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SCHEDULE B
Form of Registration
Agreement
- 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 (“RSP”).
This Agreement explains our obligations
to you, and explains your obligations
to us for various Services.
- SELECTION OF A DOMAIN
NAME. You represent that:
(i) the data provided
in the domain name registration application
is true, correct, up to date and complete,
(ii) 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;
(iii) that the domain
name is not being registered for nor
shall it at any time whatsoever be used
for any unlawful purpose whatsoever
(iv) 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;
(v) you have the authority
to enter into this Registration Agreement;
and
(vi) the registered
domain name is reasonably related to
your business or intended commercial
purpose at the time of registration.
- FEES. As consideration
for the Services you have selected, you
agree to pay the RSP the applicable service(s)
fees. All fees payable hereunder are
non-refundable. As further consideration
for the Services, you agree to: (1) provide
certain current, complete and accurate
information about you as required by the
registration process and (2) maintain
and update this information as needed
to keep it current, complete and accurate.
All such information shall be referred
to as account information ("Account Information").
By submitting this Agreement, you represent
that the statements in your Application
are true, complete and accurate.
- 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 we may:
(1) revise the terms and conditions of
this Agreement; and (2) change the services
provided under this Agreement. You agree
to be bound by any such revision or change
will which shall be effective immediately
upon posting on our web site or upon notification
to you by e-mail or your country’s postal
service pursuant to the Notices section
of this Agreement. You agree to review
this Agreement as posted on our web site
periodically to maintain an awareness
of any and all such revisions. If you
do not agree with any revision to the
Agreement, you may terminate this Agreement
at any time by providing us with notice
by e-mail or postal service pursuant to
the Notices section of this Agreement.
Notice of your termination shall be effective
after processing by us. You agree that,
by continuing the use of Services following
notice of any revision to this Agreement
or change in service(s), you shall be
bound by any such revisions and changes.
You further agree to be bound by the ICANN
Uniform Dispute Resolution Policy (“Dispute
Policy”) as presently written and posted
on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time.
You acknowledge that if you do not agree
to any such modifications, you may request
that your domain name be deleted from
the domain name database.
- MODIFICATIONS TO
YOUR ACCOUNT. In order to change
any of your account information with us,
you must use your Account Identifier and
Password that you selected when you opened
your account with us. You agree to safeguard
your Account Identifier and Password from
any unauthorized use. In no event shall
we be liable for the unauthorized use
or misuse of your Account Identifier or
Password.
- DOMAIN NAME DISPUTE
POLICY. If you reserved or registered
a domain name through us, or transferred
a domain name to us from another registrar,
you agree to be bound by the Dispute Policy
that is incorporated herein and made a
part of this Agreement by reference.
The current version of the Dispute Policy
may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself
with this policy.
- 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:
(i) The Uniform Domain
Name Dispute Resolution Policy (“Dispute
Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute
Resolution Policy (“SUDRP”), available
at http://www.neulevel.com/countdown/stop.html;
and
(iii) The Restrictions
Dispute Resolution Criteria and Rules
(“RDRP”), available at http://www.neulevel.com/;
(collectively, “Dispute
Policies”).
The SUDRP sets forth
the terms and conditions in connection
with a dispute between a registrant
of a .biz domain name (“Registrant”)
with any third party (other than Neulevel,
Inc. (“Registry Operator”) or Tucows
over the registration or use of a .biz
domain name registered by you that is
subject to the Start-up Intellectual
Property Notification Service (“SIPNS”).
SIPNS is a service introduced by Registry
Operator to notify a trademark or service
mark holder (“Claimant”) that a second-level
domain name has been registered in which
that Claimant claims intellectual property
rights. In accordance with the SUDRP
and its associated Rules, those Claimants
will have the right to challenge registrations
through independent ICANN-accredited
dispute resolution providers.
The Dispute Policy
sets forth the terms and conditions
in connection with a dispute between
a Registrant and any party other than
the Registry Operator or Registrar over
the registration and use of an Internet
domain name registered by Registrant.
he 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.
- POLICY. You
agree that your registration of the domain
name shall be subject to suspension, cancellation,
or transfer pursuant to any Tucows, Registry
Operator, ICANN or government-adopted
policy, or pursuant to any registrar or
registry procedure not inconsistent with
an ICANN or government-adopted policy,
(1) to correct mistakes by us or the applicable
Registry in registering the name or (2)
for the resolution of disputes concerning
the domain name.
- AGENCY. Should
you intend to license use of a domain
name to a third party you shall nonetheless
be the domain name holder of record and
are therefore responsible for providing
your own full contact information and
for providing and updating accurate technical
and administrative contact information
adequate to facilitate timely resolution
of any problems that arise in connection
with the domain name. You shall accept
liability for harm caused by wrongful
use of the domain name. You represent
that you have provided notice of the terms
and conditions in this Agreement to a
third party licensee and that the third
party agrees to the terms hereof.
- 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 shall be
liable for any direct, indirect, incidental,
special or consequential damages resulting
from the use or inability to use any of
the Services or for the cost of procurement
of substitute services. Because some
jurisdictions do not allow the exclusion
or limitation of liability for consequential
or incidental damages, in such jurisdictions,
our liability is limited to the extent
permitted by law. We disclaim any and
all loss or liability resulting from,
but not limited to: (1) loss or liability
resulting from access delays or access
interruptions; (2) loss or liability resulting
from data non-delivery or data miss-delivery;
(3) loss or liability resulting from acts
of God; (4) loss or liability resulting
from the unauthorized use or misuse of
your account identifier or password; (5)
loss or liability resulting from errors,
omissions, or misstatements in any and
all information or services(s) provided
under this Agreement; (6) loss or liability
resulting from the interruption of your
Service. You agree that we will not be
liable for any loss of registration and
use of your domain name, or for interruption
of business, or any indirect, special,
incidental, or consequential damages of
any kind (including lost profits) regardless
of the form of action whether in contract,
tort (including negligence), or otherwise,
even if we have been advised of the possibility
of such damages. In no event shall our
maximum liability exceed five hundred
($500.00) dollars.
