Form of Registration Agreement
AGREEMENT.ÊÊ In this Registration Agreement ("Agreement") "you" and "your" refer
to the registrant of each domain name registration,Ê "we", Òus" and "our" refer
to TUCOWS Inc. andÊ ÒServicesÓ refers
to the .tv domain name registration provided by us as offered
through Brainstorm Internet (ÒRSPÓ).Ê This
Agreement explains our obligations to you, and explains your
obligations to us for various Services.
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.
FEES.ÊÊ 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.Ê Failure to maintain accurate information will
be considered a material breach of this Agreement and will
entitle us to delete your domain name registration.
TERM. ÊThis 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 countryÕs
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 orÊ postal
service pursuant to the Notices section of this Agreement.
Notice of your termination shall be effectiveÊ 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 shallÊ be
bound by any such revisions and changes. You further agree
to be bound by the ICANN Uniform Dispute Resolution Policy
(ÒDispute PolicyÓ) as presently written and posted on
http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time
to time.Ê 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.Ê 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.Ê 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. ÊIf 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. ÊYou 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.
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.Ê 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.
AGENCY.Ê 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.Ê 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.Ê 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).Ê 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.
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.
TRANSFER OF OWNERSHIP.Ê 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.
BREACH.Ê 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.Ê 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.Ê 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.ÊÊ
INFORMATION.Ê 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:
Ê(i)ÊÊÊÊÊÊÊ 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 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.
REVOCATION.Ê 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.
RIGHT OF REFUSAL.Ê 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.
SEVERABILITY.Ê 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.
NON-AGENCY.Ê 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.
NON-WAIVER.Ê 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.
NOTICES.Ê 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 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:Ê Legal
Affairs
and in the case of notification to you shall
be to the address specified in the ÒAdministrative ContactÓ in
your WHOIS record.
ENTIRETY.Ê 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.
GOVERNING LAW.Ê 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.
INFANCY.Ê You attest that you are of legal age to enter
into this Agreement.
Acceptance of Agreement.Ê 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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