In order that a party may
hold a valid .ca domain name
registration, TUCOWS, requires that all registrants adhere to certain terms
and conditions. As an
organization or individual applying to register, transfer or renew an .ca
domain name via the agency of Denish Inc. and/or TUCOWS you
accordingly agree as follows:
1.
AGREEMENT. In this
Registration Agreement ("Agreement") ,
"we", us" and "our"
refer to TUCOWS Inc. and “Services” refers to the domain name registration,
transfer or renewal services provided by us as offered through Denish Inc.,
the Registration Service Provider (“RSP”). CIRA shall refer to the entity
granted the exclusive right to administer the registry for .ca domain name
registrations.
2.
SELECTION OF A DOMAIN NAME. 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 used infringes the legal
rights of a third party and that the domain name is not being registered for
any unlawful purpose.
3.
FEES. As consideration for the Services you have selected, you agree
to pay to us, or your respective RSP who remits payment to us on your
behalf, the applicable fees.
All fees payable hereunder are non-refundable. As further consideration for
the Services, you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration process and
(2) maintain and update this information as needed to keep it current,
complete and accurate. All such information shall be referred to as account
information ("Account Information"). You, by completing and submitting this Agreement represent that the
statements in your application are true.
4.
TERM. You agree that this Agreement will remain in full force during
the term of your domain name
registration as selected, recorded, and paid for upon registration of the
domain name. Should you choose
to renew the term of your
domain name registration, then the term of this Agreement will be extended
accordingly. Should you
transfer your domain name or should the domain name otherwise be transferred
to another Registrar, the terms and conditions of this contract shall cease
and shall be replaced by the contractual terms in force between domain name
registrants and the new Registrar.
5.
MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement. Any
such revision or change will be binding and effective immediately on posting
of the revised Agreement or change to the service(s) on our web site, or on
notification to you by e-mail or regular mail as per the Notices section of
this agreement. You agree to review our web site, including the Agreement,
periodically to be aware of any such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail or regular mail as per the Notices
section of this agreement. Notice of your termination will be effective on
receipt and processing by us. You agree that, by continuing to use the
Services following notice of any revision to this Agreement or change in
service(s), you shall abide by any such revisions or changes. You further
agree to abide by the CIRA dispute resolution policy (“Dispute Policy”) as
amended from time to time. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the Dispute Policy
become effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modifications, you may request that
your domain name be deleted from the domain name database.
6.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your account identifier and password that
you selected when you opened your account with us. Please safeguard your
account identifier and password from any unauthorized use. In no event will
we be liable for the unauthorized use or misuse of your account identifier
or password.
7.
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 the CIRA website.
Please take the time to familiarize yourself with this policy.
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 in effect at the
time of the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy.
9.
CIRA POLICY. You agree that your registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any CIRA-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with an CIRA-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.
10.
AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name registrant 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 thedomain name. You also represent that you
have provided notice of the terms and conditions in this Agreement to the
third party and that the third party agrees to the terms of Disclosure and
Use of Registration Information (sections 18 and 19 of this Agreement).
11.
ANNOUNCEMENTS. We and the RSP 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 such Service(s). We and our contractors 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 jurisdictions do not allow
the exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability resulting from,
but not limited to: (1) loss or liability resulting from access delays or
access interruptions; (2) loss or liability resulting from data non-delivery
or data 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 us, our
contractors, agents, employees,officers, directors and affiliates harmless
from all liabilities, claims and expenses,
including attorney's fees, from claims by third parties, including
but not limited to the RSP and CIRA relating to or arising under this
Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using the
Service with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any of
our operating rules or policy relating to the service(s) provided. You also
agree to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the CIRA 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
deactivation of your domain name.
14.
TRANSFER OF OWNERSHIP. Any transfer of ownership in and to
a domain name registration shall be affected in accordance with CIRA
policies and procedures.
15.
BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy, 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.
16.
NO GUARANTY. You agree that, by registration or reservation of your
chosen domain name, such registration or reservation does not confer
immunity from objection to either the registration, reservation, or use of
the domain name.
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:
(i)
Your name and postal address (or, if different, that of the domain
name holder);
(ii)
The domain name being registered;
(iii)
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain
name;
(iv)
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
(v)
The Internet Protocol number of the primary name server and secondary
name server(s) for each domain name registration and the corresponding names
of those name servers.
Any voluntary information
we request is collected such that we can continue to improve the products
and services offered to you through your RSP.
19.
DISCLOSURE AND USE OF
REGISTRATION INFORMATION. You agree and acknowledge that we will make domain
name registration information you provide available to CIRA, to the registry
administrators, and to other third parties as CIRA and applicable laws may
require or permit. 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 CIRA and the applicable laws.
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.
You
may access your domain name registration information in our possession to
review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your RSP.
We
will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
We
will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure, alteration or
destruction of that information
20.
REVOCATION. Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update information provided to
us, or your failure to respond for over fifteen calendar days to inquiries
by us concerning the accuracy of contact details associated with the your
registration shall constitute a material breach of this Agreement and be a
basis for cancellation of the domain name registration.
21.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you for
other Services within thirty (30) calendar days from receipt of your payment
for such services. In the event we do not register or reserve your domain
name or register you for other Services, or we delete your domain name or
other Services within such thirty (30) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not be liable to you
for loss or damages that may result from our refusal to register, reserve,
or delete your domain name or register you for other Services.
22.
SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable law as
nearly as possible to reflect the original intentions of the parties, and
the remaining terms and provisions will remain in full force and effect.
23.
NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy
shall be construed as creating any agency, partnership, or other form of
joint enterprise between the parties.
24.
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.
25.
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 have been given when an electronic confirmation of delivery has
been obtained by the sender. In the case of e-mail notification to us or to
the RSP to lhutz@tucows.com or
[Insert E-mail Address for RSP]
or, in the case of notice to you, at the e-mail address provided by you in
your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such
date is a business day and such delivery was made prior to 4:00 p.m. EST,
otherwise it will be deemed to have been delivered on the next business day.
In the case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given 5 business days after the date of mailing
and, in the case of notification to us or to the RSP shall be sent to:
TUCOWS
Com Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
Denish Inc.
denny@denish.com
and in
the case of notification to you shall be to the address specified in the
“Administrative Contact” in your WHOIS record.
26.
ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement and the
Dispute Policy supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
27.
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.
28.
INFANCY. You attest that you are of legal age to enter into this
Agreement.
29.
INCONSISTENCIES WITH CIRA.
In the event that this Agreement may be inconsistent with any term,
condition , policy or procedure of CIRA, the term, condition, policy or
procedure of CIRA shall prevail.
30.
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. |
