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Registration Agreement
- IN THIS REGISTRATION AGREEMENT ("Agreement"), "Registrant", "you"
and "your" refers to the Registrant of each domain name registration, "we", "us" and "our" refers
to Tucows.com Co., and "Services" refers to the domain name registration services provided by us as
offered through Sierra Advantage Internet Access, the Registration Service Provider ("Reseller"). Any
reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry administrator
of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and explains your
obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement,
you are also agreeing to be bound by the rules and regulations set forth by a registry for that
particular registry only.
- SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee
that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name
is available at the time of your application for same. You represent that, to the best of the your knowledge
and belief, neither the registration of the 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. During the period
following registration of a domain name and the appointment of active name servers, we may post a stagnant
web page and any revenues generated from same shall be for our own account.
- FEES. As consideration for the Services, you agree to pay Reseller the
applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal
thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended,
cancelled or transferred prior to the end of your current registration term. 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 represent that the Account Information and all other statements put forth in your
application are true, complete and accurate. Both Tucows and each registry reserves the right to terminate
your domain name registration if: (i) information provided by you or your agent is false, inaccurate,
incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update
and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that
a breach of this Section 3 will constitute a material breach of our Agreement, which will entitle either
us or a registry to terminate this Agreement immediately upon such breach without any refund and without
notice to you.
- TERM. This Agreement will remain in effect during the term of your domain
name registration as selected, recorded and paid for at the time of registration or any renewal thereof.
Should the domain name be transferred to another registrar, the terms and conditions of this Agreement
shall cease.
- MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering
and administering domain names is constantly evolving; therefore, you agree that Tucows may modify this
Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements
with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances.
All amendments to this Agreement will be posted on our website. Your continued use of the domain name
registered to you will constitute your acceptance of this Agreement with any revisions. If you do not
agree to any change, you may request that your domain name registration be cancelled or transferred to
a different accredited registrar. You agree that such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or
applicable agreement.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use the 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.
- NO GUARANTY. You acknowledge that registration or reservation of your
chosen domain name does not confer immunity from objection to the registration, reservation or use of
the domain name.
- 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 adopted by the applicable registry. 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 applicable policy. If Tucows is notified that a complaint has been filed with a judicial
or administrative body regarding your domain name, Tucows may, at its sole discretion, suspend your
ability to use your domain name or to make modifications to your registration records until (i) Tucows
is directed to do so by the judicial or administrative body, or (ii) Tucows receives notification by you
and the other party contesting your domain that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your registration or use of your domain name, Tucows
may deposit control of your registration record into the registry of the judicial body by supplying a
party with a registrar certificate from us.
- POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Tucows, registry, ICANN or
government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with
a Tucows, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a 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 will secure the agreement of any third party to the terms and conditions in this
Agreement.
- 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.
- 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 the initial registration of your domain name. Tucows and
its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the
applicable registries 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.
- INDEMNITY. You agree to release, indemnify, and hold Tucows, its
contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries
and their respective directors, officers, employees, agents and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, of third parties arising out of or relating to the
registration or use of the domain name registered in your name, whether used by yourself, licensed
to a third party or pursuant to the Whois Privacy Service, including without limitation infringement
by you or a third party with access to your Account Identifier and Password. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable 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 the suspension or cancellation of your domain name.
This indemnification obligation will survive the termination or expiration of this Agreement.
- 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
Account Identifier 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. 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.
- RENEWALS AND FORFEITURE. Domain names are registered for a finite period
of time. You will receive reminders immediately prior to the expiration of your registration inviting
you to renew your domain name. In the event that you fail to renew your domain name in a timely fashion,
your registration will expire and we may, at our discretion, elect to assume the registration and may
hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree
that your right and interest in a domain name ceases upon its expiration and that any expired domain
name may be made available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and
visitors to your site may be redirected to a default page informing them that the site is no longer in
service. This parked or default page may feature advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a grace period
during which you may re-register the domain name from us. Additional costs may apply. During this grace
period, we may post a parked page and/or may revise the "Whois" registration records to include either
our information or that of your Reseller. The domain name may also be listed for auction. If the name
is sold during any such auction, it will be acquired by a third party on a provisional basis and will
remain available for re-registration by you during our stated grace period. If you do not re-register
the domain name during the grace period, the auction sale will be concluded and you will receive a share
of the proceeds received from the new registrant. Tucows will send an email to the last address you have
provided advising you of the sale and your interest in same. At present, we agree to pay you forty (40)
per cent of the net proceeds of any such auction. You will have one (1) year following the issue of the
email to claim your share of the proceeds. Any amounts not claimed within one (1) year will be deemed to
have been abandoned by you and will be deposited by us for our own account.
