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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
moonSlice, the Registration Service Provider (“Reseller”).
Any reference to a “registry,” “Registry” or “Registry
Operator” shall refer to the registry administrator of the
applicable TLD or ccTLD. This Agreement explains our
obligations to you, and explains your obligations to us for
the Services. By agreeing to the terms and conditions set
forth in this Agreement, you are also agreeing to be bound
by the rules and regulations set forth by a registry for
that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree
that we cannot guarantee that you will obtain a desired
domain name registration, even if an inquiry indicates that
a domain name is available at the time of your application
for same. You represent that, to the best of the your
knowledge and belief, neither the registration of the domain
name nor the manner in which it is directly or indirectly to
be used, infringes upon the legal rights of a third party
and further, that the domain name is not being registered
for nor shall it at any time whatsoever be used for any
unlawful purpose. During the period following registration
of a domain name and the appointment of active name servers,
we may post a stagnant web page and any revenues generated
from same shall be for our own account.
3. FEES. As consideration for the Services, you agree to pay
Reseller the applicable service(s) fees prior to the
effectiveness of a desired domain name registration or any
renewal thereof. All fees payable hereunder are
non-refundable even if your domain name registration is
suspended, cancelled or transferred prior to the end of your
current registration term. As further consideration for the
Services, you agree to: (1) provide certain current,
complete and accurate information about you as required by
the registration process, and (2) maintain and update this
information as needed to keep it current, complete and
accurate. All such information shall be referred to as
account information ("Account Information"). You represent
that the Account Information and all other statements put
forth in your application are true, complete and accurate.
Both Tucows and each registry reserves the right to
terminate your domain name registration if: (i) information
provided by you or your agent is false, inaccurate,
incomplete, unreliable, misleading or otherwise secretive;
or (ii) you have failed to maintain, update and keep your
Account Information true, current, complete, accurate and
reliable. You acknowledge that a breach of this Section 3
will constitute a material breach of our Agreement, which
will entitle either us or a registry to terminate this
Agreement immediately upon such breach without any refund
and without notice to you.
4. TERM. This Agreement will remain in effect during the
term of your domain name registration as selected, recorded
and paid for at the time of registration or any renewal
thereof. Should the domain name be transferred to another
registrar, the terms and conditions of this Agreement shall
cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the
practice of registering and administering domain names is
constantly evolving; therefore, you agree that Tucows may
modify this Agreement, or any other related and/or
applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or
individual, as well as to adjust to changing circumstances.
All amendments to this Agreement will be posted on our
website. Your continued use of the domain name registered to
you will constitute your acceptance of this Agreement with
any revisions. If you do not agree to any change, you may
request that your domain name registration be cancelled or
transferred to a different accredited registrar. You agree
that such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any change
to this Agreement, or any other related and/or applicable
agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use the Account
Identifier and Password that you selected when you opened
your account with us. You agree to safeguard your Account
Identifier and Password from any unauthorized use. In no
event shall we be liable for the unauthorized use or misuse
of your Account Identifier or Password.
7. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer
immunity from objection to the registration, reservation or
use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third
party, you will be subject to the provisions specified in
the dispute policy adopted by the applicable registry. You
agree that in the event a domain name dispute arises with
any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the
applicable policy. If Tucows is notified that a complaint
has been filed with a judicial or administrative body
regarding your domain name, Tucows may, at its sole
discretion, suspend your ability to use your domain name or
to make modifications to your registration records until (i)
Tucows is directed to do so by the judicial or
administrative body, or (ii) Tucows receives notification by
you and the other party contesting your domain that the
dispute has been settled. Furthermore, you agree that if you
are subject to litigation regarding your registration or use
of your domain name, Tucows may deposit control of your
registration record into the registry of the judicial body
by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or
transfer pursuant to a Tucows, registry, ICANN or
government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a Tucows, registry,
ICANN or government-adopted policy, (1) to correct mistakes
by us or a registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain
name to a third party you shall nonetheless be the domain
name holder of record and are therefore responsible for
providing your own full contact information and for
providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain
name. You shall accept liability for harm caused by wrongful
use of the domain name. You represent that you will secure
the agreement of any third party to the terms and conditions
in this Agreement
11. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or
operation of our services and those of our service partners.
