Ion Web Services Web Hosting
Policies and Service Agreement:
All customers must abide
by the following Terms and Conditions of service:
Ion Web Services WEB HOSTING
SERVICE AGREEMENT
This Web Hosting Agreement
(this "Agreement") sets forth the terms and
conditions of your use of Ion Web Services for web hosting.
You certify that you are at least 18 years of age. To
become our account holder, you must read and agree to
be bound by all terms and conditions of this Agreement,
the fee schedules on the Online Order forms and any policies
that are or may be published by us. This Agreement will
become effective when any account order is placed and
accepted, and is accepted all users upon account signup.
By posting notice 30 days in advance at a page available
on our web site we may modify the terms and conditions
of this Agreement or the prices of its services, as well
as discontinue or change the services offered. During
this 30 day period you have the option to discontinue
your account if you do not agree with any new policies.
You will be bound by the modified Agreement, prices and/or
policies if you continue to use the services.
1. Scope of Services and
Your Obligations
1.1. This Agreement defines
the terms and conditions of our services as offered by
Ion Web Services and used by you, including the provision
of web hosting services on our servers and connectivity
to the Internet (the "Services"). Domain registration
agreements are available on our site. We will provide
the Services for the amount of server storage space selected
in exchange for payment of fees and full compliance with
the terms and conditions of this Agreement. In performing
the Services, we maintain control and ownership of any
and all Internet protocol ("IP") numbers and
addresses that may be assigned to you and reserves the
right to change or remove any and all IP numbers and addresses
at its sole discretion.
1.2. As part of the Services,
we will also provide your own web-based control panel
(the "Control Panel") containing links to your
payment history, summaries of the Services you have chosen,
newsletters and other current information.
1.3. You are responsible
for producing, electronically uploading and maintaining
HTML files, execution scripts, applets and applications
(the "Upload Materials") to your website, and
you hereby warrant that all Upload Materials shall be
owned or properly licensed by you and shall not adversely
impact the Services or violate any rights of any third
parties. You are responsible for ensuring that all Upload
Materials will function properly and as intended. You
are responsible for all activity originating from your
website, unless proven to be a victim of outside hacking
or address forgery. You assume responsibility for all
material on your website that may be put on by a third
party (such as the message forums, file uploads, etc).
Use of our Services requires a certain level of knowledge
in the use of Internet languages, protocols, and software,
which can vary depending on your anticipated use and desired
content of your website, and includes, but is not limited
to, the following: web publishing requires knowledge of
HTML, properly locating and linking documents, FTPing
web contents, graphics, text, sound, image mapping, etc.;
FrontPage web publishing requires knowledge of the FrontPage
tools as well as FTP understanding and capability; CGI-scripts
requires knowledge of the UNIX environment, tar &
gunzip commands, Perl, php, CShell scripts, permissions,
etc.; and mail requires knowledge of use of mail clients
to receive and send mail, setup, etc. You acknowledge
that you have the necessary knowledge to create, modify
and maintain your website. While we will make every attempt
to assist you, we assume no responsibility to provide
you with such knowledge.
1.4. In connection with
the Services, we may provide for your use certain tools
and software, including, but not limited to, certain specialty
scripting software and/or certain programming language
software for designing websites (collectively, the "Tools").
Access to these Tools may be accessed via your Control
Panel. To the extent that such Tools are provided to you,
you are granted a nonexclusive, nontransferable license
to use the Tools in object-code form only for your internal
use, solely in connection with the Services provided under
this Agreement.
1.5. We reserve the right
to monitor our systems electronically and to access and
disclose any information as permitted or required by any
law, regulation or other governmental request to operate
its systems properly, to protect itself or its accountholders
or for any other reason it in good faith deems necessary.
We will fully cooperate with law enforcement authorities
in investigating suspected lawbreakers and reserves the
right to report to law enforcement any suspected illegal
activity it becomes aware of. It is not our intention
that our Services or facilities be used in contravention
of the Communications Decency Act of 1996 (the "CDA")
or any other applicable law.
1.6. You agree to comply
with the requirements of the CDA and the Digital Millennium
Copyright Act (the "DMCA") and acknowledge that
we are a "service provider" under the DMCA and
are therefore immune from liability under the DMCA, including
17 U.S.C. § 512. Consistent with the DMCA, we will
accommodate standard technical measures used to identify
and protect copyrighted works, and, as further described
herein, we have a policy of terminating accountholders
who are copyright infringers.
1.7. Websites are unmodified
forums containing the personal opinions and other expressions
of the persons who post entries on a wide range of topics.
