SCHEDULE A
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refer to the registrant of each domain name
registration and/or recipient of email forwarding services, "we", "us" and
"our" refer to TUCOWS Inc., "Registry Operator" refers to The Global Name
Registry Ltd. and "Services" refers to the domain name registration and
email forwarding provided by us as offered through
Denish Inc.,
("RSP"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
2. .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.
3. .name REPRESENTATIONS. As a .name domain name
Registrant, you hereby represent that:
(i) the registered domain name or second level domain ("SLD") email
address is your Personal Name.
(ii) the data provided in the domain name registration application is
true, correct, up to date and complete and that you will continue to keep
all of the information provided correct, current and complete,
(iii) to the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is directly or
indirectly to be used infringes upon the legal rights of a third party;
(iv) that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever;
(v) the registration satisfies the Eligibility Requirements found at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and
(vi) you have the authority to enter into this Registration Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services for which you have registered may, at your option,
include email forwarding. To the extent you opt to use email forwarding,
you are obliged to do so in accordance with all applicable legislation and
are responsible for all use of email forwarding, including the content of
messages sent through email forwarding.
(ii) You undertake to familiarize yourself with the content of and to
comply with the generally accepted rules for Internet and email usage.
This includes, but is not limited to the Acceptable Use Policy, available
at http://www.theglobalname.org/
as well as the following restrictions. Without prejudice to the foregoing,
you undertake not to use email forwarding:
(a) to encourage, allow or participate in any form of illegal or
unsuitable activity, including but not restricted to the exchange of
threatening, obscene or offensive messages, spreading computer viruses,
breach of copyright and/or proprietary rights or publishing defamatory
material;
(b) to gain illegal access to systems or networks by unauthorized access
to or use of the data in systems or networks, including all attempts at
guessing passwords, checking or testing the vulnerability of a system or
network or breaching the security or access control without the sufficient
approval of the owner of the system or network;
(c) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial of
Service (DoS) attacks, wilful attempts to overload another system or other
forms of harassment; or
(d) for spamming, which includes, but is not restricted to, the mass
mailing of unsolicited email, junk mail, the use of distribution lists
(mailing lists) which include persons who have not specifically given
their consent to be placed on such distribution list. Users are not
permitted to provide false names or in any other way to pose as somebody
else when using email forwarding.
(iii) Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a history of
abuse from entering Registry Operator's email forwarding. However, due to
the nature of such systems, which actively block messages, Registry
Operator shall make public any decision to implement such systems a
reasonable time in advance, so as to allow you or us to give feedback on
the decision.
(iv) You understand and agree that Registry Operator may delete material
that does not conform to clause (c) above or that in some other way
constitutes a misuse of email forwarding. You further understand and agree
that Registry Operator is at liberty to block your access to email
forwarding if you use email forwarding in a way that contravenes this
Agreement. You will be given prior warning of discontinuation of the email
forwarding unless it would damage the reputation of Registry Operator or
jeopardize the security of Registry Operator or others to do so. Registry
Operator reserves the right to immediately discontinue email forwarding
without notice if the technical stability of email forwarding is
threatened in any way, or if you are in breach of this Agreement. On
discontinuing email forwarding, Registry Operator is not obliged to store
any contents or to forward unsent email to you or a third party.
(v) You understand and agree that to the extent either we and/or Registry
Operator is required by law to disclose certain information or material in
connection with your email forwarding, either we and/or Registry Operator
will do so in accordance with such requirement and without notice to you.
5. FEES. As consideration for the Services you have
selected, you agree to pay the RSP the applicable service(s) fees. All
fees payable hereunder are non-refundable. As further consideration for
the Services, you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration process and
(2) maintain and update this information as needed to keep it current,
complete and accurate. All such information shall be referred to as
account information ("Account Information"). By submitting this Agreement,
you represent that the statements in your Application are true, complete
and accurate.
6. TERM. This Agreement shall remain in full force
during the length of the term of your domain name registration(s) as
selected, recorded, and paid for upon registration of the domain name.
Should you choose to renew or otherwise lengthen the term of your domain
name registration, then the term of this Registration Agreement shall be
extended accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall cease.
7. MODIFICATIONS TO AGREEMENT. You agree that we may
in our sole discretion: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement. You
agree to be bound by any such revision or change will which shall be
effective immediately upon posting on our web site or upon notification to
you by e-mail or your country's postal service pursuant to the Notices
section of this Agreement. You agree to review this Agreement as posted on
our web site periodically to maintain an awareness of any and all such
revisions. If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice by e-mail
or postal service pursuant to the Notices section of this Agreement.
Notice of your termination shall be effective after processing by us. You
agree that, by continuing the use of Services following notice of any
revision to this Agreement or change in service(s), you shall be bound by
any such revisions and changes. You further agree to be bound by the ICANN
Uniform Dispute Resolution Policy ("Dispute Policy") as presently written
and posted on
http://www.opensrs.org/legal/udrp.shtml and as shall be amended from
time to time. You acknowledge that if you do not agree to any such
modifications, you may request that your domain name be deleted from the
domain name database. We will not refund any fees paid by you if you
terminate your agreement with us.
