, transfer or renewal services
provided by us as offered through Brainstorm Internet, the
Registration Service Provider (ÒRSPÓ). CIRA shall refer to
the entity granted the exclusive right to administer the
registry for .ca domain name registrations.
2.
SELECTION OF A DOMAIN NAME. You represent
that, to the best of the your knowledge and belief, neither
the registration of the domain 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 applicableÊ 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 submittingÊ this Agreement represent that the statements
in your application are true.
4.
TERM. You agree that this Agreement will
remain in full force during theÊ term
of your domain name registration as selected, recorded, and
paid for upon registration of the domain name.Ê Should
you choose to renewÊ the
term of your domain name registration, then the term of this
Agreement will be extended accordingly.Ê Should
you transfer your domain name or should the domain name otherwise
be transferred to another Registrar, the terms and conditions
of this contract shall cease and shall be replaced by the
contractual terms in force between domain name registrants
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 CIRA dispute resolution
policy (ÒDispute PolicyÓ) 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 the CIRA website.
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.
9.
CIRA POLICY. You agree that your registration
of the domainÊ name
shall be subject to suspension, cancellation, or transfer
pursuant to any CIRA-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with an CIRA-adopted
policy, (1) to correct mistakes by a registrar 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 registrant 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
thedomain name. 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 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.
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,Ê including attorney's fees, from claims by
third parties, including but not limited to the RSP and CIRA
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 CIRA 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.Ê Any
transfer of ownership in and to a domain name registration
shall be affected in accordance with CIRA policies and procedures.
15.
BREACH. You agree that failure to abide
by any provision of this Agreement, any operating rule or
policy or the Dispute Policy, 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)ÊÊÊÊÊÊÊÊ 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.
(v)
The Internet Protocol
number of the primary name server and secondary name server(s)
for each domain name registration and the corresponding names
of those name servers.
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 CIRA, to the registry administrators, and to
other third parties as CIRA 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 CIRA 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 accessor 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
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 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 domains@brainstorminternet.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 Co
Registrant
Affairs Office
96
Mowat Avenue
Toronto,
Ontario
M6K
3M1
OR -
Brainstorm
Internet
640
Main Ave
Durango,
CO 81301
and in the case
of notification to you shall be to the address specified
in the ÒAdministrative ContactÓ 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.
INCONSISTENCIES WITH CIRA.Ê In the event that this Agreement may be inconsistent
with any term, condition , policy or procedure of CIRA, the
term, condition, policy or procedure of CIRA shall prevail.
30.
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.