These announcements will be predominately informative in
nature and may include notices describing changes, upgrades,
new products or other information to add security or to
enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of
this Agreement is solely limited to the amount you paid for
the initial registration of your domain name. Tucows and its
directors, employees, affiliates, subsidiaries, agents and
third party providers, ICANN and the applicable registries
shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or
inability to use any of the Services or for the cost of
procurement of substitute services. Because some states do
not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, our
liability is limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but
not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability
resulting from data non-delivery or data mis-delivery; (3)
loss or liability resulting from acts of God; (4) loss or
liability resulting from the unauthorized use or misuse of
your account identifier or password; (5) loss or liability
resulting from errors, omissions, or misstatements in any
and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the
interruption of your Service. You agree that we will not be
liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect,
special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or
otherwise, even if we have been advised of the possibility
of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold
Tucows, its contractors, agents, employees, officers,
directors and affiliates, ICANN, the applicable registries
and their respective directors, officers, employees, agents
and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties
arising out of or relating to the registration or use of the
domain name registered in your name, whether used by
yourself, licensed to a third party or pursuant to the Whois
Privacy Service, including without limitation infringement
by you or a third party with access to your Account
Identifier and Password. You also agree to release,
indemnify and hold us harmless pursuant to the terms and
conditions contained in the applicable Dispute Policy. When
we are threatened with suit by a third party, we may seek
written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may
be considered by us to be a breach of your Agreement and may
result in the suspension or cancellation of your domain
name. This indemnification obligation will survive the
termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on
the Whois shall be the registered name holder. The person
named as Administrative contact at the time the controlling
Account Identifier and Password are secured, shall be deemed
the designate of the Registrant with the authority to manage
the domain name. You agree that prior to transferring
ownership of your domain name to another person (the
“Transferee") you shall require the Transferee to agree, in
writing to be bound by all the terms and conditions of this
Agreement. If the Transferee fails to be bound in a
reasonable fashion (as determine by us in our sole
discretion) to the terms and conditions in this Agreement,
any such transfer will be null and void.
15. RENEWALS AND FORFEITURE. Domain names are registered for
a finite period of time. You will receive reminders
immediately prior to the expiration of your registration
inviting you to renew your domain name. In the event that
you fail to renew your domain name in a timely fashion, your
registration will expire and we may, at our discretion,
elect to assume the registration and may hold it for our own
account, delete it or we may sell it to a third party. You
acknowledge and agree that your right and interest in a
domain name ceases upon its expiration and that any expired
domain name may be made available for registration by a
third party.
If you fail to renew your registration, your domain name may
cease to resolve and visitors to your site may be redirected
to a default page informing them that the site is no longer
in service. This parked or default page may feature
advertisements posted by us for our own account.
If we have elected to renew the registration, you will be
entitled to a grace period during which you may re-register
the domain name from us. Additional costs may apply. During
this grace period, we may post a parked page and/or may
revise the “Whois” registration records to include either
our information or that of your Reseller. The domain name
may also be listed for auction. If the name is sold during
any such auction, it will be acquired by a third party on a
provisional basis and will remain available for
re-registration by you during our stated grace period. If
you do not re-register the domain name during the grace
period, the auction sale will be concluded and you will
receive a share of the proceeds received from the new
registrant. Tucows will send an email to the last address
you have provided advising you of the sale and your interest
in same. At present, we agree to pay you forty (40) per cent
of the net proceeds of any such auction. You will have one
(1) year following the issue of the email to claim your
share of the proceeds. Any amounts not claimed within one
(1) year will be deemed to have been abandoned by you and
will be deposited by us for our own account.
If you fail to renew your domain name registration during
the grace period, you acknowledge that you have abandoned
the domain name and that it is available for sale and
registration by any third party.
16. BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the
Dispute Policy provided by us, may be considered by us to be
a material breach and that we may provide a written notice,
describing the breach, to you. If within thirty (30)
calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us,
that you have not breached your obligations under the
Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you
shall not be deemed to be excused simply because we did not
act earlier in response to that, or any other breach by you.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our
Services is solely at your own risk. You agree that such
Service(s) is provided on an "as is," "as available" basis.
We expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the
Services will meet your requirements, or that the Service(s)
will be uninterrupted, timely, secure, or error free; nor do
we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or
reliability of any information obtained through the Service
or that defects in the Service will be corrected. You
understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service
is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or
loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or
services purchased or obtained through the Service or any
transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from
us or through the Service shall create any warranty not
expressly made herein.
18. INFORMATION. As part of the registration process, you
are required to provide us certain information and to update
us promptly as such information changes such that our
records are current, complete and accurate. You are obliged
to provide us the following information:
(a) your name and postal address (or, if different, that of
the domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the administrative
contact for the domain name;
(d) the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the billing contact
for the domain name; and
(e) the name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the technical
contact for the domain name.
Any voluntary information we request is collected in order
that we can continue to improve the products and services
offered to you through your Reseller.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You
agree and acknowledge that we will make domain name
registration information you provide available to ICANN, to
the registry administrators, law enforcement agencies and to
other third parties as applicable. You further agree and
acknowledge that we may make publicly available, or directly
available to third party vendors, some or all, of the domain
name registration information you provide, for purposes of
inspection (such as through our Whois service) or other
purposes as required or permitted by ICANN and applicable
laws.
(a) You hereby consent to any and all such disclosures and
use of, and guidelines, limits and restrictions on
disclosure or use of, information provided by you in
connection with the registration of a domain name (including
any updates to such information), whether during or after
the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action
you may have arising from such disclosure or use of your
domain name registration information by us.
