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SCHEDULE A
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Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refer to the registrant of each
domain name registration and/or recipient of email forwarding services, "we", "us" and "our" refer
to TUCOWS Inc., "Registry Operator" refers to The Global Name Registry
Ltd. and "Services" refers to the domain name registration and
email forwarding provided by us as offered through Brainstorm Industries,
Inc. ("RSP"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
2. .name RESTRICTIONS. Registrations in the .name top-level domain
must constitute an individual's "Personal Name". For purposes of
the .name restrictions (the "Restrictions"), a "Personal Name" is
a person's legal name, or a name by which the person is commonly
known. A "name by which a person is commonly known" includes, without
limitation, a pseudonym used by an author or painter, or a stage
name used by a singer or actor.
3. .name REPRESENTATIONS. As a .name domain
name Registrant, you hereby represent that:
(i) the registered domain name or second level domain ("SLD") email
address is your Personal Name.
(ii) the data provided in the domain name registration application
is true, correct, up to date and complete and that you will continue
to keep all of the information provided correct, current and complete,
(iii) 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;
(iv) that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever;
(v) the registration satisfies the Eligibility Requirements found
at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and
(vi) you have the authority to enter into this Registration Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services for which you have registered may, at your option,
include email forwarding. To the extent you opt to use email forwarding,
you are obliged to do so in accordance with all applicable legislation
and are responsible for all use of email forwarding, including
the content of messages sent through email forwarding.
(ii) You undertake to familiarize yourself with the content of
and to comply with the generally accepted rules for Internet and
email usage. This includes, but is not limited to the Acceptable
Use Policy, available at http://www.theglobalname.org/ as well
as the following restrictions. Without prejudice to the foregoing,
you undertake not to use email forwarding:
(a) to encourage, allow or participate in any form of illegal or
unsuitable activity, including but not restricted to the exchange
of threatening, obscene or offensive messages, spreading computer
viruses, breach of copyright and/or proprietary rights or publishing
defamatory material;
(b) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including
all attempts at guessing passwords, checking or testing the vulnerability
of a system or network or breaching the security or access control
without the sufficient approval of the owner of the system or network;
(c) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial
of Service (DoS) attacks, wilful attempts to overload another system
or other forms of harassment; or
(d) for spamming, which includes, but is not restricted to, the
mass mailing of unsolicited email, junk mail, the use of distribution
lists (mailing lists) which include persons who have not specifically
given their consent to be placed on such distribution list. Users
are not permitted to provide false names or in any other way to
pose as somebody else when using email forwarding.
(iii) Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a history
of abuse from entering Registry Operator's email forwarding. However,
due to the nature of such systems, which actively block messages,
Registry Operator shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or us
to give feedback on the decision.
(iv) You understand and agree that Registry Operator may delete
material that does not conform to clause (c) above or that in some
other way constitutes a misuse of email forwarding. You further
understand and agree that Registry Operator is at liberty to block
your access to email forwarding if you use email forwarding in
a way that contravenes this Agreement. You will be given prior
warning of discontinuation of the email forwarding unless it would
damage the reputation of Registry Operator or jeopardize the security
of Registry Operator or others to do so. Registry Operator reserves
the right to immediately discontinue email forwarding without notice
if the technical stability of email forwarding is threatened in
any way, or if you are in breach of this Agreement. On discontinuing
email forwarding, Registry Operator is not obliged to store any
contents or to forward unsent email to you or a third party.
(v) You understand and agree that to the extent either we and/or
Registry Operator is required by law to disclose certain information
or material in connection with your email forwarding, either we
and/or Registry Operator will do so in accordance with such requirement
and without notice to you.
5. 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.
6. 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.
7. MODIFICATIONS TO AGREEMENT. You agree that
we may in our sole discretion: (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. We will
not refund any fees paid by you if you terminate your agreement
with us.
8. 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. You will not be able to transfer your domain name
during the first sixty (60) days following registration of the
domain name with us. Beginning on the sixty-first (61st) day following
the registration, the policies set forth at: http://www.opensrs.org/dotname_info.shtml shall
apply.
9. 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.
