Form of Registration Agreement
In this Registration Agreement ("Agreement") "you" and "your" refer to
the registrant of each domain name registration, "we", "us" and "our"
refer to TUCOWS Inc. and "Services" refers to the domain name
registration provided by us as offered through ("Reseller"). This
Agreement explains our obligations to you, and explains your
obligations to us for the Services.
- SELECTION OF A DOMAIN NAME.
You represent that, to the best of the your knowledge and belief,
neither this registration of a domain name nor the manner in which it
is directly or indirectly to be used infringes upon the legal rights of
a third party and, further, that the domain name is not being
registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever.
- FEES. As
consideration for the Services, you agree to pay the Reseller the
applicable service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree
to: (1) provide certain current, complete and accurate information
about you as required by the registration process; and (2) maintain and
update this information as needed to keep it current, complete and
accurate. All such information shall be referred to as account
information ("Account Information"). By submitting this Agreement, you
represent that the Account Information and all other statements put
forth in your application are true, complete and accurate. Both Tucows
and the Registry reserve 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 violation of this Section 3 will constitute a
material breach of this agreement which will entitle either us or the
Registry to terminate this agreement immediately without any refund and
without notice to you.
- TERM. This Agreement
shall remain in full force during the length of the term of your domain
name registration(s) as selected, recorded, and paid for upon
registration of the domain name. Should you choose to renew or
otherwise lengthen the term of your domain name registration, then the
term of this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar, the terms
and conditions of this contract shall cease.
- MODIFICATIONS TO AGREEMENT.
You agree that either we or the Registry may: (1) revise the terms and
conditions of this Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any such revision or
change will which shall be effective immediately upon posting on our
web site or upon notification to you by e-mail or your country’s postal
service pursuant to the Notices section of this Agreement. You agree to
review this Agreement as posted on our web site periodically to
maintain an awareness of any and all such revisions. If you do not
agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or postal
service pursuant to the Notices section of this Agreement. Notice of
your termination shall be effective after processing by us. You agree
that, by continuing the use of Services following notice of any
revision to this Agreement or change in service(s), you shall be bound
by any such revisions and changes. You further agree to be bound by the
Registry dispute policy (“Dispute Policy”) as presently written and
posted on http://www.nic.cc/policies/dispute.html
and as shall be amended from time to time. You acknowledge that if you
do not agree to any such modifications, you may request that your
domain name be deleted from the domain name database.
- MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must
use your Account Identifier and Password that you selected when you
opened your account with us. You agree to safeguard your Account
Identifier and Password from any unauthorized use. In no event shall we
be liable for the unauthorized use or misuse of your Account Identifier
- 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.enic.cc/en-def-85c427fc0417/en/policies/dispute.shtml. Please take the time to familiarize yourself with this policy.
- 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. 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
Dispute Policy. You acknowledge that neither we nor the Registry screen
or otherwise review your domain name application to verify that you
have the legal right to use a particular word or term. You are strongly
encouraged to perform a trademark search with respect to the words
and/or phrases comprising your domain name prior to applying for
registration of the domain. You agree that you will be solely liable in
the event that your use of a domain constitutes an infringement or
other violation of a third party’s rights.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to a Tucows, Registry,
regulatory or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, Registry,
regulatory or government-adopted policy, (1) to correct mistakes by us
or the Registry in registering the name, or (2) for the resolution of
disputes concerning the domain name. 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.
- AGENCY. Should
you intend to license use of a domain name to a third party you shall
nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems
that arise in connection with the domain name. You shall accept
liability for harm caused by wrongful use of the domain name. You
represent that you have provided notice of the terms and conditions in
this Agreement to any third party licensee and that the third party
agrees to the terms hereof.
- 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.
- LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid for such
Service(s). Neither we nor our contractors or third party
beneficiaries, including but not limited to Verisign, Inc. and eNic
Corporation, shall be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to
use any of the Services or for the cost of procurement of substitute
services. Because some jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, in
such jurisdictions, our liability is limited to the extent permitted by
law. We disclaim any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access delays or
access interruptions; (2) loss or liability resulting from data
non-delivery or data 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.
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors, affiliates and third party
beneficiaries, including but not limited to Verisign, Inc. and eNic
Corporation, harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by you, or
someone else using the Service of any intellectual property or other
proprietary right of any person or entity, or from the violation of any
of our operating rules or policy relating to the Service(s) provided.
