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