Neither the content of websites located on our servers
nor the links to other websites are screened, approved,
reviewed or endorsed.. We are not a publisher of any of
the content of websites, or of any content that may be
available through the links to and from them, and is acting
solely as an Internet web-hosting service provider. The
text and other material on such websites are the opinion
of the specific author and are not our statements of advice,
opinion or information.
2. Limited Warranty; Limitation
of Liability; Indemnification
2.1. Limited Warranty. You
acknowledge that the Services are provided "as is."
Neither we, nor any of our employees or agents, warrants
that the Services will be uninterrupted, error free or
free from viruses or other harmful components. We are
not responsible for and hereby disclaims any warranties,
either expressed or implied, regarding the quality, accuracy,
or validity of the data and/or completeness, noninfringement,
merchantability or fitness for a particular purpose of
information available on its servers or residing on or
passing through its interconnecting networks. Use of information
obtained from or through the Services is at your risk.
Under no circumstances will we be liable to you or any
other person for any loss or damage caused by your reliance
on information available on its servers or obtained through
the Services.
2.2. Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION
OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO
USE OUR SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY
OF OUR SERVERS), 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
THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING
THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE
STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW.
2.3. Indemnification. You
agree to indemnify, defend and hold us and our affiliates,
directors, officers, employees and agents harmless from
and against any liabilities, losses, damages or costs,
including reasonable attorneys' fees, resulting from any
third-party claim, action, dispute or demand related to
your use of the Services, your violation of any of the
provisions of this Agreement or from your placement or
transmission of any materials or content onto our servers.
Such liabilities may include, but are not limited to,
those arising from the following: (a) with respect to
your business, (i) infringement or misappropriation of
any intellectual property rights; (ii) defamation, libel,
slander, obscenity, or violation of the rights of privacy
or publicity; or (iii) spamming, or any other offensive,
harassing or illegal conduct or violation of the acceptable
uses described herein or anti-spam policy; (b) any damage
or destruction to our equipment or to any other accountholder,
which damage is caused by or otherwise results from acts
or omissions by you, your representative(s) or your designees;
(c) any personal injury or property damage arising out
of your activities related to the Services, unless such
injury or property damage is caused solely by our gross
negligence or willful misconduct; and (d) any other damage
arising from your equipment or your business.
3. Payment of Fees
3.1. We will publish a notice
of fee increases 30 days before such increases take effect
on the web site.
3.2. You agree to provide
us with accurate and complete billing information, including
your legal name, address, telephone number, e-mail address
and applicable payment date and to update this information
immediately if any change occurs. You must secure your
account with a valid credit card. Payments must be submitted
in advance of receiving the Services.
3.3. You acknowledge responsibility
for your account until payment in full is made.
4. Acceptable Uses
4.1. Use and Misuse of the
Services. All complaints of abuse, violation and misuse
of the Services, whether described in this Section 4 or
otherwise, shall be investigated promptly. If you are
not sure if your actions will be an abuse, violation or
misuse, please ask first.
You are responsible for
all use of your website, with or without your knowledge
or consent.
You agree to use the Services
only for lawful purposes, in compliance with all applicable
laws. Illegality includes, but is not limited to, drug
dealing; attempting without authorization to access a
computer system; pirating (distributing copyrighted material
in violation of copyright law, specifically MP3s, MPEGs,
ROMs, and ROM emulators); gambling; schemes to defraud;
trafficking in obscene material; sending a message or
having content that is obscene, lewd, lascivious, filthy,
or indecent with intent to annoy, abuse, threaten, or
harass another person; threatening bodily harm or damage
to individuals or groups; violating U.S. export restrictions;
stalking; or violating other state or federal law, such
as the Electronic Communications Privacy Act, the Computer
Fraud and Abuse Act, or the Economic Espionage Act. Linking
to illegal material is also prohibited.
When we becomes aware of
possible violations of this Agreement, we may initiate
an investigation that may include gathering information
from you and the complaining party, if any, and examination
of material on our servers. We in our sole discretion,
will determine what action will be taken in response to
a violation on a case-by-case basis. Violations of this
Agreement could subject you to criminal or civil liability.
BY ACCEPTING THIS AGREEMENT,
YOU AGREE TO WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS
RELATING TO ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION
OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT
OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS
OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY
DAMAGES WHATSOEVER FROM US AS A RESULT OF OUR DECISION
TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND
OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING
THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT
OF OUR CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS
WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
4.2. Use and Misuse of Materials.
Materials in the public domain (e.g., images, text, and
programs) may be downloaded or uploaded using the Services.
You may also re-distribute materials in the public domain.