(b) You may access your domain name registration information
in our possession to review, modify or update such
information, by accessing our domain manager service, or
similar service, made available by us through your Reseller.
(c) We will not process or maintain data about any
identified or identifiable natural person that we obtain
from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
(d) We will take reasonable precautions to protect the
information we obtain from you from our loss, misuse,
unauthorized disclosure, alteration or destruction of that
information.
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of
inaccurate or unreliable information, your wilful failure
promptly to update information provided to us, or any
failure to respond to inquiries by us addressed to the email
address of the registrant, the administrative, billing or
technical contact appearing in the Whois directory with
respect to a domain name concerning the accuracy of contact
details associated with the registration shall constitute a
material breach of this Agreement and be a basis for
cancellation of the domain name registration. Any
information collected by us concerning an identified or
identifiable natural person (“Personal Data”) will be used
in connection with the registration of your domain name(s)
and for the purposes of this Agreement and as required or
permitted by ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the
right to deny, cancel, suspend, transfer or modify any
domain name registration to correct a mistake, protect the
integrity and stability of the company and any applicable
registry, to comply with any applicable laws, government
rules, or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid
any liability, civil or criminal. You agree that we shall
not be liable to you for loss or damages that may result
from our refusal to register or cancel, suspend, transfer or
modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event
that this Agreement may be inconsistent with any term,
condition, policy or procedure of an applicable registry,
the term, condition, policy or procedure of the applicable
registry shall prevail.
23. NON-WAIVER. Our failure to require performance by you of
any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall
the waiver by us of a breach of any provision hereof be
taken or held to be a waiver of the provision itself.
24. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by
sending it via e-mail or via regular mail. In the case of
e-mail, valid notice shall only have been deemed to be given
when an electronic confirmation of delivery has been
obtained by the sender. E-mail notification to Tucows must
be sent to lhutz@tucows.com. Any notice to you will be sent
to the e-mail address provided by you in your Whois record.
Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such
communication, if such date is a business day and such
delivery was made prior to 4:00 p.m. EST, otherwise it will
be deemed to have been delivered on the next business day.
In the case of regular mail notice, valid notice shall be
deemed to have been validly and effectively given five (5)
business days after the date of mailing Postal notices to
Tucows shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the
address specified in the “Administrative Contact” in your
Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable
dispute policy and the rules and policies published by
Tucows and any applicable registry or other governing
authority, are the complete and exclusive agreement between
you and us regarding our Services.
26. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA
APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST
BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS.
27. INFANCY. You attest that you are of legal age to enter
into this Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we
nor the applicable registry shall be responsible for any
failures or delays in performing our respective obligations
hereunder arising from any cause beyond our reasonable
control, including but not limited to, acts of God, acts of
civil or military authority, fires, wars, riots,
earthquakes, storms, typhoons and floods.
29. PRIVACY. Information collected about you is subject to
the terms of Tucows’ privacy policy, the terms of which are
hereby incorporated by reference. Tucows’ privacy policy can
be found at: http://www.tucows.com/privacy.html
30. CONTROLLING LANGUAGE. In the event that you are reading
this Agreement in a language other than the English
language, you acknowledge and agree that the English
language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or
translation.
31. TLD’S. The following additional provisions apply to any
domain names that you register through Tucows with the
various registries:
(a) .com/net Domains: In the case of a “.com” or “.net”
registration, the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”)
(http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry; these policies
are subject to modification;
(ii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
(b) .org Domains: In the case of a “.org” registration, the
following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Dom ain Dispute Policy (“UDRP”)
(http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry. These policies
are subject to modification;
(ii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
(c) .info Domains: In the case of a “.info” registration,
the following terms and conditions will apply:
(i) Registrant’s Personal Data. You consent to the use,
copying, distribution, publication, modification, and other
processing of Registrant’s personal data by Afilias, the
.INFO registry, and its designees and agents, in a manner
consistent with the purposes specified pursuant to its
contract;
(ii) Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”)
(http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry. These policies
are subject to modification;
(iii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario;
(iv) Reservation of Rights. Tucows and Afilias expressly
reserve the right to deny, cancel, transfer, or modify any
registration that either registrar or Afilias deems
necessary, at its discretion, to protect the integrity and
stability of the registry, to comply with any applicable
law, any government rule or requirement, any request of law
enforcement, any dispute resolution process, or to avoid any
liability, civil or criminal, on the part of the registrar
and/or Afilias, as well as their affiliates, subsidiaries,
executives, directors, officers, managers, employees,
consultants, and agents. The registrar and Afilias also
reserve the right to suspend a domain name or its
registration data during resolution of a dispute.
(d) .biz Domains. In the case of a “.biz” registration, the
following terms and conditions will apply:
(i) .biz Restrictions. Registrations in the .biz top-level
domain must be used or intended to be used primarily for
bona fide business or commercial purposes. For the purposes
of the .biz registration restrictions, “bona fide business
or commercial use” shall mean the bona fide use or bona fide
intent to use the domain name or any content, software,
materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through
the DNS:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods, services,
information or property of any kind; or (ii) the ordinary
course of trade or business.
