Domain Registration Agreement
1.
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
Point North Networks, Inc (DBA KickAssVPS.com), the
Registration Service Provider (“Reseller”). Any reference to
a “registry,” “Registry” or “Registry Operator” shall refer
to the registry administrator of the applicable TLD or ccTLD.
This Agreement explains our obligations to you, and explains
your obligations to us for the Services. By agreeing to the
terms and conditions set forth in this Agreement, you are
also agreeing to be bound by the rules and regulations set
forth by a registry for that particular registry only.
2.
SELECTION OF A DOMAIN NAME. You acknowledge and
agree that we cannot guarantee that you will obtain a
desired domain name registration, even if an inquiry
indicates that a domain name is available at the time of
your application for same. You represent that, to the best
of the your knowledge and belief, neither the registration
of the domain name nor the manner in which it is directly or
indirectly to be used, infringes upon the legal rights of a
third party and further, that the domain name is not being
registered for nor shall it at any time whatsoever be used
for any unlawful purpose. During the period following
registration of a domain name and the appointment of active
name servers, we may post a stagnant web page and any
revenues generated from same shall be for our own account.
3.
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.
4.
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.
5.
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.
6.
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.
7.
NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer
immunity from objection to the registration, reservation or
use of the domain name.
8.
DOMAIN NAME DISPUTES. You agree that, if the
registration or reservation of your domain name is
challenged by a third party, you will be subject to the
provisions specified in the dispute policy 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.
9.
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.
10.
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
11.
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.
12.
LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with respect to
any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid
for 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.
13.
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.
14.
TRANSFER OF OWNERSHIP. The person named as
Registrant on the Whois shall be the registered name holder.
The person named as administrative contact at the time the
controlling 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.
15.
RENEWALS AND FORFEITURE. Domain names are
registered for a finite period of time. You will receive
reminders immediately prior to the expiration of your
registration inviting you to renew your domain name. In the
event that you fail to renew your domain name in a timely
fashion, your registration will expire and we may, at our
discretion, elect to assume the registration and may hold it
for our own account, delete it or we may sell it to a third
party. You acknowledge and agree that your right and
interest in a domain name ceases upon its expiration and
that any expired domain name may be made available for
registration by a third party.
If you fail to renew your registration, your domain name may
cease to resolve and visitors to your site may be redirected
to a default page informing them that the site is no longer
in service. This parked or default page may feature
advertisements posted by us for our own account.
If we have elected to renew the registration, you will be
entitled to a grace period during which you may re-register
the domain name from us. Additional costs may apply. During
this grace period, we may post a parked page and/or may
revise the “Whois” registration records to include either
our information or that of your Reseller. The domain name
may also be listed for auction. If the name is sold during
any such auction, it will be acquired by a third party on a
provisional basis and will remain available for
re-registration by you during our stated grace period. If
you do not re-register the domain name during the grace
period, the auction sale will be concluded.
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.
16.
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.
17.
DISCLAIMER OF WARRANTIES. You agree that your use
of our Services is solely at your own risk. You agree that
such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty
that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error
free; nor do we make any warranty as to the results that may
be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through
the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of
Service is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer
system or loss of data that results from the download of
such material and/or data. We make no warranty regarding any
goods or services purchased or obtained through the Service
or any transactions entered into through the Service. No
advice or information, whether oral or written, obtained by
you from us or through the Service shall create any warranty
not expressly made herein.
18.
INFORMATION. As part of the registration process,
you are required to provide us certain information and to
update us promptly as such information changes such that our
records are current, complete and accurate. You are obliged
to provide us the following information:
| (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.
19.
DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name
registration information you provide available to ICANN, to
the registry administrators, 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. |
20.
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.
21.
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.
22.
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.
23.
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.
24.
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.
25.
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.
26.
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.
27.
INFANCY. You attest that you are of legal age to
enter into this Agreement.
28.
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.
29.
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
30.
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.
31.
