1. 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 the University of Oxford, the
Registration Service Provider ("Reseller"). Any
reference to a "registry," "Registry" or "Registry
Operator" shall refer to the registry
administrator of the applicable top-level domain
("TLD"). 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, even
if an inquiry indicates that a domain name is
available at the time of your application. You
represent that, to the best of the your knowledge
and belief, neither the registration of the domain
name nor the manner in which you intend to use it,
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 GUARANTEE. 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 and specifying the
amount of time you have 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, in our sole discretion, have
elected to renew the registration, you will be
entitled to a grace period of thirty-five (35)
days during which you may re-register the domain
name from us. Additional costs for the redemption
and re-registration will 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 also may 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.
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:
(a) your name and postal address (or, if
different, that of the domain name holder); (b)
the domain name being registered; (c) the name,
postal address, e-mail address, and voice and fax
(if available) telephone numbers of the
administrative contact for the domain name; (d)
the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of
the billing contact for the domain name; and (e)
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. (a) 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. (b) 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. (c) 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.
(d) 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 Dom ain 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: (A) to exchange goods,
services, or property of any kind; (B) in the
ordinary course of business; or (C) 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: (A) 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; (B) 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;
(C) that the domain name is not being registered
for nor shall it at any time whatsoever be used
for any unlawful purpose whatsoever; (D) 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; (E) you have the
authority to enter into this Registration
Agreement; and (F) 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: (A) your full name; (B) your postal
address; (C) your e-mail address; (D) your voice
telephone number; (E) your fax number (if
applicable); (F) the name of an authorized person
for contact purposes in the case of a registrant
that is an organization, association, or
corporation; (G) the IP addresses of the primary
nameserver and any secondary nameserver for the
domain name; (H) the corresponding names of the
primary and secondary nameservers; (I) 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 (J) any remark concerning the domain name that
should appear in the Whois directory. (K) 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: (A) The Uniform
Domain Name Dispute Resolution Policy ("Dispute
Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) 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.
- .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: (A) the
registered domain name or second level domain
("SLD") e-mail address is your Personal Name. (B)
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, (C) 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; (D) that the domain name
is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose
whatsoever; (E) the registration satisfies the
Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and (F) 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: (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 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. (A) the Eligibility
Requirements (the "Eligibility Requirements"),
available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; (B) the Eligibility Requirements Dispute
Resolution Policy (the "ERDRP"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and (C) 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.
- .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=121.
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.verisign.com/information-services/naming-services/cctlds/page_042130.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.verisign.com/information-services/naming-services/cctlds/page_042130.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 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: (A) be against
the basic principles prescribed in the
Constitution of the Peoples Republic of China
("PRC"); (B) jeopardize national security, leak
state secrets, intend to overturn the government
or disrupt the integrity of the PRC; (C) harm
national honour and national interests of the PRC;
(D) instigate hostility or discrimination between
different nationalities or disrupt the national
solidarity of the PRC; (E) spread rumours, disturb
public order or disrupt social stability of the
PRC; (F) spread pornography, obscenity, gambling,
violence, homicide, terror or instigate crimes in
the PRC; (G) insult, libel against others and
infringe other people's legal rights and interests
in the PRC; or (H) 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: (A) Provisional Administrative
Rules for Registration of Domain Names in China
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm); (B) Detailed Implementation Rules for
Registration of Domain Names in China (currently
at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm); (C) Chinese Domain Names Dispute Resolution
Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and (D) 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: (A) 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;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; (B) either you, or
the person designated as the administrative
contact for the domain name, shall be resident or
shall have a branch in Germany; (C) 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: (A)
Registration Terms and Conditions http://www.denic.de/en/bedingungen.html;
(B) Registration Guidelines http://www.denic.de/en/richtlinien.html;
German: (C) DENIC-Registrierungsbedingungen http://www.denic.de/de/bedingungen.html
(D) 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: (A) an
undertaking having its registered office, central
administration or principal place of business
within the European Community; (B) an organization
established within the European Community without
prejudice to the application of national law, or
(C) 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/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_en.pdf.
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) A legal entity: (I) whose head office is
in France; (or), (II) 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), (III)
State institutions or departments, local
authorities or associated establishments, (or),
(IV) 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: http://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,728,17,,,,Rules.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.verisign.com/information-services/naming-services/cctlds/page_042130.html" 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/.
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/disputes/terms/
When you submit a request for a domain name
registration with Tucows and/or Reseller, you will
be entering into two contracts Ð 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: (A) 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; (B) The listed name servers are
located within the United States; (C) 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; (D) 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; (E) That the
domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful
purpose whatsoever; (F) 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: (A) 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. (B) 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. (C) 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: (A) 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); (B) The domain name
being registered; (C) 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; (D) 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.
- .asia Domains. In the case of a .asia
registration, the following terms apply:
- The
Registered Name Holder/Registrant consents to the
use, copying, distribution, publication,
modification and other processing of its Personal
Data by DotAsia Organisation Limited and its
designees and agents in a manner consistent with
the purposes specified pursuant to the
Registry-Registrar Agreement and with relevant
mandatory local data protection, laws and privacy.
- The Registered Name Holder/Registrant
agrees to correct and update the registration
information for the Registered Name immediately
during the registration term for the Registered
Name.
- In addition to the complying
with the Registrar's policies, the Registered Name
Holder/Registrant* agrees to comply with those
ICANN requirements, standards, policies,
procedures, and practices for which the Registry
Operator DotAsia Organisation Limited has
monitoring responsibility in accordance with the
Registry Agreement or with other arrangements with
ICANN.