For more information on the .biz restrictions, which are
incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(ii) Selection of a Domain Name. You represent that:
(A) the data provided in the domain name registration
application is true, correct, up to date and complete, and
that you will continue to keep all of the information
provided correct, up-to-date and complete;
(B) to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon the
legal rights of a third party;
(C) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(D) the registered domain name will be used primarily for
bona fide business or commercial purposes and not (a)
exclusively for personal use, or (b) solely for the purposes
of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade
or lease the domain name for compensation;
(E) you have the authority to enter into this Registration
Agreement; and
(F) the registered domain name is reasonably related to your
business or intended commercial purpose at the time of
registration.
(iii) Provision of Registration Data. As part of the
registration process, you are required to provide us with
certain information and to keep the information true,
current, complete, and accurate at all times. The
information includes the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in
the case of a registrant that is an organization,
association, or corporation;
(G) the IP addresses of the primary nameserver and any
secondary nameserver for the domain name;
(H) the corresponding names of the primary and secondary
nameservers;
(I) the full name, postal address, e-mail address, voice
telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the
name holder for the domain name; and
(J) any remark concerning the domain name that should appear
in the Whois directory.
(K) You agree and understand that the foregoing registration
data will be publicly available and accessible on the Whois
directory as required by ICANN and/or registry policies, and
may be sold in bulk in accordance with the ICANN agreement.
(iv) Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions
of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral
part of this Agreement:
(A) The Uniform Domain Name Dispute Resolution Policy
(“Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules
(“RDRP”), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the “Dispute Policies”).
(v) The Dispute Policy sets forth the terms and conditions
in connection with a dispute between a Registrant and any
party other than the Registry or Registrar over the
registration and use of an Internet domain name registered
by Registrant.
(vi) The RDRP sets forth the terms under which any
allegation that a domain name is not used primarily for
business or commercial purposes shall be endorsed on a
case-by-case, fact specific basis by an independent ICANN-accredited
dispute provider.
(vii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
(e) .name Domains. In the case of a “.name” registration,
the following terms and conditions will apply:
(i) .name Restrictions. Registrations in the .name top-level
domain must constitute an individual’s “Personal Name”. For
purposes of the .name restrictions (the “Restrictions”), a
“Personal Name” is a person’s legal name, or a name by which
the person is commonly known. A “name by which a person is
commonly known” includes, without limitation, a pseudonym
used by an author or painter, or a stage name used by a
singer or actor.
(ii) .name Representations. As a .name domain name
registrant, you hereby represent that:
(A) the registered domain name or second level domain (“SLD”)
e-mail address is your Personal Name.
(B) the data provided in the domain name registration
application is true, correct, up to date and complete and
that you will continue to keep all of the information
provided correct, current and complete,
(C) to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon the
legal rights of a third party;
(D) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(E) the registration satisfies the Eligibility Requirements
found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this Registration
Agreement.
(iii) E-mail Forwarding Services. The Services for which you
have registered may, at your option, include e-mail
forwarding. To the extent you opt to use e-mail forwarding,
you are obliged to do so in accordance with all applicable
legislation and are responsible for all use of e-mail
forwarding, including the content of messages sent through
e-mail forwarding.
You undertake to familiarize yourself with the content of
and to comply with the generally accepted rules for Internet
and e-mail usage. This includes, but is not limited to the
Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to
the foregoing, you undertake not to use e-mail forwarding:
(A) to encourage, allow or participate in any form of
illegal or unsuitable activity, including but not restricted
to the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright
and/or proprietary rights or publishing defamatory material;
(B) to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or network
or breaching the security or access control without the
sufficient approval of the owner of the system or network;
(C) to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, wilful attempts
to overload another system or other forms of harassment; or
(D) for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited e-mail, junk mail, the use
of distribution lists (mailing lists) which include persons
who have not specifically given their consent to be placed
on such distribution list. Users are not permitted to
provide false names or in any other way to pose as somebody
else when using e-mail forwarding.
(iv) Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with
a history of abuse from entering Registry’s e-mail
forwarding. However, due to the nature of such systems,
which actively block messages, Registry shall make public
any decision to implement such systems a reasonable time in
advance, so as to allow you or us to give feedback on the
decision.
(v) You understand and agree that Registry may delete
material that does not conform to clause (c) above or that
in some other way constitutes a misuse of e-mail forwarding.
You further understand and agree that Registry is at liberty
to block your access to e-mail forwarding if you use e-mail
forwarding in a way that contravenes this Agreement. You
will be given prior warning of discontinuation of the e-mail
forwarding unless it would damage the reputation of Registry
or jeopardize the security of Registry or others to do so.
Registry reserves the right to immediately discontinue
e-mail forwarding without notice if the technical stability
of e-mail forwarding is threatened in any way, or if you are
in breach of this Agreement. On discontinuing e-mail
forwarding, Registry is not obliged to store any contents or
to forward unsent e-mail to you or a third party.