TLD’S. The following additional provisions apply
to any domain names that you register through Tucows with
the various registries:
| (a) |
.com/net Domains: In the
case of a “.com” or “.net” registration, the
following terms and conditions will apply: |
| |
| (i) |
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; |
| (ii) |
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. |
|
| (b) |
.org Domains: In the case
of a “.org” registration, the following terms and
conditions will apply: |
| |
| (i) |
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; |
| (ii) |
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. |
|
| (c) |
.info Domains: In the case
of a “.info” registration, the following terms and
conditions will apply: |
| |
| (i) |
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; |
| (ii) |
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; |
| (iii) |
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; |
| (iv) |
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. |
|
| (d) |
.biz Domains. In the case
of a “.biz” registration, the following terms and
conditions will apply: |
| |
| (i) |
.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. |
| (ii) |
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. |
|
| (iii) |
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. |
|
| (iv) |
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: |
| |
|
| |
(collectively, the “Dispute
Policies”). |
| (v) |
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. |
| (vi) |
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. |
| (vii) |
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. |
|
| (e) |
.name Domains. In the case
of a “.name” registration, the following terms and
conditions will apply: |
| |
| (i) |
.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. |
| (ii) |
.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. |
|
| (iii) |
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. |
|
| (iv) |
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. |
| (v) |
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. |
| (vi) |
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. |
| (vii) |
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. |
| |
|
| (viii) |
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. |
| (ix) |
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. |
| (x) |
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. |
| (xi) |
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. |
|
32.
ccTLD’S
| (a) |
.at Domains.
In the case of a “.at” registration, the following
terms and conditions will apply: |
| |
| (i) |
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. |
|
| (b) |
.be Domains.
In the case of a “.be” registration, the following
terms and conditions will apply: |
| |
| (i) |
Registry Policy. You
acknowledge and understand that by accepting
the terms and conditions of this agreement
you shall be bound by Registry policies and
any pertinent rules or policies that exist
now or in the future and which are posted on
the Registry website at
http://www.dns.be/en/home.php?n=51. You
are responsible for monitoring the
Registry’s site on a regular basis. In the
event that you do not wish to be bound by a
revision or modification to any Registry
policy, your sole remedy is to cancel your
domain name registration by following the
appropriate Registry policy regarding such
cancellation. |
| (ii) |
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. |
|
| (c) |
.ca Domains.
In the case of a “.ca” registration, the following
terms and conditions will apply: |
| |
| (i) |
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. |
| (ii) |
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. |
| (iii) |
Transfer of Ownership. Any
transfer of ownership in and to a domain
name registration shall be affected in
accordance with registry policies and
procedures. |
| (iv) |
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. |
| (v) |
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; |
|
| (d) |
.cc Domains.
In the case of a “.cc” registration, the following
terms and conditions will apply: |
| |
| (i) |
Domain Name Dispute Policy.
If you reserved or registered a domain name
through us, or transferred a domain name to
us from another registrar, you agree to be
bound by the Dispute Policy that is
incorporated herein and made a part of this
Agreement by reference. The current version
of the Dispute Policy may be found at
http://www.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself
with this policy. |
| (ii) |
Registry Policy. You
acknowledge and understand that by accepting
the terms and conditions of this agreement
you shall be bound by Registry policies and
any pertinent rules or policies that exist
now or in the future and which are posted on
the Registry website at:
http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the
Registry’s site on a regular basis. In the
event that you do not wish to be bound by a
revision or modification to any Registry
policy, your sole remedy is to cancel your
domain name registration by following the
appropriate Registry policy regarding such
cancellation.
|
|
| (e) |
.ch Domains.
In the case of a “.ch” registration, the following
terms and conditions shall apply: |
| |
| (i) |
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. |
| (ii) |
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.
|
|
| (f) |
.cn Domains.
In the case of a “.cn” registration, the following
terms and conditions shall apply: |
| |
| (i) |
“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; |
| (ii) |
“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; |
| (iii) |
“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. |
| (iv) |
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. |
|
| (v) |
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. |
| (vi) |
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. |
| (vii) |
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. |
| (viii) |
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. |
| (ix) |
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: |
| |
|
| |
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. |
| (x) |
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. |
| (xi) |
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. |
| (xii) |
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. |
|
| (g) |
.de Domains.
In the case of a “.de” registration, the following
terms and conditions will apply: |
| |
| (i) |
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. |
|
| (ii) |
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. |
| (iii) |
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: |
| |
|
|
| (h) |
.eu domains.
In the case of a “.eu” registration, the following
terms and conditions will apply: |
| |
| (i) |
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.
|
|
| (ii) |
Registry Policy. You
acknowledge and understand that by accepting
the terms and conditions of this agreement
you shall be bound by Registry policies and
any pertinent rules or policies that exist
now or in the future and which are posted on
the Registry website. Registration policies
of the Registry and the terms and conditions
applicable to your .eu registration may be
found at:
http://www.eurid.eu/en/general/launch.
You are responsible for monitoring the
Registry’s site on a regular basis. In the
event that you do not wish to be bound by a
revision or modification to any Registry
policy, your sole remedy is to cancel your
domain name registration by following the
appropriate Registry policy regarding such
cancellation. |
| (iii) |
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. |
|
| (i) |
.fr Domains.
