SCHEDULE A
IP Claim Service
Terms Of Use
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN TUCOWS, INC. (“REGISTRAR”)
AND YOU, THE OWNER OF A REGISTERED OR COMMON LAW TRADEMARK OR SERVICE MARK
(“OWNER”) OR THE DULY AUTHORIZED AGENT OF AN OWNER (“AGENT”) (COLLECTIVELY,
“YOU”).THESE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
TERMS OF USE REGARDING USE OF THE REGISTRAR’S INTELLECTUAL PROPERTY CLAIM
SERVICE (THE “SERVICE”).
BY SELECTING “I AGREE,” BY USING THE SERVICE OR BY SIGNIFYING ACCEPTANCE
IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE
SERVICE AND YOU MUST DISCONTINUE ANY FURTHER USE.
The Service. Registrarprovides the Service to holders of both registered
and common law trademarks or service marks (collectively “Trademarks”).During
the domain name application process, applicants for a .biz domain name
(“Applicants”) will be notified of an Owner’s alleged intellectual property
rights in a Trademark if the domain name contained in the domain name
application is an exact match of the Trademark identified in an IP Claim (as
defined below) submitted by Owner.You may review frequently asked questions
regarding the Service by reviewing our FAQs.
Registration, Password and Security.You must provide accurate, complete
and current registration information and must update this information
promptly if it changes.
You represent and warrant that You are at least eighteen (18) years of age
or older and are either an Owner or an Agent duly authorized to represent an
Owner(s) in connection with the Service and submitting an IP Claim on behalf
of an Owner(s).Agent will indemnify and hold harmless Registrar and its
officers, directors, employees, agents, affiliates and subcontractors for
any claims brought by Owner or Third Parties relating to the use of the
Service.
License to Use Data / Privacy. By submitting an IP Claim, You hereby
grant Registrar, as well as any of its agents or subcontractors, a limited,
royalty-free, non-exclusive worldwide license to use all of the data
contained in the IP Claim solely for the purposes of implementing the
Service, processing Your IP Claim, notifying Applicants of Your IP Claim,
and for notifying You of changes to the Service, for archival purposes.
The IP Claim Process. In order to submit a claim with respect to a
Trademark or Trademarks (“IP Claim”) through the Service, You must complete
an IP Claim form for each Trademark.For each IP Claim, You must submit
complete contact information, representative contact information and
notification details, and the details regarding the Trademark.You may
specify in the representative field that an Agent may receive legal
correspondence regarding the IP Claim.Once You have submitted an IP Claim,
you will receive a confirmation email and a claim number.You must retain the
claim number for each IP Claim You submit.
Registrar will accept IP Claims until July 9, 2001, or such later date as it
may determine in its sole discretion (“Close of Phase I”) and no IP Claims
will be accepted after that date.
From the Close of Phase I until September 25, 2001 (“Phase 2”), or such
other later date as Registrar may choose, in its sole discretion, the domain
name applications from ICANN-approved registrars (“Applications”) will be
compared with the database of IP Claims processed through the Service (“IP
Claim Database”).For each exact match between an IP Claim in the IP Claim
Database and a domain name application, the Registry Operator for .Biz
(“Registry Operator”) will notify the Applicant that a third party or third
parties have submitted an IP Claim for the exact Trademark.The email
notification to the Applicant will include, among other things, the
information provided by Owner in the IP Claim, instructions on how to
proceed with the registration process, and that if selected during the
randomized name selection phase (“Name Selection Phase”), the domain name
will be placed on a temporary thirty (30) day hold when the Registry goes “live.”The
Applicant will have the option to proceed with the Application or cancel the
Application.If the Applicant does not respond to the email notification, or
elects to cancel the Application, the Applicant’s domain name application
will not be processed during the Name Selection Phase.If the Applicant
chooses to proceed with the registration process and the name is selected
during the Name Selection Phase, that domain name automatically will be
placed on a thirty (30) day “hold period” when the name is registered.
After Name Selection, the Owner will be notified by Registry Operator if
an Applicant has successfully registered the domain name.The Owner will then
have the option of contacting the Applicant and finding a solution or using
the guidelines set forth by a special dispute resolution process called the
Start-up Trademark Opposition Policy (“STOP”)(formerly referred to as the
Start-up Dispute Resolution Policy or “SUDRP”) (“information available at
http://www.neulevel.com/countdown/stop.html, or the Uniform Domain-Name
Dispute Resolution Procedures (“UDRP”) (information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that exactly match
an IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE AWARDED THE
.BIZ EXTENSION FOR ITS TRADEMARK.AN OWNER THAT WISHES TO OBTAIN A .BIZ
EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME APPLICATION.
DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT ARE
EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM.REGISTRAR WILL
NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP CLAIM FORM CORRESPONDS WITH
AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL
OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED
BY THE SERVICE.
Conduct. You may access and use the Service for lawful purposes only and
you are solely responsible for the knowledge and adherence to any and all
laws, statutes, rules and regulations pertaining to Your use of the
Service.You agree that You will not (i)use the Service to commit a criminal
offence or to encourage conduct that would constitute a criminal offence or
give rise to a civil liability, or otherwise violate any local state,
Federal or international law or regulation; (ii)upload or otherwise transmit
any content that You do not have a right to transmit under any law or
contractual or fiduciary duty; (iii)interfere or infringe with any trademark
or proprietary rights of any other party; (iv)interfere with the ability of
other users to access or use the Service; (v)claim a relationship with or to
speak for any individual, business, association, institution or other
organization for which You are not authorized to claim such a relationship;
(vi)interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service; or (vii)reproduce,
duplicate, copy, use, distribute, sell, resell or otherwise exploit for any
commercial purposes any portion of the Service.
Fees. As consideration for the Service, You agree to pay Registrar, or
its agents or subcontractors, as the case may be, an IP Claim fee for each
IP Claim submitted through the Service by credit card through its online
payment system.Such fee shall be due immediately and is non-refundable.Registrar,
or its agents or subcontractors, may take all remedies to collect fees
owed.Registrar, or its agents or subcontractors may require you to submit
and pay for each IP Claim individually or it may allow you store up a
certain number of IP Claims before submitting them for processing.Once you
have stored that number of IP Claims, you may not be able to store any
additional IP Claims and may need to submit them for processing and pay the
applicable fee before obtaining additional storage space.No refunds are
permitted.
Agents. You agree that, if Your agent (e.g., an attorney, employee, etc.)
submits an IP Claim on Your behalf, You are nonetheless bound as a principal
by all Terms of Use herein. Your continued use of the Services shall ratify
any unauthorized actions of Your agent. By acting on Your behalf, Your agent
certifies that he or she is authorized to use the Service on Your behalf,
that he or she is authorized to bind You to these Terms of Use and that he
or she has apprised You of these Terms of Use of this Agreement.In addition,
You are responsible for any errors made by Your agent.Registrar will not
refund fees paid by You or Your agent on Your behalf for any reason,
including, but not limited to, in the event that Your agent fails to comply
with these Terms of Use, Your agent incorrectly provides information in the
IP Claim process or if Your agent changes or otherwise modifies Your IP
Claim incorrectly.
Copyright. You acknowledge that the Service, any underlying technology
used in connection with the Service, and all software, material,
information, communications, text, graphics, links, electronic art,
animations, audio, video, photos, and other data (collectively, the
“Content”) available within the Service are provided by Registrar or
third-party providers and are the copyrighted works of Registrar and/or such
third parties.Except as expressly authorized by Registrar or such third
parties in these Terms of Use or as may be posted on the Service, You may
not copy, reproduce, publish, distribute, modify, create derivative works
of, rent, lease, sell, transfer, display, transmit, compile or collect in a
database, or in any manner commercially exploit any part of the Content or
the Service, in whole or in part.You may not store any significant portion
of any Content or the Service owned by, or licensed to Registrar in any
form, whether archival files, computer-readable files, or any other
medium.You also may not “mirror” any Content or the Service on any other
server.
Registrar encourages you to download and print a reasonable number of copies
of an IP Claim for non-commercial, internal use only; provided that (i)any
permitted copies contain, in unmodified form, any copyright or other
proprietary rights notices and an original source attribution to the
Service; and (ii)no modifications are made except as may be expressly
provided by Registrar.
Links. Some links on the Service lead to sites posted by independent site
owners.Because Registrar has no control over these sites, it cannot be
responsible for such sites’ accessibility via the Internet and does not
endorse products, services, or information provided by such sites.As such,
Registrar shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with,
use or reliance on any content, goods or services available on or through
any other site.Further, the inclusion of these links does not imply that the
other sites have given permission for inclusion of these links, or that
there is any relationship between Registrar and the linked sites.