(vi) You understand and agree that to the extent either we
and/or Registry is required by law to disclose certain
information or material in connection with your e-mail
forwarding, either we and/or Registry will do so in
accordance with such requirement and without notice to you.
(vii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the dispute policy that is incorporated herein and made a
part of this Agreement by reference. You hereby acknowledge
that you have read and understood and agree to be bound by
the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement.
(A) the Eligibility Requirements (the “Eligibility
Requirements”), available here: ;
(B) the Eligibility Requirements Dispute Resolution Policy
(the “ERDRP”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the “UDRP”),
available at: http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses
will be granted on a first-come, first-served basis. The
following categories of Personal Name Registrations may be
registered: (i) the Personal Name of an individual; (ii) the
Personal Name of a fictional character, if you have
trademark or service make rights in that character’s
Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the
beginning or the end of the Personal Name so as to
differentiate it from other Personal Names.
(ix) The ERDRP applies to challenges to (i) registered
domain names and SLD e-mail address registrations within
.name on the grounds that a Registrant does not meet the
Eligibility Requirements, and (ii) to Defensive
Registrations (as defined by the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and party
other than the Registry or Tucows over the registration and
use of an Internet domain name registered by a Registrant.
(xi) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant’s domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
32. ccTLD’S (a) .at Domains. In the case of a “.at”
registration, the following terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are
posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such
cancellation.
(b) .be Domains. In the case of a “.be” registration, the
following terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are
posted on the Registry website at http://www.dns.be/en/home.php?n=51.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such
cancellation.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the .be Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current version
of the Dispute Policy may be found at http://www.dns.be/en/home.php?n=53.
(c) .ca Domains. In the case of a “.ca” registration, the
following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the Dispute Policy, which is incorporated herein and made a
part of this Agreement by reference. The current version of
the Dispute Policy may be found at http://www.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this
policy.
(ii) Registry Policy. You agree that your registration of
the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Registry-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a Registry adopted policy, (1) to
correct mistakes by Tucows or the Registry in registering
the name or (2) for the resolution of disputes concerning
the domain name.
(iii) Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in
accordance with registry policies and procedures.
(iv) Registry Agreement and Policy. You acknowledge and
understand that by accepting the terms and conditions of
this agreement you shall be bound by the Registry’s
Registrant Agreement, the Registry’s policies and any
pertinent rules or policies that exist now or in the future
and which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound
by a revision or modification to any Registry agreement or
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation.
(v) You acknowledge and agree that the Registry shall not be
liable to you for any loss, damage, or expense arising out
of the Registry’s failure or refusal to register a domain
name, it’s failure or refusal to renew a domain name
registration, it’s registration of a domain name, it’s
failure or refusal to renew a domain name registration, it’s
renewal of a domain name registration, it’s failure or
refusal to transfer a domain name registration, it’s
transfer of a domain name registration, it’s failure or
refusal to maintain or modify a domain name registration,
it’s maintenance of a domain name registration, it’s
modification of a domain name registration, it’s failure to
cancel a domain name registration or it’s cancellation of a
domain name registration from the Registry;
(d) .cc Domains. In the case of a “.cc” registration, the
following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the Dispute Policy that is incorporated herein and made a
part of this Agreement by reference. The current version of
the Dispute Policy may be found at http://www.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this
policy.
(ii) Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are
posted on the Registry website at: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such
cancellation.
(e) .ch Domains. In the case of a “.ch” registration, the
following terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are
posted on the Registry website at http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such
cancellation.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the .ch Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current version
of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this
policy.
(f) .cn Domains. In the case of a “.cn” registration, the
following terms and conditions shall apply:
(i) “Registry” means the China Internet Network Information
Center, which is the authority responsible for the
administration of the national top-level domain of the
People’s Republic of China and the Chinese domain name
system;
(ii) “Registry Gateway” means the service provided by the
Registry Operator that facilitates the registration of .cn
domain names by registrars operating outside of the People’s
Republic of China;
(iii) “Registry Operator“ means Neustar, Inc., the company
authorized to facilitate the registration of .cn domain
names by registrars operating outside of the People’s
Republic of China.
(iv) Restrictions. You agree that you shall not register or
use a domain name that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the
Constitution of the Peoples Republic of China (“PRC”);
(B) jeopardize national security, leak state secrets, intend
to overturn the government or disrupt the integrity of the
PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social
stability of the PRC;
(F) spread pornography, obscenity, gambling, violence,
homicide, terror or instigate crimes in the PRC;
(G) insult, libel against others and infringe other people’s
legal rights and interests in the PRC; or
(H) take any other action prohibited in laws, rules and
administrative regulations of the PRC.