8. MODIFICATIONS TO YOUR ACCOUNT. In order to change
any of your account information with us, you must use your Account
Identifier and Password that you selected when you opened your account
with us. You agree to safeguard your Account Identifier and Password from
any unauthorized use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password. You will not be able
to transfer your domain name during the first sixty (60) days following
registration of the domain name with us. Beginning on the sixty-first
(61st) day following the registration, the policies set forth at:
http://www.opensrs.org/dotname_info.shtml shall apply.
9. DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or transferred a domain name to us
from another registrar, you agree to be bound by the Dispute Policy that
is incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at
http://www.opensrs.org/legal/udrp.shtml. Please take the time to
familiarize yourself with this policy. In addition, you hereby acknowledge
that you have read and understood and agree to be bound by the terms and
conditions of the following documents, as they may be amended from time to
time, which are hereby incorporated and made an integral part of this
Agreement.
(i) the Eligibility Requirements (the "Eligibility Requirements"),
available at
http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at
http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a
dispute resolution proceeding or during the landrush procedures in
connection with the opening of the Registry TLD. The following categories
of Personal Name Registrations may be registered: (i) the Personal Name of
an individual; (ii) the Personal Name of a fictional character, if you
have trademark or service make rights in that character's Personal Name;
(iii) in addition to a Personal Name registration, you may add numeric
characters to the beginning or the end of the Personal Name so as to
differentiate it from other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and SLD
email address registrations within .name on the grounds that a Registrant
does not meet the Eligibility Requirements, and (ii) to Defensive
Registrations (as defined by the Registry Operator) within .name.
The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than Global Name Registry ("Registry
Operator") or Registrar over the registration and use of an Internet
domain name registered by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You
agree that we, in our sole discretion, may modify our dispute policy. We
will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining
the reservation or registration of your domain name or SLD email address
after modifications to the dispute policy become effective, you have
agreed to these modifications. You acknowledge that if you do not agree to
any such modification, you may terminate this Agreement. We will not
refund any fees paid by you if you terminate your Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that, if your use
of our domain name registration services is challenged by a third party,
you will be subject to the provisions specified in our dispute policy in
effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions set forth below in this
agreement. If we are notified that a complaint has been filed with a
judicial or administrative body regarding your use of our domain name
registration services, you agree not to make any changes to your domain
name record without our prior approval. We may not allow you to make
changes to such domain name record until (i) we are directed to do so by
the judicial or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use of our domain
name registration services that the dispute has been settled. Furthermore,
you agree that if you are subject to litigation regarding your
registration and use of our domain name registration services, we may
deposit control of your domain name record into the Registry of the
judicial body by supplying a party with a Registrar certificate from us.
12. POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, ICANN or government-adopted
policy, or pursuant to any registrar or registry procedure not
inconsistent with an ICANN or government-adopted policy, (1) to correct
mistakes by us or the applicable Registry in registering the name or (2)
for the resolution of disputes concerning the domain name.
13. AGENCY. Should you intend to license use of a
domain name to a third party you shall nonetheless be the domain name
holder of record and are therefore responsible for providing your own full
contact information and for providing and updating accurate technical and
administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain name.
You shall accept liability for harm caused by wrongful use of the domain
name. You represent that you have provided notice of the terms and
conditions in this Agreement to a third party licensee and that the third
party agrees to the terms hereof.
14. 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.
15. LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of this Agreement
is solely limited to the amount you paid for such Service(s). Neither we
nor our contractors or third party beneficiaries shall be liable for any
direct, indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the Services or for the cost of
procurement of substitute services. Because some jurisdictions do not
allow the exclusion or limitation of liability for consequential or
incidental damages, in such jurisdictions, our liability is limited to the
extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability resulting from
access delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data miss-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your account identifier or password; (5)
loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6)
loss or liability resulting from the interruption of your Service. You
agree that we will not be liable for any loss of registration and use of
your domain name, or for interruption of business, or any indirect,
special, incidental, or consequential damages of any kind (including lost
profits) regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been advised of the
possibility of such damages. In no event shall our maximum liability
exceed five hundred ($500.00) dollars.
You agree that neither we nor the Registry Operator will have any
liability of any kind for any loss or liability resulting from (i) the
processing of registration requests prior to live SRS launch, including,
without limitation, your ability or inability to obtain a .name domain
name or SLD email address registration using these processes; or (ii) any
dispute over any .name domain name, SLD email address, Defensive
Registration or NameWatch Registration (as defined by the Registry
Operator), including the decision of any dispute resolution proceeding
related to any of the foregoing.
