Domain Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and "your" refer
to each customer, "we", us" and "our" refer to TUCOWS.com Inc. and "Services" refers
to the domain name registration provided by us as offered through Active Web Hosting,
the Registration Service Provider ("RSP"). This Agreement explains our obligations
to you, and explains your obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge
and belief, neither the registration of the SLD 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 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").
You, by completing and submitting this Agreement represent that the statements in
your application are true.
4. TERM. You agree that the Registration Agreement will remain in full force during
the length of the term of your Domain Name Registration. Should you choose to renew
or otherwise lengthen the term of your Domain Name Registration, then the term of
this Registration Agreement will be extended accordingly. This Agreement will remain
in full force during the length of the term of your Domain Name Registration 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 will be extended accordingly. Should you transfer
your domain name or should the domain name otherwise be transferred due to another
Registrar, the terms and conditions of this contract shall cease and shall be replaced
by the contractual terms in force for the purpose of registering domain names then
in force between SLD holders 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 ICANN Uniform Dispute Resolution Policy ("Dispute Policy") 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
http://www.opensrs.org/legal/udrp.shtml. 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. For any dispute, you agree to submit to the jurisdiction of the courts of
The Province of Ontario.
9. ICANN POLICY. You agree that your registration of the SLD name shall be subject
to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted
policy, (1) to correct mistakes by Registrar or the Registry in registering the name
or (2) for the resolution of disputes concerning the SLD name.
10. AGENCY. Should you intend to license use of a domain name to a third party you
shall nonetheless be the SLD 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 SLD. You shall accept liability
for harm caused by wrongful use of the SLD, unless you promptly disclose the identity
of the licensee to the party providing you reasonable evidence of actionable harm.
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 states do not
allow the exclusion or limitation of liability for consequential or incidental damages,
in such states, 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.
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, including without limitation Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, 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 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 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. The person named as administrative contact at the time
the controlling 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.
15. 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.
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) 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 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 ICANN,
to the registry administrators, and to other third parties as ICANN 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 ICANN 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 access or disclosure, alteration or destruction
of that information.
20. 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 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 SLD 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 sales@activewebhosting.com
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 Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
- OR -
Active Web Hosting
1469 Flintrock Road
Henderson, Nevada 89014
and in the case of notification to you shall be to the address specified in the
"Administrative Contact" 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. 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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