- The Registered Name
Holder/Registrant agrees to comply with all the
operational standards, policies, procedures, and
practices for the .ASIA Registry as established
from time to time in a non-arbitrary manner by
DotAsia Organisation Limited (".ASIA Registry
Policies"). The Registered Name Holder/Registrant
acknowledges that .ASIA Registry Policies are
applicable to all registrars and/or registered
name holders/registrants. Any changes of the .ASIA
Registry Policies by the DotAsia Organisation
Limited that are consistent with the Registry
Agreement shall be effective upon thirty (30)
days' notice by DotAsia Organisation Limited to
Registrar. The Registered Name Holder/Registrant
further agrees to be bound by the terms and
conditions as set down by DotAsia Organisation
Limited during the initial launch and the general
operations of the .ASIA TLD, including without
limitation its Start-Up Policies where such terms
and conditions include the submission to a binding
arbitration for disputes arising from the Start-Up
process or any allocation of domain names.
- The Registered Name Holder/Registrant
agrees to submit to proceedings commenced under
ICANN's Uniform Domain Name Dispute Resolution
Policy ("UDRP") and to proceedings commenced under
ICANN's Charter Eligibility Dispute Resolution
Policy ("CEDRP"). The Registered Name
Holder/Registrant agrees to submit to proceedings
commenced under other dispute resolution policies
as set forth by DotAsia Organisation Limited from
time to time in the Registry Policies, including
but not limited to expedited processes for
suspension of a domain name by claims sought by
intellectual property right holders, Internet
engineering and security experts or other
competent claimants in the purpose of upholding
the stability, security and integrity of the .ASIA
Registry.
- The Registered Name
Holder/Registrant acknowledges and agrees to
comply with the .ASIA Charter Eligibility
Requirement. The Registered Name
Holder/Registrant* acting as Registrant Contact
represents and warrants that it has made known to
the Charter Eligibility Declaration Contact (the
"CED Contact"), and the CED Contact has agreed,
that the Registrant Contact and the CED Contact
will jointly be defined as the Registered Name
Holder, and that it shall be jointly responsible
for the Registered Name in the event of a dispute
or a challenge over the Registered Name
Holder/Registrant's* legal entitlement to or the
ownership of the Registered Name. The CED Contact
shall be bound by the provisions in the DotAsia
Organisation Limited's .ASIA Charter Eligibility
Requirement Policy published from time to time.
Registered Name Holder/Registrant acting as
Registrant Contact agrees that it has obtained an
agreement from the CED Contact that the Registrant
Contact shall remain the Operating Contact for all
operations of the domain, including but not
limited to domain transfer and updates.
- The Registered Name Holder/Registrant
agrees to indemnify, to the maximum extent
permitted by law, defend and hold harmless the
Registry Operator DotAsia Organisation Limited and
its directors, officers, employees and agents from
and against any and all claims, damages,
liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of
or relating to the Registered Name Holder's domain
name registration and or use. Notwithstanding the
other provisions in this Agreement, the Registered
Name Holder agrees that this indemnification
obligation shall survive the termination or
expiration of this registration agreement.
- The Registered Name Holder/Registrant
acknowledges and agrees that DotAsia Organisation
Limited and Registry Services Provider, acting in
consent with DotAsia Organisation Limited,
reserves the right to deny, cancel or transfer any
registration that it deems necessary, in its sole
discretion (i) to protect the integrity security,
and stability of the registry; (ii) to comply with
all appropriate 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 DotAsia Organisation Limited as
well as its affiliates, subsidiaries, officers,
directors, representatives, employees, and
stockholders; (iv) for violations of the terms and
conditions herein: or (v) to correct mistakes made
by DotAsia Organisation Limited, the Registry
Services Provider or any registrar in connection
with a domain name registration. DotAsia
Organisation Limited also reserves the right to
freeze a Registered Name such as placing a domain
name on hold, lock, or other status during the
resolution of a dispute.
- Notwithstanding anything in this
Agreement to the contrary, DotAsia Organisation
Limited, the Registry Operator of the .ASIA 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 DotAsia
Organisation Limited have vested and that it has
relied on its third party beneficiary rights under
this Agreement in agreeing to Tucows being a
registrar for the .ASIA TLD. Additionally, the
third party beneficiary rights of DotAsia
Organisation Limited shall survive any termination
or expiration of this Agreement.
- The
Registered Name Holder/Registrant acknowledges
that in the event of conflict between this section
of the Agreement and other sections of the same,
this section shall prevail.
- .li Domains. In the case of a “.li”
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.
- .me Domains. In the case of a “.me”
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.nic.me/index.php?page=25.
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 .me 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.me/index.php?page=25.
Please take the time to familiarize yourself with
this policy.
- 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); (ii) Tucows'
postal address and a Tucows assigned email address
and telephone number shall appear on behalf of the
Registrant and the Contact(s); (iii) The primary
and secondary nameservers shall be those
designated by the Registrant; (iv) The original
date of registration and the expiration of each
domain name; (v) 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: (i) 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.
(ii) Email correspondence will be forwarded
according to the instructions of the Registrant as
they appear in our records. (iii) 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. (iv) 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: (i) when
required by law; (ii) in the good faith belief
that disclosure is necessary to further
determination of an alleged breach of a law; (iii)
to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims
including but not limited to ICANN's or a
Registry's dispute resolution policy; (v) to avoid
financial loss or legal liability (v) to avoid
financial loss or legal liability; (vi) 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 (vii) 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.
©Oxford University Computing Services,
August 2008
OUCS Domain Registrar
<domain-registration@oucs.ox.ac.uk>