In the case of a “.fr” registration, the following
terms and conditions will apply: |
| |
| (i) |
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. |
|
| (ii) |
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. |
| (iii) |
Registry Policies.
You agree to be bound by the
Registry’s Naming Charter, its
registration rules for .fr. English
language translations of the
Registry’s documents are provided
for convenience. The Registry
documents may be found at:
www.afnic.fr/obtenir/chartes/nommage-fr. |
| (iv) |
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. |
|
| (j) |
.it Domains. In the
case of a “it” registration, the following
terms and conditions shall apply: |
| |
| (i) |
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. |
| (ii) |
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. |
|
| (k) |
.nl Domains. In the
case of a “.nl” registration, the following
terms and conditions shall apply: |
| |
| (i) |
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. |
| (ii) |
Registry Policies.
You agree to be bound by the
policies of the Registry including
but not limited to the Registry’s
Registration Regulations. English
language translations of the
Registry’s documents are provided
for convenience and may be found at:
http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
You agree that, if the registration
or reservation of your domain name
is challenged by a third party, you
will be subject to the provisions
specified by the Registry or any
court of law. The current .nl
dispute resolution policy and
procedures can be found at
http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
You agree that in the event a domain
name dispute arises with any third
party, you will indemnify and hold
us harmless pursuant to the terms
and conditions specified by the
Registry or any court of law.
|
|
| (l) |
.tv Domains. In the
case of a “.tv” registration, the following
terms and conditions will apply: |
| |
| (i) |
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. |
| (ii) |
Policy . You agree
that your registration of the .tv
domain name shall be subject to
suspension, cancellation, or
transfer pursuant to any ICANN or
government adopted policy, or
pursuant to any Registrar or
registry procedure not inconsistent
with an ICANN or government-adopted
policy, (1) to correct mistakes by
us or the applicable Registry in
registering the name or (2) for the
resolution of disputes concerning
the domain name. You acknowledge
that you have reviewed the .tv
General Terms of Service which may
be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms
outlined therein.
|
|
| (m) |
.uk Domains. In the
case of a .uk registration, the following
terms and conditions will apply: |
| |
| (i) |
“Nominet UK” means
the entity granted the exclusive
right to administer the registry for
.uk domain name registrations. |
| (ii) |
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. |
| (iii) |
Nominet UK Policy.
You agree that your registration of
the domain name shall be subject to
suspension, cancellation, or
transfer pursuant to any Nominet
UK-adopted policy, term or
condition, or pursuant to any
registrar or registry procedure not
inconsistent with an Nominet
UK-adopted policy, (1) to correct
mistakes by a registrar or the
registry in registering the name, or
(2) for the resolution of disputes
concerning the domain name. The
current Nominet UK terms and
conditions can be found at:
http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a
domain name registration with Tucows
and/or Reseller, you will be
entering into two contracts – one
contract with Tucows and/or Reseller
and one contract with Nominet UK.
Tucows and your Reseller will act as
agents on your behalf by submitting
your application to Nominet for you,
however, you will still be entering
into a direct contract between you
and Nominet UK. This is a separate
contract from this agreement; may be
found at
http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make
you aware that by accepting
Nominet’s terms and conditions you
are consenting to Nominet using your
personal data for a variety of
reasons. In particular, your name
and address may be published as part
of Nominet’s Whois look-up service.
|
| (iv) |
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. |
|
| (n) |
.us Domains. In the
case of a “.us” registration, the following
terms and conditions will apply: |
| |
| (i) |
“DOC” means the
United States of America Department
of Commerce. |
| (ii) |
“.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. |
| (iii) |
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; |
|
(E) |
You have the
authority to enter into this
Registration Agreement. |
|
| (iv) |
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. |
| (v) |
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. |
|
| (vi) |
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.
|
| (vii) |
Indemnity. The DOC
shall be added to the parties you
have agreed to indemnify in Section
13 hereinabove. |
| (viii) |
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;
|
|
| (ix) |
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. |
| (x) |
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.
|
33. WHOIS PRIVACY SERVICE. The following
terms and conditions will apply if you subscribe to
the Whois Privacy Service:
| (a) |
Subscribers to the Whois
Privacy Service have elected to include the
following information in the publicly
available Whois Registry: |
| |
| (i) |
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. |
|
| (b) |
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. |
| (c) |
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. |
| (d) |
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. |
| (e) |
We will send all obligatory
renewal and transfer related messages to the
Contacts you have designated. |
| (f) |
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. |
|
| (g) |
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. |
|
| (h) |
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. |
What our customers are saying...
Follow us on