If you fail to renew your domain name registration during the grace period, you
acknowledge that you have abandoned the domain name and that it is available for sale and registration
by any third party.
- 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.
- 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:
- your name and postal address (or, if different, that of the domain name holder);
- the domain name being registered;
- the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
- the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name; and
- the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the technical contact for the domain name.
Any voluntary information we request is collected in order that we can continue to improve the products
and services offered to you through your Reseller.
- 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, law enforcement agencies 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, 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 Reseller.
- We will not process or maintain 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 disclosure, alteration or destruction of that information.
- OBLIGATION TO MAINTAIN WHOIS. 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 ICANN or an applicable registry policy.
- REVOCATION. We, in our sole discretion, reserve the right to deny, cancel,
suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity
and stability of the company and any applicable registry, to comply with any applicable laws, government
rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain
name registration.
- INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement
may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term,
condition, policy or procedure of the applicable registry shall prevail.
- 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 regular mail. 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. E-mail notification to Tucows must be sent to lhutz@tucows.com. Any
notice to you will be sent 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 five (5) business
days after the date of mailing Postal notices to Tucows shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified in
the "Administrative Contact" in your Whois record.
- ENTIRETY. You agree that this Agreement, the applicable dispute policy and
the rules and policies published by Tucows and any applicable registry or other governing authority,
are the complete and exclusive agreement between you and us regarding our Services.
- 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.
- FORCE MAJEURE. You acknowledge and agree that neither we nor the applicable
registry shall be responsible for any failures or delays in performing our respective obligations
hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of
God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
- PRIVACY. Information collected about you is subject to the terms of Tucows'
privacy policy, the terms of which are hereby incorporated by reference. Tucows' privacy policy can be
found at: http://www.tucows.com/privacy.html
- CONTROLLING LANGUAGE. In the event that you are reading this Agreement in a
language other than the English language, you acknowledge and agree that the English language version
hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
- TLD'S. The following additional provisions apply to any domain names that
you register through Tucows with the various registries:
- .com/net Domains: In the case of a ".com" or ".net" registration,
the following terms and conditions will apply:
- Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply
with the requirements set forth by the Registry; these policies are subject to modification;
- For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2)
where Tucows is located, presently Toronto, Ontario.
- .org Domains: In the case of a ".org" registration, the following
terms and conditions will apply:
- Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform
Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the
requirements set forth by the Registry. These policies are subject to modification;
- For the adjudication of disputes concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
- .info Domains: In the case of a ".info" registration, the following
terms and conditions will apply:
- Registrant's Personal Data. You consent to the use, copying, distribution, publication,
modification, and other processing of Registrant's personal data by Afilias, the .INFO registry,
and its designees and agents, in a manner consistent with the purposes specified pursuant to
its contract;
- Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain
Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry. These policies are subject to modification;
- For the adjudication of disputes concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario;
- Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel,
transfer, or modify any registration that either registrar or Afilias deems necessary, at its
discretion, to protect the integrity and stability of the registry, to comply with any applicable
law, any government rule or requirement, any request of law enforcement, any dispute resolution
process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias,
as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees,
consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain
name or its registration data during resolution of a dispute.
- .biz Domains. In the case of a ".biz" registration, the following
terms and conditions will apply:
- .biz Restrictions. Registrations in the .biz top-level domain must be used or intended to
be used primarily for bona fide business or commercial purposes. For the purposes of the .biz
registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or
bona fide intent to use the domain name or any content, software, materials, graphics or other
information thereon, to permit Internet users to access one or more host computers through the DNS:
- to exchange goods, services, or property of any kind;
- in the ordinary course of business; or
- to facilitate (i) the exchange of goods, services, information or property of any kind; or
(ii) the ordinary course of trade or business.
