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SCHEDULE A (.info)
Form of Registration Agreement
AGREEMENT In this Registration Agreement ("Agreement") "you" and "your"
refer to the registrant of each domain name registration, "we", �us" and "our"
refer to TUCOWS Inc. and �Services� refers to the domain name registration provided
by us as offered through wundersolutions.com (�RSP�).This Agreement explains
our obligations to you, and explains your obligations to us for various Services.If
you are registering your name during the finite period of time when owners of
trademarks and service marks issued prior to October 2, 2000 and having national
effect will have the exclusive opportunity to register identical domain names
(�Sunrise Period�), you agree to comply with the procedures, terms and obligations.You
acknowledge and agree that registrations for domain names during the Sunrise
Period will only be accepted for a minimum registration term of five (5) years.
2.
SELECTION OF A DOMAIN NAME.You represent that, 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.
3.
FEES.As consideration for the Services you have selected, you agree to
pay the RSP the applicable service 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.
4.
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.
5.
MODIFICATIONS TO AGREEMENT.You agree that we may: (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.If you have registered
your name during the Sunrise Period, you agree to be bound by the Sunrise Dispute
Resolution Policy (�Sunrise Dispute Policy�) found at (http://www.afilias.com/faq/sunrise-challenge.html).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.
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.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.
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 Policies that are incorporated herein and made a
part of this Agreement by reference.The current version of the general registration
Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.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 Sunrise Dispute Policy or the Dispute Policy, as
applicable. 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 Sunrise Dispute Policy or Dispute Policy, as applicable.
9.
POLICY.You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to a Tucows, Registry Operator,
ICANN or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Tucows, Registry Operator, ICANN or government-adopted
policy, (1) to correct mistakes by us 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 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.
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
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.
13.
INDEMNITY.You agree to release, indemnify, and hold us, 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 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 us harmless pursuant to the terms and conditions
contained in the 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 shall be a breach of your Agreement
and may result in deactivation of your domain name.
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 user name 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. 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.
15.
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.
16.
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.
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.
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 RSP.
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, 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.
20.
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 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.
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.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.
We reserve the right to delete or transfer your domain name within a thirty
(30) day period following registration if we believe the registration has been
made possible by a mistake, made either by us or by a third party.We also reserve
the right to suspend a domain name during resolution of any dispute.
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 Policies
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 postal
service. 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, notifications must be sent to us at
[email protected], 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.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K3M1
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 ontarioand
you irrevocably consent to the jurisdiction of such courts.
INFANCY.You attest that you are of legal age to enter into this Agreement.
29.
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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