Registration
Agreement - .NAME
1. AGREEMENT.
In this Registration Agreement ("Agreement") "you" and "your" refer to
the registrant of each domain name registration and/or recipient of email
forwarding services, "we", "us" and "our" refer to TUCOWS Inc., "Registry
Operator" refers to The Global Name Registry Ltd. and "Services" refers
to the domain name registration and email forwarding provided by us as
offered through____________________("RSP"). This Agreement explains our
obligations to you, and explains your obligations to us for various Services.
2. .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.
3. .name
REPRESENTATIONS.
As a .name domain name Registrant, you hereby represent that:
(i) the registered domain name or second level domain ("SLD") email
address is your Personal Name.
(ii) 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,
(iii) 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;
(iv) that the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
(v) the registration satisfies the Eligibility Requirements found at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and
(vi) you have the authority to enter into this Registration Agreement.
4. EMAIL
FORWARDING SERVICES.
(i) The Services for which you have registered may, at your option,
include email forwarding. To the extent you opt to use email forwarding,
you are obliged to do so in accordance with all applicable legislation
and are responsible for all use of email forwarding, including the content
of messages sent through email forwarding.
(ii) You undertake to familiarize yourself with the content of and to
comply with the generally accepted rules for Internet and email usage.
This includes, but is not limited to the Acceptable Use Policy, available
at http://www.theglobalname.org/
as well as the following restrictions. Without prejudice to the foregoing,
you undertake not to use email forwarding:
(a) 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;
(b) 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;
(c) 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
(d) for spamming, which includes, but is not restricted to, the mass
mailing of unsolicited email, 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 email forwarding.
(iii) Registry Operator reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry Operator's email forwarding. However, due to the nature
of such systems, which actively block messages, Registry Operator 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.
(iv) You understand and agree that Registry Operator may delete material
that does not conform to clause (c) above or that in some other way constitutes
a misuse of email forwarding. You further understand and agree that Registry
Operator is at liberty to block your access to email forwarding if you
use email forwarding in a way that contravenes this Agreement. You will
be given prior warning of discontinuation of the email forwarding unless
it would damage the reputation of Registry Operator or jeopardize the security
of Registry Operator or others to do so. Registry Operator reserves the
right to immediately discontinue email forwarding without notice if the
technical stability of email forwarding is threatened in any way, or if
you are in breach of this Agreement. On discontinuing email forwarding,
Registry Operator is not obliged to store any contents or to forward unsent
email to you or a third party.
(v) You understand and agree that to the extent either we and/or Registry
Operator is required by law to disclose certain information or material
in connection with your email forwarding, either we and/or Registry Operator
will do so in accordance with such requirement and without notice to you.
5. FEES.
As consideration for the Services you have selected, you agree to pay the
RSP the applicable service(s) fees. All fees payable hereunder are non-refundable.
As further consideration for the Services, you agree to: (1) provide certain
current, complete and accurate information about you as required by the
registration process and (2) maintain and update this information as needed
to keep it current, complete and accurate. All such information shall be
referred to as account information ("Account Information"). By submitting
this Agreement, you represent that the statements in your Application are
true, complete and accurate.
6. TERM.
This Agreement shall remain in full force during the length of the term
of your domain name registration(s) as selected, recorded, and paid for
upon registration of the domain name. Should you choose to renew or otherwise
lengthen the term of your domain name registration, then the term of this
Registration Agreement shall be extended accordingly. Should the domain
name be transferred to another Registrar, the terms and conditions of this
contract shall cease.
7. MODIFICATIONS
TO AGREEMENT.
You agree that we may in our sole discretion: (1) revise the terms and
conditions of this Agreement; and (2) change the services provided under
this Agreement. You agree to be bound by any such revision or change will
which shall be effective immediately upon posting on our web site or upon
notification to you by e-mail or your country's postal service pursuant
to the Notices section of this Agreement. You agree to review this Agreement
as posted on our web site periodically to maintain an awareness of any
and all such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with notice
by e-mail or postal service pursuant to the Notices section of this Agreement.