For more information on the .biz restrictions, which are incorporated herein by reference,
please see: http://www.icann.org/tlds/agreements/ biz/registry-agmt-appl-18apr01.htm.
- Selection of a Domain Name. You represent that:
- 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,
up-to-date and complete;
- 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;
- that the domain name is not being registered for nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever;
- 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;
- you have the authority to enter into this Registration Agreement; and
- the registered domain name is reasonably related to your business or intended commercial purpose
at the time of registration.
- Provision of Registration Data. As part of the registration process, you are required to
provide us with certain information and to keep the information true, current, complete, and
accurate at all times. The information includes the following:
- your full name;
- your postal address;
- your e-mail address;
- your voice telephone number;
- your fax number (if applicable);
- the name of an authorized person for contact purposes in the case of a registrant that is an
organization, association, or corporation;
- the IP addresses of the primary nameserver and any secondary nameserver for the domain name;
- the corresponding names of the primary and secondary nameservers;
- the full name, postal address, e-mail address, voice telephone number, and, when available,
fax number of the administrative, technical, and billing contacts, and the name holder for the domain
name; and
- any remark concerning the domain name that should appear in the Whois directory.
- You agree and understand that the foregoing registration data will be publicly available and
accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold
in bulk in accordance with the ICANN agreement.
- 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:
- The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available
at: http://www.icann.org/dndr/udrp/policy.htm;
- The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at:
http://www.icann.org/tlds/agreements/biz/ registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
- The Dispute Policy sets forth the terms and conditions in connection with a dispute
between a Registrant and any party other than the Registry or Registrar over the registration
and use of an Internet domain name registered by Registrant.
- The 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.
- For the adjudication of disputes concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is
located, presently Toronto, Ontario.
- .mobi Domains. In the case of a ".mobi" registration, the following
terms and conditions will apply:
- You agree to adhere to operational standards, policies, procedures, and practices for the
.mobi TLD established from time to time by the Registry;
- Notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd.
("dotmobi"), the registry operator of the .mobi TLD, is and shall be an intended third party
beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that
the third party beneficiary rights of dotmobi have vested and that dotmobi
has relied on hits third party beneficiary rights under this Agreement in agreeing to our being
a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of
dotmobi shall survive any termination or expiration of this Agreement.
- You consent to the use, copying, distribution, publication, modification and other processing
of your personal data in a manner consistent with registry and registrar policies and with
relevant mandatory local data protection, laws and privacy;
- You agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute
Resolution Policy ("UDRP");
- You will immediately correct and update the registration information for your registered
domain name during the registration term; and
- You agree to be bound by the terms and conditions of the initial launch and general
operations of the .mobi TLD, including without limitation, the Limited Industry Launch,
the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the
Premium Name Allocation Process, and the General Registration Period, and further to
acknowledge that neither we nor the registry have any liability of any kind for any
loss or liability resulting from the proceedings and processes relating to the Limited
Industry Launch, the Sunrise period, the Land Rush Period, the Sunrise Dispute Resolution
Policy, the Premium Name Allocation Process, and the General Registration Period including,
without limitation: (a) the ability or inability of a registrant to obtain a Registered Name
during these periods, and (b) the results of any dispute made during the limited industry
launch or over a Sunrise Registration.
- You agree that we and/or the registry reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion (i) to protect the integrity and
stability of the registry; (ii) to comply with all applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute resolution
process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as
well as its affiliates, subsidiaries, officers, directors, representatives, employees and
stockholders; (iv) for violation of the terms and conditions herein; or (v) to correct
mistakes made by the registry or any registrar in connection with a domain name registration.
We also reserve the right to freeze a domain name during resolution of a dispute.
- You acknowledge and agree that you will comply with the requirements, standards,
policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to
the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with
the Style Guide. Furthermore, you acknowledge and agree that this Style Guide is subject to
modification by the registry with any such changes appearing at the previously designated
URL, and that you will promptly comply with any such changes in the time allotted.