In addition, you hereby acknowledge that you have 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 Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain
names and Personal Name SLD email addresses will be granted on
a first-come, first-served basis, except for registrations granted
as a result of a dispute resolution proceeding or during the landrush
procedures in connection with the opening of the Registry TLD.
The following categories of Personal Name Registrations may be
registered: (i) the Personal Name of an individual; (ii) the Personal
Name of a fictional character, if you have trademark or service
make rights in that character's Personal Name; (iii) in addition
to a Personal Name registration, you may add numeric characters
to the beginning or the end of the Personal Name so as to differentiate
it from other Personal Names.
The ERDRP applies to challenges to (i) registered domain names
and SLD email address registrations within .name on the grounds
that a Registrant does not meet the Eligibility Requirements, and
(ii) to Defensive Registrations (as defined by the Registry Operator)
within .name.
The UDRP sets forth the terms and conditions in connection with
a dispute between a Registrant and party other than Global Name
Registry ("Registry Operator") or Registrar over the registration
and use of an Internet domain name registered by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You
agree that we, in our sole discretion, may modify our dispute policy.
We will post any such revised policy on our Web site at least thirty
(30) calendar days before it becomes effective. You agree that,
by maintaining the reservation or registration of your domain name
or SLD email address 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 modification, you may terminate
this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that, if
your use of our domain name registration services is challenged
by a third party, you will be subject to the provisions specified
in our 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 set forth below in this agreement. If we are
notified that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration services,
you agree not to make any changes to your domain name record without
our prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the judicial
or administrative body, or (ii) we receive notification by you
and the other party contesting your registration and use of our
domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services,
we may deposit control of your domain name record into the Registry
of the judicial body by supplying a party with a Registrar certificate
from us.
12. 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.
13. 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.
14. 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.
15. 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.
You agree that neither we nor the Registry Operator will have any
liability of any kind for any loss or liability resulting from
(i) the processing of registration requests prior to live SRS launch,
including, without limitation, your ability or inability to obtain
a .name domain name or SLD email address registration using these
processes; or (ii) any dispute over any .name domain name, SLD
email address, Defensive Registration or NameWatch Registration
(as defined by the Registry Operator), including the decision of
any dispute resolution proceeding related to any of the foregoing.
16. INDEMNITY. You agree to release, indemnify, and hold us,
the Registry Operator, 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 out of or relating to the
domain name registered 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 both us and the Registry Operator harmless pursuant to
the terms and conditions contained in the Dispute Policies. 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. This indemnification
obligation will survive the termination or expiration of this Agreement.
17. 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.
18. 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 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.
19. 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.
20. 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.
21. 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 full name, postal address, e-mail address and voice telephone
number and fax number (if available) (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 telephone
number and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the
domain name;
(iv) The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data
will be publicly available and accessible on the Whois directory
as required by ICANN and may be sold in bulk in accordance with
ICANN policy. You further understand and agree that the foregoing
registration data may be transferred internationally.
22. 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.
23. REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to inquiries
by us addressed to the email address of the registrant, the administrative,
billing or technical contact appearing in the "Whois" directory
with respect to a domain name 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. Any information collected by us
concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as required
or permitted by the ICANN Agreement or an ICANN/Registry Operator
policy.
24. RIGHT OF REFUSAL. We, and/or Registry Operator,
in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other Services,
to protect the integrity and stability of the Registry, to comply
with any applicable laws, government rules or requirements, requests
of law enforcement, in compliance with the dispute resolution process,
or to avoid any liability, civil or criminal, on our part and/or
that of the Registry Operator, as well as our affiliates, subsidiaries,
officers, directors and employees. We and the Registry Operator
reserve the right to suspend a domain name during the resolution
of a dispute.
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 a 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.
25. We reserve the right to delete or transfer your domain name
following registration if we believe the registration has been
made possible by a mistake, made either by us or by a third party.
26. 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.
27. NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
28. 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.
29. 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 be 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 at lhutz@tucows.com, 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:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record
30. ENTIRETY. You agree that this Agreement,
the rules and policies published by Tucows, ICANN and/or the Registry
Operator 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.
31. 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.
32. INFANCY. You attest that you are of legal
age to enter into this Agreement.
33. 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. |
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