- 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 NICGRAB.COM. 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.
- 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.
- 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 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.
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
.
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. 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
following registration if we believe the
registration has been made possible by a mistake,
made either by us or by a third party. We also
reserve the right to suspend a domain name during
resolution of a dispute.
- 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.
- 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.
- 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.
- 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 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: Legal Affairs
and in the case of notification to you shall be to
the address specified in the “Administrative
Contact” in your WHOIS record.
- 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.
- 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.
- INFANCY.
You attest that you are of legal age to enter into
this Agreement.