- .name Domains. In the case of a ".name" registration, the following
terms and conditions will apply:
- .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.
- .name Representations. As a .name domain name registrant, you hereby represent that:
- the registered domain name or second level domain ("SLD") e-mail address is your
Personal Name.
- 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,
- 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;
- that the domain name is not being registered for nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever;
- the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/ name/registry-agmt-appl-8aug03.htm; and
- you have the authority to enter into this Registration Agreement.
- E-mail Forwarding Services. The Services for which you have registered may, at your
option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged
to do so in accordance with all applicable legislation and are responsible for all use of e-mail
forwarding, including the content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of and to comply with the generally
accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable
Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following
restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding:
- 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;
- 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;
- 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
- for spamming, which includes, but is not restricted to, the mass mailing of unsolicited
e-mail, 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
e-mail forwarding.
- Registry reserves the right to implement additional anti-spam measures, to block spam or
mail from systems with a history of abuse from entering Registry's e-mail forwarding. However, due
to the nature of such systems, which actively block messages, Registry 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.
- You understand and agree that Registry may delete material that does not conform to clause
(c) above or that in some other way constitutes a misuse of e-mail forwarding. You further
understand and agree that Registry is at liberty to block your access to e-mail forwarding if you
use e-mail forwarding in a way that contravenes this Agreement. You will be given prior warning of
discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or
jeopardize the security of Registry or others to do so. Registry reserves the right to immediately
discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is
threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.
- You understand and agree that to the extent either we and/or Registry is required by law to
disclose certain information or material in connection with your e-mail forwarding, either we
and/or Registry will do so in accordance with such requirement and without notice to you.
- 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. 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.
- the Eligibility Requirements (the "Eligibility Requirements"), available at: http://www.icann.org/tlds/agreements/name/ registry-agmt-appl-8aug03.htm;
- the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at: http://www.icann.org/tlds/agreements/name/ registry-agmt-appm-8aug03.htm; and
- the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm.
- The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD
e-mail addresses will be granted on a first-come, first-served basis. 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 e-mail 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) within .name.
- The UDRP sets forth the terms and conditions in connection with a dispute between a
Registrant and party other than the Registry or Tucows over the registration and use of an
Internet domain name registered by a Registrant.
- For the adjudication of disputes concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
- ccTLD'S
- .at Domains. In the case of a ".at" registration, the following terms and conditions
will apply:
- Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are posted on the Registry website at: http://www.nic.at/en/ service/legal_information/ terms_conditions/. You are
responsible for monitoring the Registry's site on a regular basis. In the event that you do not
wish to be bound by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry policy regarding
such cancellation.
- .be Domains. In the case of a ".be" registration, the following terms and conditions
will apply:
- Registry Policy. You acknowledge and understand that by accepting the terms and conditions
of this agreement you shall be bound by Registry policies and any pertinent rules or policies
that exist now or in the future and which are posted on the Registry website at http://www.dns.be/en/home.php?n=51. You are responsible
for monitoring the Registry's site on a regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy regarding such cancellation.
- 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 .be 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.dns.be/en/home.php?n=53.
- .ca Domains. In the case of a ".ca" registration, the following terms and conditions
will apply:
- 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.cira.ca/en/cat_Dpr.html. Please take the time to
familiarize yourself with this policy.
- Registry Policy. You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with a Registry adopted policy, (1) to
correct mistakes by Tucows or the Registry in registering the name or (2) for the resolution of
disputes concerning the domain name.
- Transfer of Ownership. Any transfer of ownership in and to a domain name registration
shall be affected in accordance with registry policies and procedures.
- Registry Agreement and Policy. You acknowledge and understand that by accepting the terms
and conditions of this agreement you shall be bound by the Registry's Registrant Agreement,
the Registry's policies and any pertinent rules or policies that exist now or in the future
and which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html. You are
responsible for monitoring the Registry's site on a regular basis. In the event that you do
not wish to be bound by a revision or modification to any Registry agreement or policy, your
sole remedy is to cancel your domain name registration by following the appropriate Registry
policy regarding such cancellation.
