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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 All India
Online, 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 VeriSign, 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 registrant on the WHOIS shall be
the registered name holder. The person named as
administrative contact at the time the controlling
user name and password are secured shall be deemed
the designate of the registrant with the authority
to manage 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 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 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.
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 [Insert E-mail Address for RSP ] 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 - [Insert RSP
address] 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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