Notice of your termination shall be effective after processing by us. You
agree that, by continuing the use of Services following notice of any revision
to this Agreement or change in service(s), you shall be bound by any such
revisions and changes. You further agree to be bound by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as presently written and posted
on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. You acknowledge that if you
do not agree to any such modifications, you may request that your domain
name be deleted from the domain name database. We will not refund any fees
paid by you if you terminate your agreement with us.
8. MODIFICATIONS
TO YOUR ACCOUNT.
In order to change any of your account information with us, you must use
your Account Identifier and Password that you selected when you opened
your account with us. You agree to safeguard your Account Identifier and
Password from any unauthorized use. In no event shall we be liable for
the unauthorized use or misuse of your Account Identifier or Password.
You will not be able to transfer your domain name during the first sixty
(60) days following registration of the domain name with us. Beginning
on the sixty-first (61st) day following the registration, the policies
set forth at: http://www.opensrs.org/dotname_info.shtml
shall apply.
9. DOMAIN
NAME DISPUTE POLICY.
If you reserved or registered a domain name through us, or transferred
a domain name to us from another registrar, you agree to be bound by the
Dispute Policy that is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found at
http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy. In addition,
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.
(i) the Eligibility Requirements (the "Eligibility Requirements"), available
at http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a dispute
resolution proceeding or during the landrush procedures in connection with
the opening of the Registry TLD. 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
email 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 Operator) within .name.
The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than Global Name Registry ("Registry
Operator") or Registrar over the registration and use of an Internet domain
name registered by a Registrant.
10. DOMAIN
NAME DISPUTE POLICY MODIFICATIONS.
You agree that we, in our sole discretion, may modify our dispute policy.
We will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining
the reservation or registration of your domain name or SLD email address
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 modification, you may terminate this Agreement. We will not refund
any fees paid by you if you terminate your Agreement with us.
11. DOMAIN
NAME DISPUTES.
You agree that, if your use of our domain name registration services is
challenged by a third party, you will be subject to the provisions specified
in our 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 set
forth below in this agreement. 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.
12. POLICY.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any Tucows, Registry
Operator, ICANN or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with an ICANN or government-adopted
policy, (1) to correct mistakes by us or the applicable Registry in registering
the name or (2) for the resolution of disputes concerning the domain name.
13. AGENCY.
Should you intend to license use of a domain name to a third party you
shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for providing
and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the domain name. You shall accept liability for harm caused
by wrongful use of the domain name. You represent that you have provided
notice of the terms and conditions in this Agreement to a third party licensee
and that the third party agrees to the terms hereof.
14. 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.
15. LIMITATION
OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect
to any Services(s) provided under this Agreement and any breach of this
Agreement is solely limited to the amount you paid for such Service(s).
Neither we nor our contractors or third party beneficiaries shall be liable
for any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or for the
cost of procurement of substitute services. Because some jurisdictions
do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such jurisdictions, our liability is limited
to the extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting from
access delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data miss-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account identifier or password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that we will not be liable
for any loss of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential damages
of any kind (including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if we have
been advised of the possibility of such damages. In no event shall our
maximum liability exceed five hundred ($500.00) dollars.
You agree that neither we nor the Registry Operator will have any liability
of any kind for any loss or liability resulting from (i) the processing
of registration requests prior to live SRS launch, including, without limitation,
your ability or inability to obtain a .name domain name or SLD email address
registration using these processes; or (ii) any dispute over any .name
domain name, SLD email address, Defensive Registration or NameWatch Registration
(as defined by the Registry Operator), including the decision of any dispute
resolution proceeding related to any of the foregoing.