16. INDEMNITY. You agree to release, indemnify, and
hold us, the Registry Operator, our contractors, agents, employees,
officers, directors, affiliates and third party beneficiaries harmless
from all liabilities, claims and expenses, including attorney's fees, of
third parties relating to or arising out of or relating to the domain name
registered under this Agreement, the Services provided hereunder or your
use of the Services, including without limitation infringement by you, or
someone else using the Service of any intellectual property or other
proprietary right of any person or entity, or from the violation of any of
our operating rules or policy relating to the Service(s) provided. You
also agree to release, indemnify and hold both us and the Registry
Operator harmless pursuant to the terms and conditions contained in the
Dispute Policies. When we are threatened with suit by a third party, we
may seek written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances shall be a breach of your
Agreement and may result in deactivation of your domain name. This
indemnification obligation will survive the termination or expiration of
this Agreement.
17. TRANSFER OF OWNERSHIP. The person named as
Registrant at the time the user name and password are secured shall be the
owner of the domain name. You agree that prior to transferring ownership
of your domain name to another person (the Transferee") you shall require
the Transferee to agree in writing to be bound by all the terms and
conditions of this Agreement. Your domain name will not be transferred
until we receive such written assurances or other reasonable assurance
that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our sole
discretion) along with the applicable transfer fee. If the Transferee
fails to be bound in a reasonable fashion (as determine by us in our sole
discretion) to the terms and conditions in this Agreement, any such
transfer will be null and void. You acknowledge that you will not be
entitled to change registrars during the first sixty (60) days following
the registration of your domain name.
18. BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy or the Dispute
Policy provided by us, may be considered by us to be a material breach and
that we may provide a written notice, describing the breach, to you. If
you fail to provide evidence, which is reasonably satisfactory to us, that
you have not breached your obligations under the Agreement, then we may
delete the registration or reservation of your domain name. Any such
breach by you shall not be deemed to be excused simply because we did not
act earlier in response to that, or any other breach by you.
19. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer immunity from
objection to either the registration, reservation, or use of the domain
name.
20. 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.
21. INFORMATION. As part of the registration process,
you are required to provide us certain information and to update us
promptly as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following
information:
(i) Your full name, postal address, e-mail address and voice telephone
number and fax number (if available) (or, if different, that of the domain
name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice telephone number
and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the domain
name;
(iv) The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data will be
publicly available and accessible on the Whois directory as required by
ICANN and may be sold in bulk in accordance with ICANN policy. You further
understand and agree that the foregoing registration data may be
transferred internationally.
22. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry
administrators, and to other third parties as applicable. You further
agree and acknowledge that we may make publicly available, or directly
available to third party vendors, some, or all, of the domain name
registration information you provide, for purposes of inspection (such as
through our WHOIS service) or other purposes as required or permitted by
ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after the
term of your registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising from such
disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain
manager service, or similar service, made available by us through your RSP.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes and
other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain
from you from our loss, misuse, unauthorized accessor disclosure,
alteration or destruction of that information.
23. REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to inquiries by us
addressed to the email address of the registrant, the administrative,
billing or technical contact appearing in the "Whois" directory with
respect to a domain name concerning the accuracy of contact details
associated with the your registration shall constitute a material breach
of this Agreement and be a basis for cancellation of the domain name
registration. Any information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used in connection
with the registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the ICANN Agreement or an ICANN/Registry
Operator policy.
24. RIGHT OF REFUSAL. We, and/or Registry Operator,
in our sole discretion, reserve the right to refuse to register or reserve
your chosen domain name or register you for other Services, to protect the
integrity and stability of the Registry, to comply with any applicable
laws, government rules or requirements, requests of law enforcement, in
compliance with the dispute resolution process, or to avoid any liability,
civil or criminal, on our part and/or that of the Registry Operator, as
well as our affiliates, subsidiaries, officers, directors and employees.
We and the Registry Operator reserve the right to suspend a domain name
during the resolution of a dispute.
In the event we do not register or reserve your domain name or register
you for other Services, or we delete your domain name or other Services
within a thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to you for loss
or damages that may result from our refusal to register, reserve, or
delete your domain name or register you for other Services.
25. We reserve the right to delete or transfer your
domain name following registration if we believe the registration has been
made possible by a mistake, made either by us or by a third party.
26. 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.
27. NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
28. 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.
29. NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing and given by
sending it via e-mail or via postal service. In the case of e-mail, valid
notice shall only have been deemed to be given when an electronic
confirmation of delivery has been obtained by the sender. In the case of
e-mail, notifications must be sent to us at
lhutz@tucows.com, or in the case of
notification to you, to the e-mail address provided by you in your WHOIS
record. Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date is a
business day and such delivery was made prior to 4:00 p.m. EST, otherwise
it will be deemed to have been delivered on the next business day. In the
case of regular mail notice, valid notice shall be deemed to have been
validly and effectively given 5 business days after the date of mailing
and, in the case of notification to us or to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
- 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
30. ENTIRETY. You agree that this Agreement, the
rules and policies published by Tucows, ICANN and/or the Registry Operator
and the Dispute Policy are the complete and exclusive agreement between
you and us regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established by
custom, practice, policy or precedent.
31. 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.
32. INFANCY. You attest that you are of legal age to
enter into this Agreement.
33. 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.
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