(v) Business or Organization Representation. .cn domain name
registrations are intended for businesses and organizations
and not for individual use. By registering a .cn name, you
accordingly represent that you have registered the domain
name on behalf or a business or organization. It should be
noted that, although .cn policy is permissive in terms of
registration, and enforcement is generally in reaction to a
complaint (as opposed to proactive review), registrations
that are not associated with an organization or business may
be subject to deletion. The foregoing prevents an individual
from registering a .cn domain name for a business operating
as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions
of the CNNIC Domain Name Dispute Policy & Rules for CNNIC
Dispute Resolution Policy (“Dispute Policy”), as they may be
amended from time to time, which are hereby incorporated and
made an integral part of this Agreement. The Dispute Policy
is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute Policy,
Registrars must comply with all reasonable requests from the
applicable domain name dispute resolution institutions
including the provision of all relevant evidence in any
domain name disputes in the specified time frames.
(viii) If we are notified that a complaint has been filed
with a judicial or administrative body regarding your use of
our domain name registration services, you agree not to make
any changes to your domain name record without our prior
approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your
registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your
registration and use of our domain name registration
services, we may deposit control of your domain name record
into the registry of the judicial body by supplying a party
with a registrar certificate from us.
(ix) Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the Peoples
Republic of China’s governmental agencies and the China
Internet Network Information Centre (“CNNIC”), including but
not limited to the following rules and regulations:
(A) Provisional Administrative Rules for Registration of
Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain
Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and agree
to be bound by the terms and conditions of the policies of
the CNNIC, as they may be amended from time to time.
(x) Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any Tucows,
Registry Operator, CNNIC or government-adopted policy, or
pursuant to any registrar or registry procedure not
inconsistent with a CNNIC or government-adopted policy, (1)
to correct mistakes by a party in registering the name, (2)
for the resolution of disputes concerning the domain name,
(3) to protect the integrity and stability of the registry,
(4) to comply with any applicable laws, government rules or
requirements, requests of aw enforcement, (5) to avoid any
liability, civil or criminal, on the part of Tucows,
Registry Operator or CNNIC, as well as their affiliates,
subsidiaries, directors, representatives, employees and
stockholders or (6) for violations of this Agreement. Tucows,
Registry Operator and CNNIC also reserve the right to
“freeze” a domain name during the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes
concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of
the courts (1) of the Registrant’s domicile, (2) where
Tucows is located, and (3) the People’s Republic of China.
(xii) Governing Law. For the adjudication of a dispute
concerning or arising from use of a .cn domain, such dispute
will be governed under the Laws of the Peoples Republic of
China.
(g) .de Domains. In the case of a “.de” registration, the
following terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registry’s Terms
and Conditions and the Registry’s Guidelines and have
provided your Reseller with written confirmation of same;you
have reviewed and have accepted the Registry’s Terms and
Conditions and the Registry’s Guidelines and have provided
your Reseller with written confirmation of same;
(B) either you, or the person designated as the
administrative contact for the domain name, shall be
resident or shall have a branch in Germany;
(C) to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon the
legal rights of a third party and, further, that the domain
name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever.
(ii) Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is
challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of law.
You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions specified by
the Registry or any court of law.
(iii) Registry Policies. You agree to be bound by the
Registry’s Registration Terms and Conditions and the
Registration Guidelines. English language translations of
the Registry’s documents are provided for convenience; in
the event of a discrepancy between the English and the
German language agreements, the terms of the German
agreement will prevail. The Registry documents may be found
at:
English: (A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(h) .eu domains. In the case of a “.eu” registration, the
following terms and conditions will apply:
(i) Eligibility Criteria. .eu domain names are available for
registration to companies and persons who fulfill the
following criteria. As a condition of registration, you
accordingly represent that you are:
(A) an undertaking having its registered office, central
administration or principal place of business within the
European Community;
(B) an organization established within the European
Community without prejudice to the application of national
law, or
(C) a natural person resident within the European Community.
(ii) Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are
posted on the Registry website. Registration policies of the
Registry and the terms and conditions applicable to your .eu
registration may be found at: http://www.eurid.eu/en/general/launch.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such
cancellation.
(iii) Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is
challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of law.
(i) .fr Domains. In the case of a “.fr” registration, the
following terms and conditions will apply:
(i) Representation of Registrant. .fr domain names are
available for registration to companies and persons who
fulfill the following criteria. As a condition of
registration, you accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in France; (or),
(II) which possess an address in France which is expressly
listed in the public electronic databases of the registrars
of the commercial courts or the National Statistical and
Economic Studies Institute (INSEE), (or),
(III) State institutions or departments, local authorities
or associated establishments, (or),
(IV) which own a trademark registered with the National
Intellectual Property Institute or own a registered EU or
international trademark which expressly includes French
territory.
(ii) Administrative Contact. Each registrant must designate
an administrative contact to act as a coordinator between
the registrant and the Registry. In the case of .fr
registrations, the administrative contact must be based in
France where it can receive legal and other documents.
(iii) Registry Policies. You agree to be bound by the
Registry’s Naming Charter, its registration rules for .fr.