- INDEMNITY. You
agree to release, indemnify, and hold
us, our contractors, agents, employees,
officers, directors, affiliates and third
party beneficiaries harmless from all
liabilities, claims and expenses, including
attorney's fees, of third parties relating
to or arising under this Agreement, the
Services provided hereunder or your use
of the Services, including without limitation
infringement by you, or someone else using
the Service of any intellectual property
or other proprietary right of any person
or entity, or from the violation of any
of our operating rules or policy relating
to the Service(s) provided. You also agree
to release, indemnify and hold us harmless
pursuant to the terms and conditions contained
in the Dispute Policy. When we are threatened
with suit by a third party, we may seek
written assurances from you concerning
your promise to indemnify us; your failure
to provide those assurances shall be a
breach of your Agreement and may result
in deactivation of your domain name.
- TRANSFER OF OWNERSHIP.
The person named as Registrant at the
time the user name and password are secured
shall be the owner of the domain name.
You agree that prior to transferring ownership
of your domain name to another person
(the Transferee") you shall require the
Transferee to agree in writing to be bound
by all the terms and conditions of this
Agreement. Your domain name will not
be transferred until we receive such written
assurances or other reasonable assurance
that the Transferee has been bound by
the contractual terms of this Agreement
(such reasonable assurance as determined
by us in our sole discretion) along with
the applicable transfer fee. If the Transferee
fails to be bound in a reasonable fashion
(as determine by us in our sole discretion)
to the terms and conditions in this Agreement,
any such transfer will be null and void.
You acknowledge that you will not be entitled
to change registrars during the first
sixty (60) days following the registration
of your domain name.
- 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.
- 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.
- INFORMATION.
As part of the registration process, you
are required to provide us certain information
and to update us promptly as such information
changes such that our records are current,
complete and accurate. You are obliged
to provide us the following information:
(i) Your name and postal
address (or, if different, that of the
domain name holder);
(ii) The domain name
being registered;
(iii) The name, postal
address, e-mail address, and voice and
fax (if available) telephone numbers
of the administrative contact for the
domain name;
(iv) The name, postal
address, e-mail address, and voice and
fax (if available) telephone numbers
of the billing contact for the domain
name.
Any other information,
which we request from you at registration,
is voluntary. Any voluntary information
we request is collected for the purpose
of improving the products and services
offered to you through your RSP.
- DISCLOSURE AND USE
OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain
name registration information you provide
available to ICANN, to the registry administrators,
and to other third parties as applicable.
You further agree and acknowledge that
we may make publicly available, or directly
available to third party vendors, some,
or all, of the domain name registration
information you provide, for purposes
of inspection (such as through our WHOIS
service) or other purposes as required
or permitted by ICANN and applicable laws.
You hereby consent
to any and all such disclosures and
use of information provided by you in
connection with the registration of
a domain name (including any updates
to such information), whether during
or after the term of your registration
of the domain name. You hereby irrevocably
waive any and all claims and causes
of action you may have arising from
such disclosure or use of your domain
name registration information by us.
You may access your
domain name registration information
in our possession to review, modify
or update such information, by accessing
our domain manager service, or similar
service, made available by us through
your RSP.
We will not process
data about any identified or identifiable
natural person that we obtain from you
in a way incompatible with the purposes
and other limitations which we describe
in this Agreement.
We will take reasonable
precautions to protect the information
we obtain from you from our loss, misuse,
unauthorized accessor disclosure, alteration
or destruction of that information.
- REVOCATION.
Your wilful provision of inaccurate or
unreliable information, your wilful failure
promptly to update information provided
to us, or your failure to respond for
over fifteen (15) calendar days to inquiries
by us concerning the accuracy of contact
details associated with the your registration
shall constitute a material breach of
this Agreement and be a basis for cancellation
of the domain name registration.
- RIGHT OF REFUSAL.
We, and/or Registry Operator, in our sole
discretion, reserve the right to refuse
to register or reserve your chosen domain
name or register you for other Services.
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
following registration if we believe
the registration has been made possible
by a mistake, made either by us or by
a third party. We also reserve the
right to suspend a domain name during
resolution of a dispute.
- 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.
- NON-AGENCY.
Nothing contained in this Agreement or
the Dispute Policies shall be construed
as creating any agency, partnership, or
other form of joint enterprise between
the parties.
- 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.
- NOTICES. Any
notice, direction or other communication
given under this Agreement shall be in
writing and given by sending it via e-mail
or via postal service. In the case of
e-mail, valid notice shall only have been
deemed to have been given when an electronic
confirmation of delivery has been obtained
by the sender. In the case of e-mail,
notifications must be sent to us at lhutz@tucows.com,
or in the case of notification to you,
to the e-mail address provided by you
in your WHOIS record. Any e-mail communication
shall be deemed to have been validly and
effectively given on the date of such
communication, if such date is a business
day and such delivery was made prior to
4:00 p.m. EST, otherwise it will be deemed
to have been delivered on the next business
day. In the case of regular mail notice,
valid notice shall be deemed to have been
validly and effectively given 5 business
days after the date of mailing and, in
the case of notification to us or to RSP
shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
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.
- ENTIRETY. You
agree that this Agreement, the rules and
policies published by us and the Dispute
Policy are the complete and exclusive
agreement between you and us regarding
our Services. This Agreement and the Dispute
Policy supersede all prior agreements
and understandings, whether established
by custom, practice, policy or precedent.
- 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.
- 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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