Disclaimer of Warranty, Limitation of Liability. YOU AGREE THAT YOUR
ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK.NEITHER REGISTRAR NOR
ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE
ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE.
THE SERVICE IS PROVIDED ON AN “AS IS, “AS AVAILABLE” BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
IN NO EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR
SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS
OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR
ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT
FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS,
INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS
OR SERVICES.YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT
A REASONABLE ALLOCATION OF RISK.
IN NO EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING
THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE IP CLAIM.
Indemnification. You agree to indemnify and hold harmless Registrar and
its parents, subsidiaries, shareholders, members, officers, directors,
employees, affiliates, agents and subcontractors from any claim or demand,
including reasonable attorney’s fees made by any third party due to or
arising out of Your use of the Service, your breach of these Terms of Use,
any Content submitted to the Service, or any disputes involving the
intellectual property rights of the Trademarks.
Modifications to the Service. Registrar reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice.You agree that
Registrar will not be liable to You or to any third party for any
modification, suspension, or discontinuation of the Services.
Termination. You may discontinue Your participation in and access to the
Service at any time.These Terms of Use will continue to apply to all past
use of the Service by You, even if You are no longer using the Service.You
acknowledge and agree that Registrar may terminate or block Your use of all
or part of the Service without prior notice for any reason, including,
without limitation, if Registrar believes You have engaged in conduct
prohibited by these Terms of Use.You agree that upon termination or
discontinuance for any reason, may delete all information related to You on
the Service and may bar Your access to and use of the Service.
Governing Law. These Terms of Use shall be governed by and construed in
accordance with the laws of the Province of Ontario, without regard to its
principles of conflicts of law.
Changes to the Terms of Use. Registrar reserves the right to modify the
Terms of Use at any time and from time to time.Any modifications shall be
effective upon the posting of the modified Terms of Use at http://ipclaims.neulevel.com/legal/conditions.php.You
agree to review these Terms of Use periodically so that You are aware of any
modifications.Your continued use of the Service shall be deemed Your
acceptance of the modified Terms of Use.
Severability. In the event that any provision of these Terms of Use shall
be unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not
render this Agreement unenforceable or invalid as a whole, and, in such
event, such provision shall be changed and interpreted so as to best
accomplish the objectives of such provision within the limits of applicable
law or applicable court decision.
Third Party Beneficiary. Registry Operator (“NeuLevel”) is an intended
third party beneficiary of these Term and Conditions with rights to enforce
these Terms of Use.You will cooperate in good faith with NeuLevel or
Registrar in investigating instances of non-compliance with these Terms of
Use, if NeuLevel or Registrar believes in good faith that you are not in
compliance with these Terms of Use.
Subcontractors. In the course of providing the IP Claim Service,
Registrar may retain independent contractors or assign or subcontract to or
otherwise have any third party perform any or all of the IP Claim Service at
any time, provided that Registrar shall continue to remain responsible for
full performance of any such duties to the same extent as if it had
performed the IP Claim Service itself.
Entire Agreement. These Terms of Use completely and exclusively state the
agreement of the parties regarding the subject matter, and supersede all
prior agreements and understandings, whether written or oral, with respect
to the subject matter of these Terms of Use.
Modifications to your Account. In order to change any of your account
information with Registrar, you must use the Account Identifier and Password
selected when you opened your account with Registrar.You agree to safeguard
your Account Identifier and Password from any unauthorized use.In no event
shall Registrar be liable for the unauthorized use or misuse of your Account
Identifier or Password.
Breach. You agree that failure to abide by an provision of this
Agreement, any operating rule or policy or the Dispute Policy provided by
Registrar, may be considered by Registrar to be a material breach and that
Registrar 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 Registrar, that you
have not breached your obligations under the Agreement, then Registrar may
delete the registration or reservation of your domain name.Any such breach
by you shall not be deemed to be excused simply because Registrar did not
act earlier in response to that, or any other breach by you.
No Guarantee. You acknowledge that reservation of your IP Claim name does
not confer immunity from objection to either the registration, reservation,
or use of the domain name.
Right of Refusal. Registrar, in its sole discretion, reserves the right
to refuse to register or reserve your IP Claim name or register you for
other services.You agree that Registrar shall not be liable to you for loss
or damages that may result from its refusal to register, reserve or delete
your IP Claim. Registrar reserves the right to delete or transfer your IP
Claim within a thirty (30) day period following receipt of the application
if it believes the IP Claim has been made possible by a mistake, made either
by Registrar or by a third party.
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