English language translations of the Registry’s documents
are provided for convenience. The Registry documents may be
found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is
challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of law.
The current .fr dispute resolution policy and procedures can
be found at http://www.afnic.fr/doc/ref/juridique/parl. You
agree that in the event a domain name dispute arises with
any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions specified by the
Registry or any court of law.
(j) .it Domains. In the case of a “it” registration, the
following terms and conditions shall apply:
(i) Registration Criteria. Registration of an .it name is
restricted to subjects belonging to a member state of the
European Union. Individuals and associations operating
without a VAT number or a fiscal code are limited to a
single domain name registration.
(ii) Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are
posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry’s site on a
regular basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your
sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such
cancellation. Additional policies, including transfer
procedures and “netiquette” rules may be found at http://www.nic.it/NA/index-engl.html.
(k) .nl Domains. In the case of a “.nl” registration, the
following terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl domain name
is unrestricted save and except that applicants who are not
based in the Netherlands or who do not have a registered
address in the Netherlands must provide an address in the
Netherlands where written documents can be sent to the
applicant and where legal summonses can be served.
(ii) Registry Policies. You agree to be bound by the
policies of the Registry including but not limited to the
Registry’s Registration Regulations. English language
translations of the Registry’s documents are provided for
convenience and may be found
here:
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
here. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions specified by
the Registry or any court of law.
(l) .tv Domains. In the case of a “.tv” registration, the
following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another Registrar, you agree to be bound by
the Dispute Policy that is incorporated herein and made a
part of this Agreement by reference. The current version of
the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this
policy.
(ii) Policy . You agree that your registration of the .tv
domain name shall be subject to suspension, cancellation, or
transfer pursuant to any ICANN or government adopted policy,
or pursuant to any Registrar or registry procedure not
inconsistent with an ICANN or government-adopted policy, (1)
to correct mistakes by us or the applicable Registry in
registering the name or (2) for the resolution of disputes
concerning the domain name. You acknowledge that you have
reviewed the .tv General Terms of Service which may be found
at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
(m) .uk Domains. In the case of a .uk registration, the
following terms and conditions will apply:
(i) “Nominet UK” means the entity granted the exclusive
right to administer the registry for .uk domain name
registrations.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the Dispute Policy which is incorporated herein and made a
part of this Agreement by reference. The current version of
the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/drs/policy/.
Please take the time to familiarize yourself with this
policy.
(iii) Nominet UK Policy. You agree that your registration of
the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Nominet UK-adopted
policy, term or condition, or pursuant to any registrar or
registry procedure not inconsistent with an Nominet
UK-adopted policy, (1) to correct mistakes by a registrar or
the registry in registering the name, or (2) for the
resolution of disputes concerning the domain name. The
current Nominet UK terms and conditions can be found at:
http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into two
contracts – one contract with Tucows and/or Reseller and one
contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf
by submitting your application to Nominet for you, however,
you will still be entering into a direct contract between
you and Nominet UK. This is a separate contract from this
agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by
accepting Nominet’s terms and conditions you are consenting
to Nominet using your personal data for a variety of
reasons. In particular, your name and address may be
published as part of Nominet’s Whois look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in and
to a domain name registration shall be affected in
accordance with Nominet UK policies and procedures.
(n) .us Domains. In the case of a “.us” registration, the
following terms and conditions will apply:
(i) “DOC” means the United States of America Department of
Commerce.
(ii) “.us Nexus Requirement”. Only those individuals or
organizations that have a substantive lawful connection in
the United States are permitted to register for .usTLD
domain names. Registrants in the .usTLD must satisfy the
nexus requirement (“Nexus” or “Nexus Requirements”) set out
at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and represent
that:
(A) You have and shall continue to have, a bona fide
presence in the United States on the basis of real and
substantial lawful contacts with, or lawful activities in,
the United States as defined in Section (ii) hereinabove;
(B) The listed name servers are located within the United
States;
(C) The data provided in the domain name registration
application is true, correct, up to date and complete, and
that you will continue to keep all of the information
provided correct, up-to-date and complete;
(D) To the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon the
legal rights of a third party;
(E) That the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(E) You have the authority to enter into this Registration
Agreement.
(iv) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the Dispute Policy and the usDRP, as defined below, that is
incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with
these policies.
(v) Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions
of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral
part of this Agreement:
(A) The Nexus Dispute Policy (“Dispute Policy), available
at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an
opportunity to challenge a registration not complying with
the Nexus Requirements.
(B) The usTLD Dispute Resolution Policy (“usDRP”) available
at: http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP
is intended to provide interested parties with an
opportunity to challenge a registration based on alleged
trademark infringement.
(C) In addition to the foregoing, you agree that, for the
adjudication of disputes concerning or arising from use of
the Registered Name, you shall submit, without prejudice to
other potentially applicable jurisdictions, to the
jurisdiction of the courts (i) of your domicile, (ii) where
Tucows is located, and (iii) the United States.