- You acknowledge and agree that the Registry shall not be liable to you for any loss,
damage, or expense arising out of the Registry's failure or refusal to register a domain name,
it's failure or refusal to renew a domain name registration, it's registration of a domain
name, it's failure or refusal to renew a domain name registration, it's renewal of a domain
name registration, it's failure or refusal to transfer a domain name registration, it's
transfer of a domain name registration, it's failure or refusal to maintain or modify a
domain name registration, it's maintenance of a domain name registration, it's modification
of a domain name registration, it's failure to cancel a domain name registration or it's
cancellation of a domain name registration from the Registry;
- .cc Domains. In the case of a ".cc" registration, the following terms and conditions
will apply:
- 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.nic.cc/policies/dispute.html. Please take the
time to familiarize yourself with this policy.
- Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are posted on the Registry website at: http://www.enic.cc /en-def-c2689f094aa0/ en/policies/policies.shtml.
You are responsible for monitoring the Registry's site on a regular basis. In the event that
you do not wish to be bound by a revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following the appropriate Registry policy
regarding such cancellation.
- .ch Domains. In the case of a ".ch" registration, the following terms and conditions
shall apply:
- Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring
the Registry's site on a regular basis. In the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding such cancellation.
- 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 .ch 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.switch.ch/id/disputes/rules. Please take the time
to familiarize yourself with this policy.
- .cn Domains. In the case of a ".cn" registration, the following terms and conditions
shall apply:
- "Registry" means the China Internet Network Information Center, which is the authority
responsible for the administration of the national top-level domain of the People's Republic
of China and the Chinese domain name system;
- "Registry Gateway" means the service provided by the Registry Operator that facilitates
the registration of .cn domain names by registrars operating outside of the People's Republic
of China;
- "Registry Operator" means Neustar, Inc., the company authorized to facilitate the
registration of .cn domain names by registrars operating outside of the People's Republic of China.
- Restrictions. You agree that you shall not register or use a domain name that is
deemed by CNNIC to:
- be against the basic principles prescribed in the Constitution of the Peoples
Republic of China ("PRC");
- jeopardize national security, leak state secrets, intend to overturn the
government or disrupt the integrity of the PRC;
- harm national honour and national interests of the PRC;
- instigate hostility or discrimination between different nationalities or
disrupt the national solidarity of the PRC;
- spread rumours, disturb public order or disrupt social stability of the PRC;
- spread pornography, obscenity, gambling, violence, homicide, terror or instigate
crimes in the PRC;
- insult, libel against others and infringe other people's legal rights and
interests in the PRC; or
- take any other action prohibited in laws, rules and administrative regulations
of the PRC.
- Business or Organization Representation. .cn domain name registrations are intended for
businesses and organizations and not for individual use. By registering a .cn name, you
accordingly represent that you have registered the domain name on behalf or a business or
organization. It should be noted that, although .cn policy is permissive in terms of
registration, and enforcement is generally in reaction to a complaint (as opposed to proactive
review), registrations that are not associated with an organization or business may be subject
to deletion. The foregoing prevents an individual from registering a .cn domain name for a
business operating as a sole proprietorship.
- Domain Name Disputes. You acknowledge having read and understood and agree to be bound
by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute
Resolution Policy ("Dispute Policy"), as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement. The Dispute Policy is
currently found at: http://www.cnnic.net.cn/html /Dir/2003/11/27/1526.htm.
- You acknowledge that, pursuant to the Dispute Policy, Registrars must comply with all
reasonable requests from the applicable domain name dispute resolution institutions including
the provision of all relevant evidence in any domain name disputes in the specified time frames.
- 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.
- Adherence to Policies. You agree to comply with all applicable laws, regulations and
policies of the Peoples Republic of China's governmental agencies and the China Internet Network
Information Centre ("CNNIC"), including but not limited to the following rules and regulations:
- Provisional Administrative Rules for Registration of Domain Names in China (currently
at http://www.cnnic.net.cn/html /Dir/2003/11/27/1520.htm);
- Detailed Implementation Rules for Registration of Domain Names in China (currently at
http://www.cnnic.net.cn/html /Dir/2003/11/27/1522.htm);
- Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html /Dir/2003/11/27/1526.htm); and
- CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html /Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and agree to be bound by the terms and
conditions of the policies of the CNNIC, as they may be amended from time to time.
