SCHEDULE
A
Form
of Registration Agreement
1. AGREEMENT.
In this Registration Agreement ("Agreement") "you"
and "your" refer to the registrant of each domain name registration,
"we", us" and "our" refer to TUCOWS Inc.
and Services refers to the domain name registration provided
by us as offered through GlobalMAX Business Services, Inc. (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 countrys 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 at the time
the user name and password are secured shall be the owner of the domain
name. You agree that prior to transferring ownership of your domain
name to another person (the Transferee") you shall require the
Transferee to agree in writing to be bound by all the terms and conditions
of this Agreement. Your domain name will not be transferred until we
receive such written assurances or other reasonable assurance that the
Transferee has been bound by the contractual terms of this Agreement
(such reasonable assurance as determined by us in our sole discretion)
along with the applicable transfer fee. If the Transferee fails to be
bound in a reasonable fashion (as determine by us in our sole discretion)
to the terms and conditions in this Agreement, any such transfer will
be null and void. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the registration
of your domain name.
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
your failure to respond for over fifteen (15) calendar days to inquiries
by us concerning the accuracy of contact details associated with the
your registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name registration.
21.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right
to refuse to register or reserve your chosen domain name or register
you for other Services. 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 lhutz@tucows.com,
or in the case of notification to you, to the e-mail address provided
by you in your WHOIS record. Any e-mail communication shall be deemed
to have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to 4:00
p.m. EST, otherwise it will be deemed to have been delivered on the
next business day. In the case of regular mail notice, valid notice
shall be deemed to have been validly and effectively given 5 business
days after the date of mailing and, in the case of notification to us
or to RSP shall be sent to:
Our
Address:
TUCOWS
Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified
in the Administrative Contact in your WHOIS record.
26.
ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
27.
GOVERNING LAW. This Agreement shall be governed by and interpreted
and enforced in accordance with the LAWS OF Province of ontario and
the FEDERAL LAWS OF canada applicable therein without reference to rules
governing choice of laws. Any action relating to this Agreement must
be brought in ontario and you irrevocably consent to the jurisdiction
of such courts.
28.
INFANCY. You attest that you are of legal age to enter into this
Agreement.
29.
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.