(vi) Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, the DOC
or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a DOC or
government-adopted policy, (1) to correct mistakes by us or
the applicable Registry in registering the name or (2) for
the resolution of disputes concerning the domain name. The
Registry Operator’s policies can be found at http://www.neustar.us/policies.
(vii) Indemnity. The DOC shall be added to the parties you
have agreed to indemnify in Section 13 hereinabove.
(viii) Information. As part of the registration process, you
are required to provide us certain information and to update
us promptly as such information changes such that our
records are current, complete and accurate. You are obliged
to provide us the following information:
(A) Your full name, postal address, e-mail address and
telephone number and fax number (if available) (or, if
different, that of the domain name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone
number and fax number (if available) telephone numbers of
the administrative contact, the technical contact and the
billing contact for the domain name;
(D) The IP addresses and names of the primary nameserver and
any secondary nameserver(s) for the domain name;
(ix) In addition to the foregoing, you will be required to
provide additional Nexus Information. The Nexus Information
requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at
registration, is voluntary. Any voluntary information we
request is collected for the purpose of improving the
products and services offered to you through your Reseller.
(x) Disclosure and Use of the Registration Information. You
agree and acknowledge that we will make domain name
registration information you provide available to the DOC,
to the Registry Operator, and to other third parties as
applicable. You further agree and acknowledge that we may
make publicly available, or directly available to third
party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as
through our Whois service) or other purposes as required or
permitted by the DOC and applicable laws.
You hereby consent to any and all such disclosures and use
of information provided by you in connection with the
registration of a domain name (including any updates to such
information), whether during or after the term of your
registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name
registration information by us.
You may access your domain name registration information in
our possession to review, modify or update such information,
by accessing our domain manager service, or similar service,
made available by us through your Reseller.
We will not process data about any identified or
identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations which
we describe in this Agreement.
We will take reasonable precautions to protect the
information we obtain from you from our loss, misuse,
unauthorized accessor disclosure, alteration or destruction
of that information.
33. WHOIS PRIVACY SERVICE. The following terms and
conditions will apply if you subscribe to the Whois Privacy
Service: (a) Subscribers to the Whois Privacy Service have
elected to include the following information in the publicly
available Whois Registry:
(i) Contactprivacy.com shall appear as the Registrant and
Contacts name(s);
(ii) Tucows’ postal address and a Tucows assigned email
address and telephone number shall appear on behalf of the
Registrant and the Contact(s);
(iii) The primary and secondary nameservers shall be those
designated by the Registrant;
(iv) The original date of registration and the expiration of
each domain name;
(v) Tucows will be identified as the registrar of record.
(b) You understand and agree that the Registrant and Contact
Information that you have provided will be kept on file. You
further agree and warrant that you will ensure that the
Whois Information is true, accurate and up to date.
(c) You will will retain complete control over the domain
name and its registration records and may suspend and
reinstate the Whois Privacy Service at your discretion.
(d) The Whois Privacy Service may be used with both new and
existing domain name registrations. You may use the Whois
Privacy Service with respect to a domain name that has been
transferred but it will only commence after the transfer has
been completed. If you wish to transfer the domain name to a
different registrar,the Whois Privacy Service must be
disabled in order to initiate the transfer.
(e) We will send all obligatory renewal and transfer related
messages to the Contacts you have designated.
(f) Communications Forwarding. Communications received with
respect to a particular domain name registration will be
handled as follows:
(i) We will forward to you or a Contact all correspondence
received by registered mail or traceable courier. This
information may be opened, scanned and emailed to you or
your Contact.. Regular postal mail will be discarded or
returned to sender at our discretion.
(ii) Email correspondence will be forwarded according to the
instructions of the Registrant as they appear in our
records.
(iii) A voice mail message will advise all callers that
inbound messages will not be accepted; calls will be
directed to the contactprivacy.com web site where written
messages will be forwarded according to your instructions.
(iv) We will only be responsible for forwarding
communications where our details have appeared in the whois
and when your Whois Information is accurate, complete and up
to date.
(g) Right to Suspend and Disable. We shall have the right,
at our sole discretion and without liability to you or any
of your Contacts, suspend or cancel your domain name and to
reveal Registrant and Contact Whois Information in certain
circumstances, including but not limited to the following:
(i) when required by law;
(ii) in the good faith belief that disclosure is necessary
to further determination of an alleged breach of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including but
not limited to ICANN’s or a Registry’s dispute resolution
policy;
(v) to avoid financial loss or legal liability
(v) to avoid financial loss or legal liability
(vi) if we believe that you or one of your Contacts is using
the Whois Privacy Service to conceal involvement with
illegal, illicit, objectionable or harmful activities; or
(vii) to transmit SPAM, viruses, worms or other harmful
computer programs.
(h) You understand and agree that, in the event that we
receive a formal complaint, notice of claim or UDRP, that we
will have the right to disable the Whois Privacy Service
pending final disposition of the matter.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE
SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT. |
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