|
|
- 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 Vastcom Network
Inc. ("RSP"). This Agreement explains our obligations to you,
and explains your obligations to us for various Services.
- 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:
(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.
- 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.
- FEES. As consideration for the Services you have
selected, you agree to pay the RSP the applicable service(s)
fees. All fees payable hereunder are non-refundable. As
further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information
about you as required by the registration process and (2)
maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be
referred to as account information ("Account Information"). By
submitting this Agreement, you represent that the statements
in your Application are true, complete and accurate.
- TERM. This Agreement shall remain in full force
during the length of the term of your domain name
registration(s) as selected, recorded, and paid for upon
registration of the domain name. Should you choose to renew or
otherwise lengthen the term of your domain name registration,
then the term of this Registration Agreement shall be extended
accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall
cease.
- MODIFICATIONS TO AGREEMENT. You agree that we may
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.
- 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.
- 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.
- 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.
- 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.
- POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, ICANN or
government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with an ICANN or
government-adopted policy, (1) to correct mistakes by us or
the applicable Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
- AGENCY. Should you intend to license use of a
domain name to a third party you shall nonetheless be the
domain name holder of record and are therefore responsible for
providing your own full contact information and for providing
and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You
shall accept liability for harm caused by wrongful use of the
domain name. You represent that you have provided notice of
the terms and conditions in this Agreement to a third party
licensee and that the third party agrees to the terms hereof.
- 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
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.
- 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.
- 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.
- 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.
- NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer
immunity from objection to either the registration,
reservation, or use of the domain name.
- DISCLAIMER OF WARRANTIES. You agree that your use
of our Services is solely at your own risk. You agree that
such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty
that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error
free; nor do we make any warranty as to the results that may
be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through
the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is
done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or
loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or
services purchased or obtained through the Service or any
transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us
or through the Service shall create any warranty not expressly
made herein.
- INFORMATION. As part of the registration process,
you are required to provide us certain information and to
update us promptly as such information changes such that our
records are current, complete and accurate. You are obliged to
provide us the following information:
(i) Your 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.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You
agree and acknowledge that we will make domain name
registration information you provide available to ICANN, to
the registry administrators, and to other third parties as
applicable. You further agree and acknowledge that we may make
publicly available, or directly available to third party
vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as
through our WHOIS service) or other purposes as required or
permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of
information provided by you in connection with the
registration of a domain name (including any updates to such
information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising
from such disclosure or use of your domain name registration
information by us.
You may access your domain name registration information in
our possession to review, modify or update such information,
by accessing our domain manager service, or similar service,
made available by us through your RSP.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible
with the purposes and other limitations which we describe in
this Agreement.
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized
accessor disclosure, alteration or destruction of that
information.
- REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update
information provided to us, or 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.
- 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.
- 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.
- SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is declared
invalid or unenforceable, that term or provision will be
construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and
effect.
- NON-AGENCY. Nothing contained in this Agreement or
the Dispute Policies shall be construed as creating any
agency, partnership, or other form of joint enterprise between
the parties.
- NON-WAIVER. Our failure to require performance by
you of any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall the
waiver by us of a breach of any provision hereof be taken or
held to be a waiver of the provision itself.
- NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing
and given by sending it via e-mail or via postal service. In
the case of e-mail, valid notice shall only have been deemed
to 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
- 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.
- 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.
- 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.
TOP
|
|
 |
|
Copyright @ 2015
Vastcom Network Inc. All rights reserved. |
|
|
|
|