You also agree to release, indemnify and hold us harmless pursuant to
the terms and conditions contained in the Dispute Policy. When we are
threatened with suit by a third party, we may seek written assurances
from you concerning your promise to indemnify us; your failure to
provide those assurances shall be a breach of your Agreement and may
result in deactivation of your domain name. This indemnification
obligation will survive the termination or expiration of this Agreement.
- SCOPE OF REGISTRATION.
You will be entitled to exclusive use of the domain name during the
term of the registration. Notwithstanding the foregoing, you shall not
use, display, exploit or register a domain name which action may
constitute illegal activity or be in contravention or violation of a
Tucows or Registry policy. You acknowledge that a breach of this clause
will constitute a material breach of this agreement which will entitle
either Tucows or the Registry to terminate this agreement immediately
upon such breach without any refund. In addition, both we and/or the
Registry may, in our sole discretion, refuse registration of your
desired domain name within thirty (30) calendar days from receipt of
payment. Neither Tucows nor the Registry shall be liable for any loss,
damage or other injury whatsoever resulting from any refusal to
register your desired domain name.
- 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 user name 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. Your domain name will not be transferred
until we receive such written assurances or other reasonable assurance
that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our sole
discretion) along with the applicable transfer fee. If the Transferee
fails to be bound in a reasonable fashion (as determine by us in our
sole discretion) to the terms and conditions in this Agreement, any
such transfer will be null and void.
You agree that failure to abide by any provision of this Agreement, any
operating rule or policy or the Dispute Policy, 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 fifteen (15) 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.
- NO GUARANTY.
You acknowledge that registration or reservation of your chosen domain
name does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
- 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.
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:
- Your name and postal address (or, if different, that of the domain name holder);
- The domain name being registered;
name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
- The name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the billing contact for the
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.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that either we and/or the Registry may make
directly available to third parties or publicly available, some or all,
of the Account Information for inspection through our WHOIS service and
for any other purposes as may be required or permitted by applicable
laws or policies. You hereby irrevocably waive and release Tucows
and/or the Registry from any and all claims and causes of action you
may have arising from any disclosure, use, or unauthorized access of
your Account Information.
- REVOCATION. Your
wilful provision of inaccurate or unreliable information, your wilful
failure promptly to update information provided to us, or any failure
to respond to inquiries by us addressed to the email address of the
registrant, the administrative, billing or technical contact appearing
in the “Whois” directory with respect to a domain name concerning the
accuracy of contact details associated with the registration shall
constitute a material breach of this Agreement and be a basis for
cancellation of the domain name registration. Any information collected
by us concerning an identified or identifiable natural person
(“Personal Data”) will be used in connection with the registration of
your domain name(s) and for the purposes of this Agreement and as
required or permitted by the ICANN Agreement or an ICANN/Registry
- RIGHT OF REFUSAL. We, in our
sole discretion, reserve the right to refuse to register or reserve
your chosen domain name or register you for other Services. In the
event we do not register or reserve your domain name or register you
for other Services, or we delete your domain name or other Services
within such thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register, reserve,
or delete your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name
within a thirty (30) day period following registration if we believe
the registration has been made possible by a mistake, made either by us
or by a third party.
- SEVERABILITY. You agree
that the terms of this Agreement are severable. If any term or
provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remaining
terms and provisions will remain in full force and effect.
Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of joint
enterprise between the parties.
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.
Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via postal
service. In the case of e-mail, valid notice shall only have been
deemed to have been given when an electronic confirmation of delivery
has been obtained by the sender. In the case of e-mail, notifications
must be sent to us at email@example.com,
or in the case of notification to you, to the e-mail address provided
by you in your WHOIS record. Any e-mail communication shall be deemed
to have been validly and effectively given on the date of such
communication, if such date is a business day and such delivery was
made prior to 4:00 p.m. E.S.T., 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 and,
in the case of notification to us or to Reseller shall be sent to:
96 Mowat Avenue
Toronto, Ontario M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
You agree that this Agreement, the rules and policies published by us
and the Dispute Policy are the complete and exclusive agreement between
you and us regarding our Services. This Agreement and the Dispute
Policy supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
- 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.
- INFANCY. You attest that you are of legal age to enter into this Agreement.
- FORCE MAJEURE.
You acknowledge and agree that neither we nor the Registry shall be
responsible for any failure or delay 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
- FOREIGN LANGUAGE; 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.
- 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.