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Exhibit A
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
_____________________________________, 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:
(A) The Uniform Domain Name Dispute Resolution
Policy (“Dispute Policy), available at:
http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and
Rules (“RDRP”), available at:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(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.
(A) the Eligibility Requirements (the “Eligibility
Requirements”), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution
Policy (the “ERDRP”), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution
Policy (the “UDRP”), available at:
http://www.icann.org/dndr/udrp/policy.htm.
(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:
(A) Provisional Administrative Rules for
Registration of Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration
of Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name
Registration (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
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:
English: (A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(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.
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