16. INDEMNITY.
You agree to release, indemnify, and hold us, the Registry Operator, our
contractors, agents, employees, officers, directors, affiliates and third
party beneficiaries harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising out
of or relating to the domain name registered under this Agreement, the
Services provided hereunder or your use of the Services, including without
limitation infringement by you, or someone else using the Service of any
intellectual property or other proprietary right of any person or entity,
or from the violation of any of our operating rules or policy relating
to the Service(s) provided. You also agree to release, indemnify and hold
both us and the Registry Operator harmless pursuant to the terms and conditions
contained in the Dispute Policies. When we are threatened with suit by
a third party, we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those assurances shall
be a breach of your Agreement and may result in deactivation of your domain
name. This indemnification obligation will survive the termination or expiration
of this Agreement.
17. TRANSFER
OF OWNERSHIP.
The person named as Registrant at the time the user name and password are
secured shall be the owner of the domain name. You agree that prior to
transferring ownership of your domain name to another person (the Transferee")
you shall require the Transferee to agree in writing to be bound by all
the terms and conditions of this Agreement. Your domain name will not be
transferred until we receive such written assurances or other reasonable
assurance that the Transferee has been bound by the contractual terms of
this Agreement (such reasonable assurance as determined by us in our sole
discretion) 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. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the registration
of your domain name.
18. 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 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.
19. NO
GUARANTY.
You acknowledge that registration or reservation of your chosen domain
name does not confer immunity from objection to either the registration,
reservation, or use of the domain name.
20. 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.
21. 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 full name, postal address, e-mail address and voice telephone
number and fax number (if available) (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 telephone
number and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the domain name;
(iv) The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data will
be publicly available and accessible on the Whois directory as required
by ICANN and may be sold in bulk in accordance with ICANN policy. You further
understand and agree that the foregoing registration data may be transferred
internationally.
22. DISCLOSURE
AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name registration information
you provide available to ICANN, to the registry administrators, and to
other third parties as applicable. You further agree and acknowledge that
we may make publicly available, or directly available to third party vendors,
some, or all, of the domain name registration information you provide,
for purposes of inspection (such as through our WHOIS service) or other
purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such disclosure or
use of your domain name registration information by us.
You may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your RSP.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized accessor disclosure, alteration
or destruction of that information.
23. 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 your 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.
24. RIGHT
OF REFUSAL.
We, and/or Registry Operator, in our sole discretion, reserve the right
to refuse to register or reserve your chosen domain name or register you
for other Services, to protect the integrity and stability of the Registry,
to comply with any applicable laws, government rules or requirements, requests
of law enforcement, in compliance with the dispute resolution process,
or to avoid any liability, civil or criminal, on our part and/or that of
the Registry Operator, as well as our affiliates, subsidiaries, officers,
directors and employees. We and the Registry Operator reserve the right
to suspend a domain name during the resolution of a dispute.
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 a 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.
25.
We reserve the right to delete or transfer your domain name following registration
if we believe the registration has been made possible by a mistake, made
either by us or by a third party.
26. 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.
27. NON-AGENCY.
Nothing contained in this Agreement or the Dispute Policies shall be construed
as creating any agency, partnership, or other form of joint enterprise
between the parties.
28. 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.
29. NOTICES.
Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via postal service.
In the case of e-mail, valid notice shall only have been deemed to be given
when an electronic confirmation of delivery has been obtained by the sender.
In the case of e-mail, notifications must be sent to us at lhutz@tucows.com,
or in the case of notification to you, to the e-mail address provided by
you in your WHOIS record. Any e-mail communication shall be deemed to have
been validly and effectively given on the date of such communication, if
such date is a business day and such delivery was made prior to 4:00 p.m.
EST, otherwise it will be deemed to have been delivered on the next business
day. In the case of regular mail notice, valid notice shall be deemed to
have been validly and effectively given 5 business days after the date
of mailing and, in the case of notification to us or to RSP shall be sent
to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record
30. ENTIRETY.
You agree that this Agreement, the rules and policies published by Tucows,
ICANN and/or the Registry Operator 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.
31. 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.
32. INFANCY.
You attest that you are of legal age to enter into this Agreement.
33. 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.