You assume all risks regarding the determination of whether
the material is in the public domain.
You are prohibited from
storing, distributing or transmitting any unlawful material
through the Services. Examples of unlawful material include,
but are not limited to, threats of physical harm, child
pornography, and copyrighted, trademarked and other proprietary
material used without proper authorization. You may not
post, upload or otherwise distribute copyrighted material
on our servers without the consent of the copyright holder.
Unacceptable uses of website
content also include the presence of the following programs
or the activities associated with them, regardless of
whether or not any actual intrusion results in the corruption
or loss of data: server broadcast messages or any message
sent on an intrusive basis to any directly or indirectly
attached network; attempts to circumvent any user authentication
or security of host, network, or account; accessing data
not intended for user; probing the security of any network;
spawning dozens of processes; port scans, ping floods,
packet spoofing, and forging router information; denial
of service attacks, sniffers, flooding, spoofing, ping
bombing, smurfs, winnuke, land and teardrop; promulgation
of viruses; and IRC bots, such as eggdrop or BitchX.
We support free speech on
the Internet and will not suspend or cancel your account
simply because it disagrees with your views expressed
at your website. However, examples of unacceptable activities
include posting private information about a person without
his or her consent, defaming a person or business, and
knowingly making available code that will have a deleterious
effect on third-party computers. Where there are allegations
that your on-line activity has violated the legal rights
of a third party, we will not substitute itself for a
court of law in deciding tort claims raised by the third
party.
4.3. Email Use. Unacceptable
affronts to netiquette and unacceptable activities include,
but are not limited to, the following: spamming (sending
unsolicited advertising to those with which you have no
existing business relationship and posting off-topic advertising
in newsgroups); spoofing (using a return email address
that is not the valid reply address of the sender or sending
an email message that does not contain enough information
to enable the recipient to identify you); passive spamming
(promoting a website hosted by us by spamming from some
other source); trolling (posting controversial messages
in newsgroups to generate responses); mailbombing (inundating
a user with email without any serious intent to correspond
or sending large or multiple files to a user); generating
a higher volume of outgoing mail than a normal user (over
10% of available system resources); propagating chain
letters; and subscribing someone else to an electronic
mailing list without that person's permission. A message
is considered unsolicited if it is posted in violation
of a newsgroup charter or sent to a recipient who has
not requested the message. Making an email address available
to the public does not constitute a request to receive
messages. Distribution of mass emailing programs is also
prohibited. All recipients on a mailing list must have
personally subscribed. Mailing lists may not be used to
distribute unsolicited email. If you are repeatedly mailbombed
or attract such behavior, the Services will be terminated.
You should not send email
to any user who does not wish to receive it, either here
or elsewhere. We recognize
that email is an informal
medium; however, you must refrain from sending further
email to a user after receiving a request to stop.
You may not alter the headers
of email messages to disguise their identity or to prevent
users from responding to the messages. We may disclose
the usernames of accounts responsible for forged email
messages to system administrators or users requesting
the information.
Violations of our policies
outlined herein can sometimes result in massive numbers
of email responses. If you receive so much email that
our resources are affected, our staff may shut down your
mailbox.
4.4. System Security. You
are prohibited from utilizing the Services to compromise
the security of system resources or accounts on our servers
or at any other site. Use or distribution of tools designed
for compromising security or containing viruses or trojans
are prohibited. Examples of these tools include, but are
not limited to, password guessing programs, cracking tools
or network probing tools.
If you are involved in violations
of system security, we reserve the right to release all
usernames of users involved in such violations to system
administrators at other sites in order to assist them
in resolving security incidents. We will also fully cooperate
with law enforcement authorities in investigating suspected
lawbreakers.
4.5. System Resources. System
abuse includes any use of our resources that disrupts
the normal use of its servers or services for others.
Examples of system abuse include running excessive numbers
of processes or consuming excessive amounts of CPU time,
memory or disk space.
Any usage of 10% or more
of our system resources is an undue burden on our system
and is unacceptable. If your usage ever exceeds 10% of
system resources, your account may be terminated immediately
and without prior notice.
Further, running programs
in the background on one of our servers without our prior
written authorization, or running chat rooms, Internet
Relay Chat, IRC bots, more then 1,000 emails a day and
the like are not acceptable uses of our servers.