- Suspension and Cancellation. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator,
CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with a CNNIC or government-adopted policy, (1) to correct mistakes by a party in
registering the name, (2) for the resolution of disputes concerning the domain name, (3) to
protect the integrity and stability of the registry, (4) to comply with any applicable laws,
government rules or requirements, requests of aw enforcement, (5) to avoid any liability, civil
or criminal, on the part of Tucows, Registry Operator or CNNIC, as well as their affiliates,
subsidiaries, directors, representatives, employees and stockholders or (6) for violations
of this Agreement. Tucows, Registry Operator and CNNIC also reserve the right to "freeze" a
domain name during the resolution of a dispute.
- Jurisdiction. For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where
Tucows is located, and (3) the People's Republic of China.
- Governing Law. For the adjudication of a dispute concerning or arising from use of a
.cn domain, such dispute will be governed under the Laws of the Peoples Republic of China.
- .de Domains. In the case of a ".de" registration, the following terms and conditions
will apply:
- Selection of a Domain Name. You represent that:
- you have reviewed and have accepted the Registry's Terms and Conditions and the
Registry's Guidelines and have provided your Reseller with written confirmation of same;
- either you, or the person designated as the administrative contact for the domain
name, shall be resident or shall have a branch in Germany;
- 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.
- 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 by the
Registry or any court of law. 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
specified by the Registry or any court of law.
- Registry Policies. You agree to be bound by the Registry's Registration Terms and
Conditions and the Registration Guidelines. English language translations of the Registry's
documents are provided for convenience; in the event of a discrepancy between the English and
the German language agreements, the terms of the German agreement will prevail. The Registry
documents may be found at:
English:
- Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
- Registration Guidelines
http://www.denic.de/en/richtlinien.html
German:
- DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
- DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
- .eu domains. In the case of a ".eu" registration, the following terms and conditions
will apply:
- Eligibility Criteria. .eu domain names are available for registration to companies and
persons who fulfill the following criteria. As a condition of registration, you accordingly
represent that you are:
- an undertaking having its registered office, central administration or principal
place of business within the European Community;
- an organization established within the European Community without prejudice to
the application of national law, or
- a natural person resident within the European Community.
- Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are posted on the Registry website.
Registration policies of the Registry and the terms and conditions applicable to your .eu
registration may be found at: http://www.eurid.eu/en/general/launch. You are responsible
for monitoring the Registry's site on a regular basis. In the event that you do not wish to
be bound by a revision or modification to any Registry policy, your sole remedy is to cancel
your domain name registration by following the appropriate Registry policy regarding such
cancellation.
- 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 by the
Registry or any court of law.
- .fr Domains. In the case of a ".fr" registration, the following terms and conditions
will apply:
- Representation of Registrant. .fr domain names are available for registration to
companies and persons who fulfill the following criteria. As a condition of registration,
you accordingly represent that you are:
- A legal entity:
- whose head office is in France; (or),
- which possess an address in France which is expressly listed in the public
electronic databases of the registrars of the commercial courts or the National
Statistical and Economic Studies Institute (INSEE), (or),
- State institutions or departments, local authorities or associated establishments,
(or),
- which own a trademark registered with the National Intellectual Property Institute
or own a registered EU or international trademark which expressly includes French territory.
- Administrative Contact. Each registrant must designate an administrative contact to act
as a coordinator between the registrant and the Registry. In the case of .fr registrations, the
administrative contact must be based in France where it can receive legal and other documents.
- Registry Policies. You agree to be bound by the Registry's Naming Charter, its registration
rules for .fr. English language translations of the Registry's documents are provided for
convenience. The Registry documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
- 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 by the
Registry or any court of law. The current .fr dispute resolution policy and procedures can be
found at http://www.afnic.fr/doc/ref/juridique/parl.
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 specified by the Registry or any court of law.
- .it Domains. In the case of a "it" registration, the following terms and conditions
shall apply:
- Registration Criteria. Registration of an .it name is restricted to subjects belonging
to a member state of the European Union. Individuals and associations operating without a VAT
number or a fiscal code are limited to a single domain name registration.
- Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are posted on the Registry website at
http://www.nic.it/NA/ regole-naming-curr-engl.txt. You
are responsible for monitoring the Registry's site on a regular basis. In the event that you
do not wish to be bound by a revision or modification to any Registry policy, your sole remedy
is to cancel your domain name registration by following the appropriate Registry policy
regarding such cancellation. Additional policies, including transfer procedures and
"netiquette" rules may be found at http://www.nic.it /NA/index-engl.html.
- .nl Domains. In the case of a ".nl" registration, the following terms and conditions
shall apply:
- Registration Criteria. Registration of a .nl domain name is unrestricted save and except
that applicants who are not based in the Netherlands or who do not have a registered address in
the Netherlands must provide an address in the Netherlands where written documents can be sent
to the applicant and where legal summonses can be served.
- Registry Policies. You agree to be bound by the policies of the Registry including but
not limited to the Registry's Registration Regulations. English language translations of the
Registry's documents are provided for convenience and may be found at:
http://www.sidn.nl /ace.php /c,728,2679 ,,,,Regulations _for_registration _of_nl_domain_names.html.
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 by the Registry or any court of law.
The current .nl dispute resolution policy and procedures can be found at
http://www.domain-registry.nl /sidn_english/ flat/General/Rules/ Regulations_for_arbitration_ on_.nl_domain_names/index.html.
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 specified by the Registry
or any court of law.
- .tv Domains. In the case of a ".tv" registration, the following terms and conditions
will apply:
- 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.icann.org/dndr/udrp/policy.htm. Please take
the time to familiarize yourself with this 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. 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.
- .uk Domains. In the case of a .uk registration, the following terms and conditions
will apply:
- "Nominet UK" means the entity granted the exclusive right to administer the registry
for .uk domain name registrations.
- 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.nominet.org.uk /disputes/drs/policy/. Please
take the time to familiarize yourself with this policy.
- Nominet UK Policy. You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or
condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet
UK-adopted policy, (1) to correct mistakes by a registrar or the registry in registering the
name, or (2) for the resolution of disputes concerning the domain name. The current Nominet
UK terms and conditions can be found at: http://www.nominet.org.uk /registrants/legal/terms/.
When you submit a request for a domain name registration with Tucows and/or Reseller, you
will be entering into two contracts - one contract with Tucows and/or Reseller and one contract
with Nominet UK.
Tucows and your Reseller will act as agents on your behalf by submitting your application
to Nominet for you, however, you will still be entering into a direct contract between you and
Nominet UK. This is a separate contract from this agreement; may be found at http://resellers.tucows.com /contracts/uk/ukterms. Tucows and
Reseller must also make you aware that by accepting Nominet's terms and conditions you are
consenting to Nominet using your personal data for a variety of reasons. In particular, your
name and address may be published as part of Nominet's Whois look-up service.
- Transfer of Ownership. Any transfer of ownership in and to a domain name registration
shall be affected in accordance with Nominet UK policies and procedures.
- .us Domains. In the case of a ".us" registration, the following terms and conditions
will apply:
- "DOC" means the United States of America Department of Commerce.
- ".us Nexus Requirement". Only those individuals or organizations that have a substantive
lawful connection in the United States are permitted to register for .usTLD domain names.
Registrants in the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus Requirements")
set out at: http://www.neustar.us/policies/docs/ ustld_nexus_requirements.pdf.
- Selection of a Domain Name. You certify and represent that:
- You have and shall continue to have, a bona fide presence in the United States on
the basis of real and substantial lawful contacts with, or lawful activities in, the
United States as defined in Section (ii) hereinabove;
- The listed name servers are located within the United States;
- 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, up-to-date and complete;
- 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;
- That the domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever;
- You have the authority to enter into this Registration Agreement.
- 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 and the usDRP, as defined below, that is incorporated herein and made a part of this
Agreement by reference. Please take the time to familiarize yourself with these policies.
- 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:
- The Nexus Dispute Policy ("Dispute Policy), available at:
http://www.neustar.us /policies/docs/ nexus_dispute_policy.pdf.