5. Right to Terminate Agreement
(a) We reserve the right
to suspend or terminate the Services to you and remove
or prevent access to any material from your website at
any time, without prior notice or liability, for any conduct
that we, in our sole discretion, believes violates this
Agreement or is otherwise harmful to our interests or
the interests of other accountholders. (b) We also reserve
the right to comply with the take-down provisions of the
DMCA and to seek injunctive, declaratory, interpleader
or other judicial or equitable relief (and, pending such
action, to suspend all access to your website) if any
third-party claim is made that your website content or
use violates any of the acceptable uses or your obligations
or representations described in this Agreement.
6. Miscellaneous
You may not assign your
rights and obligations under this Agreement without the
prior written consent from us, which may be withheld at
our discretion. Nothing contained in this Agreement shall
be construed as creating any agency, partnership, or other
form of joint enterprise between the parties. Our failure
to require your performance of any provision hereof shall
not affect the right to require such performance 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. Any action for any claim arising under, or in
connection with, this Agreement must be commenced by you
within one year after the alleged cause of action has
accrued or after the date of termination of this Agreement,
whichever is earlier. In the event that any provision
of this Agreement is deemed unenforceable or invalid,
such unenforceability or invalidity shall not affect the
remainder of this Agreement. Such provision may be amended
or replaced with one that is valid and enforceable and
which achieves, to the extent possible, the original objectives
and intent of the parties as reflected in the original
provision. No provision of this Agreement may be amended
or modified by you except by means of a written document
signed or expressly assented to by us. All terms and conditions
of this Agreement that should by their nature survive
termination of this Agreement shall so survive. This Agreement
and the order form, together with all amendments or modifications
to any of them, constitute the complete and exclusive
agreement between you and us and supersede and govern
all prior proposals, agreements, or other communications.
We have a responsibility
to ensure that each of our clients is provided with the
best services we have available. While we back up files
continuously, we are in no way responsible for the archiving
of a site. It is the sole responsibility of the site creator
to copy, back-up or archive all files that constitute
a web site.
The following guidelines also apply:
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Content:
All services provided by us may be used for lawful purposes
only. Transmission, storage, or presentation of any information,
data, or material in violation of any United States Federal,
State, or City law is prohibited. This includes, but is
not limited to copyrighted material, material we judge
to be threatening or obscene or material protected by
trade secret and other statute. The subscriber agrees
to indemnify and hold us harmless from any claims resulting
from the use of the service, which damages the subscriber
or any other party.
Also prohibited are sites
that promote any illegal activity or present content that
may be damaging to our servers or any other server on
the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
We will be the sole arbiter
as to what constitutes a violation of this provision.
- Sites using more than
20% of system resources.
We will be the sole arbiter as to what constitutes a violation
of this provision
Commercial Advertising -
Email:
Spamming, or the sending of unsolicited email, from our
server or using an email address or domain that is maintained
on our machine as reference is STRICTLY prohibited. We
will be the sole arbiter as to what constitutes a violation
of this provision.
Background Running Programs
We may allow programs to run continually in the background.
These are considered on a case-by-case basis and an extra
charge will be incurred based on system resources used
and operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots to be operated
on our servers.
Server Abuse:
Any attempt to undermine or cause harm to a server, or
customer of ours is strictly prohibited, and will result
in immediate termination or prosecution.
By ordering service from us, you agree to be bound by
and to comply with this Agreement just as if you had signed
it - the legal equivalent of your signature on a written
contract.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service
at our sole discretion.
All Sub-Networks, distributive hosting sites and dedicated
servers we operate must adhere to the above policies.
Failure to follow any term or condition will be grounds
for immediate account deactivation without refund.
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| :Domain
Name Contracts: |
EXHIBIT
A
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 Ion
Web Services, 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.
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.
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. 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. 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.
17. 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.
18. 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.
19.
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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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 authorities are the complete and exclusive
agreement between you and us regarding our Services.
25. 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.
26. INFANCY. You attest that you are of legal
age to enter into this Agreement.
27. 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.
28. 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
29. 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.
30. 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 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.
(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.
31. 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://nic.at/en/agb/ag_agb2003.asp.
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.
(a) .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;
(b) .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.nic.cc.
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.
(c) .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.
(d) .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.
(e) .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;
(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:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
11.3. German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(f) .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; or
(B) A natural person:
(I) of French nationality; (or),
(II) of foreign nationality who are domiciled in France;
(or),
(III) who 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.
(i) .it Domains. In the case of an "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.
(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.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.
(g) .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 www.domain-registry.nl/sidn_english/flat/
General/Rules/Regulations.
(iii) 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 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.
(h) .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.
(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk Domains.
In the case of a co.uk, .org.uk, ltd.uk, net.uk, plc.uk or
me.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.nic.uk/DisputeResolution/DrsPolicy/.
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/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into two
contracts - one contract wi | | |