The Dispute Policy will
provide interested parties with an opportunity to challenge a registration not complying
with the Nexus Requirements.
- The usTLD Dispute Resolution Policy ("usDRP") available at:
http://www.neustar.us /policies/docs/usdrp.pdf.
The usDRP is intended to provide interested
parties with an opportunity to challenge a registration based on alleged trademark
infringement.
- In addition to the foregoing, you agree that, for the adjudication of disputes
concerning or arising from use of the Registered Name, you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of
your domicile, (ii) where Tucows is located, and (iii) the United States.
- Policy. You agree that your registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Tucows, Registry Operator, the DOC or government-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC 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. The Registry
Operator's policies can be found at http://www.neustar.us/policies.
- Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section
13 hereinabove.
- 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:
- Your full name, postal address, e-mail address and telephone number and fax number (if
available) (or, if different, that of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and telephone number and fax number (if
available) telephone numbers of the administrative contact, the technical contact and the
billing contact for the domain name;
- The IP addresses and names of the primary nameserver and any secondary nameserver(s)
for the domain name;
- In addition to the foregoing, you will be required to provide additional Nexus Information.
The Nexus Information requirements are set out at http://www.neustar.us /policies/docs/ ustld_nexus_requirements.pdf .
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 Reseller.
- Disclosure and Use of the Registration Information. You agree and acknowledge that we
will make domain name registration information you provide available to the DOC, to the
Registry Operator, 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 the DOC 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 Reseller.
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.
- WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you
subscribe to the Whois Privacy Service:
- Subscribers to the Whois Privacy Service have elected to include the following information
in the publicly available Whois Registry:
- Contactprivacy.com shall appear as the Registrant and Contacts name(s);
- Tucows' postal address and a Tucows assigned email address and telephone number
shall appear on behalf of the Registrant and the Contact(s);
- The primary and secondary nameservers shall be those designated by the Registrant;
- The original date of registration and the expiration of each domain name;
- Tucows will be identified as the registrar of record.
- You understand and agree that the Registrant and Contact Information that you have provided
will be kept on file. You further agree and warrant that you will ensure that the Whois Information
is true, accurate and up to date.
- You will will retain complete control over the domain name and its registration records and
may suspend and reinstate the Whois Privacy Service at your discretion.
- The Whois Privacy Service may be used with both new and existing domain name registrations.
You may use the Whois Privacy Service with respect to a domain name that has been transferred but
it will only commence after the transfer has been completed. If you wish to transfer the domain
name to a different registrar,the Whois Privacy Service must be disabled in order to initiate the
transfer.
- We will send all obligatory renewal and transfer related messages to the Contacts you have
designated.
- Communications Forwarding. Communications received with respect to a particular domain
name registration will be handled as follows:
- We will forward to you or a Contact all correspondence received by registered mail
or traceable courier. This information may be opened, scanned and emailed to you or your
Contact.. Regular postal mail will be discarded or returned to sender at our discretion.
- Email correspondence will be forwarded according to the instructions of the Registrant
as they appear in our records.
- A voice mail message will advise all callers that inbound messages will not be
accepted; calls will be directed to the contactprivacy.com web site where written messages
will be forwarded according to your instructions.
- We will only be responsible for forwarding communications where our details have
appeared in the whois and when your Whois Information is accurate, complete and up to date.
- Right to Suspend and Disable. We shall have the right, at our sole discretion and without
liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant
and Contact Whois Information in certain circumstances, including but not limited to the following:
- when required by law;
- in the good faith belief that disclosure is necessary to further determination of an
alleged breach of a law;
- to comply with a legal process served upon Tucows;
- to resolve any and all third party claims including but not limited to ICANN's or a
Registry's dispute resolution policy;
- to avoid financial loss or legal liability;
- if we believe that you or one of your Contacts is using the Whois Privacy Service to
conceal involvement with illegal, illicit, objectionable or harmful activities; or
- to transmit SPAM, viruses, worms or other harmful computer programs.
- You understand and agree that, in the event that we receive a formal complaint, notice of
claim or UDRP, that we will have the right to disable the Whois Privacy Service pending final
disposition of the matter.
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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